Terms and Conditions

OVERVIEW

The website is operated by Constellio intelligent enterprise content management – Open-source ECM solution. Throughout the site, the terms “we,” “our,” and “us” refer to Constellio intelligent enterprise content management – Open-source ECM solution. Constellio intelligent enterprise content management – Open-source ECM solution 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 something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use,” “Terms”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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

Any new features or tools added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Kezber, which provides us with an online e-commerce platform that allows us to sell our products and services.

ARTICLE 1 – CONDITIONS OF THE 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 the age of majority in your state or province of residence and you have given us your consent to allow any minor in your care to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the services, violate any laws in your jurisdiction (including but not limited to copyright laws).

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

Any breach or violation of any of these conditions will result in the immediate termination of your services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the services, use of the services, or access to the services or any contact on the website through which the service is provided, without express written permission by us.

Headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your 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 on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 – MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the services (or any part or content thereof) without notice.

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

ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under 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 make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or monitoring capabilities, and for which we cannot intervene.

You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any obligation on our part. We shall have no liability whatsoever for the use of any optional third-party tools.

Any use of optional tools offered on the website is entirely at your own risk and discretion, and you must ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third-party.

We may, in the future, offer new services or features through the website (including new tools and resources). These new features or services will also be subject to these terms of use.

ARTICLE 8 – LINKS TO THIRD-PARTY WEBSITES

Certain content, products, and services offered through our services may include materials from third parties.

Links to third-party websites on this site may direct you to websites that are not affiliated with us. We are not responsible for examining, evaluating, or warranting the content or accuracy of these third-party materials or websites, or any other materials, products, or services of third parties.

We are not liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made on the website of any third-party. Please carefully review the policies and practices of third parties and ensure that you understand them before making any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties directly.

ARTICLE 9 – USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS

If, at our request, you send us certain submissions (e.g., participation in a contest) or, without our request, you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or by any other means (collectively, “comments”), you agree that we may, at any time, without restriction, modify, copy, publish, distribute, translate, and otherwise use any materials and comments you send us. We shall have no obligation: 1) to maintain the confidentiality of the comments; 2) to offer compensation for any comments; or 3) to respond to any comments.

We may, but have no obligation to, monitor, modify, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these terms of use.

You warrant that your comments will not violate any third party’s rights, including copyrights, trademarks, privacy rights, personality rights, or any other individual or proprietary rights. You further warrant that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malicious software that could in any way compromise the functionality or use of the services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no liability for comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION

Personal information provided through the store is governed by our privacy policy. Please review our privacy policy.

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information published on our site or provided as part of our services may contain typographical errors, inaccuracies, or omissions related to products, including descriptions, prices, advertisements, offers, delivery fees, 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 about our services or displayed on any related website is inaccurate, at any time and without notice (including after you have placed your order).

We are under no obligation to update, modify, or clarify information on our services or displayed on any related website, including pricing information, except as required by law. No specific update or refresh date applied to our services or any related website should be taken to indicate that information on our services or displayed on any related website has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions set forth in these terms of use, you are prohibited from using the site or its content: a) for unlawful purposes; b) to solicit others to perform or participate in unlawful acts; c) to violate any international, federal, provincial, or state regulations, rules, or laws, or any local ordinances; d) to infringe upon or violate our intellectual property rights or the rights of others; e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, 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 will or may be used in any way that will affect the functionality or operation of the services or of any related website, other websites, or the internet; h) to collect or track the personal information of others; i) to spam, phish, pharm, pretext, spider, crawl, or scrape; j) for obscene or immoral purposes; or k) to interfere with or circumvent the security features of the services or any related website, other websites, or the internet. We reserve the right to terminate your use of the services or any related website for violating any of the prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We cannot guarantee, certify, or declare that your use of our services will be uninterrupted and swift, nor that it will be secure or free from errors.

We do not guarantee the accuracy or reliability of the results obtained through the use of our services.

You agree that from time to time, we may interrupt the services for an indefinite period or cancel the services at any time without notice.

You expressly agree that your use of the services, or your inability to use them, is at your own risk. The services, as well as all products and services delivered to you through our services, are (unless otherwise indicated by us) provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, express or implied, including any warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Constellio Intelligent Enterprise Content Management – Open Source ECM Solution, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or special damages, including, without limitation, lost profits, revenue, savings, data, replacement costs, or similar damages, whether based on a contract, tort (including negligence), strict liability, or otherwise, resulting from your use of the services or any other product obtained through our services, or any claim related in any way to your use of the services or any product, including any errors or omissions in any content or any loss or damage incurred in connection with the use of the services, or any content (or product) posted, transmitted, or otherwise made available through our services, even if they have been advised of the possibility of such damages. Since some states or territories do not allow the exclusion or limitation of liability for indirect or incidental damages, in those states or territories, our liability shall be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold Constellio Intelligent Enterprise Content Management – Open Source ECM Solution and its parent companies, subsidiaries, affiliates, partners, directors, officers, 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 violation of these terms of use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these terms of use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These terms of use are effective unless and until terminated by you or us. 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 site.

In our sole discretion, if we determine that you fail to comply with, or we suspect that you have failed to comply with any term or provision of these terms of use, we may also terminate this agreement at any time without notice, and you shall remain liable for all amounts due up to and including the date of termination, and/or accordingly deny you access to our services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.

These terms of use and any policies or operating rules posted by us on this site, or with respect to the services, constitute the entire agreement and understanding between you and us and govern your use of the services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms of use).

Any ambiguity in the interpretation of these terms of use shall not be construed against the drafting party.

ARTICLE 18 – APPLICABLE LAW

These terms of use and any separate agreement whereby we provide you with services shall be governed by the laws of 817 Rue Principale Ouest, Bureau 400, Magog, Quebec, J1X 2B4, Canada, and shall be interpreted in accordance with those laws.

ARTICLE 19 – MODIFICATION OF TERMS OF USE

You can review the most current 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 website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the services following the posting of any changes to these terms of use constitutes acceptance of those changes.

ARTICLE 20 – CONTACT INFORMATION

Questions about the terms of use should be sent to the following email address: contact@constellio.com.