Terms and Conditions

Preamble

1. Internet users who wish to use the www.tori.com website are deemed to have read these website general terms and conditions of use (“terms of use”’).

2. Internet users must read any new version of these terms of use each time they visit this website.

3. These terms of use are neither terms of sale nor a service agreement.

4. They are intended to set forth the rules that must be followed by anyone using the www.tori.com website.

Definitions

5. The terms defined below will have the following meaning between the parties: – “Internet”: a network of networks that allows the exchange of information through a protocol called TCP/IP. Data is transmitted through networks of a different nature that are able to read the messages according to this technical standard. Each element of this network belongs to private or public organizations that operate them in cooperation without necessarily involving a bilateral obligation of quality; – “Internet user”: any person who accesses and implements the features of this website.

Purpose

6. The purpose of this document is to set forth the terms and conditions of use applicable to the website accessible at www.tori.com and of all the pages of the website.

Effective date – Term

7. These terms of use are effective upon posting and will be binding upon and enforceable against Internet users upon their first use of the website.

8. These terms of use will remain in effect throughout the time period during which the website is used, unless and until replaced by new terms of use.

9. Internet users may stop using the website at any time but will remain liable for any prior use.

Access to website

10. Access to the website is free.

11. The website is accessible 24/7.

12. AMI (ADVANCED MAGNETIC INTERACTION) strives to provide quality access and to enable Internet users to use the communication means made available to them in the best conditions.

13. AMI (ADVANCED MAGNETIC INTERACTION) will make its best efforts to enable access and use of the website in accordance with the state of the art, but due to the nature and complexity of the internet network, and in particular its technical performances and response times for consulting, searching or transferring data, AMI cannot guarantee that the website will be accessible or available at all times.

14. However, AMI reserves the right, without notice or compensation, to temporarily or permanently close the website or the access to one or more remote services in order to perform operations such as update, maintenance, modifications or changes to the operational measures, servers and hours of access.

15. AMI will not liable for damage of any kind that may result from these changes or from the temporary unavailability or permanent closure of all or part of the website or one or more of its services.

16. AMI reserves the right to enhance or modify the website or the services available thereon at any time according to technological developments.

17. Internet users must ensure that their computer and transmission means are capable of following the technological developments of the website.

Advertising and promotional messages on website

18. AMI reserves the right to broadcast, free of charge or for a fee, advertising or promotional messages on their website.

Hyperlinks

19. AMI reserves the right to place hyperlinks on their website giving access to web pages other than those of their website over which AMI has no control.

20. AMI accepts no responsibility for the conditions of access to these website and the content of the information provided on these websites via the activation of hyperlinks.

21. The Internet user who has a personal website and wishes to place, for personal use, on his or her website a simple link directly to the home page of the website www.tori.com of AMI, must obtain the express authorization of AMI to place this link.

22. Under no circumstances may this authorization be deemed as an implicit affiliation agreement.

23. In any case, hyperlinks to the website www.tori.com of AMI must be removed upon first request.

Data protection

24. In accordance with Regulation 2016/679 of 27 April 2016 on data protection and the French Act No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, as amended, Internet users are informed that AMI carries out processing of personal data concerning them.

25. The rights of the data subjects, including personal data, are specified in the Privacy Policy, which can be accessed at the address.

Liability
General liability

26. AMI cannot be responsible for: – the quality of the website, as the website is offered “as is;” – disturbance in the use of the website; – the impossibility to use the website; – computer security breaches, which can damage the computer equipment and data of the Internet users; – infringement of Internet user rights in general.

Liability for information on website

27. AMI cannot be held liable for any direct or indirect damage that may result from access to or use of the website or the information contained therein, whatever its nature.

28. AMI makes its best efforts to provide up-to-date information on its website. All the information made available to people accessing the website has been selected on a specific date.

29. The information on the website reflects an opinion at the time of its creation and not at the time of consultation of the website. It may require an update that may not have been made at the time of its consultation for technical or other reasons.

30. AMI shall not be liable for any errors or omissions. Any update, new service or new feature that improves or enhances one or more existing information contents will be subject to these terms of use.

31. AMI does not accept any liability concerning the relevance and implementation of the decisions taken by Internet users solely on the basis of the information posted on the website.

Liability of Internet users

32. Internet users undertake to use the website and all the information to which they may have access exclusively for personal purposes and in strict compliance with public policy, morality and third party rights.

33. Internet users must not interfere with the use of the website by other Internet users.

Intellectual property

34. The website’s content, the general structure and software, texts, images (still or animated), pictures, know-how and all other elements composing the website are the exclusive property of AMI or its third party licensors.

35. Nothing in these terms of use is intended to transfer any intellectual property rights of any kind in the elements owned by AMI or rights holders to the Internet users, such as sounds, pictures, images, literary texts, artistic works, software, trademarks, graphic charters, logos.

36. In particular, Internet users shall not amend, copy, reproduce, download, disseminate, transmit, commercially exploit and/or distribute in any way whatsoever the services, the pages of the website, or the computer codes of the elements composing the services and the website.

37. Any total or partial reproduction and/or performance of any of these elements without the express permission of AMI is forbidden and could result in civil and criminal penalties for infringement.

38. Accordingly, Internet users must not act or conduct in any manner that may directly or indirectly infringe the intellectual property rights of AMI.

39. The same applies to any databases on the website, which are protected by the articles of the French Intellectual Property Code.

40. Distinctive signs of AMI and its partners, such as domain names, trademarks, names and logos appearing on the website are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from the elements of the website without express authorization of AMI is therefore prohibited, within the meaning of the French Intellectual Property Code.

41. The website may only be used in accordance with its intended purpose.

42. Any other uses without the express prior written permission of AMI are prohibited and shall constitute infringement.

Waiver

43. The parties mutually agree that any tolerance of a situation by one party shall not grant the other party any rights in that respect.

44. Moreover, such a tolerance shall not be construed as a waiver of the rights in question.

Headings

45. In the case of a difficulty of interpretation arising out of a contradiction between any of the headings of the clauses of the terms of use and the content of any of the clauses, the headings shall be deemed to be non-existent.

Severability

46. If one or several provisions of these terms of use were to be held invalid or so declared by a law, a regulation or a final decision having res judicata effect rendered by a court having proper jurisdiction, the other provisions shall remain in full force and effect.

Entire agreement

47. These terms of use cancel and supersede all quasi-contracts, implicit and explicit commitments, promises having the same purpose as the purpose hereof.

48. However, this clause is not intended to prevent the use of the said documents but to evaluate legally the quality of the consents exchanged during the formation of this agreement.

Governing law

49. These terms of use are subject to French law.

50. French law shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations.

Jurisdiction

51. WHEN THE WEBSITE IS USED BY CUSTOMERS ACTING AS TRADERS, ALL DISPUTES OF A CONTRACTUAL OR NON-CONTRACTUAL NATURE ARISING OUT OF OR IN CONNECTION WITH ALL CONTRACTUAL RELATIONSHIPS SHALL BE SUBMITTED TO THE COMMERCIAL COURT OF LYON (TRIBUNAL DE COMMERCE DE LYON), EVEN IN CASE OF MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS.