Terms and Conditions of Use

These terms and conditions of use (“Agreement”) set forth the general terms and conditions of your use of the www. fractalmax.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and fractalmax.com “Laurence Zimmermann, FractalMax®”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Laurence Zimmermann, FractalMax®, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

We do not own any data, information, or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.  Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.  We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Blog or other parts of the Hub: The content is either assisted by AI technology or generated by AI, and further complemented by my own writing to ensure the highest value for my readers. This approach, blending AI with my own writing, allows me to provide unique and insightful information, offering a distinctive perspective that leverages the best of technology and human insight.

If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Laurence Zimmermann, FractalMax® with respect to such other services. Laurence Zimmermann, FractalMax® is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Laurence Zimmermann, FractalMax® to disclose your data as necessary to facilitate the use or enablement of such other service.

We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Laurence Zimmermann, FractalMax® will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Public Comments - General: Laurence Zimmermann, FractalMax®, operating under fractalmax.com, provides users the opportunity to post comments on online courses and other related pages. By submitting a comment, users commit to following the guidelines described here. It's essential to understand that the Syndicate technology has been created by a third party. Each member of the Syndicate Group (Laurence Zimmermann, FractalMax® is a part of this group) operates their business independently and is not affiliated with, controlled by, or associated with Laurence Zimmermann, FractalMax®, or fractalmax.com. Laurence Zimmermann, FractalMax® involvement in the Syndicate Group is strictly collaborative, and we have no authority or influence over the activities or decisions of other syndicate members or third parties.

Moderation of Comments on Our Domain: Every comment posted under the domain of fractalmax.com is subject to our moderation. Laurence Zimmermann, FractalMax® reserves the exclusive right to edit, reject, or delete any comments judged as inappropriate, offensive, defamatory, or in breach of any laws, including copyright and trademark laws, or that overtly promote commercial interests.

No Control Over Syndicate Member Comments: We do not have control over, nor do we assume any responsibility for, comments made on other Syndicate Member websites or their moderation policies. As such, any comment appearing on fractalmax.com that is made on a Syndicate Member's domain will be governed by their terms and conditions, Privacy Policy, and moderation policies. We shall not be held liable for any content, views, or opinions expressed in the comments on other Syndicate Member websites or for any harm resulting therefrom.

User Responsibility: Users bear the responsibility for their comments and the consequences of sharing them. Commenting on the Laurence Zimmermann, FractalMax, fractalmax.com website indicates the user's acknowledgment that their comments will be syndicated and become accessible on various domains. Hence, users should exercise caution and discretion.

User Conduct & Prohibited Content: All users must maintain a respectful and constructive environment when participating in commenting or any other user-submitted sections. 

This is strictly forbidden:

Hate Speech: Content that promotes violence against or demeans individuals based on race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, disability, or any other protected status under applicable law.

Obscene Content: Material that is indecent or portrays graphic violence or sexual acts.Personal Attacks & Harassment: Harassing, belittling, or insulting another user, individual, or entity. This includes doxxing (sharing private information without consent) or threats of harm.

Spam: Repeatedly posting identical content, unsolicited promotions, or other forms of unwarranted promotion.

Misinformation: Sharing misleading or false information intentionally, especially if it's potentially harmful.

Impersonation: Posing as someone else with the intention to deceive or harm.

Illegal Content: Content that promotes or engages in illegal activities.Malicious Software: Sharing or linking to any software intended to harm or exploit any device, software, or person, such as viruses, malware, or spyware.

Laurence Zimmermann, FractalMax® retains the right to modify, hide, or delete any content posted on the fractalmax.com domain violating these guidelines. Frequent violators may be banned or have their commenting rights revoked on Laurence Zimmermann, FractalMax®, fractalmax.com website.

Use of Syndicated Comments in Advertising or Other Promotional Materials: By commenting on the Laurence Zimmermann, FractalMax®, fractalmax.com website, users grant us, and any Syndicate Members using the syndicated comment feature an irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to utilize, adapt, modify, publish, translate, distribute, and display such public comments worldwide. This includes incorporating them into other works in any form or technology for any promotional or advertising purposes.

Laurence Zimmermann, FractalMax®, and all Syndicate Members reserve the right to utilize these syndicated public comments posted on fractalmax.com without any further consent or payment to the user. Users acknowledge that their comments may be featured in our promotional materials, advertising campaigns, or other publicity endeavors without prior notice or compensation.

Syndicated Comments on Social Media: Users should be aware that public comments made on Laurence Zimmermann, FractalMax®, fractalmax.com website might be shared, reposted, or highlighted on our social media channels, as well as those of Syndicate Members. By commenting, users grant Laurence Zimmermann, FractalMax®, and all Syndicate Members the right to share, use, and display such comments (posted on the fractalmax.com website) on platforms like Facebook, Twitter, Instagram, LinkedIn, YouTube, Tumblr, Pinterest, and more. This includes adapting comments for compatibility with these platforms or highlighting specific content. Given the public nature of social media, users should remain very cautious when commenting.`

Consent: By engaging in any user-driven sections (this include the live chat during our live events) on the Laurence Zimmermann, FractalMax®, fractalmax.com website, users affirm they have read, understood, and agreed to these Terms & Conditions and the Privacy Policy in full. They also acknowledge the potential repercussions of violating these terms.

Webinar-Related Email Communications:

Furthermore, as part of our commitment to providing enriching webinar experiences, please note that you may receive emails from Laurence Zimmermann, FractalMax, that include content directly from the hosts and presenters of these webinars. Although these communications are disseminated through our email channels, the content—ranging from insights, updates, and reminders to valuable information related to the webinar topics— may be crafted by the individual hosts and presenters. This content is considered third-party and may reflect their personal views or expertise, which does not necessarily align with our company's official stance or beliefs. Rest assured, all such emails will continue to feature our business address at the end, maintaining transparency. By engaging with our webinar services and providing your email address, you acknowledge and agree to the receipt of these curated communications, understanding their origin from our esteemed webinar contributors.

Webinar-Related SMS Notifications:

As part of our commitment to providing an excellent webinar experience, you may receive SMS notifications related to our webinars. These messages are sent through our channels but may include content prepared by the webinar's hosts and presenters, who are collaborating with Laurence Zimmermann, FractalMax to deliver valuable insights and information. Although these communications are facilitated by Laurence Zimmermann, FractalMax, the content is considered third-party and reflects the perspectives and expertise of the individual hosts and presenters, not necessarily our company's views. By giving your phone number during the registration process, you consent to receive such webinar-related content, understanding it originates from a collaboration between our company and the webinar contributors.

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Laurence Zimmermann, FractalMax® or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Laurence Zimmermann, FractalMax®. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of Laurence Zimmermann, FractalMax® or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Laurence Zimmermann, FractalMax® or third-party trademarks.

To the fullest extent permitted by applicable law, in no event will Laurence Zimmermann, FractalMax®, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Laurence Zimmermann, FractalMax® and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater than one euro or any amounts actually paid in cash by you to Laurence Zimmermann, FractalMax® for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

You agree to indemnify and hold Laurence Zimmermann, FractalMax® and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Paris, France without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of France. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Paris, France, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. Terms are translated in English but only the French version is considered if there is a dispute.

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

https://fractalmax.com/terms

[email protected]

Laurence Zimmermann, FractalMax EI

Office: 66 Avenue des Champs-Elysées, 75008 PARIS.

Commercial Registration Number 801 407 453 in PARIS, 03 October 2018.

SIREN / SIRET: 750 902 827 00021

TVA: FR87750902827

Trademark: FractalMax®

INPI registered.

Hosting Server: Cloudflare

Email Hosting: Namecheap

This document was last updated on 25th March 2024