Terms & Conditions

Updated 2024

 

Access to the website (the“Site”) of CPDM (CPDM) is subject to the following legal terms and conditions (the “Terms and Conditions”). CPDM controls and operates the Site from its offices in Canada and does not represent that materials on the Site are appropriate or available for use in other locations.

CPDM treats personal data in accordance with applicable data protection laws. For further details, please refer to our Privacy Policy.

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1. Access and Acceptance

By accessing the Site, you accept these Terms and Conditions without limitation or qualification. Your use of the Site constitutes your unconditionalagreementtofollowandbeboundbytheseTermsandConditions.WerecommendthatyoualsoreadourPrivacy Policy.

We also recommend that you print the full Terms and Conditions by selecting the print option in the File menu of your browser.

1. Purpose and Use

The content and information posted on the Site are provided as information to interested persons and may be used for informational purposes only. Information on the services may pertain to limited geographic areas and markets. A reference to a service on the Site does not imply that such service is, remains, or will be available in your location.

1. No Offer

None of the content and information posted on the Site may be deemed to constitute an offer by BG Communications. CPDM expressly reserves the right to decline any request made on the basis of the content of the Site for a tender by BG Communications. Orders for CPDM services may be requested using the Site, but need to be confirmed by CPDM project managers.

1. No Liability

CPDM expressly disclaims any liability for damages in connection with the access or use of the Site to the fullest extent permitted by law.

CPDM is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions. Any reliance on the material on the Site is at your own risk.

The Site may contain certain historical information. Historical information is by definition not current and is provided for your reference only. The content of the Site may include inaccuracies or typographical errors. Changes are periodically made to the content of the Site. Advice received via the Site should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

To the maximum extent permitted by applicable law, in no event shall CPDM and/or its suppliers or third-party content providers be held liable for any damages or claims whatsoever in any way connected to problems with the use or performance of the Site, CPDM email addresses, or related services, whether based on contractual or extra-contractual liability, even if CPDM or any of its suppliers has been advised of the possibility of damages. If you choose to download material from the Site, you do so at your own risk. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If you are dissatisfied with any portion of the Site or with any of these Terms and Conditions, your sole and exclusive remedy is to stop using the Site.

1. No Warranty

The laws of certain jurisdictions, including Québec, do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all of the exclusions or limitations in these Terms and Conditions may not apply to you, and you may have additional rights.

The content and information posted on the Site are provided to you “as is” and “as available,” without warranties or representations of any kind. CPDM disclaims and excludes any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site to the fullest extent permitted by law.

In particular, CPDM makes no warranties or representations, express or implied, as to the technical accessibility, accuracy, fitness, quality, completeness, suitability, reliability, availability, timeliness, or flawlessness of the Site or its content.

CPDM /or its suppliers here by disclaimall warranties and conditions with regard to this content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. CPDM makes no warranties or representations that your use of content and information posted on the Site will not infringe rights of third parties.

1. Intellectual Property Rights I Copyright and Trademark Notices

This Site and its content are protected by copyright and/or other intellectual property laws. The trademarks, logos, service marks, business names, all related service names, slogans, images, text, illustrations, designs, downloads, icons, photographs, programs, video clips, and written and other materials that are displayed on the Site are subject to Intellectual Property Rights and remain our property.

“Intellectual Property Rights “means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks, trade names (whether registered or unregistered), and other similar rights, together with the right to apply for the protection of any such rights, owned by or licensed to CPDM or one of our affiliates.

All designs, text, or graphics as well as their selection and arrangement and all software compilations, underlying source code, software, and all other material on this Site are our copyright or are the copyright of its content and technology providers. All rights are reserved.

Any unauthorized use of content or information posted on the Site as well as any unauthorized reproduction, retransmission, or other use of any part of the Site may in fringe CPDM’s or third parties ‘copyrights, trademarks, privacy, publicity, or other rights and is not permitted. Requests for reproduction and retransmission permissions may be addressed to info@cpdm-cpa.ca.

1. Links

The Site may contain third – party content or provide links to other websites. CPDM has no control over such websites and you access third-party websites at your own risk.

The links from CPDM Site to other websites are provided for your information and convenience only. CPDM has not reviewed any third-party web pages and websites which contain links to the Site. CPDM is not responsible for the content of any such off-site web pages or any other website linked to the Site.

CPDM is not responsible for the availability of such external websites and resources and does not endorse and is not responsible or liable for any content, products, or other materials available from such websites. Framing, deep-linking, scraping, etc. of any of the Site is not permitted and CPDM has no liability for such actions. For further details, please refer to our Privacy Policy.

1. No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to CPDM that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You are prohibited from violating or attempting to violate the security of the Site in any way. Violations of system or network security may result in civil or criminalliability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use or attempt

to use any engine, software, tool, agent, or otherdevice or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents)to scrape, navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third-party web browsers.

If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Site. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password.

1. User Comments

For all comments disclosed, submitted, or offered to us on or through the Site, by email, or telephone or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the “Comments”), you grant us a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and licence to use the Comments however we see fit, including, without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works and/or distribute such Comments and/or them incorporate into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.

We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any CommentssubmittedtotheSite.YougrantustherighttousethenamethatyousubmitinconnectionwithanyComments.You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from or relating to any Comments you submit.

CPDM and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

1. Revisions to the Site and the Terms and Conditions

CPDM may in any way, at any time, for any reason, without prior notice and at its discretion modify, add or remove or otherwise update the Site and the details displayed on it, including these Terms and Conditions. If we update these Terms and Conditions, we will post the new Terms and Conditions on the Site and note the date that they were last updated. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of the Site following the posting of changes to these terms or other policies means you accept the changes. As such, you agree to be bound by the revised Terms and Conditions when you use the Site.

1. Consequences

If we become aware that you have violated these Terms and Conditions, we may take immediate corrective eaction, including preventing you from using the services offered by CPDM and removing any information, data and content put on the Site by you, at any moment and without notice. If we have suffered damage(s) in relation to your non-compliance with theseTerms and Conditions, we may, in our sole discretion, seek to recover damages from you.

The delay or failure by us to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

1. Applicable Law and Place of Jurisdiction

To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of the Province of Québec and you here by consent to the exclusive jurisdiction and venue of courts in Québec in all disputes arising out of or relating to the use of the Site.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.

In the event of any conflict between the English version of these Terms and Conditions and any translation of them, the English version will prevail.

[It is the express wish of the parties that these Terms and Conditions all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.]

1. Indemnification

You agree to indemnify, defend and hold harmless CPDM and its affiliates along with their respective officers, directors, employees, contractors, agents, licensors or suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’fees and court costs, arising or resulting from that disruption.

1. General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CPDM as a result of Terms and Conditions or use of the Site.

CPDMs’ performance of the Terms and Conditions is subject to existing laws and legal process, and nothing contained in the Terms and Conditions affects CPDMs’ duty to comply with governmental, courtand law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CPDM with respect to such use. If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.

Unless otherwise specified here in or agreed to by the user, the Terms and Conditions constitute the entire agreement between the user and CPDM with respect to the Site and it supersedes all prior or contemporaneous communications and proposals,

whether electronic, oral or written, between the user and CPDM with respect to the Site. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.