Terms and conditions

TABLE OF CONTENTS

1. ACCEPTANCE OF TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PROHIBITED ACTIVITIES

6. USER-GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. SUBMISSIONS

9. WEBSITE AND THIRD PARTY CONTENT

10. ADVERTISERS

11. SITE MANAGEMENT

12. PRIVACY POLICY

13. TERM AND TERMINATION

14. MODIFICATIONS AND INTERRUPTIONS

15. APPLICABLE LAW

16. SETTLEMENT OF DISPUTES

17. CORRECTIONS

18. DISCLAIMER

19. LIMITATIONS OF LIABILITY

20. INDEMNIFICATION

21. USER DATA

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

23. MISCELLANEOUS

24. CONTACT US

1. ACCEPTANCE OF TERMS

These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”) and Cofinia Inc. (“Company”, “we”, “us” or “our”), regarding your access to and use of the cofinia.ca website and any other form of media, media channel, mobile website or mobile application linked, linked or otherwise connected thereto (collectively, the “Site”). We are registered in Canada and have our head office at 310-5075 Wilfrid-Hamel Blvd. Wilfrid-Hamel , Quebec , Quebec G2E 5G3 . You acknowledge that by accessing the Site, you have read, understood and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USING IT IMMEDIATELY.

Any additional terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “last updated” date on these Terms of Use, and you waive any right to receive specific notice of each such change. Please be sure to check the applicable terms and conditions each time you use our site so that you understand which terms apply. You will be subject to, and will be deemed to have notice of and to have accepted, changes to the revised Terms of Use by your continued use of the Site after the date on which such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within that jurisdiction or country. Accordingly, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use before using the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, the Site is our exclusive property and all source code, databases, functionality, software, web designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the Marks, service marks and the logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by United States copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no portion of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.

Provided that you are authorized to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any Content properly accessed solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have legal capacity and agree to abide by these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Site; (5) you will not access the Site by any automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all uses of your account and password. We reserve the right to delete, retrieve, or modify a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used for any commercial activities, except those specifically approved or endorsed by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
• Deceive, defraud or mislead us and other users, particularly in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site and/or the Content it contains.
• Denigrate, tarnish or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site to harass, abuse or harm another person.
• Misuse our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner that does not comply with applicable laws or regulations.
• Engage in unauthorized framing or linking to the Site.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other items, including excessive use of capital letters and spam (continuous posting of repetitive text), that interfere with any party’s uninterrupted use and enjoyment of the Site or modify, disrupt, impair or interfere with the use, features, functions, operation or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Remove the copyright or other proprietary rights notice from any content.
• Attempt to impersonate another user or person or use another user’s username.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmitting mechanism, including, but not limited to, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
• Interfere with, disrupt or create excessive load on the Site or networks or services connected to the Site.
• Harass, annoy, intimidate or threaten any of our employees or agents hired to provide you with any part of the Site.
• Attempt to circumvent any measure of the Site designed to prevent or restrict access to the Site, or any portion thereof.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript or any other code.
• Except to the extent permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software comprising or consisting in any way of a part of the Site.
• Except to the extent that may result from the standard use of a search engine or Internet browser, use, launch, develop or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper or offline player that accesses the Site, or use or launch any script or other unauthorized software.
• Use a purchasing agent or a purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses.
• Use the Site in any effort to compete with us or otherwise use the Site and/or the Content for any revenue generating or commercial enterprise.
• Use the site to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

6. USER-GENERATED CONTRIBUTIONS

The Site does not offer users the opportunity to submit or publish content. We may offer you the opportunity to create, submit, publish, post, transmit, perform, publish, distribute or broadcast content and materials to us or on the Site, including, but not limited to, text, writing, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, “Contributions”). Contributions may be visible to other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site’s Privacy Policy. When you create or make available Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display or performance, and access, downloading or copying of your Contributions does not and will not infringe any proprietary rights, including but not limited to copyright, patent, trademark, trade secret or moral rights of any third party.
• You are the creator and owner of, or have the necessary licenses, rights, consents, permissions and authorizations to use and authorize us, the Site and other users of the Site to use your Contributions in the manner contemplated by the Site and these Terms of Use.
• You have the written consent, authorization and/or permission of each person identifiable in your Contributions to use the name or likeness of each such identifiable person to enable inclusion and use of your Contributions in the manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, denigrate, intimidate or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against any person or class of persons.
• Your Contributions do not violate any applicable law, regulation or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law regarding child pornography, or otherwise intended to protect the health or welfare of minors.
• Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
• Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process and use any personal information and data you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other comments regarding the Site, you agree that we may use and share such comments for any purpose without compensation to you.

We do not assert any ownership rights in your Contributions. You retain full ownership of all your Contributions and all intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Submissions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless and refrain from taking any legal action against us regarding your Contributions.

8. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site (“Submissions”) that you provide to us are not confidential and shall become our exclusive property. We will own exclusive rights, including all intellectual property rights, and will have the right to unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in such Submissions, and you hereby warrant that such Submissions are original to you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

9. WEBSITE AND THIRD PARTY CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software and other content or materials owned or originated by third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or Third Party Content. The inclusion of, link to, or permission to use or install third-party websites or any third-party content does not imply our approval or endorsement. If you decide to leave the Site and access Third Party Websites or use or install any Third Party Content, you do so at your own risk and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data collection practices, of any website to which you link from the Site or relating to any application you use or install from the Site. Any purchases you make through third-party websites will be made through other websites and with other companies, and we assume no responsibility for those purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on the Third Party Websites and you will hold us harmless for any damages caused by your purchase of such products or services. In addition, you shall hold us harmless for any loss suffered by you or damage caused to you in connection with or resulting in any way from any third party content or contact with third party websites.

10. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar or banner ads. If you are an advertiser, you assume full responsibility for any advertisements you place on the Site and for any services provided on the Site or products sold through such advertisements. In addition, as an advertiser, you warrant and represent that you have all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

11. MANAGEMENT OF THE SITE

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable any files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. PRIVACY POLICY

We care about privacy and data security. Please review our privacy policy: https://cofinia.ca/confidentialite/ . By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United States. If you access the Site from any other part of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the laws applicable in the United States, then, through your continued use of the Site, you are transferring your data to the United States, and you consent to have your data transferred to and processed in the United States.

13. DURATION AND TERMINATION

These Terms of Use shall remain in full force and effect while you are using the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of the third party making the party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal and injunctive actions.

14. CHANGES AND DISCONTINUANCE

We reserve the right to change, modify or discontinue the content of the Site at any time or for any reason, at our sole discretion and without notice. However, we have no obligation to update the information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice. You agree that we shall have no liability for any loss, damage or inconvenience caused by your inability to access or use the Site during any interruption or discontinuance of the Site. Nothing in these Terms of Use shall be construed as obligating us to maintain and support the Site or to provide any corrections, updates or releases in connection therewith.

15. GOVERNING LAW

These Terms are governed by and defined in accordance with the laws of Canada. You and Cofinia Inc. irrevocably consent to the exclusive jurisdiction and venue of the courts of Canada to resolve any dispute that may arise in connection with these Terms.

16. DISPUTE RESOLUTION

You agree to irrevocably submit to the jurisdiction of the Canadian courts for all disputes arising out of the Terms or the relationship established by this Agreement. Cofinia Inc. also reserves the right to bring an action on the merits in the courts of the country in which you reside or, if these Terms are entered into in the course of your business or profession, in the state of your principal place of business.

17. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time without notice.

18. DISCLAIMER

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THIS SITE (4) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR VIA THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE ARE NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20. INDEMNIFICATION

You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising from: (1) your use of the Site; (2) your violation of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of any third party’s rights, including, but not limited to, intellectual property rights; or (5) any overtly prejudicial act toward any other user of the Site with whom you have connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding for which we are required to indemnify you as soon as we become aware of it.

21. USER DATA

We will retain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we routinely perform routine data backups, you are solely responsible for any data you transmit or that relates to any activity you undertake while using the Site. You agree that we will have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption of such data.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Site, sending e-mails to us, and filling out online forms are electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by e-mail and on the Site, satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under any statute, regulation, rule, order or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic records, or payments or the extension of credit by any means other than electronic means.

23. MISCELLANEOUS

These Terms of Use and any policies or operating rules published by us on or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is held to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any other provision. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use shall not be construed against us for having written them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signature by the parties hereto to enforce these Terms of Use.

24. CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at

Cofinia Inc.

310-5075, boul. Wilfrid Hamel

Quebec City, Quebec G2E 5G3

Canada

Telephone: + 1 (581) 748 – 9904

magiroux@cofinia.ca

These terms of use were created using Termly’s terms and conditions generator.