Terms of Use

TERMS OF USE OF THE CUATRECASAS ACELERA WEBSITE

1. INTRODUCTION

Cuatrecasas, Gonçalves Pereira, S.L.P. is a Spanish trading company with registered office at Avenida Diagonal 191, 08018 Barcelona, Spain, holder of tax identification/VAT number ESB59942110, and registered in the commercial registry of Madrid, volume 40,693, page 168, sheet B-23.850.

The law firm is comprised of several companies in the countries where its offices are located, with headquarters at Avenida Diagonal 191, Barcelona, Spain; and Praça Marquês de Pombal 2 (1, 8º), Lisbon, Portugal, and offices in other countries (see www.cuatrecasas.com) (jointly referred to as “Cuatrecasas”).

Cuatrecasas holds all intellectual property rights and other rights to the Cuatrecasas website (the “Website”). Users’ (the “User” or “Users”) access to and use of the Website is subject to these terms of use (“Terms of Use”) and will be supplemented with any other legal texts regulating any functionality, service, process, application, platform, or means required to use the Website, or that are related to it.

Please read the Terms of Use carefully. Accessing the Website and using the materials in it indicates that you have read and accept without reservation these Terms of Use. Any User that disagrees with all or part of them should not use the Website.

2. PURPOSE

The Website contains materials prepared by Cuatrecasas only for informative purposes. Users should keep in mind that these materials might not reflect the latest issues examined. Cuatrecasas also reserves the right to change, expand, or reduce the materials offered through the Website at any time, notifying Users.

The materials on the Website cannot be used to replace legal or other advice. Access to these materials is not intended to and does not imply any lawyer-client relationship, or any other professional relationship or relationship of trust between Cuatrecasas and the Website User. Therefore, the User should not act on the basis of the information in those materials without first seeking professional advice. The User should not send Cuatrecasas any confidential information without discussing it with our lawyers and obtaining permission to send that information.

Without prejudice to the above, Cuatrecasas grants Users a non-exclusive license, which cannot be sub-licensed or transferred, to use the Website and its respective functionalities, content, and other features, which are subject to the remaining provisions in these Terms of Use, to any other terms of use, and the applicable law.

3. USER COMMITMENTS

The User agrees to (i) fulfill these Terms of Use, (ii) comply with the special warnings or instructions for use specified in them, and (iii) act according to the law in force, morality, best practices, and the requirements of good faith and public order. The User will apply due diligence and not use the Website in any way that could prevent, damage, or impair its proper operation or that of the assets or rights of Cuatrecasas, other Users, or any third party.

Specifically, and without this restricting the previous section, the User agrees to fulfill the following commitments:

a) To provide true information about the data requested in the forms provided by Cuatrecasas to access certain content or services offered through the Website and to keep it updated. Cuatrecasas reserves the right, without prejudice to other legal measures available, to withdraw, deny, or suspend access to the Website if the data provided is or could be false, inaccurate, or misleading. The User is fully liable for (i) any data or content transferred or communicated to Cuatrecasas, and (ii) any harm or loss derived from its improper use.

b) Not to enter, store, or disseminate through the Website any program, data, virus, code, or any other electronic or physical device that could harm it or any of the services, equipment, systems or networks of Cuatrecasas, another User, or a third party.

c) Not to change, copy, download, modify, decompile, disassemble, reverse-engineer, grant licenses, lease, sell, or imitate the Website, its content, or its system software.

d) Not to enter, store, or disseminate any content that breaches third-party intellectual or industrial property rights or trade secrets, or any content the User is not legally entitled to make available to third parties.

4. CLAIMS AND LIABILITY

Cuatrecasas is not liable for (i) harm deriving from interference, omission, interruptions, computer viruses, malfunction, or disconnection in the operation of Users’ electronic system or IT devices and equipment, due to causes beyond Cuatrecasas’s control, which prevent or delay navigation through the Website; (ii) delays or blocked use caused by problems or overloads on the internet or in other electronic systems; or (iii) the impossibility of providing the service or allowing access for reasons beyond Cuatrecasas’s control, caused by the User, third parties, or unforeseeable circumstances.

However, Cuatrecasas declares that it has taken and will take, if necessary, all the measures required, based on its capability and the state of technology, to guarantee proper operation of the Website and avoid the presence and transfer of viruses and other harmful elements affecting Users.

Cuatrecasas reserves the right to interrupt access to the Website, without giving notice, for technical, security, control or maintenance reasons, due to a failure in power supply, or for any other reason. Cuatrecasas does not routinely monitor Users’ use of the Website.

Cuatrecasas is not liable for Users’ use of the content of the Website that might entail a breach of any national or international regulations, intellectual or industrial property rights, or any other third-party rights.

Cuatrecasas is not liable for any errors or omissions in the content of the Website or other content that can be accessed through it. Nor is Cuatrecasas liable for any harm derived from using the Website, or for any action carried out based on the information provided in it.

Cuatrecasas does not guarantee the absence of viruses or other damaging elements that could harm or alter the IT system, electronic documents, or files of the Website. Therefore, Cuatrecasas is not liable for any harm or loss those elements might cause the User or third parties.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

Cuatrecasas is the exclusive owner of all intellectual and industrial property rights, and all the information on the Website (including information, texts, data, images, graphics, designs, source code, software, trademarks, navigation structures, databases, and any other content).

Cuatrecasas grants Users a non-exclusive, non-licensable, non-transferable license to use the Website in its current version, which is subject to the other terms in these Terms of Use, as well as any other terms of use and applicable law. Users are authorized to view and obtain a temporary private copy of the content for personal and private use on their IT systems (software and hardware), but they are not authorized to later transfer them to third parties. With the exceptions above, the User must not fully or partially modify or reproduce this information without Cuatrecasas’s written permission.

These Terms of Use do not grant intellectual or industrial property rights, such as copyright, trademarks, designs, or other rights, over the Website or over any of its elements, except for the limited license for use granted to Users to use the Website under the conditions established in these terms.

Users must not reproduce, transfer, transform, distribute, publicly disclose, make available, extract, reuse, exploit, or use in any way, by any means or procedure, any of them, unless it is allowed by law or with Cuatrecasas’s written permission.

Users grant Cuatrecasas a non-exclusive, unlimited, entire, transferable, free, and sub-licensable right over any non-personal data or data from which personal references have been removed (anonymized data).

6. DATA PROTECTION

Cuatrecasas will protect Users’ personal data and will only use it to the extent permitted by law or with Users’ consent. Users can find more information on this in the Privacy Policy.

7. THIRD-PARTY LINKS

These Terms of Use apply only to Cuatrecasas’s Website and not to third-party links, websites or applications accessed through it, or any other third-party service. Cuatrecasas cannot control the information, content, products or services provided by third parties that have established links to the Website, and access to them through the Website does not imply that Cuatrecasas recommends or approves of the content of these third-party websites.

Consequently, Cuatrecasas will not take on any liability deriving from them. If other IT networks or resources are accessed, the User agrees to comply with the provisions in the relevant privacy policies and terms of use.

Cuatrecasas offers Users these links, information and services only for the User’s benefit, and the User is responsible for reading and accepting the terms of use and privacy policies published on those websites or related applications. Their inclusion on the Website does not imply that Cuatrecasas approves of the linked website.

Cuatrecasas declares that it will immediately remove any link when the content it leads to may breach national or international law, or go against morality or public order.

8. CHANGES TO THE TERMS OF USE

Cuatrecasas reserves the right to change or update these Terms of Use at any time, as well as any information that appears on the Website.

9. COMMUNICATION

For the purposes of these Terms of Use, any communication required between the User and Cuatrecasas must be sent to comunicacion@cuatrecasas.com.

10. NOTICE OF INCIDENTS AND POTENTIAL INFRINGEMENTS

Cuatrecasas respects third-party rights and the applicable law. Users of the Website are also obliged to do so.

If any technical incidences occur on the Website, or if any errors, inaccuracies, or unlawful content are found in any sections, contact barcelona@cuatrecasas.com o madrid@cuatrecasas.com

11. SEVERABILITY AND INTEGRATION OF CLAUSES

The unlawfulness, invalidity or non-effectiveness of any of the clauses of these Terms of Use will not affect the validity of the other provisions, provided the rights and obligations of the parties deriving from the Terms of Use are not affected in an essential manner. “Essential” refers to any situation that seriously damages either party’s interests, or affects the purpose of the Terms of Use. These clauses must be replaced with or integrated into others that comply with the law and fulfill the purpose of the replaced clauses. The parties waive any claim for harm and loss that may be filed in this scenario.

12. APPLICABLE LEGISLATION AND JURISDICTION

Access to the Website entails the User’s acceptance of the provisions in these Terms of Use. If you disagree with these Terms of Use, please do not view or use the Website. Any dispute arising from them will be governed by Spanish law, and the parties waive their rights to any jurisdiction they might be entitled to, and submit to the jurisdiction of the courts of the city of Barcelona (Spain).

© Cuatrecasas, Gonçalves Pereira, S.L.P. 2018. Total or partial reproduction is forbidden. All rights reserved.