Last update: 2 september 2021
1. ACCEPTANCE OF TERMS
These Terms will remain in full force and effect at all times during your use of the Services.
3. USER REPRESENTATIONS
User represents and warrants that at the present time, and throughout its use of the Services (i) User is fully authorized to use the Services (ii) User is and will continue to be in compliance with all applicable laws and regulations with respect to its activities related to these Terms, including, but not limited to, laws relating to privacy ; and (iii) if User imports, uploads or provides any information in any software, program or platform provided as part of the Services, User warrants that such information is properly assembled and that User complies with all applicable laws and regulations. User agrees to comply with all Novalex policies and all laws, rules and regulations relating to the use of the Services.
Novalex grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to display on User’s device, print, download and use the content of our Services. The User agrees that all right, title and interest in and to all intellectual property rights in the Services and all modifications, extensions, scripts and other derivative works of the Services provided or developed by Novalex are the exclusive property of Novalex or its licensors. All rights not granted to the User under these Terms shall remain exclusive to Novalex.
5. INTELLECTUAL PROPERTY
The Services may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services as a collective work protected by copyright. Novalex owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content itself. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the Content, in whole or in part. Except as expressly permitted under copyright law, no reproduction, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Novalex and the copyright owner. If copying, redistribution, or publication of copyrighted material is permitted, no change or deletion of author attribution, trademark legend, or copyright notice shall be made.
6. THIRD PARTY SERVICES
Novalex may, from time to time, recommend that you consider or use, and activate or provide access to, third party applications, products, services or website links (collectively, “Third Party Services“). These Third Party Services are provided for convenience only and the purchase, access or use of these Third Party Services is solely between you and the applicable Third Party Service Provider (“Third Party Provider“). Any use you make of the Third Party Services offered through the Novalex Services is entirely at your own discretion and responsibility, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In no event will Novalex be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages resulting from any Third Party Service or your contractual relationship with a Third Party Provider. These limitations shall apply even if Novalex has been advised of the possibility of such damages.
7. No Legal Advice
The content and information posted on our website does not constitute legal advice. The details of your particular situation may affect our recommendations.
8. NO WARRANTY
Novalex WORKS TO PROTECT THE SERVICES AND KEEP THEM ERROR-FREE, BUT THE USER AGREES TO USE THE SERVICES AT HIS OWN RISK. Novalex PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESSED, IMPLIED OR STATUTORY, NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, NEITHER Novalex, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR CONTRIBUTORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, PERTINENCE, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
9. DISCLAIMER OF LIABILITY
IN NO EVENT SHALL Novalex OR ITS RESPECTIVE OR AFFILIATE PROVIDERS BE LIABLE FOR SPECIFIC, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA OR PROFITS, IN ANY ACTION FOR CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHER CIVIL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES BY THE USER, EXCEPT IN THE CASE OF INTENTIONAL OR GROSS NEGLIGENCE.
10. SEVERABILITY, ENTIRE AGREEMENT AND TITLES
If any one or more of the provisions of these Terms are found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of these Terms shall not be affected. These Terms constitute the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede all prior written, electronic or oral communications, representations, agreements or understandings between the parties with respect thereto. The headings in these Terms are inserted for convenience of reference only and shall in no way affect the meaning or scope of these provisions.
12. GOVERNING LAW
These Terms shall be construed in accordance with the laws applicable in the Province of Quebec, Canada, without regard to its conflict of law rules. The User agrees that any dispute or controversy arising out of or relating to these Terms shall be settled exclusively by arbitration in Montreal, Canada, in accordance with the Code of Civil Procedure of the Province of Quebec (CQLR c C-25.01).