Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the
to . and will be deemed to have been made aware of and to have
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly . those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local
laws . if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act
(HIPAA) . Federal Information Security Management Act (FISMA)
. etc.) . so if your interactions would be subjected to such laws
. you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission
of . and be directly supervised by . their parent or guardian to use the Site. If you are a
Unless otherwise indicated . the Site is our proprietary property and all source
code . databases . functionality . software . website
designs . audio . video . text . photographs
. and graphics on the Site (collectively . the"Content") and the
trademarks . service marks . and logos contained therein (the"Marks") are owned or controlled by us or licensed to
us . and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United
States . international copyright laws . and international conventions. The Content and the Marks are provided on the Site"AS
IS" for your information and personal use only. Except as expressly provided in these Terms of
Use . no part of the Site and no Content or Marks may be copied
. reproduced . aggregated . republished . uploaded
. posted . publicly displayed . encoded . translated
. transmitted . distributed . sold . licensed . or otherwise exploited for any commercial purpose
whatsoever . without our express prior written permission.
Provided that you are eligible to use the Site . you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your
personal . non-commercial use. We reserve all rights not expressly granted to you in and to the
Site . the Content and the Marks.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the
Site . you agree not to:
- Systematically retrieve data or other content from the Site to create or
compile . directly or indirectly . a collection .
compilation . database . or directory without written permission from us.
Trick . defraud . or mislead us and other users . especially in any attempt to learn sensitive account information such as user passwords.
Circumvent . disable . or otherwise interfere with security-related features of the
Site . including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage . tarnish . or otherwise harm . in our
opinion . us and/or the Site.
- Use any information obtained from the Site in order to
harass . abuse . or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit)
viruses . Trojan horses . or other material . including excessive use of capital letters and spamming (continuous posting of repetitive
text) . that interferes with any party's uninterrupted use and enjoyment of the Site or
modifies . impairs . disrupts . alters . or interferes with the
use . features . functions . operation . or maintenance of the Site.
- Engage in any automated use of the
system . such as using scripts to send comments or messages
. or using any data mining . robots . or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission
mechanism . including without limitation . clear graphics interchange formats
("gifs") . 1*1 pixels . web bugs . cookies . or other similar devices (sometimes referred to as"spyware" or"passive collection
with . disrupt . or create an undue burden on the Site or the networks or services connected to the Site.
Harass . annoy . intimidate . or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the
Site . or any portion of the Site.
- Copy or adapt the Site's
software . including but not limited to Flash . PHP
- Except as permitted by applicable
law . decipher . decompile . disassemble . or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser
usage . use . launch . develop . or distribute any automated
system . including without limitation . any spider
. robot . cheat utility . scraper . or offline reader that accesses the
Site . or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the
Site . including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited
email . or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
6. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to
create . submit . post . display . transmit
. perform . publish . distribute . or broadcast content and materials to us or on the
Site . including but not limited to text . writings .
video . audio . photographs . graphics .
comments . suggestions . or personal information or other material
(collectively . "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As
Contributions . you thereby represent and warrant that:
distribution . transmission . public display . or
performance . and the accessing . downloading . or copying of your Contributions do not and will not infringe the proprietary
rights . including but not limited to the copyright .
patent . trademark . trade secret . or moral rights of any third party.
- You are the creator and owner of or have the necessary
licenses . rights . consents . releases . and permissions to use and to authorize
- You have the written
- Your Contributions are not
false . inaccurate . or misleading.
- Your Contributions are not unsolicited or unauthorized
advertising . promotional materials . pyramid schemes
. chain letters . spam . mass mailings . or other forms of solicitation.
- Your Contributions are not
obscene . lewd . lascivious . filthy .
violent . harassing . libelous . slanderous
. or otherwise objectionable (as determined by us).
- Your Contributions do not
ridicule . mock . disparage . intimidate . or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable
law . regulation . or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child
pornography . or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to
race . national origin . gender . sexual
preference . or physical handicap.
- Your Contributions do not otherwise
violate . or link to material that violates . any provision of these Terms of
Use . or any applicable law or regulation.
in . among other things . termination or suspension of your rights to use the Site.
You agree that we may
By submitting suggestions or other feedback regarding the
Site . you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. MOBILE APPLICATION LICENSE
We reserve the
who . in our sole discretion . violates the law or these Terms of
Use . including without limitation . reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation . refuse . restrict access to . limit the availability
of . or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation . notice . or liability . to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
USE . WE RESERVE THE RIGHT TO . IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY . DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES) . TO ANY PERSON FOR ANY REASON OR FOR NO REASON . INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME . WITHOUT WARNING . IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason . you are prohibited from registering and creating a new account under your
name . a fake or borrowed name . or the name of any third
party . even if you may be acting on behalf of the third party. In addition to terminating or suspending your
account . we reserve the right to take appropriate legal action
. including without limitation pursuing civil . criminal . and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
change . modify . or remove the contents of the Site at any time or for any reason at our sole discretion without notice.
However . we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any
modification . price change . suspension . or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience
hardware . software . or other problems or need to perform maintenance related to the
Site . resulting in interruptions . delays . or errors. We reserve the right to
change . revise . update . suspend . discontinue
. or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any
corrections . updates . or releases in connection therewith.
These Terms shall be governed by and defined following the laws of __________. __________ and yourself irrevocably consent that the courts of __________ shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
To expedite resolution and control the cost of any
collectively . the"Disputes") brought by either you or us
(individually . a"Party" and collectively . the"Parties")
. the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising out of or in connection with this
contract . including any question regarding its existence .
validity . or termination . shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium . Brussels . Avenue Louise . 146) according to the Rules of this
ICAC . which . as a result of referring to it . is considered as the part of this clause. The number of arbitrators shall be __________. The
seat . or legal place . of arbitration shall be Morocco. The language of the proceedings shall be english. The governing law of the contract shall be the substantive law of Morocco.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by
law . (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or
protect . or concerning the validity of . any of the intellectual property rights of a Party; (b) any Dispute related
to . or arising from . allegations of theft . piracy
. invasion of privacy . or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable . then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction
above . and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical
errors . inaccuracies . or omissions . including
descriptions . pricing . availability . and various other information. We reserve the right to correct any
errors . inaccuracies . or omissions and to change or update the information on the Site at any
time . without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW . WE DISCLAIM ALL WARRANTIES . EXPRESS OR IMPLIED
. IN CONNECTION WITH THE SITE AND YOUR USE THEREOF . INCLUDING
. WITHOUT LIMITATION . THE IMPLIED WARRANTIES OF MERCHANTABILITY
. FITNESS FOR A PARTICULAR PURPOSE . AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS . MISTAKES . OR INACCURACIES OF CONTENT AND MATERIALS
. (2) PERSONAL INJURY OR PROPERTY DAMAGE . OF ANY NATURE
WHATSOEVER . RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE
. (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN . (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE . (5) ANY BUGS . VIRUSES . TROJAN HORSES . OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY . AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED . TRANSMITTED . OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT . ENDORSE . GUARANTEE . OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE . ANY HYPERLINKED WEBSITE . OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING . AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT . YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS . EMPLOYEES . OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT . INDIRECT . CONSEQUENTIAL . EXEMPLARY .
INCIDENTAL . SPECIAL . OR PUNITIVE DAMAGES . INCLUDING LOST
PROFIT . LOST REVENUE . LOSS OF DATA . OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SITE . EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to
defend . indemnify . and hold us harmless . including our
subsidiaries . affiliates . and all of our respective
officers . agents . partners . and employees . from and against any
loss . damage . liability . claim . or demand
. including reasonable attorneys' fees and expenses . made by any third party due to or arising out of: (1) use of the Site;
(4) your violation of the rights of a third
party . including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing . we reserve the right . at your expense . to assume the exclusive defense and control of any matter for which you are required to indemnify
us . and you agree to cooperate . at your expense . with our defense of such claims. We will use reasonable efforts to notify you of any such
claim . action . or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the
Site . as well as data relating to your use of the Site. Although we perform regular routine backups of
data . you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such
data . and you hereby waive any right of action against us arising from any such loss or corruption of such data.
COMMUNICATIONS . TRANSACTIONS . AND SIGNATURES
Visiting the Site
. sending us emails . and completing online forms constitute electronic communications. You consent to receive electronic
communications . and you agree that all agreements . notices
. disclosures . and other communications we provide to you
electronically . via email and on the Site . satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES . CONTRACTS . ORDERS . AND OTHER RECORDS
. AND TO ELECTRONIC DELIVERY OF NOTICES . POLICIES . AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any
statutes . regulations . rules . ordinances . or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records . or to payments or the granting of credits by any means other than electronic means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved . you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market
Blvd. . Suite N 112 . Sacramento . California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the
Site . please contact us at: