Terms of use
1. Introduction
These Terms and Conditions (“Terms“) constitute an agreement between the user of the website
www.Colabor.com and any page or website accessible from this site and referring to these Terms (hereinafter, collectively, the “Site“) and Colabor Group Inc. (acting on its behalf and on behalf of all its affiliates, hereinafter, “Colabor”). These Terms and Conditions set forth the terms and conditions applicable to any visit and use of the Site, whether on the part of the Site that requires the user to identify themselves by logging in to an account, or on the part of the Site that can be visited without having to log-in or otherwise identify oneself (including the Client Access). These Terms and Conditions also set forth the terms and conditions applicable to the use of all written material or any other materials presented on or available through the Site, including, but not limited to, articles, text, photographs, images, visual images, audio clips, video clips, software and computer code (the “Materials”). By accessing and using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site. Your access to the Site is also subject to Colabor’s Policy on the protection of personal information.
If at any time the Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.
Colabor may modify these Terms at any time, for any reason, by updating this document, without prior notice to you and without any liability to you or any other person for doing so. It is understood that, at any given time, the applicable version of the Terms is the one in effect on the Site at the time of its use. Your use of this Site following such a modification represents your agreement to comply with the new provisions.
2. Access and authorized use of the Site
This Site is intended for the lawful use of Colabor’s clients, suppliers, employees and members of the general public over the age of 18. It is forbidden to use the Site in a jurisdiction where the Site or any part of its content may violate the laws or regulations applicable in that jurisdiction. You agree not to access or use the Site in such jurisdictions. You acknowledge that you are responsible for compliance with all applicable laws and regulations. You are solely responsible for all actions and communications undertaken or transmitted during your use of this Site.
You agree not to do or permit others to, directly or indirectly:
– Sell, reproduce, modify or attempt to modify the Site or Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other Web site or in any environment of networked computers;
– Transfer the Material to any other person without the written consent of Colabor;
– Use this Site in any manner that could damage, disable, overburden or impair this Site;
– Upload, post or transmit on this Site any items, material or content that contains a virus, Trojan horse, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files, software, or computer programs;
– Interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
– Disrupt or interfere with the use or enjoyment by others of this Site or associated or linked sites;
– Use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part;
– Use or attempt to use the account, password, service, system or information of another person without prior written authorization from Colabor, or create or use a false identity on this Site;
– Transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
– Upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
– Attempt to gain unauthorized access to this Site or portions of this Site which are restricted from general access.
Colabor reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time for any reason without prior notice to you and without any liability to you for doing so. In addition, Colabor may change, modify, suspend or discontinue all or any aspect of this Site at any time, including the availability of any feature, database, or Materials, without prior notice to you and without liability to you for doing so.
3. Intellectual Property
Copyright
All Material on this Site, including but not limited to, all software, text, data, sound, programming, visual images, graphics, site design and the selection, organization, functionality, performance and arrangement of the foregoing are protected by copyright and are the property of Colabor or its licensors. Except as expressly provided herein, any use of the Material, including modification, transmission, presentation, distribution, republication or any other exploitation of the Site or the Material, in whole or in part, is prohibited without the express prior written consent of Colabor.
Restricted license
You are granted a limited, non-transferable, non-exclusive license to access, view and use the Site and its Materials for your personal (or on behalf of an organization you represent and whose authority you have to bind to these Terms), non-commercial purposes. You may download, store and/or print single copies of the Materials for your personal, non-commercial use, provided that you retain all copyright and other notices contained in the Materials, if any. You may not reproduce or redistribute the Materials online. You must also comply with any additional requirements governing the use of any specific Materials that may be presented on the Site. In the event of a conflict between the terms of a license governing specific Material and these Terms and Conditions, the terms of the specific license shall prevail.
Trademarks
The names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site are trademarks of Colabor or of third parties, whether registered or not. Even though certain third party trademarks may be used by Colabor under license, the display of third party trademarks on the Site does not imply any relationship or license whatsoever between Colabor and the owner of these trademarks, nor does it imply that Colabor recommends or promotes the merchandise, services or business processes of the owner of these trademarks.
4. Privacy and security
You acknowledge and accept that browsing the Internet involves inherent risks and that this communication system is not free of defects and may be subject to service interruptions. Colabor cannot guarantee that access to the Site will be uninterrupted, regular, secure or error-free, nor guarantee that a data loss will not occur. Furthermore, Colabor cannot guarantee the security or confidentiality of any communication to or from the Site. To the extent permitted by law, the User shall be solely responsible for any damage to his or her computer and for any loss of data resulting from any downloading of material from the Site or otherwise.
5. Applicable agreements
All products of Colabor are subject to the terms of the applicable agreements. Unless otherwise indicated, the information contained on this Site does not constitute a solicitation or an offer to buy or sell any product, service or information.
6. Create an account
Registration
To use certain features of the Site, you may be required to create an account. By registering on the Site, you agree: (i) to provide true, accurate, current and complete information in any registration form, and (ii) to maintain and update this information without delay so that it remains true, accurate, current and complete. If Colabor has reasonable grounds to believe that such information is false, inaccurate, outdated or incomplete, it has the right, at its discretion and without prior notice, to suspend or terminate your access to all or part of the Site. Colabor’s use of any personally identifiable information you provide as part of the registration process is governed by the Privacy Policy of Colabor.
Passwords
Certain portions of the Site require the User to create a username and password before accessing the content and services offered by the Colabor in those portions of the Site. Therefore, before you can access those portions of the Site, you will be required to identify yourself by entering your username and password.
You are responsible for maintaining the confidentiality of the password associated with your account and for logging out of your account at the end of each session. You are solely responsible for all activities that occur under your username and password.
You must immediately notify Colabor of the loss, theft or unauthorized use of your user name or password. To the extent permitted by law, Colabor shall not be liable for any loss or damage arising from its failure or your failure to protect your password or account information.
7. No advice
The information contained on this Site is not intended to constitute business, legal, accounting, financial or tax advice. Many factors unknown to us may affect the applicability of any statement or comment that we make on our Web site to your particular circumstances. You should consult with your professional advisers before acting on any information that we have provided. Please consult your own professional advisors before acting on any information that we have provided.
8. Hyperlinks and Third Party Materials
Links to other Web sites or references to products, services or publications other than those of Colabor at this Site do not imply the endorsement or approval of such Web sites, products, services or publications by Colabor. Access to any other Web site linked to Colabor Site is at your own risk and Colabor is not responsible for the availability, accuracy or reliability of the contents of any linked Web site or any link contained in a linked Web site. Links do not imply that Colabor or this Site is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Colabor.
This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Colabor shall not have any liability whatsoever to you for any such third party material, data or information.
9. Exemption from liability
COLABOR MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, SUITABILITY OR CONTENT OF ANY INFORMATION AVAILABLE FROM THIS SITE. THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHILE COLABOR STRIVES TO PROVIDE ACCURATE, CURRENT AND TIMELY INFORMATION, COLABOR MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, REGARDING THE SITE AND ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, CONDITION OR UNDERTAKING THAT: (I) THE MATERIAL ON THE SITE, OR THOSE ACCESSIBLE THROUGH THE SITE, WILL BE OF MERCHANTABLE QUALITY AND/OR FIT FOR ANY PARTICULAR PURPOSE, (II) THE SITE OR ITS CONTENTS WILL BE ACCURATE, COMPLETE, UP-TO-DATE, RELIABLE, TIMELY OR FIT FOR ANY PARTICULAR PURPOSE, (III) THE OPERATION OF THE SITE WILL BE CONTINUOUS OR ERROR-FREE, (IV) DEFECTS OR ERRORS IN THE SITE OR ITS CONTENTS, WHETHER CAUSED BY HUMAN OR COMPUTER ERROR, WILL BE CORRECTED, (V) THE SITE WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS, AND (VI) COMMUNICATIONS TO OR FROM THE SITE WILL BE INACCESSIBLE TO THIRD PARTIES AND/OR WILL NOT BE INTERCEPTED.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLABOR OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE “COLABOR PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED ON THIS SITE EVEN IF ANY OF COLABOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD REASONABLY FORESEE SUCH DAMAGES OCCURRING. IN ANY EVENT, COLABOR PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR A PARTICULAR SERVICE OR PRODUCT OFFERED ON THIS SITE.
11. Indemnity
You agree to indemnify, defend and hold harmless Colabor Parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees) arising from or related to: (i) any use or alleged use of this Site or the Materials, (ii) your breach of these Terms and Conditions, or (iii) your violation of any law or the rights of a third party arising out of your use of this Site. Colabor reserves the right to assume the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with Colabor’s defense of these claims, demands and actions.
12. Jurisdiction, Governing Law and Arbitration
These Terms and Conditions and your use of this Site shall be construed in accordance with and be governed by the laws in force in the Province of Quebec and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of competent jurisdiction in the Province of Quebec in the judicial district of Montreal with respect to all matters relating to your access to and use of the Site and the Content, and with respect to any dispute that may arise in connection with such matters.
13. General
If any provision of these Terms and Conditions shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. Colabor’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. These Terms and Conditions comprise the entire agreement between you and Colabor and supersede all prior agreements between the parties regarding the subject matter contained herein.