Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY THE SALON INTERNATIONAL DE L’ALIMENTATION (CANADA) ("SIAL"). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.SIALCANADA (THE "SITE") AND THE SERVICES, FEATURES, CONTENT OR APPLICATIONS OFFERED BY SIAL (COLLECTIVELY WITH THE SITE, THE "SERVICE").

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use"), and all other operating rules, policies and procedures that may be published from time to time on the Site by SIAL, each of which is incorporated by reference and each of which may be updated by SIAL from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service.  SIAL may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.  You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.  SIAL cannot guarantee the authenticity of any Content or data which users may provide about themselves.  You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.  For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service.

The Service contains Content specifically provided by SIAL or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable.  You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms of Use, SIAL grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use.  Use, reproduction, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from SIAL, or from the copyright holder identified in such Content's copyright notice, as applicable.  You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

Personal Information You Provide to Us - We receive and store any information you enter on our Service or provide to us in any other way.  The types of Personal Information collected may include your name, email address, use information regarding your use of our Service, and browser information.  We automatically receive your location when you use the Service.  We may also draw upon this Personal Information in order to adapt the Services to your needs, to research the effectiveness of our network and Services, and to develop new tools.

Information Collected Automatically - When you use the Service, SIAL automatically receives and records information on our server logs from your browser or mobile platform.  We treat this data as non-Personal Information, except where we are required to do otherwise under applicable law.  SIAL only uses this data in aggregate form.  We may provide aggregate information to our partners about how our customers, collectively, use our Site, so that our partners may also understand how often people use their services and our Service.

Personal Information about our users is an integral part of our business.  We neither rent nor sell your Personal Information to anyone.  SIAL may share your Personal Information only with its agents.  We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you.  Our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us, and they provide a comparable level of protection for your Personal Information.

If SIAL or substantially all of its assets are acquired, or in the unlikely event that SIAL goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.

We may release Personal Information when we believe in good faith that release is necessary to comply with the law, including laws outside your country of residence; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of SIAL, our employees, our users, or others.  This includes exchanging information with other companies and organizations (including outside of your country of residence) for fraud protection and credit risk reduction.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.  You shall abide by all applicable local, state, national and international laws and regulations.

SIAL does not guarantee that any Content will be made available on the Site or through the Service.  SIAL has no obligation to monitor the Site, Service or Content.  However, SIAL reserves the right to remove, suspend, edit or modify any Content in its sole discretion, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if SIAL is concerned that you may have violated these Terms of Use), or for no reason at all.  SIAL also reserves the right to access, read, preserve, and disclose any information as SIAL reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of SIAL, its users and the public.

Save to the extent required by law, SIAL has no special relationship with or fiduciary duty to you.  You acknowledge that SIAL has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

SIAL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.  YOUR USE OF THE WEBSITE, SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK.

The Site may contain links to third party web sites.  Monitoring the vast information disseminated and accessible through those links is beyond our resources.  Links are provided for convenience only and SIAL does not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.  If you choose to access any such web site, you do so entirely at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, SIAL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.  IN NO EVENT WILL SIAL BE LIABLE FOR ANY DAMAGES OR ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SIAL IS ADVISED OF THE POSSIBILITYOF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

SIAL reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email.  SIAL may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Subject to the General Sales Conditions embeded in the Subscription Form, these Terms of Use are the entire agreement between you and SIAL with respect to the Service and use of the Site or Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and SIAL with respect to the Site.  If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You and SIAL agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and Canada, excluding the conflicts of law rules.  Any dispute arising from or relating to the subject matter of these Terms of Use shall be exclusively and finally settled by arbitration in the judicial district of Montreal, using the French language, in accordance with Book VII of the Code of Civil Procedure(Quebec).  The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the courts located in the judicial district of Montreal.