Terms of Use

Terms of use of the website www.ArbitrageMontreal.com

Arbitration Montréal inc. (hereinafter "Arbitration Montreal") operates the website www.ArbitrageMontreal.com (hereinafter the "Site"). The terms of use contained herein (hereinafter the "Terms of Use") govern any visit or use of the Site and constitute a contract between Arbitration Montreal and you. You have the obligation to read it before visiting or using the Site. Visiting or using the Site constitutes a tacit acceptance of the terms below.

1. ADDITIONAL TERMS

By visiting or using the Site, you agree to be bound by these Terms of Use and to comply with them. If you do not wish to be bound by these Terms of Use, please no longer visit or use the Site.

By visiting or using the Site, you also agree to Arbitration Montreal's Privacy Policy (hereinafter the "Policy").

 

You acknowledge that the Terms of Use and the Policy constitute one and the same contract and document between Arbitration Montreal and you.

2. USE OF THE SITE

2.1. Location of operation of the site

 

The Site is the property of Arbitration Montreal, which operates it from its head office located in Quebec.

 

2.2. Right of access

You are authorized to visit and use the Site at the sole discretion of Arbitration Montreal, which reserves the right to forbid you to access it without having to justify its reasons.

 

2.3. Password protected sections of the Site

 

Some sections of the Site are password protected. It is your responsibility to keep your password confidential when accessing these sections. You agree to be responsible for any activity performed through your password or account.

 

If you have reason to believe that the confidentiality of your password has been compromised, you have the responsibility to notify us without delay. Arbitration Montreal reserves the right to take any appropriate action to ensure the security of the Site and your account, including changing your password, deleting your account or requiring additional identification measures before allowing certain transactions relative to your account.

Notwithstanding the foregoing, Arbitration Montreal may rely on the authority of any person having access to your account or using your password. In no circumstance will Arbitration Montreal be held liable for any costs or damages resulting from:

  1. the compromising of the confidentiality of your password or account;

  2. an action or omission on your part relating to this provision of the Terms of Use;

  3. unauthorized use of your password or unauthorized access to your account.

 

3. INFORMATION PROVIDED BY YOU

 

When you provide information to Arbitration Montreal, whether through the Site or otherwise, you agree to provide only complete, up-to-date and accurate information.

 

4. HYPERLINKS TO THIRD PARTY WEBSITES

 

When the Site provides a hyperlink to the website of a third party, Arbitration Montreal does not offer any guarantee and does not accept any responsibility for the nature, content, quality or reliability of that site. Such a hyperlink can only be provided for reference; the use you could make of it is at your own risk.

5. INTELLECTUAL PROPERTY

5.1. Trademarks

 

Unless otherwise stated, all trademarks appearing on the Site are the property of Arbitration Montreal. Arbitration Montreal trademarks include the brand name "ARBITRAGE MONTRÉAL", "ARBITRATION MONTREAL" and the logo made up of the stylized words "ARBITRAGE MONTRÉAL" or "ARBITRATION MONTREAL" and a balance within a quadrilateral.

Arbitration Montreal does not authorize the use or copying, directly or indirectly, of its trademarks, registered or not, without the prior written consent of Arbitration Montreal.

 

5.2.  Content of the website

 

All content on the site, except for the content used under license, is the property of Arbitration Montreal and is protected by copyright laws. Any use, reproduction or infringement of this content, in whole or in part, is strictly prohibited and could expose you to legal proceedings.

6. NO WARRANTY

 

Arbitration Montreal makes no warranty, express or implied, that the Site will be available at all times or that it will be error free at any time.

 

The content of the Site is provided for informational purposes only, without any guarantee, express or implied, as to the relevance, accuracy or up-to-dateness of the information provided. The content of the Site shall in no way be construed as offering legal or business advice, express or implied.

 

Arbitration Montreal makes no warranty, express or implied, regarding the security of the Site, the maintenance of the confidentiality of the information provided by you or the maintenance of the confidentiality of your password. It is possible for a third party to intercept or alter the communications made on the Site.

7. LIMITATION OF LIABILITY

 

In no event shall Arbitration Montreal, its potential employees, directors, officers, agents, related entities, representatives, partners or any other person acting for and on behalf of Arbitration Montreal, be held liable for damages, whether direct, indirect, consecutive or particular, resulting from the use or inability to use the Site, including, without restriction, any damages for loss of profit, use of data or other intangibles, even when the possibility of such damages was known.

Use of the Site is at your own risks and perils. Your only recourse is to cease the use of the Site.

In the event that, pursuant to applicable laws, any portion of this limitation of liability was deemed invalid or inapplicable for any reason whatsoever, the liability of Arbitration Montreal, or any of its eventual employees, directors, officers, agents, associated entities, representatives, partners or any other person acting for and in the name of Arbitration Montreal, in such circumstances with regards to the liability that would otherwise have been limited by virtue of this limitation of liability, shall not exceed one hundred Canadian dollars ($CAD100).

8. INDEMNITY

 

You are accepting responsibility for any action of omission you carry out on the Site. In particular, you agree that your liability will be incurred should you damage the Site in any way, be it directly by you or through the use by a third party of your password in order to damage to Site or cause prejudice to Arbitration Montreal.

You undertake to indemnify and hold Arbitration Montreal, and any of its eventual employees, directors, officers, agents, associated entities, representatives, partners or any other person acting for and in the name of Arbitration Montreal, or even third parties which Arbitration Montreal may associate itself with from time to time, harmless from all liability, cause of action in civil liability or damages, or any other judicial action, including without limitation any professional and legal fees.

9. MODIFICATION AND TERMINATION

 

Arbitration Montreal reserves the right, in its sole discretion and without prior notice, to unilaterally modify or terminate these Terms of Use.

 

10.  APPLICABLE LAW AND CHOICE OF COURT

 

These Terms of Use are governed by the laws of the Province of Quebec, as well as any applicable Canadian laws.

In the event of a dispute, the courts of the Province of Quebec, judicial district of Montreal, will have exclusive jurisdiction for all legal proceedings relating to these Terms of Use.

11. CONSENT TO COMMUNICATION BY ELECTRONIC MAIL

 

By communicating or interacting with Arbitration Montreal through the Site, social media or its customer service, you explicitly consent to receive communications by e-mail from Arbitration Montreal.

12. DIVISIBILITY

 

In the event that any disposition of these Terms of Use should be held to be invalid, null or unenforceable for any reason whatsoever, said disposition shall be deemed divisible from the rest of the Terms of Use and shall thus have no impact on the validity or opposability of the other dispositions of these Terms of Use.

 

13.  WAIVER

 

The fact that Arbitration Montreal may not exercise a right following a breach of the Terms of Use shall not constitute a waiver of the subsequent exercise of this right.

 

14. FRENCH LANGUAGE

 

These Terms of Use are originally drafted in French, and in case of disparity between this version and the French version thereof, the latter must prevail.