|Boutique du Cordonnier ("SafetyFoot") provides the
Web site including the SafetyFoot Home Page and other SafetyFoot content
(collectively, the "SafetyFoot Site") subject to your compliance with the terms
and conditions below. PLEASE READ THIS BEFORE ACCESSING THE SafetyFoot SITE. BY
ACCESSING THE SafetyFoot SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SafetyFoot SITE.
While visiting the SafetyFoot Site, you may also not:
post, transmit or otherwise distribute information constituting or encouraging
conduct that would constitute a criminal offense or give rise to civil
liability, or otherwise use the SafetyFoot Site in a manner which is contrary to
law or would serve to restrict or inhibit any other user from using or enjoying
the SafetyFoot Site or the Internet; post or transmit any information or software
which contains a virus, cancelbot, trojan horse, worm or other harmful or
disruptive component; upload, post, publish, transmit, reproduce, or distribute
in any way, information, software or other material obtained through the
SafetyFoot Site which is protected by copyright, or other intellectual property
right, or derivative works with respect hereto, without obtaining permission of
the copyright owner or right holder.
Boutique du Cordonnier has no obligation to monitor the
SafetyFoot Site. However, you agree that Boutique du Cordonnier has the right to
monitor the SafetyFoot Site electronically from time to time and to disclose any
information as necessary to satisfy any law, regulation or other governmental
request, to operate the SafetyFoot Site properly, or to protect itself or its
subscribers. Boutique du Cordonnier will not intentionally monitor or disclose any
private electronic-mail message unless required by law. Boutique du Cordonnier
reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this Agreement.
Boutique du Cordonnier cannot ensure or guarantee privacy
for SafetyFoot users. It is therefore recommended that this service not be used
for the transmission of confidential information. Any such use shall be at the
sole risk of the user, and Boutique du Cordonnier and its affiliate and related
companies shall be relieved of all liability in connection therewith.
4. Buying over the Internet.
When making purchases or other transactions through the
SafetyFoot Site or the Internet, but you may also be asked by the Merchant or
information or service provider to supply certain information, Including credit
card or other payment mechanisms. You agree that all information you provide any
merchant or information or service provider through the SafetyFoot Site will be
accurate and complete. You agree to pay all charges incurred by you Or other
users of your account and credit card or other payment mechanisms at the prices
in effect when such charges are incurred. You also will be responsible for
paying all applicable taxes, if any, relating to purchases on the SafetyFoot Site.
Boutique du Cordonnier is in no way responsible for any charges you or any user of
your account incurs when making purchases or other transactions in this manner.
5. Limitation of Liability.
Boutique du Cordonnier takes no responsibility for the
accuracy or validity of any claims or statements contained in the documents and
related graphics on the SafetyFoot Site. Further, Boutique du Cordonnier makes no
representations about the suitability of any of the information contained in
software programs, documents and related graphics on the SafetyFoot Site for any
purpose. All such software programs, documents and related graphics are provided
without warranty of any kind. In no event shall Boutique du Cordonnier be liable for
any damages whatsoever, including special, indirect or consequential damages,
arising out of or in connection with the use or performance of information
available from the service.
If you are dissatisfied with the SafetyFoot Site or with
any terms, conditions, rules, policies, guidelines, or practices of Boutique du
Cordonnier in operating the SafetyFoot Site, your sole and exclusive remedy is to
discontinue using the SafetyFoot Site.
7. Confidential Information.
You authorize Boutique du Cordonnier to collect from any
party and to retain all relevant information relating to your use of the
SafetyFoot Site, and you hereby authorize any party to provide us with such
information. You understand and agree that unless you notify Boutique du
to the contrary by e-mailing us, you further authorize Boutique du Cordonnier to
disclose, on a confidential basis, to any party with whom Boutique du Cordonnier has
business relations all relevant information relating to your dealings with us
and the SafetyFoot Site.
You agree to defend, indemnify and hold Boutique du
Cordonnier and its affiliate and related companies harmless from any and all
liabilities, costs and expenses, including reasonable attorneys' fees, related
to any Violation of this Agreement by you or users of your account, or in
connection with the use of the SafetyFoot Site or the Internet or the placement or
transmission of any message, information, software or other materials on the
SafetyFoot Site or on the Internet by you or users of your account.
SafetyFootTM and other names, logos and icons identifying
SafetyFoot and Boutique du Cordonnier products and services referenced herein are
trademarks or registered trademarks of Boutique du Cordonnier. All other product
and/or brand or company names mentioned herein are the trademarks of their
THE MATERIAL CONTAINED IN THIS ARCHIVE IS PROVIDED 'AS
IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE
PERFORMANCE OF THE MATERIAL IS ASSUMED BY THE USER, AND IN NO EVENT WILL
Boutique du Cordonnier BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES
SUFFERED IN THE COURSE OF USING THE MATERIAL IN THIS ARCHIVE. USE OF THE
FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR
RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT
NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER
A TRIAL PERIOD HAS ELAPSED.
This Agreement, including any and all documents
referenced herein, constitute the entire agreement between Boutique du
and you pertaining to the subject matter hereof. Boutique du Cordonnier's failure to
insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provisions or right. If any of the
provisions contained in this Agreement be determined to be void, invalid or
otherwise unenforceable by a court of competent jurisdiction, such determination
shall not affect the remaining provisions contained herein. This Agreement shall
be governed by and construed in accordance with the laws of the province of
Quebec and the federal laws of Canada applicable therein.