TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement (“Agreement”) is a legal agreement between you and SERVIOPS Inc. (“SERVIOPS”), the owner and operator of this Web site (the “Web site”). It states the terms and conditions under which you may access and use the Web site and all written and other materials displayed or made available through the Web site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the “Content”). By accessing and using the Web site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. SERVIOPS may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
Disclaimer of Warranties
THE WEB SITE AND THE CONTENT IS PROVIDED “AS IS”. WHILE SERVIOPS ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, SERVIOPS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEB SITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT THE WEB SITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE WEB SITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL SERVIOPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST BUSINESS, LOST PROFIT, BUSINESS INTERRUPTION, INACCURATE INFORMATION, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE USE OR MISUSE OF THE WEB SITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF SERVIOPS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Web site for your personal, noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. If you violate any provision of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any Content.
Any comments or materials (“Submissions”) that you send to SERVIOPS shall be treated as non-confidential unless otherwise agreed between you and SERVIOPS in writing. You hereby grant SERVIOPS a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in your Submission in favour of SERVIOPS, (ii) consent to your name, address and e-mail appearing as the contributor of your Submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission, (iii) acknowledge and agree that SERVIOPS is not responsible for any loss, damage or corruption that may occur to your Submission, and (iv) acknowledge and agree that your Submission will be non-confidential.
Any information sent or received over the internet is generally unsecure. SERVIOPS cannot guarantee the security of any communication to or from the Web site.
This Agreement constitutes the entire agreement between you and SERVIOPS with respect to the subject matter hereof. This Agreement shall inure to the benefit of, and be binding upon you and SERVIOPS and each of our respective successors and assigns. The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Governing Law and Jurisdiction
By accessing or using the Web site, you agree that all matters relating to your access to, or use of the Web site and its Content shall be governed by the laws of the Province of Quebec and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Quebec with respect to all matters relating to the Website.