Terms of use

PhysioStim Website Terms of Use

Welcome to the PhysioStim website. The use of this website is subject to specific terms and conditions of use. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern our relationship with you when it comes to using this Website. By using the Website, you also consent to the data practices described in our Privacy Policy.

If you do not agree with the data practices described in our Privacy Policy or the conditions established in our Terms of Use, you should not use the Website.

Legal Information and Contact Data

The term ‘PhysioStim’ or ‘us’ or ‘we’ refers to the owner of the website, The term ‘you’ refers to the user or viewer of our website, in other words: to you. You’ll find all legal contact information regarding the owner below:

Company information

PhysioStim – SAS au capital de 555 550 €
Zone industrielle de Brénas, 81440, Lautrec, France

• RCS Castres 429 482 557- APE 7219Z

• Intra-community VAT: FR 7842948255700023

• Email address and Phone number
– Tel.: +33 (0) 5 63 70 81 07

• Publication Director: Richard Printemps

• The Website is hosted by alwaysdata (91 rue du Faubourg Saint Honoré – 75008 Paris, France)
www.alwaysdata.com – Tel.: +33 1 84 16 23 40

Terms and Conditions of Use

 Accuracy, Completeness and Timeliness of Information on This Site

The content of the pages of this website is for your general information and use only. It is subject to change without notice. PhysioStim cannot be held responsible if information on this Website is not accurate, complete or up to date. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

 

Use of Materials on the Site

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by PhysioStim, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print.

Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to PhysioStim, is expressly prohibited.

You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. PhysioStim reserves the right to refuse or cancel any person’s registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. PhysioStim, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in PhysioStim’s sole discretion. PhysioStim neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with PhysioStim.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. PhysioStim reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which PhysioStim may be entitled by law or in equity.

 

Conduct on the Website

You or third parties acting on your behalf are not allowed to frame this site or use our proprietary brands as meta tags, without our written consent. These brands include, but are not limited to, PhysioStim. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without PhysioStim’s express written consent. Further, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without PhysioStim’s express written consent.

 

Links to other websites

From time to time, this website may contain links to other Web sites, some of which are operated by PhysioStim or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. PhysioStim is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

 

Trademarks and Copyrights

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of PhysioStim., its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. PhysioStim reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of France and other countries.

 

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. You are hereby informed that PhysioStim has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of PhysioStim’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent. To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

– Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

– A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

– A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PhysioStim is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

Disclaimers

Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. PhysioStim expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely.

If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from us or through us from the site shall create any warranty of any kind. PhysioStim does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of liability

You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither PhysioStim nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, as removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if PhysioStim, its affiliates or any of its suppliers has been advised of the possibility of damages.

This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither PhysioStim nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with PhysioStim is to discontinue your use of the website. You and PhysioStim agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless PhysioStim and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. PhysioStim reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PhysioStim in the defense of such matter.

Jurisdiction and Applicable Law

Your use of this website and any dispute arising out of such use of the website is subject to the laws of France. The laws of France govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in France for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of France. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

PhysioStim reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the site after any changes to the Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Web site and the revised terms will take effect thirty days after their publication on the site.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and PhysioStim with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

How to Contact Us

If you have any questions about our Website, Terms & Conditions of Use, our Privacy Policy or any other unresolved concerns that we have not addressed satisfactorily, please don’t hesitate to contact us:

Phone: +33 (0)5 63 70 81 07

Email:

Or write us at: PhysioStim, Zone industrielle de Brénas, 81440 Lautrec, France