Les Roches Alumni Platform - Terms of Use
PLEASE READ THE FOLLOWING CAREFULLY
If you are under 18 years of age, please be sure to read this agreement with your parents or guardian and ask questions about things you do not understand.
Please note that the usage terms, purchase terms and/or privacy policies of other Les Roches and third-party products and Platforms linked to or from this platform may vary from the terms herein so please make sure to check the terms and policies applicable to such other products and Platforms prior to use.
By accessing or using the Les Roches Alumni Platform (“Platform”), you agree to comply with and be bound by the following Terms of Use. You agree to use the Platform in a manner consistent with all applicable laws and regulations and in accordance with the terms of use. Do not use this Platform if at any time you do not agree with any part of the Terms of use.
“Les Roches” means Gesthôtel Sàrl and its subsidiaries and affiliates (together "Les Roches”) a company duly registered in Switzerland with it seat at Rue de Bluche, Rte des Moulinettes 2, 3975 Crans-Montana. ") and they are providing you this platform and its related applications and platforms (collectively, "Platform"). The Platform may be delivered to you through the Internet via your browser or app (mobile or otherwise).[AP1]
Your use of the Platform is subject to all terms and policies posted on this site or the legal information section of the app (including the Privacy Statement; collectively referred to as the "Terms of Use").
It is important to us that the Platform provides you with a helpful and reliable experience. To protect our rights and yours, we have prepared the Terms of Use that apply to all users of the Platform. If you have any questions concerning the Terms of Use, please Contact Us.
Privacy
Les Roches is concerned about the safety and privacy of all users of the Platform. Please read our Privacy Statement, which is an important part of the Terms of Use.
Your personal data will be processed in accordance with the [Les Roches Privacy Notice] (link).
Data may be processed to maintain accurate alumni contact details, including updates from publicly available sources, in our legitimate interest.
For more details on your rights under EU GDPR and Swiss data protection law, please refer to our Privacy Notice.
Changes in Terms of Use
Les Roches has the right to change or modify the Terms of Use at any time, including the Privacy Statement applicable to your use of the Platform. Such changes or modifications shall be effective immediately upon notice, which may be given by means including, but not limited to, posting within the Platform, or by electronic or conventional mail, messaging, or by any other means by which you may obtain notice. Any use of the Platform by you subsequent to such notice shall be deemed to constitute your acceptance of such changes or modifications.
User License
You are granted a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use thePlatformfor non-commercial, personal use only. You may not adapt, download, revise, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute any content or other material on the Platform, unless specifically authorized by Les Roches or this Terms of Use.
Under no circumstances may a user of the Platform (i) frame or utilize framing techniques to enclose any part of the Platform; (ii) gather, obtain, use, access or otherwise copy any part of the Platform by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; (iii) use the Platformor any features available on the Platform in any manner with the intent to interrupt, damage, disable, overburden or impair the Platform or such Platforms; or (iv) engage in any activity that interferes with another user's access, use or enjoyment of this Platform.
Use of the Platform for any purpose other than as contemplated in the Terms of Use is a violation of Les Roches 's and/or its licensors' copyright and proprietary rights. Neither Les Roches nor its licensors guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. All rights not expressly granted herein are reserved by Les Roches.
Certain features of this Platform may be provided by third parties and the use of such features may be conditioned upon your agreement to such third parties' terms of use and privacy policies. You understand that the Terms of Use applies only to the parts of the Platform that reside on Les Roches’s (or its Platform provider's) servers and not to those that reside on third-party servers not controlled by Les Roches.
Representation and Warranty
As a condition of your use of the Platform, you warrant to Les Roches that you will not use the Platform for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on the Platform.
Uploads
To the extent that the Platform may provide you with an opportunity to upload material ("Uploads"), BE ADVISED THAT Les Roches HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH UPLOADS PRIOR TO THEIR APPEARANCE ON THE PLATFORM, and Uploads do not necessarily reflect the views of Les Roches. To the fullest extent permitted by applicable laws, in no event shall Les Roches have any responsibility or liability for the Uploads (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on the Platform. Please keep in mind that Uploads may be discoverable by, and viewable to, other users of the Platform. Les Roches reserves the right to monitor the Uploads and to remove anything which it considers in its absolute discretion to be offensive, ineffective or otherwise in breach of the Terms of Use or for any other reason as Les Roches deems necessary.
You hereby represent and warrant that your Uploads shall not contain any viruses or other contaminating or destructive devices or features; that your Uploads will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Uploads will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. You further represent and warrant that you have all necessary rights in and to the Uploads to be used in connection with the Platform and that your Uploads will not infringe any intellectual, proprietary or other rights of third parties.
BY SUBMITTING AN UPLOAD, YOU GRANT Les Roches THE ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE RIGHT AND LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, PERFORM, TRANSLATE AND DISTRIBUTE SUCH UPLOAD (IN WHOLE OR IN PART) WORLDWIDE AND/OR TO INCORPORATE IT IN OTHER WORKS IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED FOR THE FULL TERM OF ANY COPYRIGHT THAT MAY EXIST IN SUCH UPLOAD.
Termination
Les Roches reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, the Platform or any part thereof or terminate any user's access to the Platform or any part thereof. Les Roches may also modify, delete or adapt the Platform at any time without any notice or obligation to the user at Les Roches' sole discretion. Your right to use and otherwise access the Platform is automatically terminated if you violate the Terms of Use. You agree that Les Roches will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform, or any part thereof. Upon termination for any reason, you must cease all access to the Platform. All provisions of the Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Les Roches 's ownership rights and your representations and indemnities shall survive termination.
Links to and from Other Websites
You may have linked to the Platform from a third-party website and the Platform may provide links to other third-party websites or resources (collectively, "3P Sites"). Because we do not control such 3P Sites you acknowledge and agree that Les Roches is not responsible or liable for the content, products or performance of those 3P Sites, and you hereby irrevocably waive any claim against Les Roches with respect to such sites. Les Roches reserves the right to terminate any link at any time without notice. The inclusion of a link to such 3P Sites does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Les Roches of that 3P Site, or any products or Platforms provided therein. The information practices of those 3P Sites are not covered by the Terms of Use or any other policies or terms applicable to the Platform. We recommend that you review any terms of use and privacy policy of those 3P Sites linked to the Platform before providing any information to those websites or using their products and Platforms.
Please note that the Platform may also provide links to other sites brought to you by Sommet Education. The privacy statement and terms of use of other Les Roches sites may vary from the Terms of Use. Please review the privacy statements, terms of use and other policies or terms that may apply to other Les Roches sites prior to your use of such sites.
Copyright and Trademark Notices
The entire content of the Platform and any supporting software are the proprietary property of Les Roches and/or its licensors and are protected international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Platform without the express written consent of Les Roches and/or its licensors is strictly prohibited.
Unless otherwise indicated, trademarks that appear on this Platform are trademarks of Les Roches or its affiliates. All other trademarks not owned by Les Roches or its affiliates that appear in the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Les Roches or its affiliates. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Les Roches.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY LES ROCHES OR ITS LICENSORS AND Les Roches AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(b) NEITHER Les Roches NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE PLATFORM WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, PLATFORMS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED; AND
(c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER Les Roches NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE PLATFORM, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE PLATFORM.
Limitation of Liability
IN NO EVENT SHALL Les Roches OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORMS RESULTING FROM ANY GOODS, DATA, INFORMATION OR PLATFORMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations above may not apply to you.
Indemnification
You agree to indemnify and hold Les Roches and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys' fees and expenses, made against Les Roches by any third party due to or arising out of your use of the Platform, your connection to the Platform, your breach of any representation, warranty or obligation, your violation of this Terms of Use, or your violation of any rights of another user.
Submissions
Les Roches always welcomes suggestions and comments regarding the Platform. Any comments or suggestions submitted to the Platform or Les Roches either online or offline, will become Les Roches 's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Les Roches might seem to others to be similar to their own submissions or comments.
Digital Millennium Copyright Act Compliance
If you have any copyright concerns about any materials posted on the Platform by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet Platform providers (17 U.S.C. Code 512). Unless otherwise stated in any specific DMCA designation provided by Les Roches please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:
DMCA Designated Agent Your Corp Education,Inc.
200 Old Tappan Road
Old Tappan,NJ 07675
Facsimile: (201)785-2721
To be effective, the Notice must include the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit Les Roches to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Platform ("Infringing Material"), and information reasonably sufficient to permit Les Roches to locate such material on the Platform;
Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works on the Platform are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing 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 Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
General Information; Governing Law
The Terms of Use constitute the entire agreement between you and Les Roches, govern your use of the Platform, and supersede any prior agreements between you and [COMPANY NAME] concerning the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliated Platforms, third-party content or third-party software. The Terms of Use and the relationship between you and Les Roches will be governed by the laws of Switzerland without regard to its conflict of law provisions. You and Sommet Education agree to submit to the personal and exclusive jurisdiction of the courts of the Canton of Vaud, Switzerland. The failure of Les Roches to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Ownership
This Platform is owned and operated by Les Roches and the contents of this Platform are protected by copyright of Les Roches and/or its licensors.
Violations
Please report any violations of the Terms of Use by contacting us.
[AP1]Relevant?