Please read this Agreement carefully before using the Site or the services available at the Site. By using or visiting the Site, you confirm your acceptance of the terms of this Agreement. This Agreement, along with any other policies or guidelines posted on the Site, shall govern your use of the Site, whether you access the Site directly or through a third-party web site. Certain areas, features, or functionality of the Site, may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this Agreement; in the event of such a conflict, the Additional Rules will control.
By visiting the Site OR posting or viewing any content on the Site, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement and each of its terms. If you do not agree with the terms of this Agreement, please do not use the Site.
A. Changes to this Agreement
B. Account Information
Hortau will provide to its clients a username and a password which will enable them to access and use a secured portion of the Site. If you are in possession of such username and password, you will be responsible for preserving their confidentiality and will notify Hortau of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your username or password is being used. We also recommend that you keep your username and password private and always sign-off of your account and close your browser when you are finished using the secured portion of the Site.
You should not authorize any third party to access or to use the Site in order to act on your behalf. If you do so, you will be responsible for all acts and/or omissions of that third party on or in connection with the Site. You are responsible for maintaining the confidentiality of your password, and you are fully and always responsible for all activities that occur under your password. You agree to immediately notify us in writing any unauthorized use of your password or account information, or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
Hortau reserves the right to access and disclose any information including, without limitation, account information to comply with applicable laws and lawful government requests. You must be at least 13 years old to use the Site.
C. Restricted Use
The Site is provided solely as a convenience to you for non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations and with this Agreement. You acknowledge and agree that Hortau in its sole discretion and without notice or any further obligation to you may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site. You further agree that you will not:
(a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of the Site or the Content, or transfer, or sell any Content (as defined hereafter);
(b) use any data mining, robots, or similar data gathering and extraction methods from the Site;
(c) other than for your use of the Site as expressly permitted in this Agreement, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;
(d) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site; or
(e) use any meta tags or any other “hidden text” utilizing a Hortau’s name, trade-mark, or product name without Hortau’s express prior written consent.
For the purposes of this Agreement, “Content” means collectively, but without limitation, any text, images, graphics, software (including source code, object code and related documentation), audio files, videos, articles, trade-marks, logos and other information or content available through the Site and the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.
D. Intellectual Property Rights
As between you and Hortau, the Site and the Content that is made available through the Site is the property of Hortau, and is protected by Canadian and foreign copyright, trade-mark and other intellectual property laws. No Content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Content on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Hortau’s copyright, trade-mark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, the use of any such Content on any other web site or networked computer environment is prohibited.
Hortau respects the intellectual property rights of others, and we ask you to do the same. Hortau may at its discretion terminate service and/or access to the Site for users who infringe the intellectual property rights of Hortau or others.
E. No Framing
Without the prior written permission of Hortau, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the Content of the Site, or incorporate any intellectual property of the Site or Hortau.
You may not use any trade-mark or service mark appearing on the Site without the prior written consent of Hortau, or the owner of the mark.
G. Permission to Reprint
The Content on the Site, without limitation, is protected by Canadian and foreign copyright and trade-mark laws. In order to request permission to reprint any Content on the Site (outside of personal, non-commercial use), please write to:
1112 boul.de la Rive-Sud, bureau 200
G6W 5M6 CANADA
H. Permission for Web-linking
To request permission to place a link on your web site to enable users to click through from your web site to the Site, please send your name, address, web site URL, and nature of the web site to:
1112 boul.de la Rive-Sud, bureau 200
G6W 5M6 CANADA
I. Notification Regarding Communications from Hortau
By registering with the Site, you understand that we may send you communications or data from the Site, including but not limited to (i) notices about products or services in which we believe you may be interested, newsletters or any other promotional material regarding Hortau . By using and registering on the Site, you agree to receive such email messages from us.
We will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in paragraph L of this Agreement.
J. Opting Out
We want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information from us, please let us know by calling us at 1.418.839-2852 or by writing us at 1112 boul. de la Rive-Sud, bureau 200, Saint-Romuald, Québec, G6W 5M6, Canada. Please be sure to include your full name and the e-mail address you used when you registered with us. It may take up to 10 days to process your postal mail request, during which period you may continue to receive communications from Hortau. You may also unsubscribe by using the unsubscribe link situated at the bottom of any promotional message you receive from Hortau.
K. Disclaimer of Warranties
We work hard to make the Site interesting but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Site.
HORTAU MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE”. HORTAU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. HORTAU DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENT, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE OR ITS CONTENT, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. HORTAU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HORTAU) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, HORTAU DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENT, OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT. IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. HORTAU THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.
L. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HORTAU BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCLUDING LOSS OF BUSINESS, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF HORTAU OR A HORTAU AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify us, defend us, and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or any use or misuse of the Site for which you may be responsible. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to these indemnification obligations, in which case you will fully cooperate with us in asserting any available defenses.
O. Termination of Service
We reserve the right, in our sole, exclusive, and complete discretion, and without cause and/or without notice to (i) terminate without notice your ability to access or use the Site and (ii) delete any data.
Should any provision of this Agreement be contrary to the law, void or unenforceable for any reason whatsoever, that provision shall be deemed severable from the Agreement and shall not affect the validity or enforceability of other provisions.
Q. Assignment of the Agreement
We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of this Agreement, to any other party. Any attempt by you to do so is void.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Except for your personally identifiable information, any communication or material you transmit to the Site by email or otherwise, including any data, questions, comments or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Hortau for any purpose, including but not limited to, reproduction, disclosure, transmission, publication and, broadcast. Furthermore, Hortau is free to use any idea, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
U. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You and Hortau hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. You and Hortau further agree to submit to the exclusive jurisdiction of the courts of the province of Quebec, district of Montreal.