LEGAL IMPORTANT
YOU MUST READ THE TERMS AND CONDITIONS OF THIS AGREEMENT WHEN USING THE WEB SITE. BY ACCESSING AND USING THE WEB SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEB SITE.
1. Definitions
"Information" means all material delivered by Epsilon Corporate Finance Limited ("Epsilon") through this web site (the "Web Site"), including market data, interviews, market reports, press releases and so forth. "User" means you, the Web Site end-user. "Contract" means this Web Site agreement.
2. Scope
Epsilon has created the Web Site as a means of facilitating its role as an intermediary for the sale and purchase of small and medium enterprises.
The Web Site can be said to comprise two principal sections. The first section (hereafter, the "Public Area") is available to all Users and includes the homepage and pages accessible through the "Explore and Join" icon ("Credentials", "M&A Market View", etc.). The second section is available only to those Users who are registered as members of Epsilon and is comprised of pages accessible through the "Secure Transaction Area" icon (hereafter, the "Secure Transaction Area").
This Contract applies to both sections of the Web Site. However, Users of the Secure Transaction Area may sign further agreements with Epsilon and this Contract will be read together with such agreements in determining the rights and obligations of the parties.
2. Warranty
THE WEB SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Epsilon MAKES NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE INFORMATION OR THE WEB SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF COMPLETENESS, ACCURACY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. Liability
Except in the cases where French public order rules demand liability, in particular in the event of intentional breach (“dol”) or “very serious” breach (“faute lourde”) of the Contract, Epsilon shall in no circumstance be liable for any loss or damage resulting from or linked to use by the User of the Web Site and/or the Information, and the User agrees to hold harmless Epsilon in this regard. In particular, the User agrees not to launch any legal action against Epsilon for any such damage or loss.
Furthermore, the User will indemnify and hold harmless Epsilon against all claims, liability, damages, costs and expenses, including legal fees, arising out of any use of the Web Site and/or the Information, or out of any breach of this Contract, by the User, brought or threatened by any third party.
4. Rights Granted/Rights Reserved
Epsilon provides the Information available in the Public Area to the User solely for the personal purposes of the User and the User may download the Information onto only one computer hard drive for such purpose. Such Information may not be used for any other purpose (including publication, reproduction, or transmission) without the express prior permission of Epsilon communicated by post, fax or electronic mail.
5. The Web Site
The User acknowledges: (a) that it is technically impossible to provide the Web Site free of faults and that Epsilon does not undertake to do so; (b) that faults may lead to temporary unavailability of the Web Site; and (c) that the operation of the Web Site may be adversely affected by conditions and performances outside Epsilon's control, including without limitation, transmission and telecommunications links between Epsilon and Users, between different parts of Epsilon, and between Epsilon and other systems and networks.
The User thus warrants that it is fully aware of the nature and limitations of the Internet, particularly the fact th