Last updated February 9th 2023
We cannot guarantee that the Site will always be available, and we may experience hardware, software, or other issues that may cause the Site to be interrupted, delayed, or error-ridden. We may alter, modify, or remove the contents of the Site at any time without notice. We have no obligation to update the Site, and we may modify or discontinue the Site at any time.
When you use the Site, you may send us information about yourself including but not limited to your name, address, and email address. We will use this information to provide you with the Site’s services. We may also use this information to send you emails about our services and other information we think you might find helpful. We will not be held responsible for any damages that you might suffer from using our site.
If you have questions or concerns about anything on the Site, please contact us.
TABLE OF CONTENTS
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- SITE MANAGEMENT
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- LIMITATIONS OF LIABILITY
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CONTACT US
1. AGREEMENT TO TERMS
The information on the Site is not meant to be distributed or used by individuals or entities in jurisdictions or countries where such distribution or use would violate laws or regulations, or where the Company would be required to register. If you access the Site from other locations, you do so at your own risk and are solely responsible for complying with local laws if applicable.
2. INTELLECTUAL PROPERTY RIGHTS
The Site and its contents, including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and trademarks, are either owned by us or licensed to us. This property is protected by copyright, trademark laws, and intellectual property rights of the US, international copyright laws, and international conventions. These contents and trademarks are intended for your personal information and use only and may not be used for commercial purposes without our permission.
If eligible, you may access and use the Site with a limited license for your personal non-commercial use. Any rights not granted to you are reserved by us.
3. USER REPRESENTATIONS
When using the Site, you agree to the following:
- You are not a minor in your jurisdiction of residence.
- You will not access the Site through automated means.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will comply with applicable laws and regulations.
Providing false information can result in suspension or termination of your account.
4. PROHIBITED ACTIVITIES
It is not allowed to access the Site for any purpose other than what we make it available for. The Site should not be used for any commercial use, except those that we have specifically endorsed or approved.
As a user of the Site, you agree to not:
- Systematically extract data or other content from the Site to compile, create, or form a collection, compilation, database, or directory without obtaining written permission from us.
- Try to trick, defraud, or deceive us and other users, especially in any attempt to discover sensitive account information such as passwords.
- Circumvent, disable, or interfere with any security-related features of the Site, including features that restrict or prohibit the use or copying of any Content or enforce limits on the usage of the Site and/or the Content.
- Act in a way that, in our opinion, disgraces, tarnishes, or otherwise harms us or the Site.
- Employ any information obtained from the Site to harass, abuse, or injure another person.
- Misuse our support services or make false reports of abuse or misconduct.
- Use the Site in a way that goes against any laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that disrupts any party’s use and enjoyment of the Site or modifies, impairs, interferes with, or disrupts the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Take away the copyright or any other proprietary rights notice from any Content.
- Attempt to act as another user or person or use another user’s username.
- Upload or transmit (or attempt to upload or to transmit) any material that functions as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, irritate, intimidate, or threaten any of our employees or agents providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to restrict or prevent access to the Site, or any part of it.
- Decode, decompose, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, unless it is allowed by applicable regulations.
- Make any unauthorized use of the Site, such as collecting usernames and/or email addresses of users electronically or via other means to send unwanted emails, or creating user accounts in an automated way or by providing false information.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Employ the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
When you create or make available any Contributions, you must guarantee that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Any use of the Site in violation of the above will result in, among other things, termination or suspension of your rights to use the Site.
6. CONTRIBUTION LICENSE
By submitting any suggestions or other feedback regarding the Site, you agree that we can use and share such feedback without any compensation to you.
You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not responsible for any statements or representations in your Contributions that you make in any area on the Site. You are solely responsible for your Contributions to the Site and you explicitly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our exclusive property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby guarantee that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. SITE MANAGEMENT
9. TERM AND TERMINATION
Should we terminate or suspend your account for any reason, you are not allowed to register and create a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to alter, modify, or remove the contents of the Site at any time or for any reason in our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
11. GOVERNING LAW
The laws of Canada shall be applicable to and define these Terms. Montessori Alzheimer Center and yourself hereby irrevocably agree that the courts of Canada shall have exclusive jurisdiction to settle any dispute that may arise in connection with these terms.
12. DISPUTE RESOLUTION
Any disagreement that arises from or is related to this contract, including any question regarding its existence, validity or termination, shall be referred to and ultimately resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of this ICAC, which, as a result of referring to it, is considered as part of this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Cap Santé, QC. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Canada.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
WE PROVIDE THE SITE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL NOT BE LIABLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE INVOLVED IN OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.
15. LIMITATIONS OF LIABILITY
WE AND OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. USER DATA MAINTENANCE
The Site will store data that you send to it for the purpose of managing its performance, as well as data related to your use of the Site. We regularly back up data, however, you are solely responsible for all data that you transmit or that is associated with any activity you have done using the Site. You agree that we shall not be held liable for any loss or damage to such data, and you hereby waive any right to take legal action against us due to any such loss or damage of data.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Site, sending emails, and completing online forms, you are engaging in electronic communications. You agree to receive electronic communications and acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically, via email and on the Site, meet the legal requirement that such communication be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, as well as to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
20. CONTACT US
If you have any queries or complaints about the Site, or would like more information about it, please contact us: