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Terms and Conditions The present Terms of Service ("Convention") is a legal contract between yourself, the client ("MEMBER") and PROMOTION À LOUER.COM Inc. ("LOUER.COM"), connected to the use of the services provided by LOUER.COM via its Web site. The Terms and Conditions ("Terms and Conditions") regarding the use of the Web site of LOUER.COM are indicated on the Web site of LOUER.COM at the hyperlink www.louer.com/terms/, and form an integral part of this Convention. The present Convention also includes any modification that could be brought to the Convention. ALL INQUIRIES REGARDING THIS CONVENTION SHOULD BE DIRECTED TO: ACCEPTANCE OF THE TERMS AND CONDITIONS AND THE PROVISIONS OF THE TERMS OF SERVICE By publishing any advertisement on the Web site of LOUER.COM and by any consultation or use of the Web site, the MEMBER agrees to be subjected to the Terms and Conditions, and to be bound by each and every provision of the present Convention. The use of the Web site by the MEMBER is conditional upon acceptance, by the MEMBER, of the provisions of the present Convention, including the Terms and Conditions. SALES CONDITIONS LOUER.COM is committed to effectively maintain on its Web site, for all the duration agreed upon at the time of the order by means of the Web site of LOUER.COM or by any other agreement between the MEMBER and LOUER.COM, any advertisement placed on the Web site of LOUER.COM, regardless of the fact, by example, that the good being the subject of an advertisement can be rented within a time shorter than that for which this good was to be announced during the ordering of its publication. No refund will be issued to the MEMBER or any person connected with any advertisement being the subject of a publication on the Web site of LOUER.COM, and that is even if the good is rented or if the advertisement relating to the good is no longer required and/or is wished, before the end of the period of publication engaged of the advertisement. Any sale of fixed price by LOUER.COM as to the publication on its Web site is final. FEES The publication fees of advertisements on the Web site of LOUER.COM are indicated on this site. The MEMBER must be aware of this when they place an advertisement and accept the applicable fee. LOUER.COM reserves the right to modify the publication fees indicated on the Web site at any time, without notice, being understood that such modifications will be inapplicable with the fixed prices subscribed before by the MEMBER at LOUER.COM at the time of such modifications. PRIVACY POLICY, MEMBER CONDUCT, PERSONAL INFORMATION AND OTHER GENERAL PROVISIONS LOUER.COM will take all the necessary and appropriate precautions in order to prevent any unauthorized access to the present Web site, to maintain the exactitude of the data, and to ensure the correct use of the information provided by the MEMBERS. When you provide your information to LOUER.COM, LOUER.COM will take the necessary precautions in order to establish a secure connection with your server. The credit cards numbers are used only for the treatment of the payments carried out online. Being a MEMBER, you will receive a user name and a password in order to have access to the control panel. Under no circumstances will LOUER.COM be responsible towards the MEMBER and/or any persons, for the schemes, the behavior, the declarations, the terms used and any other gesture which can be made or posed by the MEMBER or any person within the framework, directly or indirectly, by the usage of the Web site of LOUER.COM. Moreover, LOUER.COM will not be at all responsible as for the use by the MEMBER and/or any other person, of information they will be able to obtain from the Web site of LOUER.COM or by the intermediary of the aforementioned web site. This exoneration of responsibility applies to information of any nature, and in particular, to information of a personal nature such as an address, telephone numbers or electronic messaging address, which could be revealed within the framework of the use of the Web site and the related services. LOUER.COM is exonerated from any responsibility relative to the gestures or actions that could be posed by the MEMBER and/or any other person regarding this information, or any other information of any nature obtained by the MEMBER and/or any other person. MEMBER PASSWORD AND USERNAME The MEMBER is responsible for the usage which will be made on the Web site of LOUER.COM of their username and his password. The MEMBER also guarantees the veracity and the exactitude of the information they provide on the site or by any other member of their family, their associates and more generally, by any person or entity acting on their behalf. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES LOUER.COM reserves the right to refuse to publish any advertisement it considers inappropriate, at LOUER.COM's sole discretion for any reason or justification in this respect. In the same way, LOUER.COM reserves the right to revise and, if it considers suitable, to ask for the MEMBER to modify any advertisement, for or during its publication on the Web site of LOUER.COM. INTELLECTUAL PROPERTY All the contents published on this Web site is copyright-protected. The contents and the copyrights on the contents belong or are under control of PROMOTION À LOUER.COM Inc., and its logo is a registered trademark. It is strictly forbidden to use any of the trademarks appearing on this Web site or any other Web site accessible via this one without the written authorization by LOUER.COM or by the holder of the rights on this trademark. Every MEMBER expressly guarantees to LOUER.COM that all the materials of text, photographs, drawings, trademarks or any other materials provided to LOUER.COM for publication on the accessible web pages of the Web site are the property of the MEMBER, or that this MEMBER has the authorization of the holder of the rights concerned, to use any material concerned. Every MEMBER must be committed to exonerating and defending LOUER.COM, as well as its subcontractors, against any claims or against any recourse which can be brought against LOUER.COM following the use of such materials provided by the MEMBER. OPERATION OF THE WEB SITE AND ACCESSIBILITY LOUER.COM does not guarantee that the information, services and software provided on the Web site will be exempt of anomalies or errors and "bugs", neither that those could be corrected, nor that the Web site will function without interruptions or breakdowns, nor that it is compatible with a material or a particular configuration other than those expressly validated by LOUER.COM. Under no circumstances will LOUER.COM be responsible for any dysfunctions attributable to third-party software, those or not incorporated into the Web site or are provided with this Web site. Under no circumstances will LOUER.COM be responsible for damages directly or indirectly, foreseeable or unforeseeable (including the loss of profits or opportunity) arising from the supply and/or use, or the total or partial impossibility to use the services provided on the Web site. Most notably, but not limited to the preceding general points, LOUER.COM will not be responsible for any losses of income, of any losses of profits as well as any damages, caused to the MEMBER or any person, directly or indirectly, through the use of the Web site of LOUER.COM, including the renting of the goods being advertised. CONTENTS OF THE WEB SITE LOUER.COM will not be held responsible for any or all errors or omissions likely to occur on the Web site. LOUER.COM will not be held responsible towards whoever for the errors or omissions of any nature related to the contents or the materials related to the present Web site, and will grant no guarantees express or implicit on the contents or materials related to the present Web site. LOUER.COM will not be held responsible for any or all losses, or any or all damages of any nature, direct or indirect, specials or fortuitous included, likely to result. STATISTICS LOUER.COM gathers statistics relating to the behavior and the practices of its MEMBERS, in order to allow us to evaluate the interest of the MEMBERS in the various sections of this Web site. The information obtained is for internal use only, with the aim of improving the contents of this Web site. All this is done so that you the best optimal experience at the time of your visit to this Web site and to better adapt the site to the needs of the MEMBERS, with regards to the arrangement of the web pages and its headings. UNSOLICATED EMAIL (“Spam”) LOUER.COM prohibits the use of our Web site to send unsolicited emails to MEMBERS. MEMBERS who violate this provision will have their account terminated at the sole discretion of LOUER.COM. THIRD PARTY SITES LOUER.COM provides hyperlinks to Web sites that are not managed nor controlled in any way by LOUER.COM, and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Web site. LOUER.COM is not responsible for the quality and exactitude of the products and services, content, availability and the fulfillment of any third party Web sites. Finally LOUER.COM grants no guarantees on other Web sites to which this Web site gives you access. It is entirely your responsibility to ensure that the Web sites, which you choose to access, are free from any destructive elements, including viruses. You will have to refer to the policies and conditions of use appearing on those Web sites regarding privacy and other topics before consulting/using them. LOUER.COM is not responsible for the information associated with these hyperlinks, no more than it can guarantee these sites and their contents. INDEMNIFICATION AND LIMITATION OF LIABILITY LOUER.COM does not ensure the accuracy of any information provided by MEMBERS. MEMBERS shall exonerate LOUER.COM against and in respect to any damages and all claims and recourse that can be brought against LOUER.COM with regard to any information provided by the MEMBER and broadcast on the present Web site. MEMBERS will compensate LOUER.COM for any claims, including interest, penalties as well as any legal fees that LOUER.COM may incur due to the MEMBER's information retrieved from LOUER.COM. MEMBERS will exonerate LOUER.COM and be responsible for the total sum of any losses, costs and expenses, including reasonable attorney fees, related to any violations of the present provisions of the Agreement by the MEMBER or by any other person with access to the MEMBER's account, either through the use of the present Web site, or by the broadcasting or transmission of any information or materials on the present Web site by the MEMBER by any other person with access to the MEMBER's account. The MEMBERS understand that this Agreement has been negotiated in light if these limitations, and that the terms of the Agreement would have not been possible but for this limitation. APPLICABLE LAWS This Agreement shall be construed and interpreted in accordance with the laws of Quebec, and any applicable laws of Canada. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of this Convention, which shall remain in full force and effect. The Terms and Conditions of this Agreement shall supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. |
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