Last updated: Aug 1, 2014
PLEASE READ THIS DOCUMENT CAREFULLY.
By accessing and using the Site and any web page hereof, you unconditionally agree to be bound by the Agreement in its entirety and to adhere to the terms thereof and all applicable laws and regulations governing the Site. If you do not accept the Agreement, please immediately discontinue your access to and use of this Site and the web pages hereof.
1. OUR LICENSE TO YOU
Unless otherwise specified, all information and materials on the Site are presented to provide general information regarding Cerebos and its products under the BRAND'S® trademark.
The Site and all content on the Site (the “Content”), including the selection and arrangement of the Content, are the property of Cerebos and/or our licensors, and are protected by copyright, trademark and other intellectual property laws. Without limitation to the generality of the foregoing, all names, logos and marks on the Site are the property of or duly licensed to Cerebos in locations where Cerebos sells its products bearing the BRAND'S® trademark. We grant a limited, non-exclusive license to you to use the Site solely for your own personal non-commercial purposes. However, nothing contained in the Site should be construed as granting any licence or right of use of any trademarks displayed on the Site without prior written permission of the relevant owner or third party owner. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your own personal non-commercial use, as long as you keep any copyright notices intact.
2. PROHIBITED CONDUCT
4. HEALTH-RELATED AND OTHER INFORMATION
The information contained in the Site including health-related information is provided for general informational purposes only and is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by medical, health care or nutrition professionals employed by or contracting with Cerebos) for diagnosing, treating or preventing any health condition, problem or disease, or prescribing any medication or nutritional supplements or dietary regime. You should read carefully all product packaging prior to use. Cerebos hereby disclaims all liability for any loss, damage suffered as a result of reliance on such information by you or any third parties.
5. TRANSMISSION OF INFORMATION
Any and all comments, suggestions, ideas, graphics, or other information that you transmit to or through the Site (“Transmitted Information”) becomes and will remain the property of Cerebos and may be used by Cerebos in such manner as it sees fit and for any reason whatsoever, and will be treated as non-confidential and non-proprietary. Cerebos will not have any obligation to use or evaluate any Transmitted Information, and Cerebos will not have to pay you or anyone else for using any such Transmitted Information.
If you submit any Transmitted Information to Cerebos by using the Site, you hereby grant to Cerebos a worldwide royalty-free perpetual licence for the use of the copyright and/or any other intellectual property rights in such Transmitted Information for any purpose Cerebos shall deem fit including, without limitation, the copying, transmission, distribution and publication thereof, unless restricted by applicable law.
7. TERM AND TERMINATION; ACCOUNT DELETION
This Agreement begins on the date you first use the Site and continues until terminated in accordance with the provisions hereof.
Cerebos may unilaterally terminate this Agreement at any time, for any reason, including, without limitation, if Cerebos believes that you have violated or acted inconsistently with the letter or spirit of the Agreement.
Even after the Agreement is terminated, paragraphs 5, 8, 9, 10 and 13 continue to survive and be of full force and effect.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CEREBOS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE SITE OR THE CONENT.
CEREBOS ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, CEREBOS AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND SUPPLIERS, AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, "AFFILIATES") AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT (COLLECTIVELY, "AGENTS") RESPECTIVELY THEREOF EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CEREBOS AND ITS AFFILIATES AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR FREE, NOR DOES CEREBOS OR ITS AFFILIATES OR AGENTS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE SITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. CEREBOS DOES NOT UNDERTAKE AND IS NOT OBLIGED TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE SITE OR ANY WEBSITE LINKED HEREUNDER. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. CEREBOS AND ITS AFFILIATES AND AGENTS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. CEREBOS DOES NOT GUARANTEE THAT THE SITE OR PRODUCTS OR SERVICES PROVIDED ON OR BY THE SITE WILL BE SUFFICIENT OR APPROPRIATE FOR EVERY INDIVIDUAL OR SITUATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CEREBOS OR THROUGH OR FROM ANY SERVICE ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. ALL IMPLIED WARRANTIES ARE EXCLUDED.
SOME OF THE MATERIAL OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SITE (FOR EXAMPLE, THROUGH HYPERLINKS TO THIRD PARTY SITES) COMPRISES SYNDICATED CONTENT, FACTS, VIEWS, OPINIONS, STATEMENTS AND/OR RECOMMENDATIONS PROVIDED BY THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THESE DO NOT NECESSARILY REPRESENT THE VIEWS OF CEREBOS AND CEREBOS DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED, ACCESSED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. CEREBOS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR INJURY OF ANY KIND ARISING FROM YOUR RELIANCE ON SUCH CONTENT.
9. LIMITATION/EXCLUSION OF LIABILITY
IN NO EVENT WILL CEREBOS AND ITS AFFILIATES AND AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, HOWSOEVER CAUSED, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, RESULTING FROM OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE SITE, EVEN IF CEREBOS OR ITS AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE SITE; LINKING TO ANY THIRD PARTY SITE FROM THE SITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE SITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE SITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; ANY SERVICES OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE SITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER LOSSES.
THE SITE PROVIDES LINKS TO OTHER WEBSITES OR RESOURCES FOR YOUR CONVENIENCE ONLY AND ARE NOT UNDER CEREBOS' CONTROL. USE AND ACCESS OF THESE WEBSITES OR RESOURCES ARE AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT CEREBOS IS NOT RESPONSIBLE FOR THE AVAILABILITY, RELIABILITY OR ACCURACY OF SUCH SITES OR RESOURCES, AND CEREBOS DOES NOT ENDORSE THE SAME, ITS USE OR CONTENTS AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THEREFROM. YOU AGREE THAT CEREBOS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH SITES OR RESOURCES.
YOU FURTHER AGREE THAT TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, CEREBOS AND ITS AFFILIATES AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
THE LIMITATION/EXCLUSIONS OF LIABILITY HEREIN SHALL ALSO APPLY TO OTHER SITES WHICH MAY BE LINKED TO THE SITE.
YOU ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS & CONDITIONS REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND CEREBOS, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE LIMITATIONS AND EXCLUSIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN CERTAIN CASES, THE APPLICABLE LAW DOES NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY AND THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, CEREBOS'S TOTAL LIABILITY TO YOU, IN RESPECT OF ALL INFORMATION, REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SITE, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACCESS THE SITE.
You agree at all times to indemnify and hold harmless Cerebos, its Affiliates and Agents against any and all actions, liability, claims, loss, damage, proceedings, expenses (including legal fees, costs and expenses on a full indemnity basis), judgments, settlements and penalties whatsoever, suffered, paid or incurred by Cerebos, its Affiliates and/or Agents in connection with claims due to, resulting from or arising in connection with, whether directly or indirectly, your use of the Site, your connection to the Site, your breach of these Terms of Service or any law, regulation or third party rights in connection with your use of this Site or the information and materials hereon, your breach of any rights of another party, and/or any infringement, misappropriation or violation by you of any copyrights, trade mark or other rights of Cerebos or any third party. This indemnity survives termination of these Terms of Service.
12. ENTIRE AGREEMENT
This Agreement as it may be amended from time to time, and any and all other legal notices and policies on the Site constitute the entire Agreement between you and Cerebos with respect to the use of the Site and the Content.
13. APPLICABLE LAWS
The Site can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario, by accessing the Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws. Cerebos does not make any representation that all products on the Site are appropriate and/or available for use at all locations. THE MATERIAL AVAILABLE ON THE SITE MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS. IT IS YOUR RESPONSIBILITY TO FIND OUT WHAT THOSE RESTRICTIONS ARE AND OBSERVE THEM.
You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Cerebos related to this Site, the Content, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Cerebos or its Affiliates or Agents.
We have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.