Terms of Use

Effective date of Online Terms of Use: December 3, 2012

The M.E.A. is responsible for the maintenance of the website www.mea.ca (hereinafter the “Website”). These Online Terms of Use govern your access to the Website. These Online Terms of Use do not apply to websites that have no link to the present Terms of online use, to residents of countries other than Canada or to third party websites towards which the Website may have links. The use of the Website is subject to the present Online Terms of Use and the Privacy Policy (Website).

Without prejudice to your rights under applicable law, the M.E.A. reserves the right to modify these Online Terms of Use to reflect technological advancements, and legal and regulatory changes. If the M.E.A. modifies these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and the M.E.A. will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the Website, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing the Website. If you disagree with these Online Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

DISCLAIMER

You acknowledge and agree that:

  1. The M.E.A. is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. These links are provided solely as a convenience to you and not as an endorsement by the M.E.A. of the contents on such third-party Websites, which are not under the control of the M.E.A. Except as otherwise provided on the Website, the M.E.A. will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the Website. Such information should, therefore, be considered as suspect and is not endorsed by the M.E.A.

USE OF THE WEBSITE

you understand, acknowledge, and agree to the following:

  1. By using the Website, you agree not to disrupt or intercept our electronic information posted on the M.E.A.'s Website or servers. You also agree not to attempt to circumvent any security features of the Website. Violations of the M.E.A.'s system or network security may result in civil or criminal liability, and the M.E.A. will investigate occurrences which may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
  2. By using the Website, you agree to abide by all applicable local, provincial, federal and international laws and regulations. You agree that you will not use the Website in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, and you will not post any material that is obscene, defamatory, vulgar, threatening, harassing, abusive, hateful or embarrassing to another person or entity.
  3. You grant the M.E.A. the right to use all content you upload or otherwise transmit to the Website, subject to the M.E.A.'s Online Terms of Use and Privacy Policy, in any manner the M.E.A. chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the Websites (if applicable).
  4. Except as expressly stated and agreed upon in advance by the M.E.A., no confidential relationship shall be established in the event that any user of the Website should make any oral, written or electronic communication to the M.E.A. (such as feedback, questions, comments, suggestions, ideas, etc.). If the Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), the M.E.A. shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and the M.E.A. shall be free to reproduce, publish or otherwise use such information for any purpose whatsoever. The sender of any information to the M.E.A. is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

INTELLECTUAL PROPERTY

The information, documents, and related graphics published in the Website (the “Information”) are the sole property of the M.E.A., except for information provided by third-party providers under contract to the M.E.A. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) the graphics available on this Website are always used with the accompanying text. The M.E.A. is not responsible for content provided by third-party providers, and the Website user is prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of he M.E.A.

No use of any trade dress in the M.E.A. Website may be made without the prior written authorization of the Sponsor, except to identify the services offered by the M.E.A.

PRIVACY AND SECURITY

The M.E.A. is committed to safeguarding your privacy online. We understand the importance of privacy to visitors to the Website. The use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Website, you agree to be bound by that Privacy Policy.

You recognize and agree that when submitting your personally identifiable information to the Website, while the M.E.A. has safeguards in place to prevent unauthorized access to or interception of such information, there is no absolute guarantee of security IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, THE M.E.A. SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUFFERED BY A CUSTOMER OR USER, EVEN IF THE M.E.A. HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE M.E.A. DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY USER SHALL BE FREE FROM INTERCEPTION OR THAT UNAUTHORIZED THIRD PARTIES WILL NOT HAVE ACCESS TO SUCH INFORMATION. THE USER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the M.E.A., its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the M.E.A., arising out of or in connection with (i) your use of the Website; (ii) your breach of these Online Terms of Use, including any abusive or unlawful behaviour on the part of you or your dependents, or (iii) your infringement of any intellectual property or privacy right of any person. This indemnification provision shall apply to third-party claims as well as claims between you and the M.E.A.

LIMITATION OF LIABILITY

The M.E.A. disclaims any liability for injury or damages resulting from the use of the Website, or the content contained therein.

THE WEBSITE, THE SITE CONTENT, AND THE SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL THE M.E.A. BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE THE WEBSITE OR ITS CONTENTS, ANY SERVICES PROVIDED OR OFFERED BY THE M.E.A., OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, WHETHER OR NOT THERE IS NEGLIGENCE BY THE M.E.A., AND WHETHER OR NOT THE M.E.A. HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Website or these Online Terms of Use more than one (1) year after such claim or cause of action arose.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE WEBSITE.

GENERAL

You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between you and the M.E.A. with respect to its subject matter. The Website was created under the laws of the Province of Quebec and is operated under such laws. The laws of the Province of Quebec will govern the provisions contained in these Online Terms and Conditions, to the extent that the laws of the Province of Quebec are not overridden by applicably mandatory law, e.g. consumer protection laws applying to you. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.