TERMS OF USE
Rougié (“Rougié”, “we”, “our”, or “us”) welcomes you. Thank you for using our website <www.rougie.us> and the other websites we own and operate (collectively, the “Website”). We hope you will easily find all the information you need.
Acceptance of the Terms of Use
Your use of the Website is governed by these terms of use (the “Terms of Use”). Please read them carefully before using the Website. Each time you access or use the Website, you enter into a contract with us and agree to be bound by these Terms of Use. If you refuse to be bound by and comply with them, please do not access or use the Website.
We also reserve the right to refuse you access to the Website or the right to prevent you from using it if we have reason to believe that you are not complying with these Terms of Use.
Modifications
Rougié reserves the right to make changes to these Terms of Use at any time. We will notify you by posting an update on the Website. It is your responsibility to periodically review the Terms of Use. If you use the Website after we have made changes, it means that you accept the changes and agree to be bound by the Terms of Use in their amended version.
Rougié also reserves the right to make changes to the Website, including to the products, goods, or services found or referenced on the Website, or to interrupt access to them, temporarily or permanently, with or without notice and without liability.
Links
You will find on the Website useful links and references to other websites that are owned and operated by third parties. Rougié does not endorse or approve the information, products, goods, or services found or offered on the linked websites. Similarly, Rougié does not endorse or approve anyone associated with other websites linked through our Website. These third-party websites and their content are not updated, operated, or controlled by Rougié, so Rougié makes no warranties in this regard. You assume sole responsibility for your access to and use of these third-party websites and their content.
You may not create a link to or refer to the content of our Website, as well as the icons, logos, or trademarks of Rougié, nor may you use, reproduce, republish, or disseminate them, without our prior written consent.
Representations and Warranties
When you use or access our Website, you represent and warrant to us that:
you are at least 18 years of age and have the legal capacity to agree to comply with these Terms of Use;
at the time you purchase any product, good, or service found on the Website, you are not violating any other agreement, obligation, or provision of any law or regulation, nor are you violating any intellectual property rights of a third party;
you agree to provide us with information, including personal information, and to delete or modify it (and, where applicable, you have obtained all necessary approvals, consents, and authorizations from third parties to do so); the information provided is truthful, accurate, and complete;
you accept full responsibility for any contributions, charges, duties, fees, taxes, and other financial obligations arising from your use of our Website under your name or account and that of anyone using our Website under your name or account;
you agree to supervise any person who has not reached the age of majority applicable in your jurisdiction when they access or use the Website under your name or your name or account.
Limitations of Use
You may not access or use the Website for any illegal purpose or any purpose prohibited by these Terms of Use. You may access or use the Website to learn about the availability of products, goods, and services offered on the Website and to purchase them. Any other use of the Website, including for commercial purposes, is expressly prohibited.
In addition, when you access or use the Website, you agree not to commit or participate in any of the following acts, which are expressly prohibited by these Terms of Use:
directly or indirectly access or use the Website, or encourage, solicit, authorize, support, aid, assist, or permit in any way, including but not limited to the sale, licensing, distribution, or provision to anyone by any means whatsoever that authorizes or facilitates access to or use of the Website, using any manual process or any automatic, electronic, or technical device, including but not limited to any automated script, bot, crawler, screen scraper, web robot, deep link, indexing robot, spider, click-fraud spammer, macro program, or other device, program, software, system, algorithm, methodology, or technology, now known or hereafter discovered, that performs the same or similar functions, in order to, among other things, “data mine”, “screen scrape”, process data, extract, copy, distribute, aggregate, or obtain or gain access to information, generate impressions or clicks, enter or store information, perform or generate searches, or manipulate or monitor any part or elements of the Website;
unless expressly stated otherwise in these Terms of Use, create a derivative work from the information, products, goods, services, or software found or offered on the Website or that you can obtain in any way from the Website, or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, assign, transmit, or distribute in any way, modify, edit, add to, reproduce, design, redo, truncate, retouch, store, or rearrange in any way. Without limiting the generality of the foregoing, you also agree that there shall be no pop-up or other window, expanding button, banner, advertisement, or anything else that minimizes, covers, or otherwise prevents the full display of the Website;
access, use, or act in any manner that unreasonably or disproportionately overloads our infrastructure or in a manner that reduces the speed of the Website, thereby impairing the normal operation of the Website or otherwise constituting misuse or abuse thereof;
circumvent or attempt to circumvent any measure or precaution taken by Rougié or any action taken by Rougié to prevent the use of or access to the Website in violation of these Terms of Use;
access the Website to make any speculative, fraudulent, or false purchase. Rougié reserves the right to cancel any such prohibited order without notice and without liability;
engage in any act or activity that is inconsistent with these Terms of Use, or any act or activity that Rougié deems, in its sole and absolute discretion, to be inconsistent with these Terms of Use.
Protection of Your Personal Information
Rougié is committed to respecting your right to the protection of your personal information. When you use the Rougié Website, the processing of the information you share with us is subject to a high standard of privacy and to our policy detailed on this website.
Disclaimer of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, GOODS, SERVICES, MATERIALS, OR OTHER CONTENT FOUND OR OFFERED ON THE WEBSITE OR THAT YOU HAVE OBTAINED OR MAY OBTAIN FROM THE WEBSITE (COLLECTIVELY, THE “ROUGIÉ CONTENT”) MAY CONTAIN ERRORS OR OMISSIONS, BE OUT OF DATE, OR HAVE BEEN MODIFIED BY ROUGIÉ OR ITS SUPPLIERS, AGENTS, AND CONTRACTORS.
ROUGIÉ MAKES NO COMMITMENT TO UPDATE THE ROUGIÉ CONTENT. NOR DO WE WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR THAT THE SERVERS USED FOR THE WEBSITE ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, WORMS, HIDDEN DOORS, OR OTHER PROGRAM CODE, PROGRAM INSTRUCTIONS, OR INSTRUCTION SETS DESIGNED TO DISRUPT, DISABLE, OR OTHERWISE COMPROMISE OR HARM COMPUTER PROGRAMS OR FILES OR THE OPERATION OF DATA OR DAMAGE THEM. YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK.
THE WEBSITE AND THE ROUGIÉ CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING TITLE, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, OR TIMELINESS OF DATA; ROUGIÉ EXPRESSLY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL ROUGIÉ OR ITS SUPPLIERS, AGENTS, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEBSITE OR THE ROUGIÉ CONTENT OR THE DELAY OR INABILITY TO USE THEM, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE TO TRANSMIT A NOTIFICATION, A LOST, INTERCEPTED, REVIEWED, OR MODIFIED EMAIL OR TEXT MESSAGE BY ANYONE, A TEXT MESSAGE SENT TO A VALID PHONE NUMBER THAT YOU HAVE PROVIDED TO US BUT THAT YOU DO NOT OWN OR NO LONGER OWN, A COMPUTER VIRUS AND OTHER DAMAGE TO YOUR MOBILE DEVICE, YOUR COMPUTER, YOUR COMPUTER NETWORK, OR YOUR OTHER PROPERTY, A COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR ALTERATION OF OR UNAUTHORIZED ACCESS TO RECORDS, DATA, INFORMATION, OR PROGRAMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ROUGIÉ OR ITS SUPPLIERS, AGENTS, AND CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
As a condition of using or accessing the Website, you agree to defend, indemnify, and hold harmless Rougié and its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, demands, lawsuits, actions, proceedings, obligations, judgments, penalties, taxes, fines, and damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) the Rougié Content; (b) the information, including personal information, you provide to us on your behalf or on behalf of a third party; (c) your use of the Website (or the use of anyone acting with your name or account); or (d) your breach of these Terms of Use.
Information You Provide to Rougié
We appreciate your comments and suggestions. Any feedback you provide to us, including but not limited to questions, comments, or suggestions regarding our products, goods, or services or the content of the Website, is considered non-confidential information.
We have no obligation to you with respect to such information and are free to reproduce, use, disclose, or distribute the information without charge, without your consent, without restriction, and without liability. We are free to use any ideas, inventions, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing and marketing products, goods, and services that incorporate such information.
Governing Laws
These Terms of Use are governed by and shall be construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, and shall be treated in all respects as a contract made in Quebec, without regard to conflict of law principles prescribed by any law of any other jurisdiction. All disputes shall be subject to the exclusive jurisdiction of the courts of the judicial district of Montreal, Province of Quebec.
Injunctive or Similar Relief
You acknowledge that Rougié may bring an action against you in a court of competent jurisdiction for the purpose of enforcing these Terms of Use and obtaining damages or equitable relief if you breach these Terms of Use.
Entire Agreement
Subject to any other applicable agreement entered into with us, these Terms of Use and any other notices or statements posted on the Website constitute the entire agreement between you and Rougié regarding the use of the Website, including the use of the Rougié Content, and these Terms of Use supersede any prior or contemporaneous communications or proposals, whether electronic, oral, or written, between you and Rougié with respect to the Website and the Rougié Content.
Evidence
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver
Any delay, omission, or failure by Rougié to exercise its rights, powers, or remedies under these Terms of Use shall not constitute a waiver by Rougié of such rights, powers, or remedies. The single or partial exercise of a right, power, or remedy shall not prevent us from subsequently exercising another right, power, or remedy. Rougié may assert its rights, powers, and remedies at any time and against anyone.
Severability
If any provision of these Terms of Use is held to be invalid, illegal, or for any reason unenforceable, then that provision shall be severed from the remainder of these Terms of Use and shall not affect the validity or enforceability of the remaining provisions.
Additional Terms
You acknowledge that the products, goods, and services found, referenced, or described on the Website or that you have obtained or may obtain in any way from the Website, whether those of Rougié or those of a third party, are subject to additional terms and conditions, including but not limited to those relating to the payment of amounts due and the availability of rates, products, goods, and services, and you agree to comply with them.