General terms and conditions
These terms govern the use of the Website: http://uxpertise.ca
The Website is the property of and is managed by uxpertise Inc., hereafter named Owner.
210, Saint-Louis street
Longueuil, Quebec, J4R 2L6
Business Hours: Monday to Friday from 9a.m. to 5p.m. EST
Contact the Owner by email : see the form at the bottom of the page.
By using this Website, you acknowledge to have read and understood the terms and conditions of use, and you accept to respect them at all times.
Type of website: informative website regarding uxpertise inc. and its products.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner undertakes its utmost effort to ensure that the content provided on the Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights concerning the content of the Website
The Owner holds and reserves all intellectual property rights for any content on the Website.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Website.
In particular, but without limitation, Users may not copy, download, share, modify, translate, transform, publish, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on the Website, the User may download, copy and/or share some content available through the Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
The Users may publish the following content on the Website:
- Public comment
By publishing content on the Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on the Website, they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of the Website.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they publish on the Website and provide to the Owner.
Users acknowledge, accept and confirm that all content they provide through the Website is provided subject to the same general conditions set forth for content on the Website.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through the Website. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to the Website:
- if any complaint based on such content is received;
- if a notice of infringement of intellectual property rights is received;
- upon order of a public authority; or
- where the Owner is made aware that the content, while being accessible via the Website, may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through the Website.
The Website may only be used within the scope of what it is provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of the Website violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to the Website, reporting any misconduct through the Website to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
Liability and indemnification
Uxpertise Inc., as well as all its employees or managers, are not responsible, under any circumstances, for events resulting from force majeure, whether caused by a third party or by the User.
Uxpertise Inc., as well as all of its employees or managers, are in no way responsible for any interruption of the Website, equipment failure, technological problem or any other problem originating from third parties, including its subcontractors and suppliers. The latter are in no way responsible for any misuse of the Website by the Users, loss of network connection, Internet failure or any other problem originating from the Users.
Uxpertise Inc. is not responsible for the modification, suspension or interruption of its Website due to problems or technical malfunctions of the various networks, in particular the electronic, computer or communication network, online computer systems, software, servers, computer equipment, data transmission or others.
Limitation of liability for User activities on the Website.
Users acknowledge and accept that the Owner merely provides Users with the ability to consult the Website, send their contact information through the Website, and publish comments on the Website’s articles.
The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users’ obligations.
Limitation of liability
Disclaimer of Warranties
Uxpertise Inc. is provided strictly on an “as is” and “as available” basis. Use of the Website is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Website will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Website will meet Users’ requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at users own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Website.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Website may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the Website’s content, operation, or use of the Website.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Website; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from the use of the Website;
- any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Website;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs for the period of duration of this agreement between the Owner and User.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of the Website, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted by a User, including third party access with User’s unique identification, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Site for maintenance, system updates or any other changes without notice.
Within the limits of law, the Owner may also decide to suspend or terminate the Site altogether.
Additionally, the Site might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Reselling of the Website’s content
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website without the Owner’s express prior written permission, granted directly.
Intellectual Property Rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to uxpertise Inc. are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with uxpertise Inc. are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Modifications of these General Conditions
The Owner reserves the right to amend or otherwise modify these Terms at any time in order to maintain the respect of the law and reflect any changes in the way we operate the Site, and in the way we expect users to behave on our Website. We recommend Users to verify the terms and conditions from time to time to ensure they stay informed of any updates. As needed, we will display a notice on the Website to inform Users of the changes made to these Term and Conditions. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Website.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter.
These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
In the event of failure on the part of a user to comply with any of its obligations, uxpertise Inc. reserves the right to initiate legal proceedings in order to enforce its rights.
Uxpertise Inc. will not be responsible for the non-performance, in whole or in part, of any of its obligations to you, nor for any damages or losses you may suffer, if the non-performance, damages or losses result from an act of God or a circumstance beyond its control.
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Definitions and legal references
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (ou We or Our)
Indicates the natural person(s) or legal entity that provides the Website to Users.
All provisions applicable to the use of the Website as described in this document, including any other related documents or agreements, and as updated from time to time.
Users (or You)
Indicates any natural person or legal entity using the Website.
The website with the domain name: http://uxpertise.ca