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| CLICK4USA > TERMS OF USE |
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| CLICK4USA > TERMS OF USE |
 USE OF THIS WEB SITE This Web site ("the Site") is owned and operated by Groupe Etineria Inc. ("Site Owner") for your personal use and information. Your use of the Site is subject to the following terms and all applicable laws. In addition, when using particular services offered on the Site, you may be subject to other applicable terms. By accessing and browsing the Site, you accept these terms, without limitation or qualification. If you do not agree with any of the terms, please do not use the Site. The Site is controlled and operated by Site Owner from Montreal, Province of Quebec. Site Owner makes no representation that materials on the Site are appropriate or available for use in other locations. You are responsible to ensure that your access to the Site and material available on or through it are legal in each jurisdiction in or through which you access or view the Site or such material. By using the Site you agree that you may not copy, mirror, reproduce, republish, display, upload, post, transmit, create derivative works from, distribute, modify in whole or in part, reformat, transfer or sell, whether in text, graphical, audio, video or executable form, any material, information, products or services offered on the Site or any portion of the Site, except with the express permission of Site Owner. You agree not to introduce into or through the Site any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any erroneous or defective material or information. You further agree not to interfere or attempt to interfere with the proper working of the Site. Site Owner shall have the right (in its sole discretion) to move, refuse or remove any material that is available on the Site, including but not limited to third party links. Without limiting the foregoing, Site Owner shall have the right to remove any material that violates its directives or that is otherwise objectionable. Site Owner may modify or terminate its Site from time to time, for any reason, and without notice. Site Owner reserves the right to change any material appearing on the Site and any features and functions of the Site without prior notice. Site Owner may deny you access to all or part of the Site without prior notice, by reason of unexpected technical problems or if you engage in any conduct or activities that Site Owner determines, in its sole discretion, violate these Terms of Use or other applicable terms, the rights of Site Owner or any third party, or is otherwise inappropriate. In the event Site Owner thus modifies, terminates or denies access to its Site, you agree that Site Owner shall not be liable to you or to any third party therefore. EXCLUSION OF WARRANTIES ALL SERVICES, MATERIAL OR INFORMATION ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. SITE OWNER AND ITS LICENSORS, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES, SUCCESSORS AND ASSIGNS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Site Owner makes no representation or warranty regarding the functionality or condition of the Site, its suitability for use and reliability, the availability of material and information on the Site, or regarding title or non-infringement. Site Owner does not represent or warrant that the operation of the Site will be uninterrupted and error-free. SITE OWNER ASSUMES NO OBLIGATION TO UPDATE THE CONTENT OF THE SITE. THE CONTENT OF THE SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. SITE OWNER IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. While Site Owner may update the information or materials on the Site from time to time, Site Owner does not represent or warrant that information or material on the Site or accessed through the Site will be accurate, complete, reliable, or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected. You are solely responsible for the retrieval and use of any material on the Site. You should use your own judgment in making any use of any material, including, without limitation, the use of the information as the basis for any conclusions. The information and materials on the Site are not intended to provide specific technical, financial, tax, legal, business, accounting or other advice for your individual circumstances, and you should consult your own professional advisors to determine how any information or materials provided on the Site apply to your individual circumstances. Nothing contained in any of the material or services offered on the Site is an offer or promise to sell a specific product for a specific price. These exclusions are in addition to any specific exclusion otherwise provided in these Terms of Use. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, the above exclusions may not apply. LIMITATION OF LIABILITY NEITHER SITE OWNER NOR ITS LICENSORS, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR RELIANCE ON, USE OR MISUSE OF OR INABILITY TO USE THE SITE, MATERIAL, PRODUCTS OR SERVICES OF ANY KIND PROVIDED ON OR THROUGH THE SITE, OR FOR ANY DELAY, PARTIAL DELIVERY, INTERRUPTION OR SUSPENSION OF SERVICES, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing the Site. Site Owner, its licensors, officers, directors, agents, subsidiaries, employees, successors and assigns will not be liable for the operability or availability, deletion, failure to store, misdelivery, or untimely delivery of any information or material on the Site. In no event will Site Owner, its licensors, officers, directors, agents, subsidiaries, employees, successors and assigns be held liable for any damage or loss resulting directly or indirectly from acts of nature or causes beyond its reasonable control, including, without limitation, Internet failures, computer and telecommunication failures, electrical power failures, viruses, data corruption, transmission errors or problems, lack of availability of facilities including computer resources and stored data, the use or inability to use the Site; third-party Web sites, products or services; strikes, riots, insurrections, governmental actions, fires, floods, storms, explosions; orders of domestic or foreign courts or tribunals; or non-performance of third parties, even if Site Owner has been advised of the possibility of such damages or loss. Site Owner, its licensors, officers, directors, agents, subsidiaries, employees, successors and assigns will not be liable for any damage resulting from downloading or accessing any information or material through the Site. You agree that you download or otherwise obtain material or data through the use of the Site at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation of liability, the above limitations may not apply. LINKS TO OTHER WEB SITES Links and references to other Web sites appearing on the Site are provided to you as a convenience only. The Web sites displayed or linked to on the Site are developed by people over whom Site Owner exercises no control. When you access such Web sites, you are doing so at your own risk. Site Owner does not expressly or impliedly endorse other Web sites or any information or material found on such sites, or the accessibility thereof via such links, and does not assume any responsibility for any such other Web sites, information or material posted or products or services offered thereon. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service. OWNERSHIP All material appearing on the Site, including but not limited to information, reports, text, data, databases, Web pages, images, illustrations, software, audio clips and video clips, including the manner in which such material is presented or appears, as well as the technology underlying the Site, the services offered on the Site and any software used in connection therewith, are owned or otherwise provided by Site Owner and are protected by applicable intellectual property and other laws. Trademarks, logos and service marks (collectively "Marks") displayed on the Site are registered or unregistered Marks of Site Owner or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Any information or material contained on the Site which may be reproduced pursuant to these Terms of Use must bear the proprietary rights notices which originally appear on or in conjunction with such information or material. You acknowledge that information or material which you provide to Site Owner electronically through your access to or usage of the Site does not infringe the rights of any person or entity and is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. PRIVACY Site Owner's Privacy Policy is part of these Terms of Use, and you agree that use of data as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights. RESERVE OF RIGHTS All rights not expressly granted in these Terms of Use are reserved to Site Owner. Nothing contained in these Terms of Use shall be construed as conferring any license or right under any copyright, patent, trademark or other intellectual right of Site Owner or any other person or entity. SEVERABILITY Should any provision or portion of these Terms of Use be held unenforceable by a court of competent jurisdiction, such provision or portion shall, as to that jurisdiction, be ineffective to the extent of such unenforceability, all without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of such provision in any other jurisdiction. INTERPRETATION The division of these Terms of Use into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. In these Terms of Use, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. GOVERNING LAW The Site is controlled and operated by Site Owner from Montreal, Province of Quebec, and these Terms of Use shall be governed by the laws of the Province of Quebec and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Province of Quebec in connection with the interpretation or application of these Terms of Use. ENTIRE AGREEMENT & WAIVER These Terms of Use and any and all legal notices on the Site constitute the entire agreement between you and Site Owner and govern your use of the Site and the materials appearing and services offered thereon. You may also be subject to additional terms and conditions that may apply when you use advertiser, affiliate or other services offered on the Site. Site Owner's failure to exercise or enforce any right or provision of these Terms of Use will not be deemed to be a waiver of such right or provision. No waiver of any provision of these Terms of Use shall be effective and binding on Site Owner unless executed by Site Owner in writing. No waiver of any of the provisions of these Terms of Use shall constitute a waiver of any other provision nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. ENUREMENT & SURVIVAL OF TERMS These Terms of Use shall inure to the benefit of and be binding upon you and Site Owner and on your and Site Owner's respective successors and permitted assigns. These Terms of Use apply while you are accessing the Site and remain in effect thereafter, subject to any modifications made thereto. In the event that the Site is no longer accessible to you, the provisions of these Terms of Use relating to exclusion of warranties, limitation of liability and ownership shall survive thereafter. CHANGES TO THESE TERMS OF USE Site Owner may modify, alter or otherwise update the Terms of Use applicable to the Site from time to time without notice, and you agree to be bound by such Terms of Use as are in effect at the time at which you access the Site. NOTICE You may direct any questions concerning these Terms of Use by email at support@etineria.com or by mail at: Etineria Inc. 3575 St-Laurent Bld, suite 122 Montreal, Quebec H2X 2T7 Canada These Terms of Use were last revised on September 1, 2005. © Etineria Inc., Montreal |
| CLICK4USA > TERMS OF USE |
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