Use of Content.
The HortiClick.Com Website contains information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by HortiClick.Com or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners.
The information, content or advertisements (collectively, the "Materials") on the HortiClick.Com site are provided for your review for individual or internal business purposes. Any other use of the HortiClick.Com Website or the Materials is strictly prohibited, including without limitation, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination without the express written permission of HortiClick.Com or the applicable rights holder. The Materials on the HortiClick.Com site may not be used by third parties for telemarketing, direct marketing, commercial mass e-mail or by agents or representatives or e-mail spammers.
Any permitted use of the HortiClick.Com site does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the HortiClick.Com Website or to or through any Service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the HortiClick.Com Website or Materials.
Disclaimers and Limitation of Liability.
HortiClick.Com makes every effort to ensure the information presented in, on or through its Website is accurate, however, because HortiClick.Com communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, HortiClick.Com has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
HortiClick.Com makes no representations concerning any endeavor to review the content of sites listed in any of the Materials and does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any deals, coupons or other promotions ("Promotions") or Materials contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the "Service"), nor the quality of any product or service, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). Nor does HortiClick.Com assume the responsibility of enforcing licensing requirements with respect to licensed professions or trades prior to publishing Materials.
All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. HortiClick.Com encourages you to exercise discretion while browsing the Internet using the HortiClick.Com services and to read the fine print associated with any Promotions found on our Website and throughout the Internet.
HortiClick.Com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Service or the Materials. HortiClick.Com intends to update information listed on the Website where appropriate, but shall not be liable for any inaccuracies.
HortiClick.Com also does not make any representations regarding the availability and performance of its website. You hereby acknowledge that any use of the HortiClick.Com Website, reliance upon any Materials and any use of the Internet generally shall be at your sole risk and that HortiClick.Com shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY HORTICLICK.COM ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HORTICLICK.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS.
IN NO EVENT SHALL HORTICLICK.COM BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS, THE PROMOTIONS AND THE PRODUCTS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR UNAUTHORIZED ACCESS TO HORTICLICK.COM RECORDS. HORTICLICK.COM SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states and provinces do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states and provinces liability is limited to the fullest extent permitted by law.
While HortiClick.Com does not assume the responsibility of monitoring the use of trademarks, copyrights or other rights of third parties, HortiClick.Com may, in appropriate circumstances and at its discretion, remove, suspend, terminate access or take other action against users, members or other third parties who infringe the copyright rights of others. If you believe that the Materials contain unauthorized reproductions of your copyrighted work, or links to sites containing unauthorized reproductions of your copyrighted work, you may notify HortiClick.Com by providing the following information in accordance with the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our designated agent as listed below: identification of the work: a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) identification of the copyrighted work claimed to have been infringed; c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HortiClick.Com to locate the material; d) information reasonably sufficient to permit HortiClick.Com to contact you; e) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, agent or law; f) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated HortiClick.Com Agent:
You agree that this Agreement will be governed and construed in accordance with the laws of the Province of Quebec, Canada without giving effect to principles of conflict of laws, and agree to submit to personal jurisdiction in Quebec, Canada and further agree that any cause of action arising under this Agreement shall be brought in a court in the City of Joliette, Quebec, Canada.
The parties have required that this agreement and all documents relating thereto be drawn up in French. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en français.