MetCap Living

English / French

Terms of Use

TERMS OF USE AGREEMENT

BY USING THIS WEBSITE AND OTHER WEBSITE OWNED AND OPERATED BY METCAP LIVING MANAGEMENT INC. (the “Company”), YOU AGREE TO BE CONTRACTUALLY BOUND BY THE FOLLOWING TERMS OF USE AGREEMENT (the “Terms of Use”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE OF THE SITE (AS DEFINED HEREINBELOW) IMMEDIATELY.

In these Terms of Use, the term “Site” refers to any of www.metcap.com, or to any other website owned and operated by the Company and from which you may have been redirected.
Access to the Site is offered to you by the Company’ on the condition that you accept without modification the terms, conditions and disclaimers contained herein.Your use of the Site and the content therein constitutes your agreement to all such Terms of Use. Any personal information collected, used or disclosed by the Company through the Site is subject to the Company’ Privacy Policy. By agreeing to these Terms of Use, you consent to the collection, use and disclosure of personal information in accordance with our Privacy Policy.

1. Non-Commercial Use.
The Site are for personal and non-commercial use. All content included in the Site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external webSite (the "Content"), is provided for informational purposes only.

2. Warranty Disclaimer.
The Company intend for the Content on the Site to be accurate and reliable, however, the Site and the Content are provided to you on an "as is" and "as available" basis and without warranty or condition of any kind, whether express or implied. In particular, the Company does not control the Content posted by users on the Site and make no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Site. Furthermore, to the fullest extent permissible pursuant to applicable law, the Company, their respective affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. The Company expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the services and other capabilities offered from the Site will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

3. Liability Disclaimer.
Without limiting the foregoing, the Company expressly exclude (and you hereby release the Company from) any liability for any of the following:
• fraud by any user of the Site;
• any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Site and/or the content therein;
• any failure by the Company to ensure that they do not breach any copyright or other intellectual property right of any third party;
• any link on the Site to any other site; and
• loss or damage caused by delay or errors in, or the downtime of, the Site (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that the Company has been advised of the possibility of such loss or damage.
Nothing in these Terms of Use is intended to limit or exclude any liability on the part of the Company where and to the extent that applicable laws prohibit such exclusion or limitation.
In no event shall the Company or its affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Site or any other site you or users of your account may access while using the Site or your use or the use by users of your account of the Content, even if advised of the possibility of such damages.

4. Dealing with Third Parties.
Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Site is solely between you and such third parties, and the Company has no control over the quality, legality or inappropriate nature of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. The Company are not responsible for any loss or damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not the Company, are responsible for compliance with all laws applicable in any such transaction.

5. Indemnity.
You acknowledge and expressly agree that use of the Site is at your sole and own risk. You agree to defend, indemnify and hold the Company and their affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of the Site, including without limitation, the placement or transmission of any information or other materials on the Site by you or users of your account.

6. Prohibited Use of the Site.
You shall not use the Site in any way that would interfere with their operation nor submit any content to the Site, which libels, defames, invades privacy, is obscene, pornographic, and abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Site any information or other materials that:
• could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, racism, assault, or fraud;
• could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy, publicity, moral or statutory or any other rights of any person, including, without limitation and for greater certainty, the Company and their respective affiliates;
• could infringe the intellectual property rights including, without limitation, any copyright, trade-mark, or patent, of any person, including, without limitation and for greater certainty, the Company and their affiliates;
• could be considered as a use of the Site that is contrary to law or electronic etiquette, or which would adversely impact the use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
• contain any distasteful or offensive material including, but not limited to, material intended for an adult audience;
• contain: (i) falsehoods or misrepresentations (ii) commercial content, including without limitation, advertising, solicitation, offers to sell any products, goods or services, or (iii) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, which prohibition includes but is not limited to (a) using the Site to send messages to people who don’t know you or who are unlikely to recognize you as a known contact or who has not consented to receiving electronic messages from you in accordance with applicable anti-spam legislation; (b) using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; or (iii) surveys or contests; or
• encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated herein.
The Company do not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Site and the Company expressly disclaim any and all liability in connection with your submissions to the Site.
The Company reserve the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Site, in whole or in part, at any time, at its sole discretion and without prior notice.

7. License.
By posting, uploading or submitting any information, material or content to the Site, you automatically grant (or warrant that the owner of the rights to such material or content has expressly granted you the rights to grant) the Company a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free right to use, reproduce, modify, adapt, improve, create derivative works from, publish, remove, retain, add, process, analyze, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.

8. Web Scraping/Harvesting.
You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of the Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Site.

9. Hyperlinking to the Site.
You may create a link (the "Hyperlink") to one or more of the Site provided that:
• you do not replicate any of the Content of the Site;
• you do not create a frame or any other bordered environment around the Site or the Content contained in the Site;
• the Hyperlink shall not imply any endorsement of any products, goods or services; and
• the website linking to the Site does not contain any information, content or material that would interfere with the operation of the Site nor which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws.
The Company may withdraw your right to hyperlink to the Site at any time in their sole discretion.

10. Links to Third Party WebSite.
Links available on the Site will allow you to link to webSite or resources not maintained or controlled by the Company. The Company provide these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding those other webSite and expressly disclaim all responsibility for content on third party webSite. The Company has neither reviewed nor approved any content that appears on such other webSite. Please be aware that you link to these third party webSite at your own risk. You acknowledge and agree that the Company shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other webSite, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

11. Copyright.
All Content published on or otherwise accessible through the Site, including without limitation, all texts, designs, images, photographs and other information, is protected under Canadian and other copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by the Company and/or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder”). The Company grant you a limited license to display or print the Content for your own personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of the Copyright Holder(s) of the Content. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Site and maintain such notices in the Content. The Company do not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties.

12. Trade-marks.
MetCap TM, MetCap Living TM, MetCap Living Management Inc.TM are trade-marks of either of the Company in Canada. All other products, services and company names mentioned in the Site may be trademarks of either of the Company and/or their affiliates or their respective owners. You shall not use any trademark displayed on the Site without the express written permission of the applicable Company or the relevant owner of the trademark.

13. Changes and updates.
The Company reserves the right to change or remove any Content from the Site, in whole or in part, at their sole discretion, at any time, without notice. The Company reserves the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Any material changes will take effect 30 days after their posting. You must regularly review these Terms of Use. Please refer to the last update date, which appears at the bottom of this page to know the posting date of any change. Your continued use of the Site following any modification to the Terms of Use constitutes your agreement to such modified Terms of Use.

14. Registered User Accounts.
In order to access certain parts of the Site, you may have to register as a user with the Company. During registration for a user account (“Account”), you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this section.

15. Applicable Law.
These Terms of Use shall be governed by and construed in accordance with the laws of Québec and the federal laws of Canada applicable therein. The parties hereby agree and attorn to the exclusive jurisdiction of the courts of the province in which you reside. The parties have required that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que ces termes et conditions ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

16. General.
The Company reserves the right to terminate or suspend access to the Site and/or to terminate these Terms of Use at any time without notice and for any reason whatsoever. The Company reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion. Any service order or transaction performed on or through the Site may be subject to additional terms and conditions or terms of sale. The Terms of Use of the Site and all other documents referenced herein constitute the entire agreement between the Company and you with respect to your use of the Site or the use by users of your account. The Company' failure to insist upon, or enforce strict performance, of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any terms in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

Last updated: February 2019.