Terms and Conditions
for Access TO and Use of Site
Please read these terms and conditions carefully. They contain disclaimers of warranties, representations, conditions, exclusions and limitations of liability, waivers of rights and acceptance of risks in relation to access to and use of this Site (the «Site») and the information, products or services it contains or offers. By accessing this Site, you, the User, acknowledge these terms and conditions and agree without limitation or qualification to be bound by them and by applicable laws. If you do not agree to these terms and conditions, do not access this Site or any pages thereof.
1. Ownership and Monitoring
This Site and the information, the materials and the contents provided therein (the «Information») are owned by BFL CANADA, hereinafter referred to as BFL. BFL may monitor access to, use of and other activities relating to the Site, and may intervene in relation thereto but does not make any representation or warranty that it will do so.
2. Use of Site and of Information
Users agree not to introduce into or through this Site any information or material which may be harmful to others, including information which may constitute libel, slander or defamation or give rise to a criminal offence or civil liability on the part of any person or entity. Users warrant that information or material which they provide to BFL electronically through their access to or use of this Site does not infringe the rights of any person or entity. At BFL's sole discretion, BFL may terminate or refuse access to the Site to any person or entity, for any reason and without notice.
The content of BFL’s Site is provided for information purposes only and should only be relied upon for that purpose.
The Information on this Site does not constitute an offer or solicitation by anyone in any jurisdiction.
If Users choose to access the Site from outside Canada, they do so on their own initiative and are responsible for compliance with applicable local, national or international laws.
3. Internet E-Mail, Links and Downloading of Software
Any unencrypted e-mail communication over the Internet is not secure or confidential, and is subject to possible interception.
Links from or to other Web sites or Internet resources outside the Site are meant for convenience only and are at Users’ own risks. The content, third parties named therein or their products and services, opinions expressed and other links provided by these sites’ resources are not reviewed, investigated, verified, monitored or endorsed by BFL. BFL makes no representations whatsoever about any other Web sites, which Users may access through the Site, and BFL, shall not be responsible or liable for any damages in connection with linking.
4. Privacy and Confidentiality
BFL is committed to take all reasonable measures to protect the privacy of Users with respect to the personal information they provide and will give effect to the principles, terms and conditions contained in its Online Privacy Policy in accordance with applicable privacy legislation, including the requirements, procedures, exclusions and exceptions provided therein.
Despite its best efforts and the measures taken by BFL to ensure the protection of personal information, the risk that the confidentiality or privacy of such information is violated, lost or otherwise breached cannot be excluded. It is therefore understood and agreed that access to or use of the Site is at the User’s own risk, which he hereby accepts, and entails waiver of any rights or remedies against BFL for any prejudice whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of personal information. BFL is not responsible for and shall not be liable to the User or other persons for any claims, losses, costs, expenses or damages whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of personal information.
Subject to applicable privacy legislation in Canada, it is understood that, by accessing or using the Site, Users agree and consent to the collection, use, disclosure, retention and disposal of the personal information required by BFL for the purposes identified in its Online Privacy Policy or for a use consistent with those purposes.
5. Intellectual Property and Trade-marks
Certain names, words, titles, phrases, logos, icons, graphics, designs or other content in the pages of the Site are trade names or trade-marks owned by BFL, or trade names or trade-marks licensed to BFL. The Information is protected under the copyright laws of Canada and other countries. The display of trademarks and trade names on pages in the Site does not imply that a licence of any kind has been granted to anyone else. Trade-marks, trade-names and the contents of the Site may not be copied, displayed, posted, distributed, published, stored in any medium, re-transmit, modified, used or reproduced in any way or form without the express written permission of BFL. Any unauthorized downloading, re-transmission or other copying or modification of trade-marks and/or the contents of the Site may be a violation of federal or other law or common law rights that may apply to trade-marks and/or copyrights and could expose the copier to legal action.
6. Disclaimer of Warranties, Representations, Conditions and Endorsements
BFL does not give, make or set any warranties, representations, conditions, guarantees or endorsements, whether expressed or implied by law, statute, trade usage or otherwise, with respect to the functionality or conditions of this Site or the Information contained therein, including, without limitation, warranties as to merchantability, operation, non-infringement, title, usefulness, completeness, accuracy, adequacy, currency, reliability or fitness for a particular purpose.
7. Exclusion of Liabilities
BFL, its agents, employees, directors, officers and affiliated companies and any person associated with the creation of this Site or its contents are not responsible for and shall not be liable to Users or other persons for any claims, losses, costs, expenses or damages whatsoever, including direct, indirect, incidental, special, consequential, reliance, exemplary or punitive damages arising out of or in connection with this Site, the Information contained therein, or the access to or use thereof.
The aforementioned exclusions and limitations shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if BFL has been advised of the possibility of such claims, losses, costs or damages.
8. Indemnification
Users agree to indemnify and hold BFL and its officers, directors, agents, and employees harmless from any claim or demand, cause of action, liabilities and costs including reasonable lawyer's fees made by any third party due to or arising out of: (a) Users’ use of this Site and the Information, (b) Users’ violation of the present Terms and Conditions, (c) any Users’ misrepresentations or (d) Users’ violation of any rights of another.
9. Governing law and Competent jurisdiction
The Site and the Terms and Conditions shall be governed by and construed in accordance with the laws in force in the province of residence of a User accessing the Site and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of laws, save for Users residing outside Canada, in which case the Site and the Terms and Conditions shall be governed by and construed in accordance with the laws in force in the Province of Quebec.
All disputes, controversies or claims arising out of or in connection with the Site, including the Terms and Conditions contained thereon, involving a User residing in Canada shall be submitted and be subject to the jurisdiction of the courts of his or her place of residence in Canada. All disputes, controversies or claims arising out of or in connection with the Site, including the Terms and Conditions contained thereon, involving a User residing outside Canada shall be submitted and be subject to the jurisdiction of the courts of the Province of Quebec.
10. Final Provisions
BFL may modify, alter or otherwise update the Terms and Conditions applicable to this Site from time to time, without notice, by updating this posting. Users agree to review the Terms and Conditions regularly and to be bound by their continued access and use by such Terms and Conditions as are in effect at the time when they access BFL's Site.
The Information contained in this Site may be changed at any time without notice.
These Terms and Conditions apply while Users are accessing the Site and remain in effect thereafter. In the event that this Site is no longer accessible to Users, the provisions set out in Articles 1 and 4 to 10 inclusively of these Terms and Conditions shall survive thereafter.
