Agreement between User and %RETAILER_NAME%

This website is provided by %RETAILER_NAME%, together with its affiliates and subsidiaries of %RETAILER_NAME%. The "Site" includes, without limitation: (a) all websites, co-branded microsites, services, or applications owned or provided by %RETAILER_NAME%, and all services offered on or through %DOMAIN_NAME%, and other services accessible via %DOMAIN_NAME%. ("Services"); (b) all software offerings and applications owned or provided by %RETAILER_NAME% and/or available on or through %DOMAIN_NAME% ("Software"); and (c) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and coupons, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through %DOMAIN_NAME% ("Content"). By accessing or using the Site, you agree to comply with and be bound by the following terms and conditions ("Terms of Use") and the %RETAILER_NAME% privacy policy.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Updates

%RETAILER_NAME% may revise these Terms of Use or our Privacy Policy at any time. If %RETAILER_NAME% decides to change these Terms of Use, %RETAILER_NAME% will post the changes to these Terms of Use and other places %RETAILER_NAME% deems appropriate so that you are aware of the change(s). Any changes will be effective upon posting as revised, and your continued use of the Site following the posting will constitute your acceptance of the Terms of Use as revised.

Privacy

%RETAILER_NAME% considers protecting your personal data very important, and has developed a Privacy Policy describing %RETAILER_NAME%’s data collection policies and practices, which is incorporated into these Terms of Use by reference as if set forth in its entirety herein.

Children

If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site or to %RETAILER_NAME%.

Other terms

Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time ("Other Terms"). If there is a conflict or inconsistency between these Terms of Use and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

Use of the site

You agree not to access or use the Site in any manner that may damage, disable, unduly %RETAILER_NAME% networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any %RETAILER_NAME% networks or systems, or to interfere or attempt to interfere with any %RETAILER_NAME% networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any %RETAILER_NAME%, networks or systems.

Services

%RETAILER_NAME% may change the Services offered on or through the Site at any time without notice. %RETAILER_NAME% makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.

Content

%RETAILER_NAME% makes no representation or guarantee that the Content is accurate, complete or timely, and reliance on any information within the Content or provided on or through the Site is solely at your own risk.

Third party content

The Site may provide links to websites and access to content, products and services of third parties, and %RETAILER_NAME% makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability of websites and content accessible from the Site, and you bear all risks associated with your access and use of such websites and third party content, products and/or services. Further, links to third party websites and content do not imply endorsement by or affiliation of %RETAILER_NAME% with any third party or any third party website, products and/or services.

Feedback

All comments or materials submitted by you to %RETAILER_NAME% through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, "Feedback") shall be received and treated by %RETAILER_NAME% on a non-confidential and unrestricted basis. Further, %RETAILER_NAME% shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of "spam".

Ownership

All right, title and interest in and to the Site and Content are and shall remain the intellectual property and copyrighted works of %RETAILER_NAME% and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any %RETAILER_NAME% name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without %RETAILER_NAME%'s express prior written consent. Except as stated in these Terms of Use, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of %RETAILER_NAME% or the respective owner.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. %RETAILER_NAME_UPPER% EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, %RETAILER_NAME_UPPER% MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, SERVICES, SOFTWARE, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE SITE IS USED BY YOU AT YOUR OWN RISK. %RETAILER_NAME_UPPER% SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE, SOFTWARE, OR CONTENT.

Limitation of liability

IN NO EVENT SHALL %RETAILER_NAME_UPPER% AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF %RETAILER_NAME_UPPER% HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF %RETAILER_NAME_UPPER% AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.

Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY; HOWEVER, ALL OTHER TERMS AND CONDITIONS SHALL APPLY AND REMAIN IN FULL FORCE AND EFFECT.

Indemnity

You agree to defend, indemnify and hold %RETAILER_NAME% and its officers, directors, employees, agents and affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), arising out of or relating to your use of the Site, Services or Content or your violation of these Terms of Use.

Termination

%RETAILER_NAME% has the right, but not the obligation, to monitor any activity on the Site. %RETAILER_NAME% may disclose information from the Site to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation. %RETAILER_NAME% may investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Site, or any applicable Services, Software or Content. In addition, %RETAILER_NAME% may, in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.

Governing law

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Québec, without resort to its conflict of law principles. Regardless of where you access or use the Site, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or provincial courts located in Montréal, Québec, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use.

Compliance with laws

You agree not to use the Site, Services or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use. Further, you agree not to access, download, use or export the Site, Services, or Content provided on or through the Site, in violation of Canadian Exporting Goods Regulations or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any Canadian or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site, Services, or Content in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

General

These Terms of Use and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an "original" and "in writing" when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by %RETAILER_NAME% of any breach or default of these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use represent the complete agreement between %RETAILER_NAME% and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between %RETAILER_NAME% and you.

Contact information

If you have any questions regarding these Terms of Use, please contact us or by mail at:

%RETAILER_ADDRESS%

Kim Phat Goyer