Terms of Service
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Introduction
By accessing the dessercom.com website (the “Website”) operated by Dessercom Inc. (“Dessercom”, “we,” and “our”), you (“you” or “the User”) agree to all of the terms and conditions of use of the Website (“Terms of Service”) set out below and agree to be bound by them. Browsing the Website or clicking on a link constitutes acceptance of these Terms of Service and implies your knowledge of the scope thereof.
Every new tool or feature added to the Website is also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page.If you disagree with the Terms of Service set out below, You are requested to immediately exit the Website by ending your session.
Dessercom reserves the right to revise these Terms and Conditions at any time without notice. Use of the Website after the amended Terms of Service have been posted will constitute acceptance of these revised terms. You are therefore encouraged to review these Terms of Service regularly.
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Terms of Service
You must not use the Website for any illegal or unauthorized purpose in any way, or violate any laws of your jurisdiction when using the Website. This includes, without limitation, using the Website for the following purposes: (a) to induce third parties to carry out or take part in illegal acts; (b) to violate any local ordinance or any international, federal, provincial, or state law, rule, or regulation; (c) to infringe or violate our intellectual property rights or those of third parties; (d) to harass, mistreat, insult, hurt, defame, slander, denigrate, intimidate, or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that is or could be used to compromise the functionality or operation of the Website or any related website, as well as other websites or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, hijack a domain, extort information, browse, explore, or scan the web; (i) for obscene or immoral purposes; or (j) to disrupt or circumvent the security measures of the Website or any related site, as well as other websites or the Internet
Dessercom reserves the right, at its sole discretion and without notice, to deactivate the User’s personal account, to cancel a transaction, or to restrict the User’s access to the Website, in the event that the User violates the Terms of Service or any other applicable condition or policy or if it was brought to the knowledge of Dessercom that unauthorized transactions are or could be carried out by or on behalf of the User.
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Terms and Conditions
For the purposes of browsing the Website, Dessercom grants the User a restricted license to display on their computer or to print, download, and use the HTML language underlying the Website, as well as texts, audio clips, music videos and any other accessible content. However, the aforementioned content may only be used for non-commercial, personal, or educational purposes and may not be modified.
No other use of Dessercom’s intellectual property rights, including the rights to reproduction, duplication, sale, or resale, may be permitted other than that mentioned above, unless the prior written consent of Dessercom has been obtained.
In addition, in order to allow navigation on the Website or to carry out online transactions, Dessercom may allow the User to download, from the Website or other online resources, software and/or computer applications. These software and/or computer applications are protected by copyright, and their downloading and use are governed by their specific user agreements. When you download software or a computer application, you confirm that you agree to abide by the terms and conditions of the license agreement applicable to the software and/or computer application in question.
The headings used in this agreement are included for reference only and do not limit or affect these Terms in any way.
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Accuracy, completeness, and timeliness
Dessercom has designed the Website primarily for information, advertising, and transactional purposes. We cannot be held responsible if the information offered on the Website is inaccurate, incomplete, or out of date. The content of this Website is provided for general information only and should not be considered or used as the sole basis for making decisions without consulting more important, more accurate, more complete, or more current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information it contains. You acknowledge that it is your responsibility to monitor changes to our site.
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Service and price changes
The prices of our services are primarily governed by the Ministry of Health and Social Services and are subject to change without notice.
We cannot be held responsible to you or any third party for any price change, or for any modification, suspension, or interruption of the Website.
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Third-party links
Certain content, products, and services accessible through our Website may include material from third parties.
Third-party links on this site may redirect you to third party websites with whom we are business partners. We are not obligated to review or evaluate their content or accuracy, nor do we warrant or assume any liability for the content or websites, or other content, products, or services from third-party sources.
We are not responsible for any harm or damages that arise from the purchase or use of any goods, services, resources, content, or any other transaction related to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.
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Comments, feedback, and other submissions
If you send any unsolicited creative ideas, suggestions, proposals, plans, or other material (collectively, “comments”), whether online, by email, by mail, or otherwise, you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any medium any comments you send to us. We are not and under no circumstances shall we be required to (1) keep comments confidential; (2) compensate anyone for any comments provided; or (3) respond to comments. We may, but we are under no obligation to, remove content and accounts containing content that we believe, at our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or in violation of the intellectual property of any party or these Terms of Service. You agree that your comments must in no way infringe the rights of third parties, including copyrights, trademarks, privacy, personality, or any other personal or intellectual property rights. You further agree that your comments should not contain any illegal, offensive, or obscene material, or any computer virus or other malicious software that may in any way affect the operation of the Website or any related website. You may not use a false email address, pretend to be someone you are not, or try to mislead us or third parties as to the origin of comments. You are fully responsible for all comments you make and their accuracy. We are not responsible for any comments posted by you or any third party.
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Personal information
Dessercom implements all the measures reasonably necessary so that its Website can comply with legislation regarding the protection of personal information that is applicable in Quebec and in Canada. For this reason, browsing the Website, including payments made online, are governed by Dessercom’s privacy policy, which aims in particular to inform the User of the nature of the personal information that may be collected, used, and communicated to third parties, if applicable. The confidentiality policy provides a mechanism that allows the User to have access to personal information concerning them and to rectify, if necessary, such information. The User can access Dessercom’s privacy policy by clicking on the following link: Privacy Policy.
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Intellectual property
Subject to the works used under license or the links displayed on the Website, Dessercom is the sole owner of the intellectual property rights over all content on the Website, including in particular articles, texts, photographs, images, illustrations, audio clips, video clips, user interfaces, and data and databases.
Without limiting the generality of the foregoing, Dessercom is the sole owner of the trademarks used on the Website or, otherwise, they belong to their respective owners. The trademarks appearing on the Website may not, under any circumstances, be used without the written permission of their owners. Without limiting the generality of the foregoing, the following trademarks in particular belong to Dessercom: “DESSERCOM” and the corresponding logos. In addition, Dessercom may also own other trademarks on names, words, slogans, logos, designs, and graphics which may be displayed from time to time on the Website. The User agrees not to use any of the trademarks appearing on the Website without first obtaining the written approval of Dessercom or their respective owners.
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Exclusion and limitation of liability
Dessercom makes no representation and gives no guarantee regarding the proper functioning of the Website, its suitability for use, or the absence of errors or interruptions during its use. Dessercom makes no representation and does not guarantee that the server from which the Website is operated is or will be free from viruses or other harmful components. THE COMPONENTS OF THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. DESSERCOM AND ITS LICENSORS EXCLUDE ALL WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR VERBAL, LEGAL OR CONVENTIONAL, INCLUDING WARRANTIES OF QUALITY, DURABILITY, FITNESS OR ADAPTATION FOR A PARTICULAR PURPOSE. The exclusions set out above are in addition to the specific exclusions set out in these Terms of Service and those provided in any documentation on the Website.
In addition, Dessercom, our directors, managers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors can in no way be held responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damage, including but not limited to loss of profits, income, savings or data, replacement costs, or other similar damages, whether contractual, tort (even in negligence [1]), strict liability, or otherwise, resulting from your use of the Website or any service or product using it, or from any other claim related in any way to your use of the Website, including but not limited to errors or omissions in any content, or any loss or damage arising from the use of the Website or any content (or services) posted, transmitted, or made accessible through it, even if you have been warned of the possibility of them occurring. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.
[1] It is important to note that it is not possible to exempt oneself from gross negligence.
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Compensation
You agree to indemnify; defend; and hold Dessercom and our parent company, subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or as a result of your violation of these Terms of Service or the documents to which they refer, or your violation of any laws or rights of a third party.
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Severability
In the event that any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision will nonetheless be applicable to the fullest extent permitted by law, and the non-applicable portion will be deemed to be severed from these Terms of Service without this judgment affecting the validity and applicability of the other provisions.
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Entire agreement
Any failure by us to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service or any other operating policy or rule that we post on the Website or that relates to the Website constitute the entire understanding and agreement between you and us, and govern your use of the Website. They supersede all prior and current agreements, communications, and proposals, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service). Interpretation of these Terms of Service should not be construed to the detriment of the drafting party.
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Applicable laws
These Terms of Service, as well as their interpretation, execution, validity, and effect are subject to the provincial and federal laws applicable in the province of Quebec, if applicable.
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Contact
Questions about the Terms of Service should be sent to us at info@dessercom.org.