Disclaimer

“upmacs.com” is the interactive corporate website of UPMACS Communications Inc., its subsidiaries and affiliates on the World Wide Web of the Internet, consisting of corporate information and products and services provided by UPMACS Communications Inc. “You” means each person who accesses the upmacs.com website.
General

These terms and conditions apply to use of upmacs.com by you. By accessing upmacs.com, you agree to comply with all of the terms and conditions hereof. If you do not agree with the terms and conditions, you may not use this site.

We reserve the right at any time to change or modify the terms and conditions applicable to your use of upmacs.com, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by posting on the upmacs.com website. Any use of upmacs.com by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

Telephone Charges

You agree that any telephone charges associated with connecting to upmacs.com incurred are your responsibility. Depending on your particular location, the nearest access number to the Internet may not be a local phone call and you may be subject to long distance charges. You should check with your local phone company or long distance provider to determine whether any specific access number is a local call.

Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF UPMACS.COM IS AT YOUR SOLE RISK AND PERIL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARE HEREBY WAIVED AND EXCLUDED. WE PROVIDE UPMACS.COM ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE OR ACCESS UPMACS.COM AT A TIME OR FROM ANY LOCATION OF YOUR CHOOSING.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SUBSCRIBER INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS OR DELICTUAL BEHAVIOUR, NEGLIGENCE, FAULT OR UNDER ANY OTHER CAUSE OF ACTION.

OUR ENTIRE LIABILITY TO YOU, IF ANY, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF UPMACS.COM SHALL BE TO DISCONTINUE USING THIS SITE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITING THE FOREGOING, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES, THAT RESULT IN ANY WAY FROM YOUR USE OF UPMACS.COM, INCLUDING YOUR USE OF OR INABILITY TO USE UPMACS.COM OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH UPMACS.COM.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION AVAILABLE OR REFERRED TO ON THIS SITE.

Internet and upmacs.com Content

The Internet is not owned, operated or managed by us. Third parties over whom we exercise no control develop the Internet sites displayed as search results or otherwise linked to upmacs.com. We do not screen any sites before linking them to upmacs.com. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by linked sites or upmacs.com. Links to external web sites are provided only as a convenience and do not constitute an endorsement by us of the providers of such sites or the content, products, advertising or other materials presented on such sites.

We make no representations that materials on upmacs.com or any sites linked thereto are (a) accurate or complete, or (b) appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly prohibited.

We retain the right, but not the obligation, at our sole discretion and without prior notice or liability, to modify upmacs.com and add to or delete from upmacs.com any content, product, service or Internet link.

Copyrights and Trademarks

You hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to this site and/or to incorporate it in other works regardless of form, medium or technology.

Upmacs.com contains, or links to, copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of upmacs.com are copyrighted as a collective work under the copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, and own or license a copyright in the content original to it or contained in it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, such material or content, in whole or in part.

Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of material or content will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Nothing contained on this site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying us and related companies or their respective products and services displayed on the site, without our express written consent or the express written consent of such third parties that may own such trademarks, logos and other names displayed on this site.

Privacy and Security

We cannot ensure or guarantee privacy for users of upmacs.com and any use of this service for the transmission of confidential information, including credit card information, shall be at your sole risk, and we shall be relieved of all liability in connection therewith.

Our privacy policy sets out our obligations with respect to the safeguarding, collection and use of your personal information and is subject to modification from time to time by us. You agree to review the privacy policy periodically to become aware of any such modifications and continued access or use of upmacs.com shall be deemed to be conclusive acceptance by you of the modified privacy policy.

Monitoring

You agree that we have the right to monitor upmacs.com electronically from time to time to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate our services properly, or to protect our users or ourselves. We will not intentionally monitor (except for the purposes of testing or security protection) or disclose any private information unless required by law.

Indemnity

You agree to defend, indemnify and hold us and related persons and entities, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms and Conditions by you, or in connection with the use of upmacs.com or the Internet.

Applicable Law

The laws of Quebec and the federal laws of Canada that apply therein shall govern these Terms and Conditions. The Terms and Conditions shall be treated, in all respects, as a contract entered into in Quebec. As noted above, you may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Quebec for any dispute arising under or relating to this agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this agreement in any jurisdiction wherein you reside, do business or have assets.

Territory

The upmacs.com site originates in Canada.

Writing

These terms and conditions shall be deemed to constitute a “writing”, whether or not you choose to print them out in hard copy. For purposes of evidence in any legal proceeding, a hard copy printout of these Terms and Conditions shall constitute an authentic original of the contract between us.

Language

The parties hereto have expressly required that these Terms and Conditions be drawn up in the English language. Les parties aux présentes ont spécifiquement demandé que cette Convention soit rédigée en langue anglaise.

Acceptance of Terms and Conditions

These Terms and Conditions, including any and all documents referenced herein, constitute the entire agreement between us pertaining to the subject matter hereof. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right.

If you do not agree to all of the Terms and Conditions, you will have to leave upmacs.com and you are not entitled to use or access it. REMEMBER: the Terms and Conditions constitute a legal document, which contains certain disclaimers and limitations of liability. You will be legally bound by these Terms and Conditions if you use or access upmacs.com.

NOTE: UPMACS, its logo, and its product names, are trademarks of UPMACS Communications Inc. All rights reserved. All other trademarks appearing on upmacs.com are the property of their respective owners.