TERMS OF USE

Welcome to the brand’s website Kenotronix (the “ Site Which is owned and operated by Kenotronix Ltd. (collectively, “Kenotronix”, “We”, “Our”, or “Our”). Please read these terms of use carefully (“ Terms of use ») Before using the services of this Site. You can access Our Site from a computer or via a mobile device and these Terms of Use will govern your use of Our Site, regardless of the means of access used. THESE TERMS OF USE SET THE LEGALLY BINDING TERMS FOR YOUR USE OF THIS SITE AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS, RELATED SOFTWARE GADGETS OFFERED, OR FOR ANY PURCHASE MADE THROUGH THIS SITE.

These Terms of Service apply to all users of the Site, including, but not limited to, users who contribute content, information and other materials or services to the Site. Your access to and use of the Site is subject to the version of the Terms of Use posted on the Site at the time of use. If you do not agree to these Terms of Service, then you do not have the right to access, view, download or use the Site in any other way, or to purchase products from it. or services and, accordingly, you must not do so.

We may, at Our sole discretion, modify, add or remove portions of these Terms of Service at any time in the future. It is your responsibility to review these Terms of Use to verify changes before using the Site, and in any event, your continued use of the Site after the posting of changes to these Terms of Use constitutes your acceptance. of any change. We notify you of any changes to this content by posting a notice of change on the Site and / or, at Our sole discretion, by email.

CONFIDENTIALITY . We have put in place a Privacy Policy to inform you of our practices in collecting, using, disclosing and protecting your information. You can find the Privacy Policy, which is incorporated into these Terms of Use, by clicking Here , and by using this Site, you agree to the terms of the Privacy Policy.

TERMS AND CONDITIONS . You agree to use the Site only for lawful purposes and in accordance with all international, federal, state and local laws. Except as expressly permitted by these Terms of Service, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, exhibit, transmit, adapt, frame, link, rent, license, lend, sell, license or otherwise exploit the content of the Site.

ELIGIBILITY . You represent and warrant that (a) you are over the legal age of majority in your jurisdiction of residence (if you are a minor, your parents’ prior permission is required), (b) you have not been suspended or fired from the Site before, (c) you have no more than one (1) account on the Site at any time, (d) you will only provide us with true, accurate, current and complete information if you register to create an account and / or place Orders (defined below). If We believe or suspect that your information is not true, accurate, current or complete, We may deny or deny you access to the Site or the services (or any part of the foregoing) and (d) you have the power and authority to agree to the Terms of Service and by doing so you are not violating any other agreement to which you are a party.

Access to the Site and / or certain sections of the Site may require the use of PIN codes. In this case, it is your responsibility to take the necessary measures to keep these codes secret. You can change them at any time. However, the number of attempts to access the Site and / or certain parts of the Site may be limited in order to avoid any fraudulent use of these codes. Please notify Us of any fraudulent use of which you may become aware. In the event of a violation of the rules set out in these Terms of Use, We reserve the right to suspend your access.

Additional costs for accessing and using the Internet are your responsibility.

YOUR ACCOUNT . When you open an Account, you are asked to provide your name and email address and to select a password (collectively, your “ Account Info ”), Which you cannot transfer to or share with any third party. If anyone accesses Our Site or Services with your Account Information, We rely on that Account Information and We assume that it is you or your representative who is accessing the Site and the Services. You are fully responsible for all use of your Account Information and for all Orders and activities that occur under or are related to that Account. Without limiting any rights that We may otherwise have, We reserve the right to take any action We deem reasonable and necessary to ensure the security of the Site and your Account, including, but not limited to, closing your Account, changing your password or requesting additional information to authorize transactions on your Account. You agree to be responsible for any acts or omissions committed by any user accessing the Site or the Services with your Account Information which, if caused by you, would be considered a violation of these Terms of Service. Under no circumstances can We be held liable to you for any damages resulting from or arising from (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or your password, and (iii) any unauthorized access to your Account or unauthorized use of your password. At no time may you use anyone else’s Account without the permission of the holder of that Account. Please notify Us immediately as soon as you become aware that your Account Information is being used without your permission. You agree not to register with more than one Account, not to register an Account in the name of an individual other than yourself without the authorization of that individual, or to register an Account in the name of a group or ‘any entity.

USER CONTENT . We are open to comments, information and input from users. In addition, you and other users of the Site may from time to time have the opportunity to post on the Site certain ideas, concepts, information, data, texts, Our music, sounds, photographs, graphics, videos, messages and comments on our products, advertisements and other promotional materials or events, facts, tips, “tips”, opinions and other materials (collectively, the “ User content “). Subject to Our Privacy Policy, any User Content that you post to this Site is considered non-confidential and non-proprietary and may be viewed by you and / or other users of this Site. You also agree that we, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques incorporated into any User Content that you send to Us for any purpose, including but not limited to ” limit the development, manufacture and marketing of products, services and content using such information, without giving you credit, notice, or compensation or asking for your approval.

This User Content is authorized for all purposes of internal or external, institutional or financial communication, advertising, public relations, historical or archival purposes, of Kentronix or its subsidiaries, its products and / or its brands, in particular on the media following:

• Display in all formats, in unlimited quantity;
• Written press, unlimited number of publications;
• Publishing, unlimited number of publications, in particular publishing for internal communication purposes, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, flyers for conventions, trade shows, stands , etc. ;
• B-to-B communication, in the professional press, for an unlimited number of publications and / or quantities;
• Electronic, computer, digital, multimedia, Internet and Intranet publication, via any website (whatever the site and / or medium, including social networks such as Facebook, Twitter, YouTube, Snapchat or Instagram), unlimited number of inserts and mailings;
• Via any advertising medium (including advertising in retail outlets and on Kenotronix brand products).

You also agree that We and Our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Content that you send to us for any purpose, including, but not limited to , the development, manufacture and marketing of products, services and content using this information, without any credit, notice, approval or compensation.

We cannot guarantee that other users will not copy, modify, distribute or otherwise use User Content that you share. Therefore, if you have an idea or information that you want to keep confidential and / or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for the misuse or misappropriation of any User Content that you post on the Site.

This authorization gives Us the ability to adapt your Content as initially set and / or to make any clarifications to User Content that We deem useful, provided that User Content does not alter your image or words.

In addition, the use of User Content may include anonymous information such as your city, country or age, and / or, if you have expressly authorized it, information allowing your identification such as your first name, or your pseudonym. .

Any User Content that you post to this Site will be chosen by you and will be your sole responsibility. However, We remind you that User Content must not conflict with applicable law, accepted moral standards, or the principles set forth herein. In this regard, We reserve the right to remove at any time any User Content that may not comply with these Terms of Service, including user behavior.

REVIEW OF SUBMISSIONS . We have no obligation to verify the identity of any user logged on to the Site or to monitor User Content that has been provided by users. You acknowledge that We may or may not verify, monitor, review, edit or remove User Content posted by you or any other user on the Site. We and our delegates retain the right to modify, move, refuse, block or delete any User Content, in whole or in part, with or without reason, with or without notice. We and our delegates We also reserve the right to access, read, preserve and disclose any information We have reasonable grounds to believe is necessary to (i) respond to any law, regulation, legal process or government request; (ii) enforce these Terms of Service, including to investigate any potential violation thereof; (iii) detect, prevent or resolve fraud, security or technical issues; (iv) respond to user requests for assistance; or (v) protect our rights, property or safety, users of the Site and the public. In any event, We cannot be held liable for any damages of any kind arising from any breach, non-breach or delay in the removal of such User Content, even when We are made aware of the possibility such damage.

USER CONDUCT . By posting User Content on or in any other way using any communication or other interactive service that may be made available to you on or through the Site from time to time, you agree that you are the sole person and / or responsible entity that originates such User Content. You also agree that User Content is a true expression of your opinion and opinion based on the use of our products and that you will disclose that you have received any free product or other incentive in exchange for your User Content. Additionally, you agree not to access or use the Site for any purpose prohibited by these Terms of Use. You are responsible for all your activities in connection with the Site.

By way of non-limiting examples, you agree not to (and will not allow any third party to) use the Site: (a) to upload, post, email or transmit by any other means any User Content that is inaccurate, illegal, harmful, threatening, embarrassing, abusive, harassing, damaging, defamatory, vulgar, obscene, offensive , profane, deceptive, fraudulent or hateful, which invades a person’s privacy, or which contains or depicts nudity, or explicit or crude descriptions, or accounts of sexual or violent acts (including including, but not limited to, language that is sexual or of a violent or threatening nature directed at another person or group of persons), or that is in any other way inappropriate, as determined by Us in Our sole discretion ; (b) to harm any person in any way; (c) to upload, post, email or otherwise transmit any User Content (i) who victimizes, harasses, degrades, or intimidates any individual or group of individuals on the basis of any objectionable categorization, including, without limitation, religion, gender, orientation gender, race, color, creed, ethnicity, nationality, citizenship, age, marital status, veteran status or disability; (ii) that infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary property right of any party; and (iii) that you do not have the right to transmit under any law whatsoever, or under a contractual or fiduciary relationship (such as inside information, confidential information, of a proprietary nature or to which applies an intellectual property right, learned or disclosed in the course of an employment relationship or under non-disclosure agreements); (d) to upload, post, email or transmit by any other means any material containing software viruses or any other code, file, worm, logic bomb or computer program designed or intended to interrupt, put out of service , damage, destroy or limit the functioning of the Site, or any software or computer equipment, or telecommunications, or any other destructive activity of a similar nature; (e) to gain unauthorized access to any system, data, password or other information; (f) to interfere with or interrupt the operation of the Site, or servers, or networks linked to the Site, or to disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (g) to violate, intentionally or unintentionally, any applicable international, national, state or local law, as well as any rules, regulations, orders, directives and others having the force of law; (h) to upload, post, email or transmit by any other means, or take any other action relating to your use of the Site, which constitutes or in any way encourages criminal conduct or may result in the public liability ; (i) for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (j) to solicit others to participate in or become members of any other online business service, or group, or organization, whether online or offline; (k) to impersonate any person or entity, including providing Us with false Personal Information of any kind (including a fake username), or creating an account for any other person than yourself; (l) to disclose the identity documents or sensitive financial information of any person; or (m) to violate the Privacy Policy. Violation of any of the foregoing provisions may result in the immediate termination of your authorization to access or use the Site and may subject you to federal, or provincial, or other legal consequences. We reserve the right, but have no obligation, to investigate your use of the Site in order to (1) determine whether a violation of the Terms of Use has occurred or (2) comply with any law, regulation, legal process or government request.

If you become aware of any such User Content that could condone crimes against humanity, incite racial hatred and / or violence, or relate to child pornography, you must notify Us immediately at the ‘following email address legal@kenotronix.com, or by sending a detailed letter to the following address 2609 rue des Pruches, Québec, QC, G1G 2A9, specifying in your email or letter the date on which you discovered this content, your identity, URL, description of the content in question and author code.

NON-APPROVAL . We do not control the User Content posted on the Site and therefore, We do not accept any liability and make no warranty with respect to such User Content, its veracity, accuracy, reliability, integrity or quality. . It is not Our decision to determine whether User Content infringes the rights of others, and We have no control over whether you, or others, may find User Content of such a nature offensive. User Content includes the opinions, statements and content of third parties, not our own. You acknowledge and agree that the information and opinions expressed by you and other users in User Content appearing on the Site do not necessarily reflect our opinions or those of our content providers, advisors, sponsors, affiliates or related entities, and that We do not endorse or recommend any User Content or any other content posted by you or any other user, or otherwise accessible on the Site. We expressly disclaim any obligation or liability in connection with User Content, and no relationship or confidential or fiduciary agreement is established by Our receipt or acceptance of such material.

OUR RIGHT TO USE USER CONTENT . You are under no obligation to submit anything to Us, but if you choose to submit any User Content to the Site, such content is considered non-confidential and non-proprietary and may be used by us, our affiliates or otherwise. ‘others without restrictions. You represent and warrant that you own or otherwise control all rights in the User Content you submit, and that Our posting and use of such User Content does not infringe or violate the rights of any third party in any way. whether, including, but not limited to, any privacy rights, publicity rights, copyright, contractual rights or any other intellectual or exclusive property rights. By submitting, sending, posting, uploading, modifying or otherwise providing Us with information, materials or any other form of communication, including User Content, whether solicited or not, you are granting Us, and to our delegates, the right and permission free of rights, fully liberated, unconditional, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and assignable, to use, copy, reproduce, modify, adapt, publish, translate , derive derivative works from, improve, distribute, market, produce or display such User Content (in whole or in part) worldwide and / or integrate it with other works in any form, media or with any technology known at that date or created subsequently and for all purposes, including, but not limited to, for advertising and promotional purposes, reproduction, transmission, publication and dissemination, without seeking any further consent from you and / or without giving you or any third party credit, compensation or notice. You hereby also grant each user of the Site a non-exclusive authorization to access your User Content through the Site and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and present such User Content. We and our delegates also have the right, but not the obligation, to use your username (as well as your real name, image or other identifying information, if provided in connection with User Content. ), your city and state in connection with the distribution, printing, online posting, or other uses or types of posting of your User Content. We and our delegates may use or transfer, remove or delete any User Content without restriction, and users of the Site are not entitled to any compensation whatsoever for any use, transfer or deletion of any User Content. ‘User Content from Us. Notwithstanding the foregoing, personally identifiable information included in User Content, if any, is handled in accordance with Our Privacy Policy.

This authorization also grants us the royalty-free, fully released, unconditional, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and assignable right and authorization to use your videos, photos and / or any other content posted in line (for example, Instagram, Facebook, Twitter or another platform) in addition to any content in which you have “tagged” or used a “hashtag” of our brands or campaigns, as well as your social network ID, your name. user, profile picture, caption, and location information you may have included in any media content.

TRANSMISSION OF MATERIALS . You understand that the transmission and technical processing of the Site may involve (a) transmissions between various networks and (b) modifications to conform and adapt to technical requirements for connection to networks or devices. We assume no responsibility for the deletion or inability to store any postings or other information submitted by you or other users of the Site.

You agree not to obtain, collect or store information about users of the Site, or User Content, nor to use such information for any purpose incompatible with the purpose of the Site or to transmit or facilitate transmission. advertisements, spam or bulk emails, or unwanted communications. You can not : (i) take any action that imposes or may impose (as determined by Us and in Our sole discretion) an unreasonable or disproportionate load on Our infrastructure; (ii) harm or attempt to harm the proper functioning of the Site or any activity carried out on the Site; (iii) circumvent any measures We may use to prevent or restrict access to the Site or parts of it (or other accounts, computer systems or networks connected to the Site); (iv) perform any form of auto-responder or “spam” on the Site; (v) use software, devices or other manual or automated processes to “index” or “collect information” on any page of the Site; or (vi) harvest or capture any content on the Site.

AVAILABILITY OF PRODUCTS AND SERVICES . The availability of the products and services described on the Site, as well as the descriptions of such products and services, may vary depending on location and time.

COOKIES . Cookies are small files that are left on your device when you browse the Website (such as the pages viewed, the date and time of this access, etc.) and which can be read when you access the same.

For more information on the use of cookies, please see Our Privacy Policy.

COMPETITION . This Site may, from time to time, offer contests offering prizes or requiring you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before entering.

INTELLECTUAL PROPERTY RIGHTS . This Site and all its content, including, but not limited to, articles, other texts, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, and excluding User Content (collectively, the ” Proprietary Equipment ”), Are protected by copyright law, trademark law and all other laws of Canada, as well as by international conventions and the laws of other countries. Proprietary Material is owned or controlled by Us or by other parties who have granted Us their rights in it.

Except as otherwise provided in these Terms of Use, or without Our express prior written permission, you may not, and you agree not to, use, publish, reproduce, display, exhibit in public, create works derived from, reverse engineer, decompile, disassemble, distribute, license, transfer, sell, copy, publish, integrate into a database, download, transmit or modify the Proprietary Material or any part thereof, for any purpose and by any means, method or process whatsoever already known or subsequently created. Altering materials appearing on the Site or using such materials for any other purpose constitutes a violation of Our copyright and other proprietary rights.

We may make available to you via this Site content that you are authorized to download (hereinafter the “ Downloadable content “). We grant you, for your personal and private use only, free of charge and for the duration of the legal protection of intellectual property rights as defined by applicable laws, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Site is prohibited. By downloading or using this Downloadable Content, you agree to use it in accordance with these Terms of Service.

In the event that We provide you with a Site which allows you to modify an image (in particular to virtually test a cosmetic product), you hereby acknowledge and agree that this Site will only be intended for your private use and in accordance with its destination. You are not authorized to make any use of this Site which could damage the honor, reputation or rights of a third party.

CLOSING AN ACCOUNT . We may, when circumstances warrant, terminate your account for the Site or any other affiliated site in the event of repeated violations. If you believe that a user has committed repeated violations, you must immediately notify us at the following email address legal@kentoronix.com, or by sending a detailed letter to the following address at 2609 rue des Pruches, Quebec, QC , G1G 2A9. Please provide us with sufficient information to enable us to verify that the user has committed repeated violations.

THIRD PARTY SITES AND LINKS . You may be linked to third party sites, services or resources on the Internet from the Site, and third party sites, services or resources may contain links to the Site (collectively, “ Linked Sites “). We are not responsible for the content, availability, advertising, product services or other material present on said Linked Sites, whatever they are, or any other links they contain, and the presence of links to the Sites. Linked on Our Site does not imply that We approve or endorse any material that the Linked Sites contain, or to which they provide access. Under no circumstances can we be held liable, directly or indirectly, to you or any other person or entity, for any loss or damage, whatsoever, arising from or caused by the creation or use of the Sites. Linked, or by the information or materials accessible through the Linked Sites.

THIRD PARTY MERCHANTS . The Site may allow you to order and receive products, information and services from businesses that are not owned by Us and that We do not operate. The purchase, payment, warranty, delivery, maintenance and all that relates to the merchandise, services or information, opinions or advice ordered from or received from such companies relates only to you and such companies. We do not endorse or warrant any such products, information or services and are not responsible for the accuracy, completeness or usefulness of any such information or the quality or availability of such products and services, whatever. ‘they are. We are not a party and in no way responsible for monitoring any product, service or information transactions that take place between you and third party vendors, or for ensuring the confidentiality of such transactions.

ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS . We may display advertisements for the goods and services of a third party on the Site, including concerning co-promotions, sponsorships and other similar partnership agreements. We do not endorse, represent, and are not responsible for the safety, quality, accuracy, reliability, integrity, or legality of any such advertised goods and services, whatsoever. ‘they are.

EVENTS . You may be invited to or may be asked to attend events that We sponsor or events organized by other members and users of the Site, which are not in any way associated with Us (collectively, “Events “). Your participation in any Event is at your own risk and you agree to release and hold harmless Us, Us and our subsidiaries, agents, distributors and affiliates, as well as our officers, directors and employees, from all claims, actions, demands. , responsibilities, costs and expenses, including, but not limited to, any injury or death incurred by you, your children or minor wards, resulting from your presence at the Events or participation in the activities available at the Events, whatever they may be. .

USE OF SOFTWARE (INCLUDING MOBILE APPLICATIONS) . We provide you with software to download or use. The software, whatever it is, is governed by the terms of the license agreement which accompanies it. If you are not presented with a license agreement with the software, then the following license, in addition to the other provisions of these Terms of Use, governs your use of that software. We grant you personal, limited, non-exclusive, non-transferable permission to install the software on a device. The software is protected by copyright and other intellectual property laws and treaties; it belongs to Us or to our suppliers. You can not : (i) copy, sell, redistribute, rent, license or otherwise transfer the software, or any of the limited rights granted to you by these terms; (ii) incorporate it in whole or in part into another product; (iii) reverse engineer, decipher, decompile or disassemble the software, or otherwise attempt to uncover the source code, underlying concepts or algorithms of all or part of the software, including including, but not limited to, any application or gadget software (except as expressly provided by law); (iv) export, re-export, transfer and / or distribute the software, related technology, or any derivative product thereof, for any prohibited end use whatsoever, or to any country where this is prohibited, or to any person or entity (wherever it is located) who is not entitled to it, without the proper authorization of Canada and / or the foreign government; (v) modify, translate, adapt or create works derived from the software or part of the software in any way, or to remove any proprietary notices contained in the software. You agree to comply with all applicable laws and regulations that apply to the use of the software. You may not authorize or assist any third party to do any of the actions prohibited in this paragraph.

We may check your version of the software and update it automatically to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may become damaged and / or stop working.

If the software is a mobile application, it will be downloaded electronically only from the App Store or Google Play (the “ Platform “). You can download from the Platform (i) a copy of the software and (ii) install it on the device in accordance with the instructions provided during installation and / or posted on the Platform. Installation and use of the software requires a compatible device with an Internet connection. The following operating systems are compatible: iOS and Android. You will be solely responsible for any operation related to the required peripheral device, as well as all telecommunications costs associated with installing, accessing and downloading the software. Your carrier may charge you additional fees for accessing the Internet from your device. We are not responsible for any network or roaming costs associated with software updates.

DISCLAIMER . SITE VISITORS ACCEPT THAT THEIR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED ON OR THROUGH THE SITE, IS AT THEIR OWN RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE ABOVE-MENTIONED MATERIALS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND SIMILAR EMPLOYEES, AS WELL AS RESPONSIBLE AND EXPRESSORS, DIRECTORS AND DIRECTORS) ALL RESPONSIBILITIES RELATING TO ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ALL WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, SUITABILITY, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE SITE; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES INVOLVED BY ANY RACE OF ACTION OR ANY USE OF TRADE. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY OF THE LINKED SITES AND ARE NOT RESPONSIBLE FOR YOUR USE OF SUCH SITES. IN SOME CASES, THE CONTENT PROVIDED ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF SUPPLIERS OR USERS, SUCH AS USER CONTENT. WE AND OUR AFFILIATES DO NOT ENDORSEMENT AND CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THIS SITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH QUALITY.

THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES AND INJURIES CAUSED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES AND INJURIES RESULTING FROM: (1) ANY ERRORS, OMISSIONS, DELETION OR DEFECTS OF THE CONTENT AVAILABLE ON THE SITE, OR (2) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFAULT, DELAY OF OPERATION OR TRANSMISSION, COMPUTER VIRUS, INTERRUPTION OF THE LINE OF COMMUNICATION, THEFT OR DESTRUCTION OF ARCHIVES, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ARCHIVES, INFORMATION OR DATA, WHETHER IN THE CONTEXT OF BREACH OF CONTRACT, DAMAGEABLE ACT, NEGLIGENCE, DEFAMATION OR ANY OTHER CAUSE OF ACTION. WE DO NOT GUARANTEE: (1) THAT ANY PART OF THIS SITE IS FREE OF VIRUSES, WORMS OR TROJAGE HORSES, OR ANY OTHER MANIFESTATION OF CONTAMINATION, OR DESTRUCTIVE ACTION; OR (2) ACCESS TO THE SITE IS UNINTERRUPTED OR ERROR-FREE.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE ON THE SITE. YOU (AND NOT US OR ANY OF OUR AFFILIATES) ARE RESPONSIBLE FOR THE ENTIRE COST INCURRED FOR ANY NECESSARY TROUBLESHOOTING, REPAIR OR CORRECTION.

WE ARE NOT REQUIRED TO VERIFY THE IDENTITY OF ANY PERSON REGISTERING ON OR USING THE SITE. THEREFORE, WE DISCLAIM ANY LIABILITY FOR ANY THEFT OF IDENTITY, OR ANY MISUSE OF YOUR IDENTITY OR YOUR INFORMATION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

COMPENSATION . By using the Site, you agree to defend, indemnify and hold harmless Us and our parent companies, subsidiaries and affiliates, as well as their respective officers, directors, employees, contractors and suppliers, for all claims, damages, liabilities, losses. , fees and expenses, including, but not limited to attorneys’ fees, arising in any way or in connection with your use of the Site or any service made available on or through the Site, downloading, posting, emailing or transmission of any User Content or any other material by you or by users to whom you have given permission, violation of any Proprietary Material, or any violation by you of these Terms of Use, Our Privacy Policy or any other policy published from time to time on the Site and applicable to your use of the site. We reserve the right to ensure the exclusive defense and control of any matter that would otherwise be indemnified by you, in which case you agree to assist Us and cooperate with Us in asserting all defenses. available.

LIMITATION OF LIABILITY . WHATEVER THE FORM OF ACTION, WHETHER IN PARTICULAR MATTERS OF CONTRACTUAL RESPONSIBILITY, TORT, LIABILITY WITHOUT FAULT OR LEGAL, IN NO EVENT US AND OUR AFFILIATES, INCLUDING, BUT NOT LIMITED TO, OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT SUPPLIERS, SUCCESSORS AND RESPECTIVE RIGHTS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPERATION, UNNECESSARY EXPENSES, LOSS OF PROFITS, LOSS OF ANTICIPATED PROFITS, LOSS OF PROGRAMS, THE COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER GOODS AND SERVICES, OR THE LOSS OF ARCHIVES, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO: (i) THE AVAILABILITY OF, USE OF, DEPENDENCE ON, OR INABILITY TO USE THE SITE, ANY APPLICATION OR ANY CONTENT OR ANY OTHER MATERIAL ON, OR AVAILABLE THROUGH, OR DOWNLOAD FROM, OR DOWNLOAD FROM, SITE; (ii) ANY CLAIM (INCLUDING FOR EQUIPMENT DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER TECHNICAL INACCURACIES, OR DESTRUCTIVE PROPERTIES OF THE SITE OR ANY RELATED SITES, OR ANY INFORMATION, SOFTWARE, OR ANY RELATED SOFTWARE , SERVICE OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE OR ANY LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR LEADERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT RIGHTS PROVIDERS AND RESPYTIVES, HAVE KNOWLEDGE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH PROVINCES AND JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW (HEREBY LIMITING YOUR LIABILITY TO YOUR LIABILITY. MINIMUM AUTHORIZED BY APPLICABLE LEGISLATION).

YOU EXPRESSLY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY USER SUBMISSIONS OR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF INFRINGEMENT OR DAMAGES ARISING FROM THE FOREGOING EXCLUSIVE YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE-MENTIONED CLAIMS OR ANY DISPUTE AGAINST US OR ANY OF OUR AFFILIATES, WHATSOEVER, IS TO DISCONTINUE USING THE SITE.

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS YOUR LIABILITY FOR ANY INDEMNIFICATION YOU HAVE GRANTED UNDER THESE TERMS OF USE.

FENCING . We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted to the Site and / or prohibit you from using or accessing the Site (or any part, aspect or functionality of it. last) for any reason, at any time and in Our sole discretion, with or without notice and with immediate effect, which may result in the confiscation and destruction of any information associated with you and your activities related to the Site. If you wish to close your account, you can do so by following the instructions provided on the Site. All fees paid hereunder are non-refundable. In the event that the account is closed, you remain bound by your obligations under these Terms of Service, including any warranties you have offered, disclaimers, and limitations of liability. In addition, We are not responsible to you or any third party for any termination of your access to the Site.

APPLICABLE RIGHT ; GENERAL INFORMATIONS . We control and operate the Site from our offices located in the province of Quebec, Canada. Visitors acknowledge that the Site, as well as all activities that are made available on or through the Site, are governed by the laws of Canada and the laws of the province of Quebec. We do not represent that the materials presented on the Site are appropriate or available for use in other places. Individuals who choose to access the Site from other locations do so on their own initiative and are responsible for complying with local law, if and to the extent that local law is applicable.

You agree that the laws of the province of Quebec, to the exclusion of regulations relating to conflicts of laws, these Terms of Use, Our Privacy Policy and any other policy published from time to time on the Site and which are applicable your use of the Site govern your use of the Site. Please note that your use of the Site may be subject to other international, national, state and local laws. You expressly agree that for any claim or dispute relating to Us (or any of our affiliates) or relating in any way to your use of the Site, the exclusive jurisdiction is that of the courts of the County of Montreal, Quebec, and you also expressly accept and consent to the personal jurisdiction of the courts of the County of Montreal, Quebec, with respect to any dispute of this nature, including any claim involving Us or our affiliates, subsidiaries, employees, contractors, officers, directors , telecommunications providers and content providers. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE REGARDING YOUR USE OF THE SITE, OR ANY CONTENT OR OTHER MATERIAL PRESENT ON OR ACCESSIBLE THROUGH OR DOWNLOADED FROM THE SITE MUST BE ENGAGED WITHIN ONE ( 1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION HAS OCCURRED.

A printed version of the Terms of Use and any notice provided in electronic form is admissible in legal or administrative proceedings based on or relating to the Terms of Use in the same proportions and subject to the same conditions as other commercial documents. and archival documents originally produced and maintained in printed form.

These Terms of Use constitute the entire agreement between you and Us regarding the Site and any User Content, and supersede any prior or contemporaneous communications or proposals (whether oral, written or electronic) between you and Us regarding these matters. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited to the strict minimum necessary or eliminated so that these Terms of Use otherwise remain fully valid, in force and enforceable. The failure of either party to exercise in any way any of the rights provided herein should not be considered a waiver of all other rights provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority to bind the other in any way.

NOTICE . Unless otherwise indicated in these Terms of Use, all notices provided for herein are in writing and deemed to have been effectively transmitted if they have been received, hand delivered or sent by registered mail or email with acknowledgment of receipt; if the acknowledgment of receipt is confirmed electronically, transmitted by fax or email; or the day after it is dispatched, if it has been sent for next day delivery by a recognized 24-hour delivery service.

Do not hesitate to contact Us using any of the methods described on Our page Contact U.S , or send a letter to: Kenotronix , 2609 rue des Pruches, Quebec, QC, G1G 2A9. You agree that We may from time to time send you notices regarding your use of the Site by email, general notice posted on the Site or by written communication sent by a 24 hour delivery service or by the Canadian postal service to your email address or postal address in our records.

LAST UPDATE . The last update of these Terms of Service was in November 2020.