TERMS OF SERVICE ESPÉ
Date of last update: June 16, 2023
PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use or reliance on the site maintained by ESPÉ (the “Site”).
By accessing or browsing the site, you declare that you have read and understood the general conditions of use and declare that you are bound by these conditions. Please note that we may change the Terms of Service at any time without notice. Your continued use of the site will be deemed your acceptance of the revised terms and conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the site is owned by us or our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and/or licensed by us. All content on the site including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features as well as any other content, is a collective work under Canadian law or under any other copyright law and is the property of ESPÉ.
All rights reserved.
2. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the Site, including, without limitation, documents, data or information developed by us, or anything else that may assist you in using the Site or services (the “Company Content”). Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as granting you any license or intellectual property rights.
3. ACCEPTABLE USE OF THE SITE
You agree not to use the site for any unlawful purpose or any other purpose prohibited under this clause. You agree not to use the site in any way that could harm the site, the services or the commercial activity of ESPÉ.
You also agree not to use the site for the following purposes:
a) harass, abuse or threaten another or otherwise violate any person’s rights;
b) violate the intellectual property of ESPÉ or any other third party;
c) upload or transmit computer viruses or any other software that could damage the property of ESPÉ or others;
d) commit fraud;
e) creating or participating in any illicit gambling, lottery or pyramid scheme;
f) post or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and or
h) unlawfully collect information about others.
4. PROTECTION OF PRIVACY
By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.
We may receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies, logs, pixel tags (also called “invisible GIFs”), beacons and others.
We use the information collected from you to ensure that you have a good experience on the site. We may also track certain passive information received to improve our marketing and analytics and to do so we may work with third party providers, including other merchants.
If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser.
5. DISCLAIMER OF LIABILITY
Our site exists for communications purposes only. You acknowledge and agree that any information posted on our site is not intended to be legal, medical or financial advice and no fiduciary relationship has been created between you and ESPÉ. We are in no way responsible for the advice or any other information conveyed on the site.
6. REVERSE ENGINEERING AND SECURITY
You may not take any of the following actions:
a) reverse engineer or disassemble any code or software on or from this site;
b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
You agree to defend, indemnify and hold harmless ESPÉ and its affiliates against any claim, suit or demand, including attorneys’ fees, which may arise out of or relate to your use or abuse of the site, your violation of the present or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.
8. SPAM POLICY
You are strictly prohibited from using the site or any service offered on the site for the purpose of illegal activities related to spam, including the collection of addresses and personal information of others or the sending of commercial emails from mass.
9. THIRD PARTY LINKS AND CONTENT
We may post links to third party sites or services. We are not responsible for any damages or losses related to the use of third party services linked to our site.
10. INDEPENDENCE OF THE CLAUSES
If one of these clauses is recognized as illegal, declared null or inapplicable, in whole or in part, the inapplicable portion will not affect the validity and applicability of the other clauses of these conditions of use.
11. SERVICE INTERRUPTION
We may have to interrupt your access to the site in order to carry out ongoing work or unplanned emergency work. You agree that your access to the site may be affected by unplanned or unanticipated unavailability, for any reason, and that we will not be liable for any damages or losses resulting from such unavailability.
12. NO WARRANTY
Although we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, current or complete. Under no circumstances can we be held responsible for any damage that may result from an error on the site.
We assume no responsibility for any damages arising from the misuse of the content of the site. We also cannot guarantee that the site will be available without interruption, without errors or omissions, or that defects will be corrected. Nor is it possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided “as is” and “as available” without representation, warranty or condition of any kind, express or implied.
If you decide to subscribe to services or features of the Site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure their accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or that will be assigned to you when registering or subscribing to ESPÉ or its partners and to assume responsibility for all activities related to the use of these passwords or accounts. Additionally, you agree to notify us of any unauthorized use of your password or membership account. We cannot be held liable, directly or indirectly, for any loss or damage of any kind arising from or relating to your failure to comply with this provision.
You acknowledge that we may, in our sole and absolute discretion, and without notice, suspend, cancel or terminate your account, your use of or your access to the site or any of its services, and remove and delete any information or content relating to the site or any of the services offered (and terminating your use of it), for any reason whatsoever, including if we believe that you have violated these conditions. Further, you acknowledge that we will not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are dissatisfied with ESPÉ or any of its services, or with any of these terms, rules, policies, guidelines or our practices relating to the operation of ESPÉ or any of its services, your only remedy is to stop using the site or service in question.
We are not responsible for any damages you may suffer arising from your use of the site, to the fullest extent of the law. ESPÉ’s maximum liability arising from your use of the Site is limited to one hundred (100) Canadian dollars or the amount paid to ESPÉ within the last six months, whichever is greater. This is valid for any claim including, without limitation, loss of profits or revenue, consequential or punitive damages, negligence, civil liability or fraud of any kind.
15. ADDITIONAL QUESTIONS AND INFORMATION
For any questions or for more information, please contact us at the following address: email@example.com