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Last revised: September 1, 2005

Please read this terms of use agreement ("Agreement") carefully before using this website.

Terms of use

François Longin (“I”, “mine”, “me”) provides this website and all related content and services (collectively, the “Site”) to Site visitors and users (including without limitation any registered users or subscribers) (“you”), subject to your compliance with the terms and conditions set forth in this Agreement (“Terms”). By accessing, downloading content from, submitting materials to, browsing or otherwise using the Site (“Use”), you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
I reserve the right at any time to add to, modify or otherwise change the Terms and add to, modify or otherwise change the Site, including without limitation eliminating or discontinuing any content or service provided on, or feature of, the Site.

Any changes I make will be effective immediately upon notice, which I may provide by posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version of the Terms. Upon my request, you agree to sign a non-electronic version of this Agreement.

Except for any information, text, diagrams, charts, data, surveys, reports, results, analytics and other materials, products or services (“Content”) provided or made available through applications services or other services provided pursuant to a written agreement separately executed by you (such Content to be referred to as “Service Content”), all other Content (including without limitation any Third Party Content) provided on or made available on or through the Site is for general informational purposes only and is not intended to address any user’s particular requirements or business. In particular, except for any Service Content provided pursuant to a written agreement with you, none of the Content is intended as financial, tax, accounting, legal or other professional advice or recommendation whether with respect to finance, management, decisions or otherwise. I cannot and do not assess or guarantee the suitability, accuracy, reliability, potential value or profitability of any informational source or of such Content (or any part thereof). You bear the sole risk and responsibility for your Use of the Site and any Content, and for any decisions or third party arrangements you make or refrain from making as a result thereof.

Third Party Content - Additional Terms

This Site may contain or provide third party content, products or services (“Third Party Content”), and your Use of such Third Party Content may be subject to third party agreements. You should ensure that you comply with any such third party agreements before Using any Third Party Content. In addition, your Use of certain services provided on the Site (whether by me or third parties) may be governed by additional terms. By Using such services, you agree that you have reviewed all such additional terms and will be bound by them.

Code of conduct

While Using the Site you agree not to: restrict, inhibit or otherwise interfere with the Use by any other visitor or user of the Site (including without limitation any interference by means of "hacking" or defacing any portion of the Site); use the Site for any unlawful purpose; express or imply that any Content or Materials (as defined below) you make, submit or post are endorsed by me; upload, submit or transmit (a) any Content orMaterials that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or that infringes my or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the express authorization to do so; (c) any trade secret or proprietary information of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); engage in “spamming” or “flooding”; transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; modify, adapt, sublicense, translate, sell, lease, reverse engineer, decompile or disassemble any portion of the Site (or offer to do any of the above); remove any copyright, trademark, or other proprietary rights notices contained in the Site; “frame” or “mirror” any part of the Site without my prior written authorization; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content; or harvest, collect or use information about visitors to or users of the Site without their express consent.
While Using the Site you agree to comply with all applicable laws, rules and regulations.

User information and registration

Some areas of the Site require you to be or become a registered user of the Site. When and if you become a registered user, you agree to (a) provide accurate, current, and complete information about yourself as prompted by my registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, I reserve the right to terminate this Agreement and your Use of the Site.

As part of the registration process, you will be asked to select a username and password. I may refuse to grant you a username and/or password that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by me in my sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your Use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information on the Account Information section of the Site, or by contacting me. You are solely responsible for maintaining, and for taking all necessary measures to maintain, the confidentiality of your username and password and for any and all activities, whether by you or anyone else (including without limitation purchases) that are conducted through your account.

Ownership and restrictions on use

The Site is owned and operated by me in conjunction with others pursuant to contractual arrangements. Except for any Service Content otherwise provided for in a written agreement separately executed between you and me, all Content thereon and all Results (as defined below) are my sole and exclusive property or the sole and exclusive property of my affiliates, licensors or providers (including without limitation all intellectual property rights therein). You may only access and use the Content and Results, solely for your personal or internal business use. You may not reproduce, modify, republish, upload, post, transmit or distribute any Content or Results, in whole or in part, in any way (including without limitation to any other website) without my prior written permission. Modification or use of any Content or Results for purposes other than those expressly permitted herein is a violation of my copyright and other proprietary rights, and is strictly prohibited.

If you download any software from the Site, such software, including without limitation any files or data therein, or images incorporated in or generated by the software (collectively, the "Software"), is licensed on a limited basis to you by me or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but I or my licensors retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, rent, transmit, transfer or distribute the Software, or attempt to decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Copyright notice

All rights, including copyright, in the content of these web pages are owned or controlled for these purposes by François Longin.

In accessing the web pages, you agree that you may only download the content for your own personal non-commercial use.

You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these web pages for any other purpose whatsoever without the prior written permission of François Longin.

Making purchases

Certain products or services may be offered for license or sale by third party merchants or service providers whose services or websites are accessible through links included on the Site. Such transactions (including without limitation any payment arrangements or credit card transactions) are governed by agreements between you and such third party, and not by this Agreement or me. I cannot and am not responsible or liable for any purchase or other transaction you may enter into with third parties, including any third party to whose website or services you may be linked to or directed from my Site.

Descriptions, images or listings of, or links or references to, products or services on the Site do not imply my endorsement of such products or services. I reserve the right, without prior notification, to change such descriptions, images, listings, links or references (including without limitation any information as to prices or available quantities).

Submissions and postings

In relation to your Use of any features of or services on the Site, you may send, transmit or provide to me ideas, notes, concepts, technical, financial or other data, company or industry information, financial models, calculations, projections, or any other information or materials (collectively, “Materials”), or post or upload such Materials to any area of the Site (including without limitation transmissions, messages or postings of any Materials on or to my Discussion Forums, Job Postings and other interactive communities (“Postings”)), and I therefore need to obtain certain rights in those Materials. You therefore grant me and my designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, edit, make, have made, sell, offer for sale and import such Materials, and any results, reports, models or other information developed, created or obtained using such Materials, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on my part and I shall not be liable for any use or disclosure of any Materials; except only for those Materials submitted, transmitted or provided by you in relation to any surveys, reports, analysis, results, charts, diagrams, data, models, forecasts or any other information or materials created, customized or produced by me or my agents arising from your Use of the Site or any specific service thereon (“Results”), with respect to which Materials I have expressly agreed with you to keep confidential, pursuant to a separate agreement executed prior to their submission, transmission or provision to me.

Jurisdictional issues

I make no representation that the Site or its Content are appropriate or available for use in locations other than France. Those who choose to access the Site from locations other than from within France do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. I reserve the right to limit the availability of the Site and/or the provision of any service, information or product thereon to any person, geographic area, or jurisdiction I so desire, at any time and in my sole discretion, and to limit the quantities of any such service, information or product that I provide.

Termination

This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, I reserve the right to immediately terminate this Agreement, and/or terminate or suspend your access to and Use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all information and materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Links to other websites

The Site may contain links to other websites or resources. I neither control nor endorse such other websites or resources, nor have I reviewed any content that appears on such other websites. You acknowledge and agree that I shall not be held responsible for the legality, accuracy, or otherwise for the nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content, advertising, products, services or information.

Disclaimers

Except for any warranties expressly provided in a written agreement separately executed with you, the Site, the Content, and any product or service obtained on or through the site are provided “as is”, “as available”, and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, I, my affiliates, providers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Without limiting the foregoing, I, my affiliates, providers, advertisers and agents do not warrant that your use of the Site will be uninterrupted, error-free, or secure, that any information obtained thereon is accurate, reliable or complete, that defects will be corrected, or that any Software, the Site or the server(s) on which it is hosted are free of viruses or other harmful components. No representation or warranty is made as to any opinion, advice, or statement of mine or my affiliates, providers, advertisers, agents, users, or visitors, whether made on the Site or otherwise. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume total responsibility and risk for your use of the Site and your reliance thereon. Your use of the Site and any information or materials provided on or through the site are entirely at your own risk.

A possibility exists that the Site could include inaccuracies or errors, or materials that violate these Terms (such as the Code of Conduct above). A possibility also exists that unauthorized alterations could be made by third parties to the Site. Although I attempt to ensure the integrity of the Site, I cannot and do not guarantee the Site's completeness or correctness. In the event that you detect any such inaccuracies, errors or incomplete content, please send me a description of the material to be checked, its location on the Site, as well as information sufficient to enable me to contact you. I will try to address your concerns as soon as reasonably practicable.

Limitation of liability

This paragraph shall apply to all damages, losses, causes of action or claims arising out of or relating in any way to the Site or the Content, except where express provision is made otherwise in a separate written agreement with you. Neither I nor my suppliers, advertisers, affiliates, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other legal theory arising out of or relating in any way to the Site and/or Content, or any information, product or service purchased or obtained through the Site. Your sole remedy for dissatisfaction with the Site, or any such Content, information, product or service is to stop using the Site. My maximum liability for all damages, losses, causes of action and claims shall be the total amount paid by you, if any, to access the Site.

Indemnification

You agree to indemnify, defend and hold me, affiliates, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation any violation of the Code of Conduct above; (b) any allegation that any Materials you provide infringe or otherwise violate the copyright, trademark, patent, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of France, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Paris, France, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with my prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Except for any written agreement separately executed between me and relating to Service Content, this is the entire Agreement between me relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral representations, communications or agreements between us.

Privacy policy

I share your concern about the protection of your personal information online. This is my policy regarding the privacy of information I collect on this website and all site-related services (collectively, the "Site").

Note that, by accessing and/or using the Site, you signify your agreement to this Privacy Policy. If you do not agree to this Policy, please do not access or use the Site.

I reserve the right to modify this Policy at any time without prior notice. Your continued use of the Site subsequent to changes to this Policy will mean that you accept the changes; therefore, please bookmark this page and review it frequently.

If you have any questions regarding this Policy or the Site, please contact me.

Information gathered / Information tracked by me

I gather two types of data about users: (a) personal information, which individual users provide through registration to the Site for access to certain content or services, and for purposes of participating in the Discussion Forums or Frequently Asked Questions (FAQ) area (all such users, “Subscribers”), and voluntarily at certain other points; and (b) tracking information, which is automatically collected about every visitor to the site, both Subscribers and non-subscribers.

Personal information

Personal information is gathered in several ways. First, when a user registers with the Site, he or she is required to provide his or her name and email address, and to select a password. Additionally, I ask Subscribers to provide me with the name of their organization, their industry focus, and their geographic location.

In addition to registration for subscriptions, you may be required to enter personal information at other times, including (but not limited to) when you take a survey on the Site. If you contact me (including, but not limited to, contact through email), I may keep a record of that correspondence. Wherever I collect personal information, I will make an effort to include a link to this Privacy Policy on that page.

Email updates

During the registration process, Subscribers may opt to receive various email updates. Any Subscriber who wishes to be removed from the mailing lists of one or more of these updates can do so at any time by visiting Your Account section on the Site or by contacting me.

Discussion forums

I provide Discussion Forums and FAQ area for user discussion of various topics. Only Subscribers are permitted to post or read messages on the Discussion Forums. Please note that information that you post to a Discussion Forum will be available for any user of that service to read, and is no longer private.

Tracking information

Tracking data consists of individual tracking information and aggregated tracking information, and is automatically gathered using “cookies”. A cookie is a small data file containing information such as a user's login name that is written to the user's hard drive by a Web server, and used to track the pages visited. Cookies that I use are encoded and contain a unique digital signature to prevent tampering. They do not contain Subscriber passwords. The information gathered in this manner is used for internal purposes only, such as accessing a user’s account information in connection with operating the site. I also use the information on an aggregate basis, to track readership of content and analyze traffic patterns on this site.

Use of the information

I use information obtained from my users as stated in this Privacy Policy, and to enhance users’ experience on my site. I do not rent or sell any personal information about Subscribers or other users. As a general rule, I will not disclose any personal information to any third parties, except when I believe in good faith that the law requires it, to protect myself, my affiliates, providers or other users, or to respond to an emergency. Information is also disclosed if a user has given permission, for example by voluntarily entering a contest, where the information required to register for the contest. Tracking information is used to create aggregate reports on user demographics and site traffic patterns. I may provide such tracking or other aggregate information to my affiliates and my current and potential advertisers, content providers or strategic partners, in order to enhance the features or services available on or through the Site; however, none of the information provided to them can be connected to the identities or other personal information of individual users.

Please note that I reserve the right to disclose information submitted by or concerning any user of the Site as I reasonably feel is necessary to protect my systems or business. Specifically, but without limitation, I reserve the right to disclose such information when a user is in violation of my Terms of Use or other published guidelines, or partakes (or is reasonably suspected of partaking) in any harmful, infringing or illegal activity, even without a subpoena, warrant, or other court order, and to disclose such information in response to court and governmental orders, civil subpoenas, discovery requests, and as otherwise required by law, as well as in response to allegations of infringement. I cooperate with law enforcement agencies in identifying those who may be using my servers or services for illegal activities. I also reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution, or to suspend or terminate a user's subscription in connection with any suspected illegal or infringing activity.

Information collected by third parties

The Site contains links to other third party websites, including affiliated sites which may or may not be owned or operated by or in conjunction with me. You acknowledge that I do not monitor or control the information collection or privacy practices of any third parties, and am not responsible for their practices or the content of their web sites, including their use of any information (such as IP number, browser type, or operating system) collected when you "click through" links to their sites or view advertisements served by them. Even though certain information collected by such third parties might not identify you personally, I strongly encourage you to become familiar with their privacy practices, and to contact such third parties if you have any questions about their respective privacy policies.

Changes to personal information - Cancelling subscriptions

Subscribers may access, review, correct, update or delete any information I may have collected from them during registration, and/or cancel their subscriptions, at any time. These can be done by visiting my Your Account section or by contacting me. In addition, if you would like to have your personally identifiable information removed from my database, please contact me, and I will use reasonable efforts to comply with your request. Keep in mind, however, that there will be residual information that will remain within my databases, access logs, and other records, which may or may not contain such personally identifiable information. The residual information will not be used for commercial purposes; however, I reserve the right, from time to time, to re-contact former users of the Site.

Security

I use reasonable security methods to protect the data that resides on the  servers. However, no security system is impenetrable. I cannot guarantee the security of the servers, nor can I guarantee that information that users supply will not be intercepted while being transmitted over the Internet.

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