Terms and Conditions of Use - NFALAW, avocats en Droit de la Propriété Intellectuelle et en Droit du Sport

Welcome to the website www.nfalaw.com.

We invite you to carefully read these Terms and Conditions of Use as well as our Personal Data Protection Policy to browse our website. The use of the services of our site implies the prior, full, and complete acceptance of these Terms and Conditions of Use and of our Personal Data Protection Policy, which you acknowledge having read and understood.

If these Terms and Conditions of Use are presented in multiple languages, we hereby expressly state that the French version is the legally binding version in case there are any difficulties of interpretation and/or application of the provisions of these General Conditions and the Order. The applicable language for the Terms and Conditions of Use is French.

PREAMBLE

These Terms and Conditions of Use (the “Terms and Conditions”) are concluded between SCP NFALAW (“NFA”, “we” or “us”) and any person (“you”) visiting and/or using, in any capacity whatsoever, the website www.nfalaw.com (the “Site”). For purposes of these Terms and Conditions, it is agreed that you and NFA will be referred to collectively as the “Parties” and individually as the “Party”.

ARTICLE 1 SUBJECT – ENFORCEABILITY

1.1 The purpose of the Terms and Conditions is to set out the rules for using the Site. Thus, you undertake, during each of your visits to the Site, to respect the Terms and Conditions, which apply to all the services available on the Site. As such, you agree to all the Terms and Conditions before any use of the Site.

1.2 NFA is free to modify the Terms and Conditions at any time to adapt them to changes in the Site and/or legislation. The new Terms and Conditions are applicable as soon as they are put online on the Site. You are therefore advised to refer, regularly, to the latest version of the Terms and Conditions, which are always available on the Site. In the case that you disagree with the Terms and Conditions in force, you are advised to refrain from using the Site.

1.3 Any condition in contradiction with the Terms and Conditions, requested by you and not accepted by NFA shall not be binding on us.

1.4 The fact that one of the Parties does not avail itself at a given time of any one of the clauses of the Terms and Conditions may in no way be interpreted as a waiver of the Party’s right to avail itself of any of the said clauses at a later date.

ARTICLE 2 ACCESS AND USE OF THE SITE

2.1 The equipment (computers, telephones, software, telecommunications service, etc.) allowing access to the Site are at your sole expense, as are the telecommunications costs incurred by their use.

2.2 You agree not to infringe upon NFA’s rights, and you agree in particular to :

refrain from copying and/or reproducing all or part of the Site, specifically on another site, another application or an internal company network;
refrain from reproducing, reusing, summarizing, altering, modifying, moving, extracting, replacing, storing, rebroadcasting, representing or retaining, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or part of the information and/or reproductions (illustrations, photos, etc.) appearing on the Site and/or the name, logo(s) and trademarks of NFA or any third party;
implement adequate control systems in line with technological developments to prevent any “hacking” of the Site and in particular, to prevent the illicit use or use that is in breach of the Terms and Conditions of all or part of the information and reproductions appearing on the Site in any way and any form whatsoever;
inform NFA as soon as you become aware of any “hacking” and in particular of any illicit or non-contractual use of all or part of the Site, regardless of the means of distribution used.

2.3 You must not use any device, software, or programs that may interfere or attempt to interfere with the proper working of the Site. More generally, you undertake, each time you use the Site, to behave in a normal and reasonable manner and not to interfere in any way whatsoever with its proper operation. In particular, you undertake to :

refrain from disturbing, slowing down, blocking or altering the normal flow of data exchanged in the context of the use of the Site;
refrain from increasing the scrolling rate of the contents of the Site in such a way that its operation is modified or altered;
refrain from committing any other action having an equivalent disruptive effect on the functionalities of the Site;
refrain from fraudulently accessing, maintaining, hindering, or disrupting the Site’s access systems.

ARTICLE 3 CONTACT

NFA is at your disposal for any questions relating to its services and/or the Site. You can contact us :

by phone: +33 (0)1 53 83 11 11
by e-mail: office@nfalaw.com
by mail: NFALAW – 155 boulevard Haussmann 75008 Paris, France

ARTICLE 4 PERSONAL DATA – COOKIES

You are invited to refer to the “Confidentiality” section of the Site to obtain all the necessary information concerning the processing of your data and our cookie policy.

ARTICLE 5 LIABILITY

NFA undertakes to do its best to secure access, consultation, and use of the Site in accordance with the rules of Internet usage. However, we cannot guarantee that the Site will be free of anomalies, viruses, errors or bugs, nor that these can be corrected, nor that the Site will function without interruption or breakdown, nor that it will be compatible with any particular computer hardware or configuration. The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond NFA’s control and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Site. Maintenance work can be carried out without prior notice. You declare that you accept the characteristics and limitations of the Internet, in particular, its technical performance, response times for consulting, querying or transferring data, and the risks related to the security of communications. In this regard, you acknowledge that:

your use of the Site is at your own risk and peril; the Site and its contents being accessible to you “as is” and according to its availability;
you are responsible for any damage suffered by your terminals and/or any loss of data resulting from downloading or consulting the Site;
it is, therefore, your responsibility to take all appropriate measures to protect your data and/or software from contamination by any viruses circulating through the Site;
no advice or information, whether oral or written, obtained from NFA or through the use of the Site shall create any warranty not expressly stated in the Terms and Conditions;
you are solely responsible for your use of the Site;
the communication of your access codes or in a general way of any information considered confidential is made under your responsibility;
it is your responsibility to take all necessary measures to ensure that the technical characteristics of your equipment allow you to consult the Site.

ARTICLE 6 FORCE MAJEURE

Neither Party shall have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by a case of force majeure as defined by Article 1218 of the French Civil Code.

ARTICLE 7 INTELLECTUAL PROPERTY

7.1 All trademarks, logos, other distinctive signs, visuals, photos, texts, comments, illustrations, drawings, and images reproduced on the Site are subject to copyright and intellectual property rights. Any total or partial reproduction of these elements and the Site is therefore strictly prohibited without the prior written consent of NFA.

7.2 You agree not to use the content of the Site and any information brought to your attention in a manner that may infringe NFA’s rights and that they will not be used in any forgery or an act of unfair competition.

ARTICLE 8 APPLICABLE LAW – JURISDICTION

8.1 THE TERMS AND CONDITIONS OF USE ARE SUBJECT IN ALL RESPECTS TO FRENCH LAW.

8.2 In accordance with the provisions of Articles L.612-1 et seq. of the French Consumer Code, NFALAW’s clients are informed that, if they are consumers, they have the possibility of appealing free of charge to the Consumer Mediator of the Lawyer Profession. (180, boulevard Haussmann – 75008 Paris; mediateur-conso@mediateur-consommation-avocat.fr) under the conditions set out on the website accessible at the following address: www.mediateur-consommation-avocat.fr. NFALAW’s clients are informed that referral to the mediator can then only take place after having previously tried to resolve the dispute directly with the Cabinet by sending a written complaint.

8.3 ANY DISPUTE THAT MAY ARISE FROM THE INTERPRETATION AND EXECUTION OF THE GENERAL TERMS AND CONDITIONS, AS WELL AS ALL ACTS AND AGREEMENTS THAT MAY RESULT FROM THEM OR AS A CONSEQUENCE THEREOF SHALL BE SUBMITTED TO THE COMPETENT FRENCH COURTS.