WEBSITE TERMS AND CONDITIONS OF USE
ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE OF THE WEBSITE
These Terms and Conditions of Use for the website www.parebrisegatineau.com constitute a legal agreement between you and Pare-brise Glass Guys (“Company,” “we,” “our”). The following terms and conditions, including all documents and/or additional terms expressly incorporated by reference (collectively, these “Terms and Conditions”), govern your access to and use of all content, features, and services offered on or through parebrisegatineau.com (the “Website”).
BY USING THE WEBSITE, OR BY CLICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU AGREE TO AND CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, AVAILABLE HERE, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
By using this Website, you warrant that you are of legal age to enter into an agreement with the Company and meet all of the above requirements. If you do not, you must not access or use the Website.
CHANGES TO THE TERMS AND CONDITIONS AND THE WEBSITE
We reserve the right to revise and update these terms and conditions from time to time. Any such changes take effect immediately upon their posting and implementation on the Website. You agree to review the terms and conditions regularly to check for any changes. By continuing to use our website, you accept these changes immediately.
The information and materials on this Website, and the Website itself, may be modified, removed, or deleted at any time, at our sole discretion and without notice. We shall not be liable if, for any reason, the Website becomes inaccessible to visitors or unavailable for any period of time.
YOUR USE OF THE WEBSITE, ACCOUNT SETUP, AND YOUR SECURITY
The security of your personal information is of the utmost importance to us. We implement physical, electronic, and administrative measures to protect your personal information from accidental loss and unauthorized access, use, alteration, and disclosure.
The protection and security of your information is also your responsibility. Users access the Website on their own. They must therefore ensure that all persons accessing the Website via a user’s internet connection are aware of and comply with the terms and conditions. The Website, including its content or sections, may require user registration. To use the Website, all information you provide on the Site must be truthful, current, and complete.
Unfortunately, transmitting information over the internet is not entirely secure. Although we do our best to protect your personal information, we cannot guarantee the security of information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for any circumvention of the privacy or security measures on the Website.
The information you provide to the Website through any feature such as an application, chat room, email, message board, private message, or web-based interest group pages, profiles, forums, or bulletin boards (collectively, the “Interactive Features”), constitutes your consent to any use we may make of such information within the limits of our Privacy Policy, available here.
Any username, password, or other information that you choose, or that has been provided to you as part of our security procedures, will be treated as confidential, which means that you must not disclose it to anyone or leave it written down anywhere. You must exercise caution when accessing your account from a public or shared computer to prevent another user from stealing your password or viewing your personal information. You understand and agree that when we provide you with an account, it is personal. You agree not to share it with anyone or grant anyone access to the site using your personal information, such as your username and password. You also agree to contact us immediately if you notice any unauthorized access or use of your username or password, or any security breach. Finally, you agree to log out of your account at the end of each session. You are responsible for any misuse of your password or unauthorized access.
We reserve the right at any time and from time to time to deactivate or delete your account, username, password, or other identifier—whether chosen by you or provided by us—at our discretion, with or without cause, including but not limited to your failure to comply with any provision of these Terms and Conditions.
You are prohibited from circumventing or violating the security of this Website, including, but not limited to: (a) accessing content and data that do not belong to you; (b) security breaches and/or attempts to gain unauthorized access; (c) restricting, interrupting, or disabling service to users, hosts, servers, or networks; (d) the unauthorized reproduction of the TCP/IP protocol; (e) the interruption of network services or any means of preventing the Website owner from controlling it; (f) the use of robots, spiders, or other devices, procedures, or means to access the Website for any reason, including monitoring or copying any material from the Website; (g) the introduction of any virus, Trojan horse, worm, algorithm, or other malicious or technologically harmful material; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, email bombing, or cyberattack; and (i) any other manner of interfering with the proper functioning of the Website.
INTELLECTUAL PROPERTY RIGHTS AND PROPERTY
You understand and agree that this Website and all of its content and features, including, but not limited to, information, software, text, displays, graphics, photos, videos, audio, design, layout, navigation, and user experience, are the property of the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws, including, without limitation, copyright, trademark, patent, trade secret, and other proprietary rights.
The Company’s name, Pare-brise Glass Guys, the Company’s logo, and all associated names, logos, products and services, designs, images, and slogans are trademarks of the Company, its affiliates, or its licensors. You are prohibited from using them without the Company’s prior written permission. All other names, logos, products and services, designs, images, and slogans mentioned or used on the Website are the trademarks of their respective owners. The use of these properties, unless clearly authorized, constitutes an infringement or violation of the owner’s property rights, may violate federal or other jurisdictional laws, and may result in legal action.
You may use the Website for personal use only, and not for commercial purposes. You are prohibited from reproducing, compiling into a database, distributing, modifying, creating derivative works, publicly displaying or performing, republishing, downloading, storing, or transmitting, directly or indirectly, any material from the Website, regardless of the form or medium used, unless:
a) your computer or browser temporarily stores or caches copies of the accessible and visible material;
b) a reasonable number of copies for personal use may be printed with the copyright notice, provided they are used for non-commercial purposes and in a lawful manner, without the right to further reproduction, publication, or distribution on any medium whatsoever; and
c) if social media platforms are linked to certain content on our Website, you must ensure that our Website and such social media platforms permit such use.
Users are prohibited from modifying copies of material from the Website, or from removing or altering any copyright, trademark, or other proprietary notices from copies of documents on the Website. You may not access or use any parts, services, or materials of the Website for commercial purposes.
If you print, copy, or download any material from the Website in violation of these Terms and Conditions, your right to use the Website will be immediately revoked, and you must, at our request, return or destroy all copies of the documents you have made. You have no right, title, or interest in the Website or its content, nor any rights not expressly granted by the Company. Any use of the Website not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or proprietary rights.
TERMS OF USE, USER CONTRIBUTIONS, AND WEBSITE CONTENT STANDARDS
Your access to and use of the Website are conditional upon your agreement to use the Website lawfully and respectfully and to fully comply with these Terms and Conditions.
The following content standards apply to all content, materials, and information that a user submits, posts, publishes, displays, or transmits (collectively, “Submissions”) on the Website, to other users or persons (collectively, “User Contributions”), and through any Interactive Features. All User Contributions must comply with applicable federal, provincial, local, and international laws, regulations, and terms of use.
Without limiting the foregoing, you agree and acknowledge that your use of the Website and any User Contributions shall not:
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a) In any way violate applicable federal, provincial, local, and international laws or regulations, including, but not limited to, laws governing the export of data or software, patents, trademarks, trade secrets, copyrights, or other intellectual property rights, legal rights (including publicity and privacy rights), or document content that could lead to civil or criminal liability under applicable laws and regulations or that would violate these Terms and Conditions and our Privacy Policy.•
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b) In any way violate the terms of use of any other website linked to the Website, including, without limitation, any social media website.
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c) Include or contain material that is offensive, obscene, harmful, threatening, abusive, intimidating, hateful, defamatory, sexually explicit or pornographic, violent, provocative, or discriminatory toward any ethnicity, sexual orientation, religion, nationality, people with disabilities, age, or other legally prohibited or restricted behavior, which the Company alone deems inappropriate.
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d) Harass, attempt to exploit, or harm an individual (including minors) in any way by exposing them to inappropriate content or requesting personal information from them, as prohibited by applicable laws, regulations, and standards.
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e) Include, produce, or contribute to the dissemination of false, inaccurate, or misleading information.
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f) Include sending, deliberately receiving, downloading, using, or reusing any material that does not comply with the User Content and Content Standards.
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g) Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of these).
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h) Transmit or send advertisements or promotions, sales offers, or other commercial activities without our prior written consent, including, but not limited to, spam, junk mail, chain emails, contests, sweepstakes, and other promotions, barter offers, advertisements, or solicitations.
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i) Encourage harmful conduct that detracts from the enjoyment of the Website’s users or that, in our opinion, could harm or endanger the Company or the Website’s users.
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j) Cause unnecessary annoyance, discomfort, or anxiety, or stress, embarrassment, or panic in others.
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k) Promote any illegal activity or advocate for, promote, or support an illegal act.
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l) Give the impression that it originates from or is endorsed by us, another person, or another entity, if that is not the case.
USER CONTRIBUTIONS: LICENSING
The Website may contain Interactive Features that allow for User Contributions on or through the Website.
No User Contributions you make on the Website will be treated as confidential by the Company. By providing such Contributions to the Website, you grant us and our affiliates and service providers, as well as each of their respective owners, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and disclose to THIRD PARTIES such material and documents on a wide scale, free of charge, in perpetuity, irrevocably, and on a non-exclusive basis, for any reason whatsoever and/or, as specified in your account settings, to incorporate such material in any form, medium, or technology worldwide without compensation to you. You hereby waive any moral rights or copyrights as a condition of submitting any User Contribution.
By doing so, you represent and warrant that you own and have the necessary rights to submit User Contributions and that you may grant us, our affiliates, and service providers, as well as each of their respective owners, successors, and assigns, the rights to the User Contributions, and that you comply with the Terms and Conditions. You warrant that all User Contributions comply with applicable laws and regulations and with the standards governing User Contributions and Site Content set forth in these Terms and Conditions.
You understand and agree that you alone are fully and legally responsible for the content and accuracy of the User Contributions you make, and not the Company or the Company’s parents, subsidiaries, and affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensees, suppliers, or successors. We are not responsible or liable to any third party for the content and accuracy of any User Contributions submitted to the Website by you or any other user.
SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION
The Company has the right, without prior notice:
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To delete or refuse, at its sole discretion and for any reason, to publish any User Contribution on the Website.
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To take action at any time regarding any User Contribution that, in our opinion, does not comply with the Website, the User Contribution Standards, the Site Content, or the Terms and Conditions.
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To take any appropriate legal action, including, but not limited to, referring the matter to law enforcement or legal authorities, or notifying the aggrieved party of any illegal or unauthorized use of the Website. Without limitation, we have the right to fully cooperate with law enforcement or a court order requiring us to disclose the identity or other information about a person who posts material on or through the Website.
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To revoke or suspend your full access to the Website with or without cause, including, but not limited to, a violation of these Terms and Conditions.
YOU WAIVE AND RELEASE THE COMPANY AND ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSEES, ASSIGNS, PROVIDERS, OR SUCCESSORS, WITH RESPECT TO ANY CLAIM ARISING FROM A LAWSUIT BROUGHT BY THE COMPANY AND THE FOREIGN PARTIES REGARDING ANY INVESTIGATION CONDUCTED BY THE COMPANY, ITS PARTIES, OR LAW ENFORCEMENT AGENCIES.
We have no obligation or liability to any party to monitor the Website or its use, and we do not and will not review the material that you or other users submit to the Website. We cannot guarantee the prompt removal of inappropriate material after it has been posted, and we have no legal liability for any actions or inactions regarding transmissions, communications, or content provided by any user or third party, in accordance with the law.
DISCLAIMER
The content of our Website is provided for general informational purposes only. It is not intended to constitute advice or guidance on which you should rely. You should seek further independent or professional advice before deciding whether or not to act on the content of our Website.
Although we make every effort to keep the information on our Website up to date, we do not represent or warrant, expressly or otherwise, that the content of our Website is accurate, complete, or current. Use of the Website is at your own risk, and neither the Company nor its parent companies, subsidiaries, and affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensees, suppliers, or successors, are responsible or liable for your use of the Website.
This Website may feature content provided by THIRD PARTIES, including other users or licensees. Any statements and/or opinions expressed in such THIRD-PARTY content, other than content provided by the Company, are the views and responsibility of the person or entity making such statements. Such content in no way reflects the views of the Company. Neither the Company nor its parent companies, subsidiaries, and affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensees, suppliers, or successors, are responsible and cannot be held liable by you or any third party for the content or accuracy of material published by any third party.
CONFIDENTIALITÉ
By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any user information submitted in accordance with our Privacy Policy, which can be viewed here, which we deem necessary for the use of the Website and the provision of services.
By using this Website, you consent to the use of cookies, which allow the server to recall previous searches, registrations, and/or IP addresses in order to analyze website usage trends. You can configure your browser to notify you before you receive a cookie, so that you can choose whether or not to accept it. You can also refuse cookies by configuring your browser. However, doing so may prevent certain sections of the Website from functioning properly.
THIRD-PARTY WEBSITE
This Website may provide links or pointers to THIRD-PARTY websites to facilitate your browsing. However, we do not guarantee the content of other websites that may be accessible through ours. If you choose to access them, you do so at your own risk. We have no control over their content and accept no liability for these sites or for any loss or damage arising from their use. You must comply with the terms and conditions of these THIRD-PARTY sites.
These links to THIRD-PARTY websites available on our Website may include links to social media features that allow you to link to or share certain content from our Website, either directly or through certain THIRD-PARTY websites. You must therefore use these features only when they are provided by us and solely in connection with the identified content.
You may share a link to our homepage, provided you do so fairly and lawfully and without damaging our reputation. You must not share a link that suggests any form of association, endorsement, or support from us where none exists. Our Website must not be used on another website, nor may you create a link to any page other than the homepage. We reserve the right to revoke permission to use links without notice. The website on which you share a link must comply with the Terms of Use, as well as the standards for User Contributions and Site Content. You agree to cooperate with us to immediately cease any unauthorized use or linking.
ONLINE SHOPPING
Additional terms and conditions may apply to certain sections or features of this Website and are therefore incorporated herein by reference into these Terms and Conditions.
GEOGRAPHICAL RESTRICTIONS
We provide this Website exclusively to users located in Canada. This Website is not intended for use in other jurisdictions, nor is its use permitted there. If you access it from outside Canada, you do so at your own risk and are responsible for complying with the local laws of your jurisdiction.
LIMITATIONS DE GARANTIE
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS FOUND OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ALL SERVICES OR MATERIALS FOUND OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSEES, LICENSORS, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, RELEVANCE, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSEES, LICENSORS, SUPPLIERS, OR SUCCESSORS, MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICE OR MATERIAL FOUND OR OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT BUGS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER HOSTING IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOAD ON THE INTERNET OR ON THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, THE INTERNET, AND THE SECURITY OF YOUR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK OR DISTRIBUTION OF SUCH AN ATTACK, OVERLOAD, FLOODING, EMAIL BOMBING, CYBERATTACK, VIRUS, TROJAN HORSE, WORM, ALGORITHM, OR OTHER MALICIOUS OR TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, COMPUTER PROGRAMS, DATA, OR OTHER TANGIBLE PROPERTY AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY SERVICE OR MATERIAL FOUND OR OBTAINED THROUGH THE WEBSITE, OR YOUR DOWNLOADING OF MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
LIMITATIONS OF LIABILITY
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, NEITHER THE COMPANY NOR ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSEES, LICENSORS, SUPPLIERS, OR SUCCESSORS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR CONFIDENTIALITY, OR OTHERWISE, EVEN IF THE PARTY HAD BEEN EXPRESSLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OR YOUR RELIANCE ON THE WEBSITE, THE WEBSITE, ANY LINKED WEBSITE OR OTHER THIRD-PARTY SITES, OR ANY CONTENT, MATERIAL, DISPLAY, OR INFORMATION THEREOF, EVEN IF THE PARTY HAD BEEN EXPRESSLY ADVISED OF OR HAD REASON TO KNOW OF SUCH DAMAGES.
COMPENSATION
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent companies, subsidiaries, and affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensees, suppliers, or successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms and Conditions or your use of this Website, including, without limitation, your User Contributions, third-party websites, the use of any content on the Website, and services and products not expressly authorized in these Terms and Conditions.
WAIVER
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege under these Terms and Conditions shall constitute, or be construed as, a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder shall preclude the present or future exercise of any such right, remedy, power, or privilege.
SEPARABILITY
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions, nor shall it render such term or provision invalid or unenforceable in any other jurisdiction.
ENTIRE AGREEMENT
The Terms and Conditions and our Privacy Policy constitute the sole agreement between you and Pare-brise Glass Guys regarding the Website and take precedence over all previous and recent agreements, approvals, representations and warranties, oral or written, regarding this subject.
DECLARATION AND CONTACT
This website is operated by Pare-brise Glass Guys - C.P. 79185 Les Galeries de Hull, Gatineau, Qc, J8Y 6V2.
All notices of copyright infringement should be sent to glassguys@live.ca as provided herein.
If you witness any problems on the Website, including libelous and defamatory conduct, you should report them to the Company at glassguys@live.ca.
All other feedback, comments, requests for technical support and other communications related to the Website should be sent to glassguys@live.ca.
DATE: Nov 17, 2021
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