This policy was updated on September 20, 2021
These Terms and Conditions ("Terms") apply to www.excellentia.io (including www.excellentia.io/legal) and any other eXcellentia website located on or accessible through www.excellentia.io (collectively, the " Websites ") that refer to these Terms.
Some Websites and certain content may be subject to different or additional terms. By accessing the websites or content, the user agrees to be bound by any additional terms governing the use of each website or such content.
Please read these Terms carefully as they contain relevant information about your legal rights, remedies and obligations arising from your use of the Websites, including, but not limited to, various limitations, exclusions and indemnities.
By accessing or using the Websites, including the content and services available through the Websites, the user declares to have read, understood and fully accepted these Terms relating to the Websites. If you are not willing to be bound by each term or condition, or if any statement made here by the user is not true, you cannot use the Websites and therefore must stop using them.
Used in these Terms and on the Websites, the eXcellentia terms and we refer to the eXcellentia network and / or one or more of its Member Firms. Each Member Firm of the eXcellentia network is a separate legal entity. For more details, please visit www.excellentia.io/legalstatement.
Definitions
For the purpose of clarity and understanding only, we have defined certain words used in the Terms and Websites. Further definitions are instead present in the Terms.
"Content" means all materials and content, including design, editorial, text, graphics, audiovisual material, multimedia elements, photographs, videos, music, audio recordings, reports, documents, software, information, formulas, diagrams, data and any other work.
"Member Firm" means a local partnership, company or other entity that is a member of the eXcellentia network, each of which is a separate legal entity, as well as any affiliate or subsidiary of any Member Firm.
“eXcellentia” or “we” refer to the eXcellentia network and / or its individual Member Firms. “eXcellentia” or “we”, when used in individual articles and publications available on the Websites, may, depending on the context, refer to the eXcellentia network as a collective or to individual Member Firms.
"Registered User" means a User who has registered and created an Account with eXcellentia to access the advanced features of a Website. (where applicable)
"Users" means all users of a Website.
"You" means you as an individual user of a Website.
Regarding the Websites
The Websites provide information about eXcellentia, including the thought leadership, services and products we provide. Any reference to "the Website", "the Websites" and "www.excellentia.io" includes all software, content and features provided within the concerned Websites.
The Websites offer a range of interactive features, such as access to premium and personalized content, user profiles, reading lists, commenting and other publicly accessible collaborative features. We may add other features from time to time. Some features are only available for Registered Users. For more information on registration, please see the Registration section of these Terms.
For informational purposes only
The Websites and the content available within them are for informational purposes only. Neither the Websites nor the content available within them constitute professional advice, nor should users or third parties rely on them to, for example, manage or promote their business, obtain financing or any form of capital, obtain government or regulatory approvals or to obtain services or other benefits from any entity. Before making any decisions or taking any action, it is good to consult with professional consultants.
Website changes and availability
The Websites are made available "as is", without any representations or warranties as to their functionality or availability and without any guarantee that they are complete, accurate or timely, nor any guarantee as to the results that users or others might get from their use. Access to all or part of the Websites may be suspended at any time without notice.
Submission, including comments and feedback
The Websites may contain features that allow you to comment on articles; share materials; provide ideas, proposals, suggestions ("Feedback"); or otherwise make certain materials available through or in connection with the use of the Websites by the user (collectively, "Contributions").
If you choose to make available to the public through the Websites (for example by posting a comment or other form of Contribution) any personal information that may or may not identify you, you do so at your own risk. Furthermore, when the user makes a Contribution, he will comply with all the requirements set out in these Terms.
The user accepts and acknowledges that their Contributions are not confidential; that the submission of Contributions is free, not required and without restrictions; and that the sharing of any Contribution does not imply any fiduciary or other obligation for eXcellentia.
We may (but are not obligated to) monitor, evaluate, modify or remove Submissions before or after they are posted on the site; however, we have no control and no responsibility for the proper or improper use of the Contributions (including distribution) by third parties.
Monitoring
We may, from time to time, monitor the use of the Websites even though we are under no obligation to do so. If and when we monitor the use of one or more websites, we will do so in accordance with applicable law.
User liability
Acceptable Behaviors
The user will use the Websites only for legitimate purposes. If the user becomes aware of any violation, by any person or entity, of one or more of the provisions of these Terms, the user will immediately inform us via this contact form and will provide us with assistance, in the manner requests, to discontinue or remedy such violation.
Forbidden Behavior
In using the Websites, the user must refrain from:
Post, transmit or make available through the Websites any material that is or may be: (a) threatening, harassing, degrading, hateful or intimidating, or that does not respect the rights and dignity of others; (b) defamatory, fraudulent or unlawful; (c) obscene, indecent, pornographic or objectionable; or (d) potentially harmful or invasive or intended to damage or alter the functionality, or monitor the use, of any hardware, software or equipment, such as viruses, worms, Trojan horses, Easter Eggs, time bombs, spyware or other code , file or computer program (hereinafter, “Virus”).
Publish, transmit or otherwise make available through the Websites any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express written consent of the legitimate owner.
Use the Websites for commercial purposes or in any case use the Websites to process data or other information on behalf of third parties.
Use the Websites for any fraudulent, illegal or illegal purpose.
Interfere or interrupt the operation of the Websites or the servers or networks used to make the Websites available, including by hacking or deleting any part of one of the Websites; or violate any requirements, procedures or policies of such servers or networks.
Restrict or inhibit third parties from using the Websites.
Create or share content without first obtaining the necessary permissions from third parties or use the Websites to post or transmit any information that you do not have the right to provide; that violates any applicable law or regulation; or that would violate or infringe any third party right or interest.
Reproduce, modify, adapt, translate, create works deriving from, sell, rent, assign, loan, share, distribute or exploit, without the prior written consent of eXcellentia, any portion (or any use) of the Websites except as expressly authorized in this document.
Reverse engineer, decompile or disassemble any part of any of the Websites, except where such restriction is expressly prohibited by applicable law.
Remove or alter any notices on copyrights, trademarks or other proprietary rights on the Websites or in the content accessible through the Websites.
Reproduce or copy, without the prior written consent of eXcellentia, any part of the Websites, or otherwise incorporate any part of the Websites into any product or service. .
Systematically download and archive the content of the Websites.
Use any robot, spider, Website search / retrieval application or other manual or automated device to (a) retrieve, index, "scrape", "extract data" or collect content from the Websites, (b) reproduce or circumvent the navigation structure or presentation of the Websites, or (c) Collect information about users of the Websites without the prior express written consent of eXcellentia.
If the user does not comply with these Terms (or if we have reasonable grounds to suspect or if we are investigating a suspected non-compliance), we may suspend the user's access to the Websites or take any other measures we consider appropriate.
Requirements for using the Websites
If the user is a natural person, he declares and guarantees that he has reached the age of majority in the jurisdiction in which he resides and that he is, in any case, at least 18 years old.
If you use the Websites on behalf of a company or other organization, you represent and warrant that you have the necessary powers to accept these Terms on behalf of that organization and all references to "you" in the these Terms will include such organization, jointly and strictly with you.
Intellectual property
Our content
Except where expressly stated, all rights, titles and interests in or to the Websites and all Content, source codes, processes, structures, technologies, URLs, domain names, trademarks and logos that form any part of the Websites (collectively, "Our Content") is (a) given in full to us, our licensors, or our suppliers and (b) protected by copyright, trademark, patent, trade secret or other rights laws property and applicable laws.
You agree that access and use of our Content is subject to these Terms, including the disclaimers and limitations of liability listed here. The use of the Websites or these Terms does not guarantee the user any rights, title or interest in or to our Content, except for a limited right to use the Websites as set out in these Terms.
Unless otherwise expressly authorized by us, the user agrees not to:
copy, modify, link, rent, assign, loan, sell, assign, license, secure a security interest or transfer any right or interest in our Content;
remove any proprietary notices or names on or in our Content; or
allow any other person or entity to take any of the above actions.
User content
You represent and warrant that you have all the rights necessary to grant the licenses referred to in these Terms. Furthermore, you represent and warrant that your Contributions are (a) complete and accurate and (b) non-fraudulent, unlawful or in violation of any applicable law or any third party right. The user irrevocably waives the "moral rights" and any other rights that the same may claim, on the basis of any applicable law or under any legal theory, in relation to the attribution of authorship or the integrity of the materials of each Contribution.
Intellectual property
We do not claim ownership of User Contributions; however, the user accepts that by publishing, uploading, entering, providing, sending, inserting or more generally transmitting their Contributions to us or to third parties using the Websites:
It grants us the free, non-exclusive, worldwide, fully paid, perpetual, irrevocable, transferable and fully sublicensable (via multiple levels) license, without further consideration for the user or third parties, to reproduce, distribute, perform and display (including publicly ), create works deriving from, adapt, modify and otherwise use, analyze, exploit and put into practice any comment or contribution, in any format or medium known or later developed, and for any purpose (including promotional purposes, such as testimonials) ;
It confirms, represents and guarantees us that it has all the rights, titles and interests, as well as the necessary power and authority, to guarantee the license of the aforementioned Contributions;
You acknowledge and agree that the technical processing and transmission of the Websites, including your Contributions, may involve transmissions over various networks and modifications for the purpose of conforming or adapting to the technical requirements of the networks or connecting devices and that the Contributions may be subject to “caching” or other technical processing or transmission policies and procedures carried out by us or at intermediate locations on the internet.
Third parties content
The Websites may contain links to websites and other materials made available by third parties (collectively, “Third Party Content”). If the user uses these features, he instructs us to access, direct and transmit the applicable Third Party Content to the user.
Third Party Content may be protected by copyrights, trademarks, patents, trade secrets or other property rights and laws. Nothing in the use of the Websites or these Terms guarantees the user any right, title or interest in or towards such Third Party Content, except for the limited right to use the Websites as set out in these Terms.
We do not control or endorse, nor are we responsible for, any Third Party Content and we make no representations or warranties about it. The availability of any Third Party Content through the Websites does not imply the endorsement or affiliation of any provider of such Websites or materials. The use of any Third Party Content is at the user's risk and is subject to the terms, conditions and policies applicable to them (such as the terms of service or the privacy policies of the Third Party Content providers).
Trade and service marks
It is not possible to associate the trade names, trademarks, service marks, logos or designs of "eXcellentia" or any other trademark owned by eXcellentia, to any product or service that is not of an eXcellentia Member Firm or to use them so that it can cause confusion. Nothing contained on the Websites should be construed as granting the right to use trade names, trademarks, service marks, logos or designs without the prior written consent of the owner.
Open Source
The Websites may contain open source components, the use and distribution of which by us is permitted under specific open source licenses. The use of these open source components is governed by and subject to the terms and conditions of the applicable open source license.
Liability and guarantees
Guarantees
eXcellentia makes no representations or warranties on the Site, which is provided "as is". To the fullest extent permitted by law, we exclude all implied warranties relating to the site, including, without limitation, warranties of merchantability, fitness for purpose, title, and non-infringement.
Limitation of Liability
The Websites are provided for information purposes only and, to the maximum extent permitted by applicable law, eXcellentia and the eXcellentia Parties exclude any liability for any loss or damage of any kind and in any case deriving from the use or inability to use the user. of the Websites and all materials obtained through the Websites.
The user acknowledges and accepts that the use of the Websites is subject to the risks inherent in any connection and transmission on the Internet, in particular to security and vulnerability risks, technical performance and the risk of interruption. Consequently, neither eXcellentia nor any of the eXcellentia Parties are liable under any circumstances for any loss or damage caused by interruptions or failures of the Internet networks or for any interruptions or restrictions to the accessibility of the Websites arising for any reason, including, but not limited to a, viruses, security vulnerabilities or technical or operational failures of any nature.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES OF eXcellentia DISCLAIM ANY LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT EXEMPLARY, PROFIT OR LOSS , START-UP, WORK INTERRUPTION, SECURITY VIOLATIONS, VIRUSES, COMPUTER FAILURES OR MALFUNCTIONS, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSS OR BUSINESS DAMAGE, EVEN IF ANY OF THESE PARTS HAS BEEN LOST , ARISING FROM THE USER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR THE INABILITY TO USE THE SAME, OR FOR ANY OTHER REASON LISTED HERE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXcellentia PARTIES WILL NOT BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ALL INFORMATION MADE AVAILABLE BY THEM; ANY DECISION TAKEN OR ACTION TAKEN BY RELYING ON THE WEBSITES OR INFORMATION MADE AVAILABLE BY THEM; OR FOR ANY LOSS OR DAMAGE - INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES - ARISING FROM OR IN CONNECTION WITH THE USER'S USE OF THE WEBSITES OR ANY INFORMATION OR MATERIAL OBTAINED BY THE USER THROUGH OR IN CONNECTION WITH THE WEBSITES.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party's discretion), indemnify and hold harmless the eXcellentia Parties and their insurers from and against any action, proceeding, claim, claim, debt, loss, damage, charges and costs, including reasonable legal costs and / or any amount paid to settle out of court any legal action or in execution of a judgment and expenses of any kind and nature incurred by us relating to or arising from any content or information published or transmitted by you using the Websites or who otherwise arises from your use of the Websites or from the use of the Websites by third parties who are given or granted access to the Websites due to your action or inaction. Your indemnification obligation to the Excellentia Parties includes but is not limited to instances where one or more of the Contributions (a) infringes any Third Party Content or intellectual property rights of other third parties, or (b) is inappropriate, profane, defamatory, offensive, obscene, indecent or illegal.
The eXcellentia Parties have the right at any time to waive the indemnity and assume the defense of any claim for compensation. Notwithstanding the foregoing, it is not the intent of the Excellentia Parties to prejudice the rights of the Excellentia Parties or their insurers to assume the defense or settle out of court any claim for compensation advanced against an Excellentia Party for which insurance coverage is requested under any applicable insurance policy.
Disclaimer and Risk Assumptions
The Websites and all information provided to the user through the Websites are provided "as is" and "as available". To the maximum extent permitted by applicable law, the eXcellentia Parties disclaim all express, implied and legal warranties with respect thereto, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, non-infringement interference, error-free service and uninterrupted service. eXcellentia does not represent or warrant that the Websites, services and content provided through the Websites, or the software or information downloaded from the Websites will be accurate, up-to-date, uninterrupted, free from errors, omissions or viruses or other harmful components.
BY MAKING THE WEBSITES AVAILABLE, eXcellentia IS NOT MAKING ANY FINANCIAL, TAX, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL SERVICES AND PROPOSALS, AND NONE OF THE INFORMATION PRESENTED ON THE WEBSITES SHOULD BE INTERPRETED AS ANY OTHER LEGAL ADVICE, TYPE OF PROFESSIONAL ADVICE OR SERVICE.
Other legal provisions
Amendments
We reserve the right to change these Terms at any time without notice, but will endeavor to post any changes before they become effective. The most recent and complete version of changes to these Terms will be posted on the Websites. The user is responsible for the periodic review of the Websites to obtain timely notification of such changes. If any of the changes are unacceptable to the user, it is possible to terminate the agreement between the user and us regarding the use of the Websites as established in these Terms. If the user continues to use the Websites after the effective date of any modification, it will be conclusively deemed that the user has accepted the modified version of these Terms.
Privacy
Each of the Websites has a privacy statement. The user acknowledges that he has read the Privacy Policy found on each of the Websites, as it may be updated from time to time ("Privacy Policy"). You further acknowledge that, to the extent required by applicable law, by using each of these Websites, you consent to our collection, use and disclosure of your personal data (previously collected or yet to be collected) for the purposes identified therein.
Our remedies
Without limiting any of our rights, we may suspend, limit or discontinue your use of the Websites without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the Terms, including, by way of example but not limited to, any of the user's responsibilities indicated above.
Enforceability
The use by the user of the Websites and the contents and functionalities accessible through them constitute clear acceptance of these Terms; this agreement will be considered for all legal purposes as a written and legally binding agreement.
Interpretation
In these Terms, (i) the captions and headings are for convenience only and do not constitute a material matter and should not be construed as an interpretation of the content of these Terms, (ii) the word "included", the word "includes" and the phrase "how", when following a statement or general term (whether or not non-limiting language is used such as "without limitation" or "but not limited to" or other words of similar meaning) should not be construed as limiting , and the word "or" between two or more listed topics does not imply an exclusive relationship between the related matters, and (iii) all references to the addresses or URLs of the Websites will also include any replacement or subsequent Websites containing information substantially similar to Reference websites.
No implied waiver
If you do not comply with these Terms and we do not act immediately, it does not mean that we, or one of the Excellentia Parties, is waiving any of the rights it may exercise (e.g. take action in the future).
Forfeiture
Any legal action you can claim in relation to these Terms or the Websites must be initiated within one year from the moment the right to claim 'or legal action arose, or the action is forfeited.
Notices
Any notice, consent, waiver, approval, authorization or other communication in relation to these Terms:
on our part towards the user it will be considered effectively and validly delivered if delivered or sent to any of the contact details listed in the user's account;
by the user it will be considered effectively and validly given to us only if made in writing and delivered or sent via this contact form.
Transfer
We may assign without notice, at any time, in whole or in part, the rights and obligations under these Terms. The user may not assign these Terms without our prior written consent. These Terms will take effect to the benefit of, and bind, you and us, our respective personal and legal representatives, successors and authorized assigns.
Relationship
The user agrees that no joint venture, partnership, trustee, employment or agency relationship exists between us and the user as a result of these Terms or the use of the Websites.
Major force
Neither party will be held in breach of its obligations under these Terms or due to delay if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, wars, riots, strikes and incidents in the transportation, excluding lack of funding, cash or credit.
Full agreement
These Terms, as amended from time to time, including all documents, Websites, rules, terms and policies referred to herein, including but not limited to the Privacy Policy, constitute the entire agreement between us and users. in connection with the use of the Websites.
Not valid
If a certain provision of these Terms becomes unenforceable, this will not affect the validity of all other provisions of these Terms.
Updates
The Privacy Policy and the Terms are updated to the date at the top of this page. We may update the Terms and Privacy Policy at any time by posting an updated version here. If the user continues to use the Websites after such changes, this will indicate that he has accepted these changes.
