Legal

General Terms and Conditions of Use and
Privacy Policy

Last updated: Saturday, June 9, 2012

The website located at www.michelgarant.ca (the  “Site”) is operated for the benefit of Michel Garant (hereafter referred to as “MG”).

By using the Site, the user hereby fully and unconditionally accepts and agrees to be bound by the general terms and conditions hereinafter set forth. These general terms and conditions may be modified or supplemented at any time and will continue to apply to users of the Site.  Users of the Site should therefore regularly consult these and take note of the date these were last updated (which is set forth above).

The purpose of the Site is to provide information about Michel Garant’s fundraising activities for the benefit of the Mira Foundation.  In conjunction with the foregoing, the Site provides access to a portal which allows users to make donations to the Mira Foundation.

MG strives to provide information on the Site that is as accurate as possible.  Hoever, MG will not be liable for any omissions, inaccuracies or incompleteness with respect to such information regardless of whether attributable to him or to any third party that supplies such information.

All information available on the Site is provided as a rough guide only and may change from time to time.  Moreover, information available on the Site is not exhaustive.  It is provided subject to further modification following their publication on the Site.

MG will not be liable for any physical damage arising in conjunction with use of the Site.  Moreover, users agree to access the site using an up-to-date and virus free computer system with a current and updated web browser.

MG or its licensors exclusively either owns all intellectual property rights in all materials available on the Site including, without limitation, all text, images, graphics, video, logos, icons, sounds and software. MG will be the exclusive owner of any and all intellectual property rights in and to any comment, suggestion or thought communicated or otherwise expressed through the Site or through any e-mail.  The user represents and warrants that these do not infringe any third party rights and hereby irrevocably assigns these to MG.  The user hereby waives any and all moral rights he or she may have in any of the foregoing.

Any reproduction, representation, modification, publication or adaptation of all or any portion of the Site, regardless of the manner or method used, is strictly prohibited unless MG has provided his prior written authorization with respect to that specific act.

Any unauthorized exploitation or use of the Site or any content available thereon will comprise copyright infringement and will be subject to legal action pursuant to the Copyright Act.

 

MG disclaims any express or implied warranty with respect to the Site or with respect to the information, materials, services and other products accessed through the use of the Site.  MG will not be liable for any direct, indirect, incidental, consequential or special damages related to use of the Site, information, materials, services and other products accessed through use of the Site or related to the unavailability of the Site.

The Site offers interactive features that allow the user to post content (and ask questions).  MG reserves the right to delete, without prior notice, any content provided through such interactive features.  MG also reserves the right to pursue or escalate, with respect to civil or criminal proceedings, users who post racist, injurious, slanderous or obscene content, regardless of the format of such content (text, photos and so forth).

The Site contains several hyperlinks which direct users to other websites.   MG is not responsible for verifying the content of such sites and will not in any way liable with respect to such other websites.  Users should therefore review such websites’ terms and conditions of use and privacy policies.

Donations made through this Site are administered and processed by Beanstream Internet Commerce Inc. (“Beanstream”).  Such donations are thereafter paid to the Mira Foundation by Beanstream.  MG will not in any way be liable for Beanstream’s conduct.

The following information may be collected in conjunction with use of the Site:

  • The URL of the links through which the user accessed the Site;
  • The user’s ISP;
  • The user’s Internet protocol (IP) address;
  • Any content posted by a user on the Site; and
  • The e-mail address and content of any e-mail sent by any user to any e-mail address related to the Site.

In all cases, MG only collects personal information with respect to users for the purpose of the operation of the Site. Users who access the Site acknowledge and consent to such collection and use of their personal information.

Personal information collected from a user will not in any manner whatsoever, without the prior consent of such user, be published, exchanged, transferred, conveyed or sold to any third party.

Access to the Site may result in the installation of cookies on a user’s computer. A cookie is a small file that stores information related to your use of the Site without identifying such user. Such information collected allows more convenient access to the Site and also allows for compilation of various aggregate data and statistics regarding use of the Site.

Users can disable creation of cookies on their computer but doing so may prevent access to certain portions or features of the Site.

Any dispute relating to access or use of the Site or any services or content available through use of the Site will be governed by the laws of the Province of Ontario and the Federal laws of Canada applicable in Ontario.  Users hereby irrevocably attorn to the exclusive jurisdiction of the courts in the city of Toronto, Ontario having jurisdiction.



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