This version in effect since June 20,
2007
WELCOME TO SATELLITEDISHMONTREAL.COM. PLEASE READ THESE
CONDITIONS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE SATELLITEDISHMONTREAL.COM
AND SATELLITEDISHMONTREAL.CA WEBSITE. THEY EXEMPT SATELLITE DISH MONTREAL,
AXAGEN INC. AND OTHER PERSONS FROM LIABILITY OR LIMIT THEIR LIABILITY,
AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
These Conditions of Use contain the following
provisions
1. YOUR ACCEPTANCE OF THESE CONDITIONS OF USE
These Conditions of Use are an Agreement between you
and all persons you represent (and for purposes of these Conditions of
Use, "person" includes natural persons and any type of incorporated
or unincorporated entity) and Satellite Dish Montreal Inc. ("Satellite
Dish Montreal") regarding your access to and use of Satellite Dish
Montreal’s SatelliteDishMontreal.com and SatelliteDishMontreal.ca website
and all content, information, products and services available on or through
the website (collectively, the "Website"). These Conditions
of Use also provide benefits to Satellite Dish Montreal’s affiliates,
service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance
and agreement, and the acceptance and agreement of any person you purport
to represent, to be bound by these Conditions of Use as they then read,
and you represent and warrant that you have the legal authority to agree
to and accept these Conditions of Use on behalf of yourself and any person
you purport to represent. If you do not agree with each provision of these
Conditions of Use, or you are not authorized to agree to and accept these
Conditions of Use on behalf of the person you purport to represent, you
may not access or use the Website. The Website is for convenience and
informational purposes only and is not intended to convey advice or recommendations,
or an offer to sell any product or service.
These Conditions of Use are in addition to any other
agreement you may have with Satellite Dish Montreal, including a transaction
agreement.
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2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you are a resident of
Canada or the United States, have reached the age of majority where you
live and you can form legally binding contracts under applicable law.
You may not use the Website if you live in a jurisdiction where access
to or use of the Website or any part of it may be illegal or prohibited.
It is solely your responsibility to determine whether your use of the
Website is lawful, and you must comply with all applicable laws. Satellite
Dish Montreal reserves the right to request proof of identification and.
Satellite Dish Montreal ships products only to addresses in Canada and
the United States.
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3. CHANGES TO THESE CONDITIONS OF USE
Satellite Dish Montreal may, in its sole discretion,
change these Conditions of Use from time to time as they relate to future
use of the Website, by posting revised Conditions of Use on the Website.
By using the Website after these revised Conditions of Use has been posted,
you signify your acceptance and agreement to be bound by the revised Conditions
of Use. You may not change these Conditions of Use in any manner.
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4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom
graphics, button icons, and scripts and the presentation, arrangement,
coordination, enhancement and selection of such and other information
in text, graphical, video and audio forms, images, icons, software, designs,
applications, data, and other elements available on or through the Website)
is the property of AXAGEN Inc. and others, and is protected by Canadian
and international copyright, trademark and other laws. Your use of the
Website does not transfer to you any ownership or other rights in the
Website or its content. Satellite Dish Montreal is permitted to display
its products and services on the Website with the intension to sell them
for profit. AXAGEN Inc. does not hold, carry, ship, deliver or collect
payments and taxes for any of Satellite Dish Montreal products and services.
AXAGEN Inc. cannot be held liable for any errors in pricing, product description,
shipping, or tax collection. Satellite Dish Montreal is responsible for
receiving payments and submitting taxes to all levels of government. Satellite
Dish Montreal is responsible for reviewing all the products description,
images, prices, taxes, shipping and handling costs to ensure accuracy.
The Website is made available to you for your lawful,
personal use only. You may use the Website only in the manner described
expressly in these Conditions of Use and subject to all applicable laws.
Using the Website for any other purpose or in any other manner is strictly
prohibited.
You may print Website pages provided that you do not
modify any of the pages and you do not remove or alter any visible or
non-visible identification, marks, notices, or disclaimers. The Website
and its content may not be copied, imitated, reproduced, republished,
uploaded, posted, transmitted, modified, indexed, catalogued, mirrored
or distributed in any way, in whole or in part, without the express prior
written consent of AXAGEN Inc. You may not sell or resell any part of
the Website or access to the Website. You may not use any of the software
that is used in the operation or provision of the Website except while
you are using the Website in accordance with these Conditions of Use.
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5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY
AND PRICES
Satellite Dish Montreal endeavors to provide current
and accurate information on the Website. However, misprints, errors, inaccuracies,
omissions (including incorrect specifications for products) or other errors
may sometimes occur. Satellite Dish Montreal cannot guarantee that products
and services advertised on the Website will be available when ordered
or thereafter. Satellite Dish Montreal does not warrant that the content
of the Website including, without limitation, product descriptions or
photographs, is accurate or complete.
Satellite Dish Montreal and AXAGEN Inc. reserve the right
to: (a) correct any error, inaccuracy or omission at any time without
prior notice or liability to you or any other person; (b) change at any
time the products and services advertised or made available for sale on
the Website, the prices, fees, charges and specifications of such products
and services, any promotional offers and any other Website content without
any notice or liability to you or any other person; (c) reject, correct,
cancel or terminate any order, including accepted orders for any reason
and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to
you to make offers to purchase products and services on the Website and
are not offers to sell. All prices and other amounts appearing on the
Website are quoted in Canadian dollars.
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6. TRADE-MARK INFORMATION
SATELLITE DISH MONTREALT, AXAGENT the SatelliteDishMontreal.com,
SatelliteDishMontreal.ca, AXAGEN.com logos and other names and logos appearing
on or in connection with Website (the "Marks") are registered
or unregistered trademarks, service marks, tradenames and logos owned
or licensed by Satellite Dish Montreal, AXAGEN Inc. or their respective
owners or licensees.
Any use of the Marks, except as expressly provided in
these Conditions of Use, is strictly prohibited. Nothing appearing on
the Website or elsewhere shall be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any of the Marks.
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7. NO LINKING, FRAMING, MIRRORING, SCRAPING,
DATA-MINING OR POSTINGS
Links to the Website without the express written permission
of AXAGEN Inc. are strictly prohibited. To request permission to link
to the Website, please send an email to info@axagen.com.
AXAGEN Inc. may in its discretion cancel and revoke any permission it
may give to link to the Website at any time and without any notice or
liability.
The framing, mirroring, scraping or data-mining of the
Website or any of its content in any form and by any means is strictly
prohibited. You may not use any collaborative browsing or display technologies
in connection with your use of the Website or to post comments, communications,
or any other data of any kind to or on the Website with the intention
that such postings may be viewed by other users of the Website.
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8. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible
only to users who have been issued a login name and password (collectively
"Codes") by AXAGEN Inc. For the purposes of accessing the Website,
the Codes remain the property of AXAGEN Inc. and may be cancelled or suspended
at any time by AXAGEN Inc. in its discretion without any notice or liability
to you or any other person.
AXAGEN Inc. is not under any obligation to verify the
actual identity or authority of any person using Codes to access and use
the Website. AXAGEN Inc. may act upon any communication that is given
with the use of Codes. AXAGEN Inc. may in its discretion at any time require
proof of the identity of any person seeking to access and use the Website,
and may deny access to and use of the Website or parts of it or refuse
to accept or act upon any communication if AXAGEN Inc. is not satisfied
with such proof.
If you have been issued Codes: (a) you are fully responsible
and liable for the security of the Codes and any and all use and misuse
of the Codes; (b) you will keep the Codes secure and confidential at all
times and not disclose the Codes to any other person or permit any other
person to use the Codes; (c) you will ensure that all uses of the Codes
comply with these Conditions of Use; (d) once you have logged-on to the
Website using the Codes, you will not leave the computer terminal used
to access the Website unless and until you have terminated the session
and logged-off the Website; and (e) you will immediately notify AXAGEN
Inc. by telephone 514-802-6108 or email to: info@axagen.com
if you know or suspect that any Codes have been lost or stolen or become
known to or used by any other person.
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9. SOFTWARE AGREEMENTS
AXAGEN Inc. may cause software to be available for you
to download from the Website or through other Websites and Internet resources.
The software is protected by copyright, and your downloading and use of
the software is governed by the applicable transaction agreement and the
Software License Agreement specific to the software. By downloading software,
you signify your agreement and acceptance of the applicable transaction
agreement and Software License Agreement.
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10. CONTESTS
From time to time Satellite Dish Montreal or AXAGEN Inc.
may make contests available to users of the Website and others. All contests
are governed by these Conditions of Use and the applicable Contest Rules.
By participating in a contest through the Website, you signify your agreement
and acceptance of these Conditions of Use and the applicable Contest Rules.
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11. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes,
Satellite Dish Montreal and AXAGEN Inc. do not accept or consider unsolicited
ideas or suggestions ("Submissions"). If you send Submissions
to Satellite Dish Montreal, AXAGEN Inc. or the Website, you automatically
grant (or warrant that the owner of the Submissions grants) to Satellite
Dish Montreal, AXAGEN Inc. and their successors, assigns and licensees
a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide,
assignable, sub-licensable, right and license to use and exploit the Submissions
or any ideas, concepts, know-how or techniques associated with the Submissions
for any purpose whatsoever, commercial or otherwise, using any form, media
or technology now known or later developed, without providing any attribution
or compensation to you or any other person, without any liability whatsoever,
and free from any obligation of confidence or other duties on the part
of Satellite Dish Montreal, AXAGEN Inc. or their successors, assigns and
licensees, and you agree, represent and warrant that all moral rights
in the Submissions are waived in favour of Satellite Dish Montreal, AXAGEN
Inc. and their successors, assigns and licensees.
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12. YOUR INFORMATION
All information you provide through the Website, including
registration information (name and email address), payment information
(credit card numbers and expiration dates), and transaction-related information,
must be true, accurate, current and complete. Satellite Dish Montreal
will rely on the information you provide. You will be solely responsible
and liable for any and all loss, damage, and additional costs that you,
Satellite Dish Montreal or any other person may incur as a result of your
submission of any false, incorrect or incomplete information or your failure
to update your registration information and payment information within
30 days of any change.
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13. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS
AND INDEMNITY
- DISCLAIMERS
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY,
ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY SATELLITE
DISH MONTEAL AND AXAGEN INC. TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIABILITY EXCLUSIONS
SATELLITE DISH MONTEAL AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH,
OR RELATING TO THE WEBSITE OR THESE CONDITIONS OF USE INCLUDING BUT
NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS,
USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE,
OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS
OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT
LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY SATELLITE DISH
MONTEAL OR ANY PERSON FOR WHOM SATELLITE DISH MONTEAL IS RESPONSIBLE,
AND EVEN IF SATELLITE DISH MONTEAL HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE BEING INCURRED.
- ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN
LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS
MAY APPLY TO YOU.
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14. PERSONAL INFORMATION PRIVACY
Satellite Dish Montreal collects, uses and discloses
personal information in accordance with its Privacy Policy, which is available
by clicking
here and which may be changed from time to time by Satellite Dish
Montreal or AXAGEN Inc. in its discretion without any notice or liability
to you or any other person by making an amended Privacy Policy accessible
through the Website. By accepting these Conditions of Use, and each time
you use the Website, you consent to the collection, use and disclosure
of your personal information by Satellite Dish Montreal in accordance
with the Privacy Policy as it then reads.
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15. OTHER SITES/RESOURCES
For your convenience, the Website may include links or
references to other Internet sites or resources and businesses operated
by other persons (collectively "Other Sites"). Other Sites are
independent from Satellite Dish Montreal and AXAGEN Inc., and Satellite
Dish Montreal and AXAGEN Inc. have no responsibility or liability for
or control over Other Sites, their business, goods, services, or content.
Satellite Dish Montreal and AXAGEN Inc. do not sponsor or endorse Other
Sites or their business, goods, services, or content, unless expressly
indicated in writing. Your use of Other Sites and your dealings with the
owners or operators of Other Sites is at your own risk, and you will not
make any claim against Satellite Dish Montreal and AXAGEN Inc. arising
from, connected with, or relating to your use of Other Sites or your dealings
with the owners or operators of Other Sites. As between you and Satellite
Dish Montreal and AXAGEN Inc., these Conditions of Use, with all necessary
modifications, apply to your access and use of any Other Sites and their
business, goods, services and content.
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16. TERMINATION
Notwithstanding any other provision of these Conditions
of Use, Satellite Dish Montreal and AXAGEN Inc. may in their discretion
change, discontinue, modify, restrict, suspend or terminate the Website
or any part of it without any notice or liability to you or any other
person. Satellite Dish Montreal and AXAGEN Inc. may in their discretion
and for their convenience at any time immediately terminate, temporarily
or permanently, these Conditions of Use or your permission to access and
use the Website without any notice or liability to you or any other person.
If these Conditions of Use or your permission to access
or use all or any part of the Website is terminated for any reason, then
these Conditions of Use and all other then existing agreements between
you and Satellite Dish Montreal and AXAGEN Inc. will continue to apply
and be binding upon you regarding your prior access to and use of the
Website, and anything connected with, relating to or arising therefrom.
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17. GOVERNING LAW AND DISPUTE RESOLUTION
These Conditions of Use, your access to and use of the
Website, and all related matters are governed solely by the laws of Quebec,
Canada and applicable federal laws of Canada. Any dispute between you
and Satellite Dish Montreal, AXAGEN Inc. or any other person arising from,
connected with or relating to the Website, these Conditions of Use, or
any related matters (collectively "Disputes") will be resolved
before the Courts of Quebec, sitting in the City of Montreal, and you
hereby irrevocably submit and attorn to the original and exclusive jurisdiction
of those courts in respect of all Disputes.
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18. OTHER MATTERS
If any provision of these Conditions of Use is held to
be invalid or unenforceable for any reason, then the provision will be
deemed to be severed from these Conditions of Use and the remaining provisions
will continue in full force and effect.
These Conditions of Use ensure to the benefit of and
are binding upon each of Satellite Dish Montreal, AXAGEN Inc. and their
successors, assigns and related persons, and you and your heirs, executors,
administrators, successors, permitted assigns and personal representatives.
You may not assign these Conditions of Use or the rights and obligations
under these Conditions of Use. Satellite Dish Montreal and AXAGEN Inc.
may assign these Conditions of Use and its rights and obligations under
these Conditions of Use without your consent.
No consent or waiver by any party to or of any breach
or default by any other party in its performance of its obligations under
these Conditions of Use will be: (a) deemed or construed to be a consent
to or waiver of a continuing breach or default or any other breach or
default of those or any other obligations of that party; or (b) effective
unless in writing and signed by all parties.
The parties have expressly requested and required that
these Conditions of Use and all other related documents be drawn up in
the English language. Les parties conviennent et exigent expressément
que ces Conditions d’usage et tous les documents qui s’y rapportent soient
rédigés en anglais.
Any rights not expressly granted by these Conditions
of Use are reserved to Satellite Dish Montreal and AXAGEN Inc.
You may contact Satellite Dish Montreal and AXAGEN Inc.
by telephone, email, or postal mail:
Satellite Dish Montreal
Montreal Store: 8398 St-laurent Blvd., Montreal, QC, Canada
West-Island Store: 4815 St-Charles Blvd., Kirkland, QC, Canada
TEL: 514-223-3442 or 514-551-9717
Email: info@satellitedishmontreal.com
AXAGEN Inc.
4999 St. Charles Blvd., suite 102.
Montreal, QC H9H 3M8, Canada
TEL: 514-667-3777
FAX: 514-696-9673
Email: info@axagen.com
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