Terms of Use

Terms of Use for Quebec Maple Syrup Producers Websites

Last revised: September 22, 2022

This document sets out the terms of use for Québec Maple Syrup Producers (the “Organization”) websites (collectively and individually the “Website”).

All users of the Website shall be deemed to have read, accepted and acknowledged the validity of the Terms of Use hereinafter set forth, and agree to comply with and be bound by them. Users who do not accept these Terms of Use must stop using the Website. The Organization may, at any time and without notice, change these Terms of Use. Users of the Website are advised to regularly check for changes to the Terms of Use. Users shall be deemed to have accepted changes to the Terms of Use if they continue to use the Website after the publication of the changes.

These Terms of Use form the full set of rights and obligations between the Organization and any user of the Website, and replace any prior terms or provisions relating to the use of the Website. No verbal or written declaration from an employee or director of the Organization, or any other person, may modify or substitute these Terms of Use.

The Website is managed and fed from a computer located in the province of Quebec, Canada. The content and use of the Website are governed by the applicable laws of Quebec and Canada. These Terms of Use, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws. Should any part of these Terms of Use be contrary to the law, void or unenforceable, that part shall be deemed to be severable from these Terms of Use and will not affect their validity or enforceability. They will be interpreted without reference to the removed part. Any litigation resulting from or associated with the use of the Website or these Terms of Use will be subject to the exclusive jurisdiction of the courts of the province of Quebec or a federal Canadian court, in the judicial district of Montréal, notwithstanding any potential application of conflict of laws principles.

Some jurisdictions do not allow terms to be governed by the laws of a foreign jurisdiction. Accordingly, the laws of Quebec may not apply to you.

Copyrights

All articles, text, illustrations, images, photographs, information, audio clips, video clips, software and codes available on the Website (the “Content”), including their arrangement and compilation, are protected by Canadian and foreign laws, notably those respecting copyright, and are the property of the Organization, its affiliated entities, its licensors or the person recognized as the content supplier.

You agree to comply with all other copyright notices, information or restrictions on or in the Content that you can access through the Website. The Organization grants you a non-exclusive and non-transferable license for the personal and non-commercial use and display of the Website on your computer or other electronic device solely for the purposes of representation on a single-user screen and reproduction, in only one specimen, for a back-up copy or a printout, provided you do not modify the Content and provided you keep intact all copyright notices. The modification, reproduction, distribution, transmission, broadcast, representation, networking, commercialization, publication, licensing, download, creation of derivative work, posting on the Internet, sale or exploitation of the Website or of the Content, including by retention on a cache server, framing or other similar methods, are prohibited.

All software integrated into or found on the Website, including any type of source code, and all files or images contained in or generated by that software, is protected by copyright and may be protected by other rights. All of this software is the property of the Organization, its affiliated entities or its licensors.

Except as otherwise clearly indicated on the Website, no element on the Website shall be construed as conferring a right, title, interest or other license in the software integrated into or available to download from the Website, including, notably, any intellectual property rights in the software.

Notice of Claimed Infringement

If you believe your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide the Organization with the following written information in accordance with the Canadian Copyright Act:

A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Website;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your name, address, telephone number and email address (if available); and
A statement by you that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Trademarks

PRODUCTEURS ET PRODUCTRICES ACÉRICOLES DU QUÉBEC, ÉRABLE DU QUÉBEC, MAPLE FROM CANADA, LES PRODUITS D’ÉRABLE DU QUÉBEC, SIROPCOOL and NAPSI are trademarks or certification marks of the Organisation. Other names, words, titles, phrases, logos, drawings, graphics, icons and marks displayed on the Website may constitute trademarks or certification marks of the Organization or of a third party. No element contained in the Website shall be interpreted as granting a license or a right of use in respect of any logo, drawing or mark of the Organization or a third party.

Responsibility for Minors

In the event that you have authorized a minor to navigate the Website, you agree that you are responsible: i) for their behaviour online; ii) for controlling their access and use of the Website; iii) for the consequences of any improper use of the Website. We recommend that you perform reasonable monitoring of the use of the Website by minors under your care.

Submissions

Unless the Organization has specific regulations or written procedures that outline other terms and conditions, when you submit messages, data, texts, photographs, images, recipes and other materials to the Organization, you grant the Organization a worldwide, unlimited, irrevocable, non-exclusive, perpetual and free of charge license: i) to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute or make available to the public your content for any purpose; and ii) to sub-license to third parties the unlimited right to exercise any of the foregoing rights.

In addition to the aforementioned granting of licenses, you i) waive any moral rights you may have to your content; ii) agree that your name, address and email address appear for your content, as the case may be, and to the disclosure or display of that information; iii) acknowledge and agree that the Organization cannot be held liable for any loss, damage or corruption of your content; and iv) acknowledge and agree that the material that you transmit for the purposes of display on the Website or that you submit to the Organization will be considered non-confidential.

You represent and warrant to the Organization that i) your content is original; ii) your content does not infringe any intellectual property rights, including without limitation copyright; iii) you are the sole owner of all intellectual property rights, including copyright without limitation, on and to your content or, where applicable, you have obtained written permission from the owner to provide your content; iv) your content does not infringe the privacy or image rights of a third party; v) your content is truthful, accurate, up to date and complete, to your knowledge; and vi) your content is not illegal in any other way.

The Organization has no obligation to verify the content present on or transmitted to its Website. You recognize, nevertheless, that the Organization may at any point verify this content, particularly to comply with a law, a regulation, a decree or a request from the authorities, to ensure the correct functioning of the Website or for any other reason, at its sole discretion. The Organization reserves the right to modify, refuse or delete any content present on its Website or that is transmitted to it if the Organization considers, at its sole discretion, that this content contravenes these Terms of Use.

Completeness and Accuracy of Information

The Organization shall make efforts to ensure that the information and the Content available on the Website are complete, accurate and up-to-date. Although the information and the Content come from sources that the Organization considers to be reliable, and are regularly updated, they may contain inaccuracies, omissions, spelling mistakes or other errors. These errors may relate to Product prices, descriptions or availability. All images, text and prices indicated on the Website are based on the most recent information available at the time of posting on the Website. Although the Organization makes every effort to display as accurately as possible the colours of products that appear on the Website, the Organization cannot guarantee that the colour appearing on screen corresponds exactly to the colour of the actual product.

Consequently, the Website and all of its Content are provided on an “as-is” basis, without any warranties of any kind, express or implied. Without limiting the generality of the foregoing, the Organization does not make any guarantee as to the availability or the stability of Website Content, with regard to the possibility of accessing it, to the absence of viruses, to the accuracy, reliability, integrity, completeness, performance or fitness for a particular purpose of the information provided, including the information relating to the Organization’s partners, to legislation or regulation, or to the availability of the services it describes. The user is asked to take note that the Website is the subject of regular technical maintenance operations, which may limit or prevent access temporarily or for an extended period.

The Website is accessible through the Internet network and in standard Internet formats. The Organization reserves the right to modify these formats at any time, and it is the user’s responsibility to acquire at their sole expense the Internet access and any software required to access the Website. The Organization reserves the right to correct any errors and to change the Content without notice. At its sole discretion, in addition to any other rights and recourses at its disposal and without any liability whatsoever, the Organization may terminate or restrict access to any element of the Website at any time and without notice.

The Organization reserves the right to amend the prices displayed at any time, without advance notice. Unless specified otherwise, taxes and delivery fees are not included in the displayed prices. All prices displayed are in Canadian Dollars. Despite the Organization’s efforts to provide the most accurate information possible, an item’s price on the Website may be incorrect. If the price displayed on the Website is incorrect, the Organization reserves the right to correct the price or to cancel a sale made on the Website or otherwise, in its sole discretion.

Disclaimer

The Organization is providing this Website and its Content on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of this Website or the information, content, materials or products included on this Website. To the fullest extent permitted by law, the Organization disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, the Organization does not represent or warrant that the information accessible via this Website is accurate, complete or current. Price and availability information is subject to change without notice. The Organization will not be liable for any damages of any kind arising out of or in connection with the use of this Website. The Organization, its affiliated entities, and partners and licensors are in no way liable for direct or indirect damages, including but not limited to, a loss of revenue, customers or data, due to the use or incapacity to use or have access to the Website or the content and items these may allow access to. This limitation applies in extracontractual or contractual matters, even if the Organization has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to you.

Indemnity

At the Organization’s request, you undertake to indemnify, defend and hold harmless the Organization, its affiliated entities, partners, subsidiaries and licensors and their employees, contractors, mandataries and administrators, against liability and against claims and fees (including the extrajudicial costs of their legal counsel) arising out of your use or your errors in the use of the Website. To the fullest extent possible, you accept to cooperate with the Organization for its defence in the context of any situation in which you are required to provide indemnification.

Hyperlinks to Third-party Websites

The Website may contain hyperlinks to third-party websites (“Third Party Sites”) that will result in you leaving the Website. The Organization provides these hyperlinks for your convenience. Third Party Sites are not under the control of the Organization, and the hyperlinks are not to be construed as an approval or an endorsement of their content by the Organization. The Organization is not responsible for and makes no warranties or guarantees regarding the content of Third Party Sites, the links they contain, the changes or updates which are made to them, or their terms of use.

Hyperlinks to the Website

The Organization permits hyperlinks to the Website. However, it does not wish to be linked to any Third Party Site i) that contains content constituting or encouraging conduct that would constitute a criminal or penal offence, give rise to civil liability or otherwise violate any municipal, provincial, national or international law or regulation that would be likely to affect or harm the activities, the credibility or the integrity of the Organization, or that contains, displays or transmits any material or information that oversteps the moral or legal standards of Canadian society; or ii) that contains, displays or transmits any information, software or other material that violates or transgresses the rights of another, including material which is an invasion of privacy or a violation of the right to privacy, or that is protected by copyright, trademark or other property rights. The Organization reserves the right to prohibit or to refuse to accept a hyperlink to the Website at any time and at its sole discretion. You agree to remove any hyperlink you may have to the Website at the Organization’s request.