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Terms and Conditions of Use

USE OF THIS WEBSITE


This website is owned and operated by SOFAME Technologies Inc. (hereinafter “SOFAME”), for your personal and non-commercial use and information. Your use of this website is subject to the following terms and conditions of use (“Terms”) and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the website or such material. This website is based in Canada and SOFAME is not responsible for compliance with foreign laws, regulations, ordinances and rules. If the laws, regulations, ordinances and rules in your jurisdiction render the Terms void in whole or in part (including, without limitation, the provisions relating to governing law, disclaimer and limitations), you are not authorized to use this website.

SOFAME reserves the right to change, modify, alter or otherwise update the Terms applicable to this website without prior written notice at any time, and from time to time, at SOFAME’s sole discretion. Any such changes, modifications, alterations or updates to the Terms will be reflected in the Terms posted and the date of the posting will be updated accordingly. Any change in that “Last updated” date will indicate that the Terms have been updated and your continued use of this website will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.

PRIVACY

Our privacy practices respecting the information we collect during your visit to this website are explained in our Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to the use of your personal information by SOFAME in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

USER ACCOUNT


If you register on the site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. SOFAME reserves the right to refuse service or terminate accounts in its sole discretion.

CONSENT TO USE ELECTRONIC DOCUMENTS


You hereby consent to the exchange of information and documents between you and SOFAME over the Internet or by e-mail, and you agree that these Terms, together with any applicable Order Confirmation(s) accepted by SOFAME in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

EXCLUSION AND DISCLAIMER OF WARRANTIES


SOFAME MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOFAME DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND SOFAME DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (a) WARRANTIES, PRIVACY, OR SECURITY, (b) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR (c) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.

BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE AND, IN PARTICULAR, YOU SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOFAME BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PRODUCTS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, THE PRODUCTS, EVEN IF SOFAME OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.

IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL SOFAME BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, SOFAME’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF SOFAME.

IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
FOR THE PURPOSES OF THIS SECTION, “SOFAME” AND ITS AFFILIATES SHALL INCLUDE SOFAME’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS. USE OF THIS SITE IS UNAUTHORIZED IN ANY JURISDICTION WHERE SUCH USE MAY VIOLATE THE LEGAL REQUIREMENTS OF SUCH JURISDICTION AND YOU AGREE NOT TO ACCESS THIS WEBSITE IN ANY SUCH JURISDICTION. YOU WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

COPYRIGHTS AND TRADEMARKS


Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by SOFAME, and SOFAME does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of SOFAME. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of SOFAME or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.

Notwithstanding the foregoing, SOFAME authorizes you to make one electronic or paper copy of the information posted on any page of this website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this website or its contents; any collection of product listings, descriptions ; any other derivative use of this website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on this website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of SOFAME without express written consent of SOFAME. You may not use any meta tags or any other “hidden text” utilizing SOFAME’s name or trademarks without the express written consent of SOFAME. Any unauthorized use of this website and/or its contents terminates the permission or license granted by SOFAME.

Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of SOFAME or any other person or entity.

CONFIDENTIALITY OF THE INFORMATION TRANSMITTED


Other than your account information, SOFAME does not wish to receive confidential, secret or proprietary information or material from you through this website or by other means.

You acknowledge that information or material which you provide electronically through your access to or usage of this website, including but not limited to, your ideas, suggestions, comments and other feedback regarding your use of this website or the Products, is not, except as may be required under applicable law or pursuant to SOFAME’s Privacy Policy, secret, confidential or proprietary. You consent to SOFAME using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of SOFAME or the disclosure of your identity, in accordance with SOFAME’s Privacy Policy

Furthermore, you acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that any and all such information or material which you provide to SOFAME, whether provided by you electronically by accessing or using this website or otherwise, and SOFAME’s use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.

SURVEILLANCE


SOFAME may monitor the access to its websites and other activities in relation to its website and may intervene in this regard. However, SOFAME makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if SOFAME ever decides to do it.

LINKS TO OTHER WEBSITES


Links and references to other websites are provided to you as a convenience only. SOFAME has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links. SOFAME does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon and shall not be liable for any damages or injury arising from that content. You may not create links from other websites to this website, except if expressly permitted by SOFAME. (To obtain permission, contact our Website administrator at info@sofame.com.)

DAMAGE TO OTHERS


You agree not to introduce into or through this website or any other SOFAME website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

MODIFICATION OF WEBSITE; RESERVATION OF RIGHTS


SOFAME may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this website or any aspect of it, and SOFAME will not be liable to you or any third party for doing so. SOFAME may also impose rules for and limits on use of this website or restrict your access to part, or all, of this website without notice or liability. All rights not expressly granted in these terms are reserved to SOFAME.

ENUREMENT


These Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

GOVERNING LAW


This website resides on a server in the United States, and is controlled and operated by SOFAME from Montreal, Quebec, Canada and these Terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws.

DISPUTE RESOLUTION


You hereby acknowledge and agree that any dispute that may arise between you and SOFAME in respect of these Terms contemplated herein shall be resolved by the provincial and federal courts, tribunals, agencies and other dispute resolution organizations sitting in Montreal, Quebec, Canada and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.

SEVERABILITY


If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

JURISDICTION


SOFAME makes no representation that materials, information or Products provided on or through this website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

COOKIES


SOFAME may use “cookies” to track your preferences and activities on the SOFAME website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the website more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the website.

NO WAIVER


The failure of SOFAME to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of SOFAME to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

ENTIRE AGREEMENT


These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and SOFAME with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by SOFAME making such amendments or modifications available to it pursuant to the terms hereof.

NO ASSIGNMENT


You may not assign your rights or obligations herein without the express written consent of SOFAME.

TERMINATION


SOFAME reserves the right, at its sole discretion, to terminate your access to all or any part of this website, with or without notice.

HEADINGS


The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

LANGUAGE


These terms and any supporting or ancillary documents are drafted solely in English. A French version of these Terms is available here.

October 22nd, 2009


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