Legal information and terms of use

1. DESCRIPTION OF THE SITE

The web site operating under the domain name http://www.roland-douglas.com (hereinafter, the “Web Site”) consists of a number of web pages managed by Roland Legal Services, S.L., whose details are set out at the end of this document (hereinafter, “R&D”). For the purposes of these terms of use, any user of the Web Site (including you) will be referred to as “User”.

Through the Web Site, R&D makes freely available to the User materials which include messages, graphics, pictures, sound and/or image files, photographs and, in general, company information relating to the activities comprised within R&D’s corporate purpose, as generally described in Section 2 of its By-laws (hereinafter, the “Materials”), in accordance with the terms described below.

2. CONDITIONS FOR ACCESS AND USE OF THE WEB SITE

Access to, and use of, the Web Site and the Materials are subject to these terms of use (hereinafter, the “Terms of Use”).

If the User does not agree on the Terms of Use, the User should not use the Web Site at all, and, in particular, it should not download, or in any other way use, the Materials.

The use of the Web Site is also subject to any warnings, rules of use or instructions that R&D makes known to the Users, which shall supplement those set forth in these Terms of Use.

3. EXCLUSION OF OBLIGATIONS TO PROVIDE PRIOR AND SUBSEQUENT INFORMATION

The User accepts that the sole information relating to the acceptance of these Terms of Use that it will receive before being bound by them is the information that has been provided with up until now and the information contained or referred to herein. After User’s acceptance, R&D will not be bound to send the User any other type of confirmation or acknowledgement of receipt. If you are not a consumer, you specifically agree to exclude the application of any other legal provisions imposing obligations to provide prior information and/or subsequent confirmation or acknowledgment of receipt in relation to the acceptance process set forth in these Terms of Use, and in particular, you agree to exclude the application of Articles 27 and 28 of the Spanish 34/2002 Act, of July 11, 2002, on information society services and e-commerce.

4. MODIFICATION OF THE WEB SITE AND THE TERMS OF USE

R&D reserves the right to unilaterally, and without prior warning, change the presentation and configuration of the Web Site, as well as modify or remove any of the Materials.

In addition, R&D may modify the conditions that must be met in order to access and use the Web Site. By using the Web Site, the User shall accept the version of Terms of Use that is published at the time of accessing the Web Site. Therefore, every time the User uses the Web Site he/she must carefully read the Terms of Use in advance.

If the User does not agree with the amended Terms of Use, the User must not use the Web Site in any way, and in particular, the User must not download, or in any other way use, the Materials.

5. OBLIGATION TO MAKE A PROPER USE OF THE WEB SITE

The authorized User must use the Web Site in accordance with the applicable laws and Terms of Use, in a proper and diligent manner, and shall not use it with aims or effects that are illegal, harmful to third parties’ rights and interests, or which in any way cause damage, render useless, overload or be detrimental to the Web Site, or prevent the ordinary use of the Web Site by other Users.

6. GENERAL INFORMATION NOT SUBSTITUTIVE OF ADVICE

The Web Site contains a number of Materials (as defined in Section 1 of this document). The Materials are made available to the User for general informational purposes only. The User should bear in mind that the Materials may might not reflect the most recent legislation or case-law of the matters analyzed. The Materials can under no circumstances be deemed as a substitute for professional, legal, technical or any other kind of advice.

Access to the Materials does not constitute a client-attorney or client-practitioner relationship, or any other type of trust or professional relationship between the User and the holder of the domain name www.roland-douglas.com, R&D, its partners, directors, collaborators, employees and/or representatives. None of them make warranty of any kind with respect to the Materials or the completeness or accuracy of this Web Site, and in no event shall be liable for any actions (or lack thereof) taken as a result of relying on and/or in any way using the Materials and/or any other materials that may be accessed through them, or for any damages resulting from reliance on and/or use of the Materials and/or any such other materials.

The User should therefore not act on the basis of the Materials without first seeking the relevant professional advise. The User should not send to R&D any type of confidential information without having consulted our practitioners in advance and having received authorization from them to do so.

7. USE OF COOKIE TECHNOLOGY

Some of the pages of the Web Site may use cookies in order to provide materials to the User that are adjusted to its preferences. The User can usually configure the internet browser to warn it of the receipt of cookies, giving the User the opportunity to decide whether it wishes to accept them or not. Technically, the acceptance of cookies coming from the Web Site would be necessary to gain access to the Materials.

8. LIABILITY FOR DAMAGES

The User shall be liable for any damages of any nature in which R&D or a third party may directly or indirectly incur as a consequence of a breach of any of the obligations arising from the Terms of Use, the law or the rights of R&D or third parties using the Web Site. These obligations will survive after the termination of the User’s relationship with R&D or his/her use of the Web Site.

The User undertakes to defend, indemnify, and hold R&D harmless from any claims or actions of any type, as well from as any expenses or costs (including, among others, lawyers’ fees) arising from a User’s breach of the Terms of Use, applicable laws or third parties’ rights. These obligations survive after the termination of the User’s relationship with R&D or his/her use of the Web Site.

9. EXCLUSION OF WARRANTIES AND LIABILITY

R&D and its partners, directors, collaborators, employees and representatives make no warranty of any kind with respect to the accuracy, completeness, merchantability, fitness for a particular use, reliability, availability, up-dated status, suitability, lawfulness, lack of virus or other damaging elements in the Web Site or in the Materials. The User is aware of, and voluntarily agrees on, the fact that he/she uses the Web Site and the Materials at its sole and exclusive risk.

R&D has taken the appropriate safety measures, but it makes no warranty of privacy and safety of the use of the Web Site and, in particular, it shall not be liable for any losses or damages arising from any loss or disclosure of information which may take place as a result of the use of the Web Site or the Materials.

R&D makes no warranty on availability and durability of the access to the Web Site or the Materials at any time.

R&D excludes all liability for losses and damages of any kind directly or indirectly arising from the access to and use of the Web Site or the Maters, or the delay or impossibility to use the Materials. R&D and its partners, directors, collaborators, employees and representatives shall in no event be liable for any losses or damages arising from the use of the Web Site, or for any action (or lack thereof) based on the Materials. If any part of the Web Site or the Materials is not satisfactory to the User, its sole and exclusive remedy will be ceasing to use the Web Site.

The Web Site contains links to other web sites and web pages -managed by third parties- for the User’s mere convenience, over which R&D has no control. Access to them via this Web Site does not mean that R&D recommends or approves their materials, for which R&D cannot be held liable.

10. DURATION AND TERMINATION

The access to the Web Site and the Materials is in principle not limited in time. However, R&D can terminate or suspend the access to the Web Site or to the Materials at any time. When reasonably feasible, R&D shall give previously warning, through the Web Site, of said termination or suspension.

11. MISCELLANEOUS

These Terms of Use are governed by Spanish law.
If any provision of these Terms of Use (including, but not limited to, the exclusions of warranties and limitations on liability set forth above) is declared null and void or unenforceable, the relevant provision shall be deemed replaced for the valid and enforceable provision closer to the original provision. All other provisions of these Terms of Use shall remain unchanged.

12. INTELLECTUAL PROPERTY RIGHTS

Save as otherwise indicated and to the fullest extent permitted under the law, the rights on the Materials of this Web Site are owned by the holder of the domain name www.roland-douglas.com. As an exception to the foregoing, all the trademarks, signs and names related to “Roland & Douglas” are owned by Roland Legal Services, S.L. or have been duly licensed by their owners. All rights are reserved.

No license is granted to any User over any intellectual property right or any property or rights related to this Web Site or the Materials. Without limiting the foregoing, copying, reproducing, storing in a retrieval system, transmitting, distributing, selling, renting or communicating to the public all or part of this Web Site or its Materials, in any form or by any means is strictly forbidden without the prior permission in writing of the holder of the rights.

13. INFORMACIÓN GENERAL

R&D is a Spanish limited liability company (sociedad de responsabilidad limitada), with corporate address in Barcelona (Spain), Avinguda Diagonal 646, 9-2 and Tax Identification Number B63598379. Should you wish to contact us for any doubt or query on the above, or should you wish to make any suggestion or comment on the Web Site, please do not hesitate to do so through our e-mail address mail@roland-douglas.com.