Terms and Conditions
This website (“Website”) is offered to you by 10166570 Canada Inc. dba Y-Estates (“Company”), subject to your acceptance of the terms and conditions (“Terms and Conditions”) contained herein.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITE.
1. Ownership of Website and its Materials
All right, title and interest in the Website is owned by or licensed by the Company. The materials provided on the Website including, without limitation, all content, site design, text, graphics, logos, signs, trademarks and all other materials (collectively the “Materials”) are protected by copyright, trademark and other intellectual property laws and such Materials are the sole and exclusive property of the Company. Any unauthorized use of the Materials is strictly prohibited.
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2. Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website without the express written consent of the Company, which consent shall be at the Company’s sole discretion.
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3. Modification of these Terms and Conditions
The Company reserves the right to amend these Terms and Conditions at any time by posting the amended terms on the Website, which posting shall constitute notice to you. Your continued use of the Website following such notice will constitute your: (a) acknowledgement of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions. All amended Terms and Conditions will immediately become in force at the time of their posting.
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4. Disclaimer
YOUR USE OF THE WEBSITE AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK AND THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OF ANY DATA OR OTHER LOSSES OR DAMAGES THAT MAY ARISE FROM THE USE OF THIS WEBSITE.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE COMPANY, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT. THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, CORRECTNESS OR RELIABILITY OF ANY INFORMATION OBTAINED, THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES, ERRORS AND OMISSIONS, AND THE COMPANY EXPRESSLY EXCLUDES LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS.
ANY MATERIALS AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS AND/OR DATA ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIALS AND/OR DATA.
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5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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6. Exclusive Remedy
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
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7. Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
You agree not to upload or otherwise transmit through the Website any unlawful, harassing, false, misleading, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website. You agree not to upload or otherwise transmit to or through the Website any material that: (i) infringes on any rights of third parties; and/or (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user’s equipment or software.
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8. Links to Other Sites
The Website may contain links to other websites, services or resources on the Internet (“Linked Sites”) operated by parties other than the Company. Such Linked Sites are not under the control of the Company and you acknowledge that the Company is not responsible or liable for the contents, functionality, accuracy, security, compliance or any other aspect of any Linked Site. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services available on or through any Linked Site. The Company is providing you with links to the Linked Sites as a convenience and the inclusion of any such link does not imply endorsement by the Company of the Linked Site or any association with its operators.
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9. Indemnification
You agree to indemnify and hold the Company, its subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages and losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or your breach of these Terms and Conditions.
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10. Termination
Either you or the Company may terminate this relationship with or without cause at any time.
You agree that the Company may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of the Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.
Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website.
The Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
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11. Applicable Law and Governing Law
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada. All proceedings in connection with these Terms and Conditions shall be exclusively submitted to the Courts of competent jurisdiction of the Province of Quebec, City of Montreal. You are solely responsible for ensuring that your use of the Website is in compliance with all applicable laws.
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12. Severability
In case any of the provisions of these Terms and Conditions shall, for any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
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13. Entire Agreement
These Terms and Conditions contain the entire agreement between you and the Company with respect to the subject matter hereof and supersedes any and all prior agreements and understandings between you and the Company.
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14. Contacting the Company
If you have any questions about these Terms and Conditions or this Website, please contact us at [legal@yestates.com].