TERMS & CONDITIONS
1. Online Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is owned and operated by Canfornav Inc. in conjunction with its affiliates (collectively “Canfornav Inc.”). These terms and conditions outline the rules and regulations for the use of Canfornav Inc.’s website, Canfornav.com, and other versions of the website located at URLs that point to the domain name Canfornav.com (the “Site”).
Your use of the Site is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms”). By accessing or using the Site, you agree to be bound by the Terms and represent that you have read and understood them. If you do not agree with these Terms and the Privacy Policy (collectively the “Site Policies”), please do not access or use the Site. If you are dissatisfied with these Terms, the Site Policies or the Site, your sole remedy is to cease using the Site.
The following terminology applies to the Site Policies: The use of terms “Client”, “you” and “your” refers to the individual, corporation, organization or entity accessing or using the Site and accepting these Terms. The use of the terms “Canfornav”, “Corporation”, “ourselves”, “we”, “our” and “us” refers to Canfornav Inc., a corporation incorporated under the laws of Barbados, with its head office in Barbados. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. Modifications to the Site
The Corporation may, in its sole discretion, and for any reason, modify, supplement or amend the Site Policies at any time without notice or liability to you or any other person, by posting revised Site Policies on the Site. Your continued use of the Site signifies your acceptance of such revised Site Policies. If you do not agree to these Site Policies as they may be amended from time to time, please do not use the Site. You should review the most recent version of these Site Policies periodically.
We may impose rules for, and limits on, use of the Site or restrict your access to the Site, in whole or in part. We have the right to change such rules and/or limitations at any time and for any reason, in our sole discretion.
We reserve the right to remove or edit any materials or content on the Site (including terminating, changing, suspending or discontinuing any aspect of the Site) at any time and for any reason. We will not be liable to you or any other party for doing so.
3. Cookies
We collect cookies to enable the proper functioning and security of our Site, and to help us offer you the best possible user experience. By clicking on Agree, you consent to the use of these cookies. You can change your cookie settings at any time.
Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our Site to enable the functionality of this area and ease of use for those people visiting.
4. Content of the Site
The Site, including all information and content which forms a part of the Site, including without limitation, all text, design, drawings, data, wallpaper, icons, characters, artwork, images, animations, videos, pictures, photographs, graphics, music, sound, messages, emails, code, software and all organization and presentation of such content (collectively, the “Content”), is the property of Canfornav or our affiliates, suppliers or licensors and is subject to all proprietary rights provided under intellectual property law including without restriction patent, trademark, copyright and trade secret laws.
You acknowledge and agree that the ownership right and title to such rights will continue and remain with Canfornav, our affiliates, suppliers or licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this Site for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of Canfornav. No other copying of this Site, in whole or in part, is permitted without the express written authorization of Canfornav.
You agree that you will not distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of Canfornav, our affiliates, suppliers or licensors or allow any third party to access the Content. The restrictions set forth in these Terms shall not apply to the limited extent that they are prohibited by applicable law.
5. Restrictions
You may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Content from the Site, in whole or in part, for any purpose, without the written consent of Canfornav, except that you may download, display and print the Content presented on the Site for your personal, non-commercial use only. Unauthorized use of the Site and/or the Content contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the Content on this Site. The use of such Content on any Site or in any environment of networked computers is prohibited.
You further agree not to (i) interfere or attempt to interfere in any way with the Site’s networks or its network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system; (ii) redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Site (iii) use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity rights of another; and (iv) use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, provincial, national or international law.
In its sole discretion, in addition to any other rights or remedies available to Canfornav and without any liability whatsoever, Canfornav at any time and without notice may terminate or restrict your access to any component of the Site.
6. Links to Third Party Websites
The Site may provide hyperlinks to third party websites owned or operated by other entities, which are not associated or affiliated with Canfornav (“Third Party Websites“) only for the convenience of its users. The Corporation does not operate, control, endorse or guarantee any Third Party Websites and makes no warranties of any kind regarding Third Party Websites including, without limitation, with regard to the accuracy, availability, suitability or safety of information provided thereon. The inclusion of any hyperlinks to Third Party Websites does not imply recommendation, endorsement, investigation or verification by the Corporation of the linked Third Party Websites or any association with their operators. When you access any Third Party Website through a hyperlink posted on the Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. Our Site Policies do not apply to any Third Party Website and we do not endorse, warrant or guarantee any merchandise or services offered or provided by or on behalf of Third Party Websites. The Corporation shall not be responsible for the content of any hyperlinks to any Third Party Websites and makes no representation or warranty regarding any Third Party Websites or the contents on such Third Party Websites. If you decide to access other web sites, you do so at your own risk. Framing of the Site or any of its Content in any form and by any method is strictly prohibited.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY CANFORNAV. UNDER NO CIRCUMSTANCES WILL CANFORNAV OR ANY OF ITS AFFILIATES, CONTENT OR SERVICE PROVIDERS OR THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF EACH OF THE FOREGOING BE LIABLE FOR DAMAGES ARISING FROM HYPERLINKING TO ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED BY OR THROUGH ANY THIRD PARTY WEBSITE.
7. Disclaimer and Limitation of Liability
ALL OF THE INFORMATION CONTAINED ON THIS SITE IS FOR INFORMATION PURPOSES ONLY. THE SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CANFORNAV MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. CANFORNAV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CANFORNAV DOES NOT WARRANT THAT THE SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. CANFORNAV MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL CANFORNAV BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS), HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE SITE.
8. Indemnification
The Corporation and its affiliates shall not be liable for any use of the Site and its content by you in violation of any applicable laws or the Site Policies.
You will be solely responsible, and agree to defend, indemnify, save and hold harmless the Corporation, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing, from any and all claims, cause of action or demand, liabilities, damages, costs and expenses, including reasonable attorney’s fees (and judicial and extra-judicial fees and disbursements), arising from, related to or in connection with your use of the Site and its content or your violation of any of the Site Policies.
9. Notices
All notices given by you to us must be given by contacting us in writing at Contact us. We may give notice to you at either the e-mail or postal address you provide to us when contacting us.
10. Binding Nature; Assignment
The Site Policies are binding on you and us and on our respective heirs, legatees, representatives, successors and assigns and, as indicated herein, are for the benefit of Canfornav, its affiliates, as well as their respective content and service providers and the directors, officers, employees and agents of each of the foregoing.
11. No Waiver
No failure of Canfornav to enforce any of its rights or remedies under the Site Policies will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the Site Policies shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of Section 9 (Notices).
12. Severability
If any provisions of any of the Site Policies are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Entire Agreement
These Terms and any document expressly referred to in them (including, without limitation, the Site Policies), represent the entire agreement between you and us in relation to the subject matter of these Terms or any such document referred to herein, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms and any such document referred to herein, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms or any such document referred to herein, except as expressly stated in these Terms or any such document referred to herein.
14. Law and Jurisdiction
Any disputes arising out of or relating to any of the Site Policies, use of the Site, the products and the services offered through the Site shall be resolved in accordance with the laws of the Province of Quebec without regard to its conflicts of law rules. Any such disputes must be brought before the courts of the Province of Quebec in the City of Montreal, Quebec and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
15. Language
The parties have requested that these Terms and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
