WEBSITE TERMS AND CONDITIONS OF USE

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms") BEFORE USING THIS WEBSITE. The site (“Website”) is made available by RS Consulting & Coaching GmbH (“Company”). All content, information and materials provided on and through the Website (“Content”) may be used solely under the following terms and conditions (“Terms”). By using Website, all visitors, referred to as “User”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to RS Consulting & Coaching GmbH (“Company”). By continuing to access or use this Website, or any Content on this Website, you signify your acceptance of the Terms. From time to time, Company may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using this Website. Your use of this Website, or any Content on this Website, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. If, at any time, you do not wish to accept the Terms, you should immediately discontinue your use of this Website.

 

User Agreement to Terms and Conditions of Use

You represent that you have read and agree to be bound by the Terms. You further agree: (A) to comply with applicable Swiss federal, canton, local, and foreign laws and regulations regarding the transmission of any data or Content obtained from the Website (as defined herein) in accordance with the Terms; (B) not to use the Website or Content for illegal or unlawful purposes; (C) not to interfere or disrupt networks connected to the Website; and (D) not to post on the Website anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Website (this includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges). Failure to comply with the Terms may cause you to be removed from the Website.

 

Intellectual Property

The Website and Content contain intellectual property owned by the Company, including, without limitation, patents, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, video, audio and other files, and the selection and arrangement thereof. All Content, unless otherwise indicated, is protected by law including, but not limited to, Swiss copyright, trade secret, patent and trademark law, as well as other national and international laws and regulations. The Website is also protected as a collective work or compilation under Swiss copyright and other laws and treaties. All individual articles, columns and other elements making up the Website are also copyrighted works.

 

You may not use in any format whatsoever any of the Website or Content or intellectual property, in whole or in part without our prior written consent. The Company does not grant any express or implied rights to you under any patent, copyright, trademark or trade secret information. Accordingly, any unauthorized use of the Website or the Content may violate copyright laws, trademark laws, patent laws, trade secret laws, or laws relating to privacy and publicity. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Website. Any infringement will result in legal action taken on behalf of the Company.

 

Limitations on Use

You may not use the Website for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Website solely for the use and benefit of you and your own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You may not copy, reproduce, decompile, reverse-engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Website or the Content. You agree to notify Company in writing promptly upon becoming aware of any unauthorized access or use of the Website by any party or of any claim that the Website infringes upon any copyright, trademark or other contractual, statutory or common law rights.

 

Not Professional Advice

The Website and the Content do not constitute accounting, broking, consulting, investment, legal, tax or any other type of professional or personal advice, and should not be relied upon as such. The accuracy, completeness, adequacy or currency of the Website or the Content is not warranted or guaranteed.

 

LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR THE CONTENT. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.

 

ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (B) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; (C) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY; (D) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (E) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (F) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF; (G) YOUR USE OF THIS WEBSITE; OR (H) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

 

TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, THE COMPANY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO CHF 100.

 

Registration

In order to use the Website and access certain Content, you may be required to register and/or provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others. It is your responsibility to inform the Company of any changes to that information. You agree that you are fully responsible for maintaining the confidentiality of your account name and password and that you will be responsible for any breach of this obligation, including any damages which flow from, or are connected to, such breach, without limitation. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You also agree to contact Company immediately if you have any reason to believe that your password has been compromised. The Company reserves the right to refuse registrations or subscriptions.

 

Errors and Corrections

The Company does not represent or warrant that the Website or Content will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Company does not warrant or represent that the Content and any information available on or through the Website will be correct, accurate, timely or otherwise reliable. The Company may make changes to the Content or the Website at any time.

 

Third-Party content

The Website and the Content may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. Unless otherwise stated, these Terms only cover the use of this Website. Any other link will be covered by the terms and conditions of that specific website. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Indemnification

You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms, or any use by you of the Website or the Content. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You agree to pay any and all costs, damages and expenses (including reasonable attorneys’ fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding. You shall not settle any third-party claim or waive any defense without our prior written consent.

 

Unlawful Activity

The Company reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate.

 

Governing Law and Jurisdiction

These Terms have been made in shall be construed in accordance with, and governed by, the laws of the Canton of Zurich and the federal laws of Switzerland applicable therein, without regard to the conflict of law provisions thereof. You and the Company explicitly agree that all disputes, claims and other matters arising from or relating to your use of the Website or the Content will be governed by the laws of the Canton of Zurich and the federal laws of Switzerland applicable therein. The United Nations Convention of Contracts for the International Sale of Goods does not apply to these Terms.

 

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether present or future) involving Company and arising out of or relating to (A) these Terms; (B) the Website or the Content; (C) oral or written statements, advertisements or promotions relating to these Terms or to the Website or the Content; or (D) the relationships that result from these Terms or the Website or the Content (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Canton of Zurich.

 

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Zurich, Switzerland. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

 

If you choose to access the Website or the Content from locations other than Switzerland, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the Company and any of its parents, subsidiaries, affiliates or otherwise for your failure to comply with any such laws.

 

Privacy

Your use of the Website is subject to RS Consulting & Coaching GmbH’s Privacy and Cookie Policy, which is available on the Website.

 

Severability of Provisions

These Terms incorporate by reference any notices contained on the Website, the Content and the Privacy Policy. These terms constitute the entire agreement between you and the Company with respect to access to, and use of, the Website and the Content. If any provision of these Terms is unlawful, void or unenforceable, or conflicts with any other provision of the Terms, then the unlawful, void, unenforceable or conflicting provision shall be deemed severable from the remaining provisions and shall not affect their legality, validity and enforceability.

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