TERMS AND CONDITIONS




1. User acknowledgement and acceptance of terms and conditions

Clinique de la Toiture FCA’s web site is made available to you subject to your unconditional acceptance of the following usage conditions, clauses and warnings contained in our contractual provisions ( “ Standard Terms of Use”), as well as any other written agreement between both parties involved. Furthermore, when using the services included in this site, the users should not be subjected to any rules or guidelines applicable to those services, and they will be incorporated by reference to these terms and conditions.

These conditions are applicable starting March 10th 2011. We reserve the right to modify the present Terms and Conditions without notice. You agree that it is your responsibility to revisit this site and its Terms and Conditions clauses to be advised of any changes. Your continued use of this site following any modifications confirms your acceptance of these changes and your willingness to respect and adhere to all terms concerning this site.

As used in these present Terms and Conditions, the referred “Affiliates” include owners, subsidiaries, branches, company leaders, administrators, distributors, partners, sponsors and advertisers as well as any parties involved in this site’s creation, production and/or delivery of its content.


2. Service description

We reserve the exclusive right to modify or shut down this site along with all of its components, at any time, without notice. We will not be held responsible to any party should we exercise this right. Any new features that modify or improve the current services shall be subjected to these Terms and Conditions.


3. Codes of conduct

Your access to and use of this website is subject to the following Terms and Conditions and all applicable laws and you are solely responsible for the content of your communications held on this site.

By posting information or any other use of our communications services such as chat rooms, forums, newsgroups, software archives or any other interactive service made available to you via this site, you agree that you shall not upload, share, post, distribute or facilitate any content to this site including texts, communications, software, images, sounds, data or any information related to what:

a. is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful, containing explicit descriptions or graphic sexual acts ( including but not limited to violent or threatening sexual language directed to any one person or a group of individuals) or in violation of our terms or policies.

b. Is victimizing, threatens, demeans or intimidates a person or a group of individuals based on religion, sex, sexual orientation, race, ethnicity, age or handicap.

c. Infringes any copyright, trademark and patent, trade secret, advertising right or any proprietary right of any party.

d. Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “ SPAM “, chain letters, any other form of unauthorized solicitation, lottery or gambling.

e. Content containing computer viruses or other computer code, files or programs designed to interrupt, destroy or limit software, material or telecommunications equipment performance or to damage or obtain unauthorized access to third party data or information.

f. Impersonate any person or entity, including, but not limited to, a Clinique de la toiture FCA ‘s employee or representative.

We do not endorse, recommend or accept any responsibility for the uploaded or externally transmitted content of this website. We generally have not controlled or modified the content posted by the users of communications services, electronic message boards, forums, software archives or other interactive services accessible through this site. Therefore, we reserve the right to delete any content which, in our opinion, does not respect these Terms and Conditions and intervene when any rules of conduct are broken by the users of our site.

We will not be liable for any delays or disruptions caused by the removal of said content. You agree to this and waive any possibility of any claims against us following the removal of content.

Moreover, you cannot use your account in an attempt to breach our account’s security or gain unauthorized access to our network or server. All areas of this site are not available to you or to other authorized users. You may not interfere with other party’s use and enjoyment of the website or other similar services. Users caught violating our network or security systems will be subjected to criminal or civil prosecution.

You acknowledge and agree that we may, at any time and without notice, terminate your membership, account or any other link to our website, should you violate any rules or regulations. You acknowledge that we are committed to fully cooperate with the authorities in the event that you are involved in any security violation.


4. External links and information

This website may contain links or references to other websites. These other sites may contain material or information not suitable to all. These sites, and the parties behind them are in no means under our control and you acknowledge that we are not responsible for their quality or accuracy. The inclusion of such links does not constitute and endorsement or recommendation on our part.


5. Intellectual Property

Copyright (c) March 10th 2011. Clinique de la toiture FCA All rights reserved.

In regards to the present Terms and Conditions, the “Content” is defined as any information, data, communication, software, video, illustration, music and sound, other materials and services which can be viewed by users on our website. This also includes forums, chat rooms and any other original content.

In agreeing with these Terms and Conditions, you acknowledge and consent that all content published on this website is protected by copyrights, trademarks or service marks, patents or other proprietary rights and laws and is entirely the property of Clinique de la Toiture FCA and/or its affiliates. Except as expressly authorized by this Agreement or without our written consent, you may not use, alter, copy, distribute, upload, transmit or derive any content obtained from this website. You must request our permission to use or publish any of our protected content from this site. Any unauthorized use of this site’s content can be in direct violation of copyrights, trademarks or any applicable laws and can result in civil or criminal prosecution.

The content or the use of this site’s content will in no way violate third party rights. See “Use of Copyrights” section below for description of procedures in the event a party should find that the site’s content violates patent rights, trademarks, trade secret, advertising rights or any other proprietary law.

All graphics, icons, logos and service names are registered trademarks or service marks of Clinique de la Toiture FCA or its affiliates. All other marks or service marks contained herein are the property of their respective owners. In compliance to theses terms and conditions, you will not use any marks or trademarks owned by Clinique de la Toiture FCA or its affiliated companies.


6. Use of Copyrights

Subject to our confidentiality policy, any communication or material sent to us or onto this site, be it by email, mail or other means, will be considered as non-confidential and non-exclusive. You assume all risks to such communications and grant us and our users permission to read, download, copy, distribute, print, translate, adapt and search this material with appropriate author control. Please do not send us confidential or exclusive information unless a previous written agreement has been settled. Please do not send us unsolicited ideas or suggestions as we are unable to accept them.

We respect the intellectual property of others and ask to be treated as such. We would like to be notified if you feel that through our website, you or another user’s rights have been violated in regards to copyrights, trademarks or other proprietary rights. You or the user is required to notify us, in writing following the below procedure:

1. Clearly identify the right having been, in your opinion, violated and why.

2. Identify the elements related to item #1 above

3. Provide us with your contact information including email address in order for us to respond.

4. Provide us with enough information concerning your claim to forward to our website administrator and make appropriate changes (website pages concerned)

5. Include the following statement : “I hereby declare in good faith, that the included protected material is unauthorized by the copyright owner, his agent or the law"

6. “I solemnly swear that this statement is true and that I am the sole copyright owner or am authorized act on behalf of the owner in the event his rights are violated.”

7. Sign your name

8. Send the document to :
Clinique de la Toiture FCA
11435, 6th avenue
Montreal, QC
H1E 1R8

You acknowledge and recognize that, we can immediately delete any claim related to documents on our website without any notice or prejudice to you or any other person. The complaining party’s demands will be immediately sent to the Canadian Intellectual Property Office as required in the Digital Millennium Copyright Act.


7. Guarantees of exclusion

The materials on this web site (the "Site") are provided by Clinique de la Toiture FCA as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from this site, you agree to these terms, unless the materials are accompanied by a separate download agreement, in which case the terms of that Agreement shall control your rights to use the materials. If you do not agree to them, do not use the site or download any materials from it.

THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL CLINIQUE DE LA TOITURE FCA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF CLINIQUE DE LA TOITURE FCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. CLINIQUE DE LA TOITURE FCA does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Clinique de la Toiture FCA may make changes to these materials, or to the products described therein, at any time without notice, but makes no commitment to update the Materials. By downloading any materials from this site, you agree to these terms, unless the materials are accompanied by a separate download agreement, in which case the terms of that Agreement shall control your rights to use the materials. If you do not agree to them, do not use the site or download any materials from it.

THIS SITE MAY CONTAIN TECHNICAL OR OTHER ERRORS, IMPLICIT OR EXPLICIT. We can modify INFORMATION AND SERVICES ON THIS WEBSITE, INCLUDEING PRICES and product descriptions, AT ANY TIME AND WITHOUT NOTICE. THE DOCUMENTS ON THS SITE CAN NOT BE OUT DATED and we do not commit to updating them

YOU ARE RESPONSIBLE FOR ANY DAMMAGE TO YOUR COMPUTER OR LOSS OF DATA. YOU ACKNOWLEDGE THAT THE USE OF THIS SITE AND THAT ANY DOWNLOADS MADE FROM IT ARE MADE AT YOUR OWN RISK.

You understand and accept that the services available on this website are “AS IS” and that we will not be liable for any interruptions, removals, delivery or stocking errors or any user customizations. SOME PROVINCES, STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.


8. Liability Limitation

In no circumstances shall Clinique de la Toiture FCA, its Directors, officers, employees or contractors be responsible or liable for any loss or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages, arising from or in connection with your use of, access to or your reliance on, or your inability to use or access, this Site, any contents of this Site, any external links on this Site, any website linked to this Site, or any contents thereof, or any website linking to this Site, or any contents thereof.


9. Indemnisation

We require that you accept to defend, indemnify and protect us from liability, claim and expense including attorney’s fees that arise from your misuse of this website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.


10. International Use

Even though this website is available worldwide, we make no representation that the information contained on this site is appropriate or available for use in all countries. Those who choose to access this site outside of Canada do so on their own accord and are subject to their local laws.


11. Terms of Use

You agree that we can, at our own discretion, suspend your access to a section or the entire site with or without notice, for any given reason, including but not limited to violation of these Terms and Conditions. Any suspicion of fraud, abusive or illegal activity can be a motive to terminate your access and will be reported to the authorities. In the event of termination or suspension, your right to use this website’s services will be revoked immediately and you acknowledge that we have the right to deactivate or delete your account and all relating documents and/or block any future access to this website. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the website or any services under this agreement, for any reason.


12. Governing Law and Jurisdisction

This Web site (excluding linked sites) is controlled by Clinique de la Toiture FCA, from its offices in the province of Québec, Canada. By accessing this Web site, you and Clinique de la Toiture FCA agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of the Province of Quebec, without regard to the conflicts of laws principles thereof. You and Clinique de la Toiture FCA also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Quebec with respect to such matters. Clinique de la Toiture FCA makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.


13. Notice

Any notice send by a party shall be sent in writing by email or regular mail. All notices are to be sent to: info@cliniquedelatoiturefca.com, or Clinique de la Toiture FCA 11435, 6e Avenue, Montréal, QC H1E 1R8. We are authorized to post notices or messages via this site to inform you of any changes made to it or of any relevant information. These publications represent your notice from the moment it is posted.


15. Miscellaneous

You may not assign your rights and duties under this agreement to any party at any time in which event any attempt to do so will be null and void.

You agree not t sell, resell, reproduce, copy or use this site or access to it, for commercial purposes in all or in part.

We shall not be liable, in any way, in case of non- delivery or delay in delivery of products and services offered on this site caused by events out of our control, predictable or not, disruption of labor, war, fire, accident, storms, transport unavailability, act of Government, act of God or any other similar event.

If you are dissatisfied with any portion of these sites, or with any of the Terms and Conditions governing its use, your sole and exclusive remedy is to discontinue using this website.


16. Location

Unless otherwise indicated, this site’s services are offered by Clinique de la Toiture FCA located at 11435, 6 th Avenue Montréal, Québec H1E 1R8. Our phone number is 514-722-7348. Please contact us immediately if you suspect any violation of this agreement by any user info@cliniquedelatoiturefca.com.