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Terms of use of otonom solution inc.


Please read the terms of use below carefully (hereinafter “Terms of Use”).

By deciding to use the website (hereinafter the “Website”) and the services of Otonom Solution Inc. (hereinafter “Otonom Solution”), the user (the end user or the organisation you represent or you work for - hereinafter the “User”) accept without delay all the Terms of Use indicated below that govern the content and the running of the Website, including the Privacy Policy of Otonom Solution.

These Terms of Use have the effect of legally binding the User and Otonom Solution (hereinafter the “Parties”). The Parties are entitled to invoke this convention and to take all appropriate and necessary measures to enforce it.

The User accepts and recognizes that Otonom Solution has the right, at any moment and without a previous notice, to modify, change or update the Terms and Condition. The use of the Website by the User after such modification means that the User consents to respect the Terms and Conditions as modified and to be legally bound by them. Otonom Solution will attempt, as far as possible, to inform Users of any changes to these Terms and Conditions, however it is your responsibility to review them regularly to be informed of any changes that may be made. If the User does not accept these Terms of Use or, as the case may be, the Terms of Use as modified from time to time, he must not use Otonom Solution’s platform.

ACCESS AND USE OF THE WEBSITE

If you browse the Website, it means that you have read, understood and accepted the Terms of Use.

The service is accessible from any tool (computer, smart phone, tablet, etc.) and on all browsers. Using Google Chrome is recommended for the use of Otonom Solution’s platform.

THE SERVICE

Otonom Solution’s Website is accessible at all times. The Website may be temporarily unavailable in case of updates or technical problems. Otonom Solution is not responsible for any interruption of service or updating. Otonom Solution tries to make the updates when the affluence of visits on the Website is at its lowest.

Otonom Solution reserves the right to add, delete and modify all content on the Website, except for the specific content of the User. Otonom Solution can not be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the contents on his account. We do not delete anything unless a User requests it.

Each User agrees, non-restrictively, to not :

  • a) Use the Website in a way that could harm, put out of service, surcharge or jeopardizes the Website;
  • b) Disrupt the security or otherwise abuse of the Website or any service, system’s resources, server or network linked to the Website or to websites affiliated, linked to or accessible from the Website;
  • c) Disturb or disrupt the use or the enjoyment by other users of the Website or websites affiliated or linked to the Website;
  • d) Download, display or otherwise provide on the Website a virus or any other file or computer program that is harmful, disrupting or destructive;
  • e) Use a robot, spider or any other automatic device or manual method to control or copy pages or content of the Website;
  • f) Use the Website to send e-mail chains, spam messages or any other type of unsolicited mass e-mail; and
  • g) Attempt to obtain unauthorized access to the Website or to certain parts of the Website with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. He agrees to respect the legislation applicable to his use of and his activities on the Website.

PROPERTY, TRADEMARK AND COPYRIGHT

All intellectual property rights (trademarks, copyrights, etc.) (hereinafter “Intellectual Property”) related to the Website are the exclusive property of Otonom Solution. You may not copy or use the material, structure, menu, appearance or characters that appear on the Website without the express content of Otonom Solution.

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other things displayed on the Website are deposited or non-deposited trademarks, service marks or commercial designations (for the means of the following terms and conditions, they are all designated by the word «trademark»). Those trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, exclusively owned by Otonom Solution.

Without limiting their coverage, the Intellectual Property elements belonging to Otonom Solution include, non-exhaustively, the following elements :

  • - All logos, drawings, graphs, marks (deposited or not), symbols as well as the general content on the Website.

Any information provided on the Website belongs to Otonom Solution and is protected by the applicable laws. Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, exploited with a license, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without Otonom Solution’s express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Website.

You can use the information on the Website exclusively for your own personal and non-commercial use, provided that you indicate on the copies the mentions regarding copyrights as well as the notices and attributions of the respective trademarks. The Terms and Conditions allow you to have restricted authorization regarding your consultation, the display on your computer, the download and printing of text or pictures presented on the Website. This authorization is strictly for non-commercial, personal and educational uses, provided that the Website’s content is not modified. This authorization belongs only to you and cannot be attributed or transferred to anyone else neither can it be subject to a sublicense. The pictures and the text contained on the Website that are downloaded, copied, saved or printed are still subject to the Terms and Conditions. You need to assure yourself that all the notices regarding copyrights and trademarks are still on them. The Website’s content can be modified at all times without warning. For further information regarding the authorization to use, reproduce or publish again any information displayed on the Website, please contact us at the following e-mail address: j.salvador@otonomsolution.com.

No provision of this convention shall be interpreted as conferring a license or any kind of entitlement regarding copyrights or trademarks.

Unauthorized download, broadcast, copy or modification of the Intellectual Property or data contained in the Website can breach federal laws or any other law regarding trademarks or copyrights. Such breach can expose the Website’s user to a lawsuit.

The content created by the User is its property and he is responsible for ensuring that he has the rights to its use.

EXTERNAL LINKS

It is possible that by using a link, you exit the Website to access providers’ website or contents (hereinafter referred to as « external Websites »). In addition to its own content, Otonom Solution provides on its Website links to external Websites only for user-friendly and informative purposes. Otonom Solution has no control over the content of those external Websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy regarding a determined objective. Otonom Solution is also not responsible for any direct or indirect damage or consequence regarding content use. Otonom Solution has no influence on the content to which the links refer to and is not responsible for their careful selection or for the external Websites’ content, particularly when the content has been modified since the implementation of the link. Otonom Solution does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, Otonom Solution does not subject the external Websites to any intermediary short-term automatic safeguard. Consequently, the owners of the external Websites accessible from the external links remain responsible for their content.

Furthermore, Otonom Solution does not guarantee the absence of any law violation, including the absence of any law regarding copyright, trademark or any other rights violations by those external Websites or their content. Otonom Solution does not guarantee the absence of virus or any other harmful composites on those external Websites or on their content. Otonom Solution also does not guarantee the accuracy of documents available on Internet.

DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY

Otonom Solution does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Website. This information is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied terms and warranties of merchantability and fitness for a particular purpose, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.

Otonom Solution is not responsible for the content posted on the Website by the Users and for any damage that may result. Each User is responsible for the content they exchange on the Website and may not use the Website for purposes contrary to the laws applicable in Quebec and Canada.

Otonom Solution shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Website or the service, the information, documents and software contained therein, with their content, even if Otonom Solution has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

As a User, you will indemnify Otonom Solution, its directors and employees, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Website and the service and/or the violation of these Terms of Use, whether this infringement is on your behalf or any other third-party user of your account.

You may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.

APPLICABLE LAWS AND JURISDICTION

The Website and its content are managed by Otonom Solution from their offices located in the Province of Quebec in Canada. The Website, its content, the Terms and Conditions and your use of the Website are regulated by the applicable Quebec and Canadian legislation, without giving effect to no principle regarding conflicts of laws.

You accept that any question or litigation regarding the Website and your use of it be exclusively settled by the courts of Quebec.

In addition, any court decision that any provision of these Terms of Service is void or unenforceable has no effect on the other clauses.

AMENDMENTS TO THESE TERMS

We occasionally update these Terms of Use. Continued use of this service constitutes your agreement to these Terms of Use and to its updates.

Otonom Solution reserves the right to modify or supplement these Terms of Use at any time, at its sole discretion and without notice. It is recommended to regularly check this page by referring to the date of the last modification indicated at the bottom of this page.

If you object to any changes to these Terms of Use, please cease all use of the Website. Otonom Solution will attempt, as much as possible, to inform users of any changes to these Terms of Use, however it is your responsibility to review them regularly to be informed of any changes that may be made.

PERSONNE RESSOURCE

If a problem of definition or interpretation arises between the English and French versions of this Policy, the French version shall prevail.

CONTACT PERSON

If you have any questions or comments regarding any content of the Website, please contact us at c.brodeur@otonomsolution.com.

Last update done on August, 31th 2018

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