Education Library — Confidentiality
Read, accept and sign.
This confidentiality agreement applies to the Education Library only. It does not apply to the GEX Levels Indicator or the Chrome extension.
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INTERNATIONAL NON-DISCLOSURE AGREEMENT ("International NDA")
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Document version : intl-nda-v1.1-en
Provider : GEX Levels — MARC LALANNE, 70 rue d'Ornay, Rouen, France
Contact : marclalanne76@laposte.net
Applies to : OptionFlow & OrderFlow Professional Education Library ONLY
(not required for the GEX Levels Indicator or the Chrome
extension)
Languages : English (controlling)
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ENGLISH VERSION (CONTROLLING)
1. PARTIES AND PURPOSE
This International Non-Disclosure Agreement (the "Agreement") is entered into
between GEX Levels (the "Provider"), the operator of the website
gex-levels.com, and the individual or entity who accepts this Agreement
electronically (the "Recipient").
Its purpose is to protect the confidential educational materials made
available through the OptionFlow & OrderFlow Professional Education Library
(the "Education Library") against unauthorized use, disclosure and
distribution.
2. SCOPE — EDUCATION LIBRARY ONLY
2.1 This Agreement applies ONLY to access to the Education Library and its
protected materials.
2.2 This Agreement is NOT required for, and does not condition, any of the
following: the GEX Levels Indicator (monthly or yearly subscription), the
Chrome extension, account creation or login, the dashboard, billing,
licenses, customer support, or any general area of the website. Those
products and services remain governed solely by the published Terms of
Service and Privacy Policy.
2.3 The Education Library and the GEX Levels Indicator are separate products.
Purchasing one grants no rights in the other.
3. DEFINITIONS
"Confidential Materials" means the content of the Education Library in any
form, including without limitation: course modules, documents, PDFs, research
notes, archives, structures, outlines, summaries, methodologies, exercises,
illustrations, and any other material marked as part of the Education Library
or made accessible to the Recipient through Education Library access,
together with any access credentials, links or tokens used to reach them.
Confidential Materials do not include information that: (a) is or becomes
publicly available through no breach of this Agreement; (b) was lawfully
known to the Recipient before access without an obligation of
confidentiality; (c) is independently developed by the Recipient without use
of the Confidential Materials; or (d) is lawfully received from a third party
without restriction.
4. LICENSE AND USE RESTRICTIONS
4.1 Subject to payment and to this Agreement, the Provider grants the
Recipient a personal, non-exclusive, non-transferable, revocable right to
access and use the Confidential Materials for the Recipient's own
personal, non-commercial education only.
4.2 The Recipient shall NOT, and shall not assist or permit any third party
to:
(a) copy, reproduce, download beyond what the service itself offers,
scrape, or capture the Confidential Materials;
(b) share, lend, give, publish, post publicly, or otherwise disclose the
Confidential Materials or any substantial part of them to any third
party;
(c) sell, resell, rent, sublicense, redistribute, or commercially exploit
the Confidential Materials in any way;
(d) share, lend or sell account credentials, access links or tokens, or
otherwise enable access by any person other than the Recipient;
(e) circumvent, disable, or interfere with any access control, technical
protection, watermarking, or usage limitation applied to the
Education Library;
(f) remove or alter any proprietary notice contained in the Confidential
Materials;
(g) use the Confidential Materials to create derivative works intended
for publication, sale or distribution.
4.3 Quoting short excerpts is permitted only where such use is a mandatory
right under applicable law (for example statutory citation or fair-use
rights) and always with attribution.
5. INTELLECTUAL PROPERTY
All intellectual property rights in the Confidential Materials remain the
exclusive property of the Provider and, where applicable, its licensors.
Nothing in this Agreement transfers any ownership right to the Recipient.
6. TRADE-SECRET AND OTHER COMPLEMENTARY PROTECTIONS
6.1 The Confidential Materials may also be protected by applicable copyright,
database and trade-secret laws. Depending on the Recipient's and the
Provider's circumstances, such laws MAY include — without any assertion
that they automatically apply to every user — the U.S. Defend Trade
Secrets Act (18 U.S.C. §§ 1832–1836) and equivalent trade-secret or
unfair-competition statutes in other jurisdictions.
6.2 Notice under 18 U.S.C. § 1833(b), where that statute applies: an
individual shall not be held criminally or civilly liable under any
federal or state trade secret law for the disclosure of a trade secret
that is made (i) in confidence to a government official or to an
attorney, solely for the purpose of reporting or investigating a
suspected violation of law, or (ii) in a complaint or other document
filed in a lawsuit or other proceeding, if such filing is made under
seal.
7. BREACH AND REMEDIES
7.1 If the Provider has reasonable grounds to believe the Recipient has
breached this Agreement, the Provider may, proportionately to the
seriousness of the breach: (a) suspend the Recipient's access to the
Education Library; (b) terminate that access; and (c) require the
deletion of any copies of Confidential Materials in the Recipient's
possession or control, with written confirmation.
7.2 The Provider may claim compensation for the harm it DEMONSTRATES it has
actually suffered as a result of the breach, in accordance with
applicable law. This Agreement does not impose any automatic, fixed or
pre-set penalty amount.
7.3 Where available under applicable law, the Provider may also seek
injunctive or other equitable relief to prevent or stop unauthorized
disclosure or distribution.
7.4 Nothing in this Section limits any right or defense the Recipient holds
under mandatory applicable law.
8. CONSUMER RIGHTS PRESERVED
If the Recipient is a consumer, nothing in this Agreement deprives the
Recipient of the protection of mandatory provisions of the law of the
country in which the Recipient has his or her habitual residence. Any
provision of this Agreement that conflicts with such mandatory provisions
applies only to the extent permitted by them.
9. GOVERNING FRAMEWORK AND DISPUTES
9.1 This Agreement is drafted as a neutral international agreement. It does
not designate the courts of any particular U.S. state or any other
specific local court.
9.2 The parties will first attempt in good faith to resolve any dispute
arising out of this Agreement amicably within thirty (30) days of
written notice.
9.3 Failing amicable resolution, disputes shall be resolved by the courts or
procedures that are competent under applicable law, including any
mandatory consumer-forum rules of the Recipient's country of habitual
residence.
10. TERM AND SURVIVAL
10.1 This Agreement takes effect upon the Recipient's electronic acceptance
and remains in force for as long as the Recipient has access to the
Education Library.
10.2 The confidentiality and use-restriction obligations of Sections 4, 5
and 7 survive termination of access for as long as the Confidential
Materials remain non-public, subject to any maximum duration imposed by
mandatory applicable law.
11. ELECTRONIC ACCEPTANCE
11.1 The Recipient accepts this Agreement by an electronic process
consisting of: reading the full document, typing his or her full name,
ticking a consent checkbox that is never pre-ticked, and pressing the
button "Read, accept and sign".
11.2 The Provider records: the document version identifier, the SHA-256 hash
of this document, the Recipient's account identifier and account email,
the typed full name, and a UTC timestamp. A downloadable receipt of the
acceptance is provided.
11.3 This process constitutes a simple electronic signature / record of
consent. The Provider makes NO claim that it is a "qualified" or
"certified" electronic signature within the meaning of regulations such
as eIDAS, and no certificate-based identity verification is performed.
12. GENERAL
12.1 If any provision of this Agreement is held invalid or unenforceable,
the remaining provisions remain in force, and the invalid provision is
replaced to the extent possible by a valid provision reflecting its
intent.
12.2 This Agreement is the entire agreement between the parties concerning
confidentiality of the Education Library materials. It supplements,
and does not replace, the published Terms of Service and Privacy
Policy.
12.3 This Agreement is provided in English. Subject to mandatory
language requirements of the Recipient's jurisdiction, the English
version controls.
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Electronic signature
Electronic signing is being finalized and is not active on this page yet, so no data is
submitted from here for now. When it goes live, your signature — name, account email,
NDA version, SHA-256 and a UTC timestamp — is recorded server-side after re-checking the
version and hash.
Once signing is enabled, your NDA status, signed version, signature date and a downloadable receipt will appear in your account. A new signature is required if the document version changes.