Entente de service

Welcome to the evenko website located at http://www.evenko.ca
(the “Website”). We hope you enjoy your visit. By visiting the Website,
you agree to be bound by the terms of the present agreement, known as
the Terms of Use (the “TOU”).

The TOU were last modified on September 1, 2008. evenko reserves the right, at any time and without prior notice, to modify the TOU. Any changes to the TOU can be found at this URL.

If you have any questions about the TOU, please contact:

evenko Legal Services
BCF LLP
1100, boul. René-Lévesque Ouest, 25e étage
Montréal (Québec) H3B 5C9

or use the Website contact form

The TOU should be read in conjunction with the Privacy Policy, as both documents govern your use of the Website.

Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by evenko or its agents or subcontractors, you agree to indemnify, defend and hold harmless evenko
and their officers, directors, owners, partners, partnerships,
principals, employees, affiliates and other related entities, servants,
agents, representatives, successors and assigns from and against any
damages, liabilities, costs and expenses (including reasonable
attorneys’ fees), claims or demands, arising out of (i) your use of or
connection to the Website, (ii) your participation in any activities
arising from the Website, (iii) your violation of, or failure to
perform your obligations under the TOU or, (iv) your violation of any
rights of a third party.

Termination
You agree that evenko, in their sole
discretion, has the right (but not the obligation) to delete or
deactivate your account, block your email or IP address, or otherwise
terminate your access to or use of the site (or any part thereof),
immediately and without notice, for any reason, including, without
limitation, if evenko believes that you have acted inconsistently with the letter or spirit of the TOU.

evenko may also, in their sole discretion and at any time,
discontinue providing the Website, or any part thereof, with or without
notice. Further, you agree that the evenko shall not be liable to you or any third party for any damages resulting from termination of your access to the Website.

General and External Links
From time to time we may
provide links to other sites. Links from the Website may take you to
sites not covered by the TOU. We provide those links as a convenience
to you and take no responsibility for the protection of your privacy on
those other sites. We encourage you to check the Terms of Use and / or
Privacy Statement of any site you visit. evenko does not make any claim or warranty whatsoever about the content of those sites to which we link. In no way will evenko
be held responsible for any damages, direct or indirect, pecuniary or
non-pecuniary, for your use of sites we may link to, or any virus,
Trojan horse, worm or other similar destructive file received as a
result of your use of those sites, or caused by or in connection with,
use of or reliance on any content, goods or services available on or
through any linked-to website or resource, or the actions of the
operators of any such site or resource.

Copyright and Intellectual Property Rights
The content,
arrangement and layout of this site, including, but not limited to, the
trademarks, photos, text, and computer code are proprietary to evenko,
either owned or under license, and may not be copied, imitated,
reproduced, displayed, distributed, transmitted or otherwise used
without the express permission of evenko. Any unauthorized use
of the content, arrangement or layout of the site, computer code, or
photos or trademarks found in the site or any derivative works thereof
may violate civil or criminal laws, including, but not limited to,
copyright and trademark laws, and evenko may take action accordingly.

The above paragraph further applies to third party property used on
the Website, including but not limited to advertisements and third
party computer code.

Disclaimer of Warranties
You expressly understand and
agree that your use of the Website is at your sole risk. The Website,
or any third party materials, are provided on an "as is" and "as
available" basis, and you will be solely responsible for any damage to
your computer system or loss of data that results from the download,
stream or access of any material obtained through the use of the
Website. The information provided on the Website written by evenko staff
is known to be as accurate as possible at the time of writing, and
every effort has been made to ensure that the information on this
website is as accurate and up-to-date as possible. However, certain
information may change, and errors may occur, and evenko is not responsible for any loss, financial or otherwise, resulting from changes or errors in information. evenko expressly
disclaims all warranties of any kind, whether express or implied,
including, but not limited to, warranties of title and
non-infringement, warranties that the website and any third party
materials will be uninterrupted, error-free, accurate, reliable and
free from virus and other harmful components, and the implied
warranties of merchantability and fitness for a particular purpose.

Limitation Of Liability
You expressly understand and agree that evenko shall
not be liable for any direct, indirect, incidental, special,
consequential, punitive or exemplary damages, including, but not
limited to, damages for loss of profits, goodwill, use, data or other
intangible losses, in contract, general civil liability or any other
cause of action, relating to the Website or the third party materials.
This limitation of liability applies, without limitation, to any
damages or injury caused by any error, omission or other failure of
performance by evenko, their affiliates and business partners;
any interruption, defect or delay in operation or transmission,
including communication line failure; any computer virus; and any
theft, destruction or alteration of, or unauthorized access to or use
of, any electronic records.

Governing Laws and Jurisdiction
Use of the site shall be
governed by and construed in accordance with the laws of the Province
of Quebec in force at the time without regard to conflict of law
provisions. You agree that any legal action or proceeding between you
and evenko shall be brought exclusively in the courts of the Judicial District of Montreal, Quebec, Canada.

Miscellaneous Provisions

1. The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and evenko with respect to your use of the Website, superseding any prior agreements between you and evenko;
   


2. If any provision of the TOU is found by a court of competent
   jurisdiction to be invalid, the parties nevertheless agree that the
   court should endeavour to give effect to the parties' intentions as
   reflected in the provision, and the other provisions of the TOU shall
   remain in full force and effect;


3. The section titles in the TOU are for convenience only and have no legal or contractual effect.