Terms of use

SUMMARY

This Web site is operated by M.C. Rainville Inc. Throughout the site, the terms “we”, ‘us’ and “our” refer to M.C. Rainville Inc. M.C. Rainville Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing any of our products, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms of Use apply to all users of this site, including but not limited to other users acting as browsers, suppliers, customers, merchants and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use any of the services offered on it. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features and tools added to this online store in the future will also be subject to these Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued access or use of the Web site following the posting of any changes will constitute your acceptance of those changes.

Our online store is hosted by Rapidenet.ca. They provide us with the e-commerce server that allows us to sell our products and services to you.

SECTION 1 – TERMS OF USE OF OUR ONLINE STORE

By accepting these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and that you have given us your consent to allow any minor dependent of yours to use this Web site.

The use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in the course of using our Service, violate any laws in force in your jurisdiction (including but not limited to any copyright laws).

You must not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these Terms of Use will result in immediate termination of the Services granted to you.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse access to our services to any person at any time, for any reason whatsoever.

You understand that your content (excluding credit card information) may be transferred in unencrypted form and that this involves: (a) transmissions over different networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our Service, the use of our Service, any access to our Service or any contact on the website through which the Service is provided, except with our express written permission.

The headings in this Agreement are included for reference purposes only and shall not limit or affect these Terms in any way.

SECTION 3 – INFORMATION ACCURACY, INTEGRITY AND TIMELINESS

We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for general information purposes only and should not be relied upon or used as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you choose to rely solely on the content presented on this site, you do so at your own risk.

This site may contain certain historical data. This historical information, by its very nature, is not up to date and is provided for information purposes only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information appearing on our site. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 – SERVICE AND PRICE MODIFICATIONS

Prices are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice and at any time.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online via our website. These products or services may be available in limited quantities and should only be returned or exchanged in accordance with our returns policy.

We have made every effort to display as accurately as possible the colors and images of our products appearing in our online store. We cannot guarantee that your computer screen will display the colors accurately.

We reserve the right, without any obligation on our part, to limit sales of our products or Services to any person or in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this Web site is void where prohibited.

We do not warrant that the quality of products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per company or per order. Such restrictions may include orders placed by or from the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail address and/or billing address or telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed through our online store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may complete your transactions and communicate with you as necessary.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or influence.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind, and without any endorsement by us. We shall have no legal liability arising out of or associated with the use of these optional third-party tools.

Any use by you of optional tools offered on the Site is at your own risk and discretion and you should ensure that you review and agree to the terms and conditions under which such tools are offered by the relevant third party provider(s).

In the future, we may also offer new services and/or features on our Web site (including new tools and resources). These new features and/or services will also be subject to these Terms of Use.

SECTION 8 – LINKS TO THIRD-PARTY WEBSITES

Some content, products and services available through our Service may include materials from third parties.

Third party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such Web sites, and we do not warrant or assume any responsibility for any third-party content or Web sites, or for any other content, products or services of such third parties.

We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources or content, or any other transactions conducted in connection with third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding these third-party products should be submitted directly to the third parties concerned.

SECTION 9 – USER COMMENTS, SUGGESTIONS AND OTHER INFORMATION

If, at our request, you submit specific information (for example, to enter a contest), or if, without our request, you send us original ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, “Feedback”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any form of media any Feedback you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any such comments; (2) pay any compensation to anyone for any comments provided; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms of Use.

You agree that your comments will not in any way violate the rights of third parties, including copyrights, trademarks, privacy, publicity or other personal or proprietary rights. You also agree that your Comments will not contain any contentious or otherwise unlawful, offensive or obscene material and will not contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website.

You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We assume no responsibility or liability for any comments you post or that any third party may post.

SECTION 10 – PERSONAL INFORMATION

The submission of your personal information to our online store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information appearing on our site or Service may contain typographical errors, inaccuracies or omissions with respect to our product descriptions, services, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any associated website is inaccurate, at any time and without notice (including after you submit your order).

We are under no obligation to update, modify or clarify any information appearing in our Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date applicable to the Service or any associated website should be relied upon to conclude that the information appearing in the Service or any associated website has been changed or updated.

SECTION 12 – PROHIBITED USES

In addition to the prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to incite others to commit or participate in illegal acts; (c) to violate any international, federal, state, provincial or local law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that would or could be used to compromise the functionality or operation of the Service or any associated website, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, usurp, hijack a domain, extort information, browse, search or scan in any way; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of our Service or any associated website, independent website or the Internet. We reserve the right to terminate your use of the Service or any associated Web site for violating any of these prohibited uses.

SECTION 13 – DISCLAIMER AND LIMITATION OF LIABILITY

We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service are accurate or reliable.

You agree that from time to time, we may withdraw the Service for an indefinite period of time or cancel the Service at any time, without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly provided by us) provided “as is” and “as available” for your use without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or fitness for a particular purpose, durability, title and non-infringement.

In no event shall M.C. Rainville Inc, our directors, officers, employees, affiliates, agents, subcontractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, revenues, savings, data, replacement costs or any other similar damages, whether based on contract or tort (including negligence), strict liability or otherwise, arising out of your use of any service or any product derived from the use of this service, or as to any other form of claim related in any way to your use of the service or any product, including but not limited to any errors or omissions relating to any content, loss or damage of any kind arising out of the use of the service or any content (or product) published, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces, states or jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

SECTION 14 – COMPENSATION

You agree to indemnify, defend and hold harmless M.C. Rainville Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents incorporated by reference herein, including any law or the rights of a third-party.

SECTION 15 – DISSOCIABILITY

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, such severance not to affect the validity and enforceability of any remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties concerned prior to the date of termination shall survive the termination of this agreement for all purposes.

These Terms of Use are effective until terminated by us or you. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or by ceasing to use our Web site.

If we determine, in our sole discretion, that you have failed, or if we suspect that you have been unable, to comply with the terms of these Terms of Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

No failure by us to exercise or enforce any right or provision of these Terms of Use shall constitute a waiver of such right or provision.

These Terms of Use or any other operating policies or rules we post on this Web site or in connection with our Service represent the entire agreement and understanding between the parties and govern your use of the Service, superseding all prior and contemporaneous understandings, communications and proposals, whether oral or written, between the two parties (including, but not limited to, any prior version of the Terms of Use).

Any ambiguity as to the interpretation of these Terms of Use shall not be construed to the detriment of the drafting party.

SECTION 18 – APPLICABLE LAW

These Terms of Use and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of Quebec, Canada.

SECTION 19 – MODIFICATIONS TO TERMS OF USE

You can consult the most recent version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our Web site. It is your responsibility to visit our site periodically to check for changes. Your continued use of the Web site or our Service following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

SECTION 20 – CONTACT DETAILS

Questions about the Terms of Use should be sent to mcrainville@mcrainville.com.