Francais

TERMS OF USE

 

 

DM Borekas - Terms and Conditions

 

Your access to DMBorekas.com is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Web site, your sole and exclusive remedy is to discontinue using this site.

 


DISCLAIMERS

 

You acknowledge and agree that:

 

a.         Although we strive to provide on this Web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. DM Borekas reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.

 

b.         DM Borekas MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. DM BOREKAS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL DM BOREKAS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER DM BOREKAS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

 

c.         DM Borekas is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Web site, DM Borekas will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by DM Borekas.

 


YOUR USE

 

You understand, acknowledge, and agree to the following:

 

a.         By using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site or on any of our servers. You also agree not to attempt to circumvent any security features of our Web site, and to abide by all applicable, local, provincial, state, federal and international laws, rules and regulations.

 

b.         You grant to DM Borekas the right to use all content you upload or otherwise transmit to this Web site, subject to these Terms and Conditions and DM Borekas’s Privacy Policy in any manner DM Borekas chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

 

c.         Except as expressly stated and agreed upon in advance by DM Borekas, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to DM Borekas (such as feedback, questions, comments, suggestions, ideas, etc.). If any DM Borekas Web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), DM Borekas shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and DM Borekas shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever. The sender of any information to DM Borekas is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

 


INTELLECTUAL PROPERTY

 

The information, documents, related graphics and riche media (video) published in this Internet Web site (the "Informations") are the sole property of DM Borekas, except for information provided by third-party providers. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text. DM Borekas is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of DM Borekas.

 

No use of any DM Borekas trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of DM Borekas, except to identify the product or services of the company.

 


PRIVACY AND SECURITY

 

DM Borekas is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Web site. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Web site, you agree to be bound by that policy.

 

You recognize and agree that when submitting your personally identifiable information to DMBorekas.com, while DM Borekas has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, DM BOREKAS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF DM BOREKAS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DM BOREKAS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

 


LIMITATION OF LIABILITY

 

DM Borekas does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Web site. Reliance on these materials, information and opinions is solely at your own risk. DM Borekas disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.

 

THIS DM BOREKAS WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL DM BOREKAS, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “DM BOREKAS PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY DM BOREKAS AND WHETHER OR NOT DM BOREKAS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

 


GENERAL

 

You agree that these Terms and Conditions describes the entire agreement between us with respect to its subject matter. DMBorekas.com was created and is operated under the laws of the Province of Quebec. The laws of the Province of Quebec will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect.