2. PERMITTED USE
User is permitted to view, use and download a copy of the Website for informational, non-commercial use only. Unauthorized Use: User shall not:
a. unlawfully access or interfere with Claste’s systems and/or communications;
b. use spiders, robots, data mining techniques or other automated devices or programs to reproduce, download, distribute or store content available on the Website;
c. mirror any material contained on the Website; or
d. use any viruses or computer programs that could affect the function of external computers.
3. INTELLECTUAL PROPERTY
“Claste” is the trademark of Claste Inc. All information and all material of any kind and nature whatsoever used on the Website, including, without limitation, all marks, software, graphics, photographs, images, animations, videos, audio, text and logos are owned by Claste, its licencors or third parties and are protected by copyright, trademark, patent or other intellectual property legislation and treaties. User shall not have any right, title or interest in any such marks, software, graphics, photographs, images, animations, videos, audio, text or logos, and users shall not reproduce, modify, copy, distribute, publish, assign, sell, reverse engineer or in any way exploit, as applicable, any of the foregoing without Claste’s prior written consent, which consent may be withheld at Claste’s discretion.
4. MOBILE USE AND ACTIVITY
By accessing the Website via mobile device, user agrees to the following mobile terms (in addition to the rest of the terms and conditions contained herein):
a. user is solely responsible for all message and data charges that apply to user’s mobile device to access the Website or the mobile application, as applicable. All such charges are billed by and payable to user’s mobile service provider. Claste encourages users to contact their mobile service provider for pricing plans, participation status and details;
b. wireless access through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise; and
c. additional terms and conditions may apply to your use of a mobile website or mobile application based on the type of mobile device on which you install and use the mobile application.
5. DISCLAIMER OF WARRANTY
Use of the Website is at user’s sole risk and all content on the Website is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranty whatsoever, including but not limited to the implied warranties of merchantability, fitness for particular purpose and non-infringement, as well as any warranty relating to the accuracy, completeness and reliability of said content. Unless otherwise expressly stipulated in writing by Claste, any information contained on the Website relating to Claste’s products shall not be incorporated or integrated into any warranty granted by Claste or other any contractual right of user. Claste does not in any way warrant that the use of the Website will be uninterrupted, timely or error-free, that defects will be corrected or that said use will be free from viruses or bugs or other malicious programs. Claste reserves the right to suspend, discontinue, modify, remove or add to the Website in its sole discretion with immediate effect and without notice. Claste shall not be liable in any way for any loss suffered by user as a consequence of any decision made by Claste in this regard or for any malfunction of the Website.
6. DISCLAIMER OF LIABILITY
Notwithstanding anything to the contrary contained herein or on the Website, neither Claste nor its directors, officers, shareholders, employees, agents and representatives shall be liable in any way whatsoever for any direct, indirect, incidental, consequential or special damages arising out of or in any way relating to user’s access to or use of the Website, whether or not Claste has been advised of the possibility of any such damages.
User agrees to defend, indemnify and hold harmless Claste, its subsidiaries and affiliates and each of their directors, officers, employees, agents and representatives from and against any and all liabilities, actions, claims and expenses, including legal fees, arising out of or relating to user’s access to or use of the Website, any breach of this Agreement and/or applicable law, as well as any breach of any third party rights.
Claste (or any authorized agent thereof) may conduct analyses of user traffic, which analyses will be performed using cookies and IP addresses, among others.
The Website may contain links to third party websites that are not under Claste’s control. User hereby acknowledges and agrees that Claste is not responsible in any way for the content contained on said third party websites and that said websites are subject to their own privacy policies. Links to third party websites are solely provided for user’s convenience and in no way constitutes an endorsement by Claste of said third party or any of the services/products offered thereby. User acknowledges that access to and use of third party websites is at user’s sole risk.
10. NON-CONFIDENTIALITY OF SUBMISSIONS
Save and except for personal information or such other information that must be maintained as private and confidential in accordance with the applicable legislation, all submissions are not confidential and will not be treated as such, and will, upon submission, become the sole and exclusive property of Claste. User hereby agrees that all right, title and interest in and to any and all submissions are, in virtue of this Agreement, assigned to Claste on a worldwide basis without compensation. User acknowledges and agrees that submissions must respect third party rights and must not constitute defamatory, abusive, obscene, illegal material. Claste reserves the right to delete any submissions.
11. TERMINATION OF AGREEMENT
This Agreement constitutes an agreement that is effective unless and until terminated by Claste. If user fails to abide by the terms of this Agreement, user may be denied access to the Website. User agrees that any denial of access to the Website may be effected without prior notice and without liability of any kind. Furthermore, Claste may, at any time, cease providing the Website or any part thereof, with or without notice. Notwithstanding any such denial of access or the termination of this Agreement, the provisions in this Agreement relating to intellectual property, disclaimers and indemnity shall remain in full force and effect.
12. APPLICABLE LAW
This Agreement shall be governed exclusively by the laws of the Province of Quebec and the laws of Canada applicable therein, regardless of any conflict of law principles, and user hereby agrees to the exclusive jurisdiction of the courts of the Province of Quebec, Canada with respect to all legal action in connection with the Website.
13. REGULATORY STANDARDS
User acknowledges that governmental regulatory standards vary between jurisdictions and thus any representation made on the Website regarding the satisfaction of any regulatory standard may not be valid in user’s jurisdiction.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for whatever reason, the remaining provisions not so declared shall nevertheless continue in full force and effect without being impaired in any manner whatsoever.
No failure or delay of Claste in exercising any right or remedy hereunder shall operate as a waiver thereof, and a waiver of a particular right or remedy on one occasion shall not be deemed a waiver of any other right or remedy or a waiver on any subsequent occasion.