Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

These Terms of Use form a binding agreement (the “Agreement”) between Axelys (hereinafter referred to as “Axelys”, “we” or “us”), and you (“you” or “user”), as a user of the website located at www.axelys.ca (the “Site”). By using this Site, you signify your consent to this Agreement. If you do not agree to this Agreement, please do not use the Site.

Please read this Agreement carefully before using the Site or the services available on the Site. By using or visiting the Site, you confirm your acceptance of the terms of this Agreement. This Agreement, along with any other policies or guidelines posted on the Site, shall govern your use of the Site, whether you access the Site directly or through a third-party website. Certain areas, features or functionalities of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this Agreement; in the event of such a conflict, the Additional Rules will prevail.

BY VISITING THE SITE OR POSTING OR VIEWING ANY CONTENT ON THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND THAT YOU HAVE THE LEGAL CAPACITY  AND HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND EACH OF ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE.

 A. Changes to this Agreement

We may change the terms of this Agreement from time to time. By continuing to use any of the Site after we post any such changes, you accept this Agreement, as modified. We may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time. Axelys is committed to respecting the privacy of users of the Site. Please take a few minutes to review our Privacy Policy.

B. Restricted Use

The Site is provided solely as a convenience to you for non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations and with this Agreement. You acknowledge and agree that Axelys, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site. You further agree that you will not:

  1. modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Site or any Content (as defined hereafter);
  2. use any data mining, robots, or similar data gathering and extraction methods from the Site;
  3. other than for your use of the Site as expressly permitted in this Agreement, access or attempt to access any systems or servers on which the Site is hosted, or modify or alter the Site in any way;
  4. forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site; or
  5. use any meta tags or any other “hidden text” utilizing an Axelys-owned name, trademark or product name without Axelys’s express prior written consent.

For the purposes of this Agreement, “Content” means collectively, but without limitation, any text, images, graphics, software (including source code, object code and related documentation), audio files, videos, articles, trademarks, logos, project records and other information or content available through the Site, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.

C. Intellectual Property Rights

The Site and the Content that is made available through the Site are the property of Axelys, and is protected by Canadian and foreign copyright, trademark and other intellectual property laws. No Content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Content on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Axelys’s copyright, trademark and trade secret rights and other proprietary rights. For the purposes of this Agreement, the use of any such Content on any other website or networked computer environment is prohibited.

Axelys is committed to respecting the intellectual property rights of third parties, and we ask you to do the same. Axelys may at its discretion terminate service and/or access to the Site for users who infringe the intellectual property rights of Axelys or a third party.

D. No Framing

Without the prior written permission of Axelys, you may not frame, or make it appear that a third‑party website is presenting or endorsing, any of the Content of the Site, or incorporate any intellectual property of the Site or Axelys, on a third-party website or third-party service.

E. Trademarks

You may not use any trademark or service mark appearing on the Site without the prior written consent of Axelys, or the owner of the mark.

F. Permission to Reproduce

The Content on the Site, without limitation, is protected by Canadian and foreign copyright and trademark laws. In order to request permission to reproduce any Content on the Site (outside of personal, non-commercial use), please write to:

Axelys
1405 Parc-Technologique Blvd., 2nd Floor
Québec, Quebec, G1P 4P5
[email protected]

G. Permission for Web Linking

To request permission to place a link on your website to enable users to click through from your website to the Site, please send your name, address, website URL, and nature of the website to:

Axelys
1405 Parc-Technologique Blvd., 2nd Floor
Québec, Quebec, G1P 4P5
[email protected]

H. Notification Regarding Communications from Axelys

By registering on the Site, you understand that we may send you communications or data from the Site, including, but not limited to, notices about products and services that we believe may be of interest to you, newsletters and any other material regarding Axelys. By using and registering on the Site, you agree to receive such email messages from us.

We will give you the opportunity to opt out of receiving these commercial emails from us by contacting us via email at [email protected] or writing to us at:

Axelys
1405 Parc-Technologique Blvd., 2nd Floor
Québec, Quebec, G1P 4P5
[email protected]

Please be sure to include your full name and the email address you used when you registered on the Site. It may take up to 10 days to process your postal mail request, during which period you may continue to receive communications from Axelys. You may also unsubscribe by using the unsubscribe link at the bottom of any message you receive from Axelys.

I. Disclaimer of Warranties

We work hard to make the Site interesting, but we cannot guarantee that our users will always find the Site and the Content to their liking. Please read this Disclaimer carefully before using the Site.

AXELYS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE”. AXELYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. AXELYS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE SITE OR ITS CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; ALEXYS DOES NOT WARRANT EITHER THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. AXELYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AXELYS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

MOREOVER, AXELYS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENT, OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT. IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. AXELYS THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.

J. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AXELYS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCLUDING LOSS OF BUSINESS, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF AXELYS OR AN AXELYS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

K. Privacy

We have established a Privacy Policy to explain to users how we may collect and use certain information. You can read the Privacy Policy on our Site. Your use of the Site signifies your acknowledgment of, and agreement to, this Privacy Policy.

L. Indemnification

You agree to indemnify us, defend us, and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or any use or misuse of the Site for which you may be responsible. We reserve the right to assume, at our sole expense, the exclusive defence and control of any matter subject to these indemnification obligations, in which case you will fully cooperate with us in asserting any available defences.

M. Termination of Service

We reserve the right, in our sole, exclusive and complete discretion, and without cause and/or without notice, to (i) terminate without notice your ability to access or use the Site and (ii) delete any data.

N. Severability

Should any provision of this Agreement be contrary to the law, void or unenforceable for any reason whatsoever, that provision shall be deemed severable from the Agreement and shall not affect the validity or enforceability of other provisions.

O. Assignment of the Agreement

We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of this Agreement, to any other party. Any attempt by you to do so is void.

P. Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Q. Headings

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

R. Communications

Except for your personally identifiable information, any communication or material you transmit to the Site by email or otherwise, including any data, questions, comments or suggestions or the like, is and will be treated as non-confidential and non-proprietary. Anything that you transmit via the Site may be used by Axelys for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication or broadcast.

S. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You and Axelys hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. You and Axelys further agree to submit to the exclusive jurisdiction of the courts of the province of Quebec, district of Montreal.