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USER AGREEMENT – DISCLAIMER

Terms and Conditions of Use

Thank you for visiting the Sugatsune Canada Inc. (“Sugatsune”) website at www.sugatsune.ca (the “Website”). Please read the following Terms and Conditions of Use (“Terms”) before accessing or using this Website. By accessing and/or using this Website you, the visitor to this Website (“you” or “your”) acknowledge that you have read and understood these Terms and that you agree to be bound by them. If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to “you” throughout these Terms will include such organization, jointly and severally with you personally. It is a violation of these Terms for you to use the Website in violation of any applicable laws and regulations or in violation of the rules of any of Sugatsune’s service providers. If you do not understand and/or accept these Terms you should not access and/or use this Website.

Modifications: Please note that Sugatsune reserves the right, in its sole discretion, to modify, revise, or change these Terms at any time and without prior notice to you; therefore, you should review these Terms periodically to ensure your compliance. Modifications will be posted on the Website and the “Last Updated” date at the top of this webpage will be revised. You understand and agree that if you access and/or use this Website after the date on which the Terms have changed, Sugatsune will treat your use as acceptance of the updated Terms. If any amendment is unacceptable to you, you should not access and/or use this Website.

Use of Website Content: Sugatsune authorizes you to use this Website and the materials and information contained herein solely for personal and non-commercial purposes. Using this Website to evaluate whether to enter into a business relationship with Sugatsune shall not constitute a commercial use for the purposes hereof. Subject to your compliance with these Terms, Sugatsune grants you a non-exclusive, non-transferable, limited, personal, revocable, non-sublicenseable, non-assignable license to access and/or use the Website and materials or information contained on this Website for your personal, non-commercial use; otherwise, all rights not expressly granted to you in these Terms are reserved by Sugatsune and, if applicable, our licensors, and you are prohibited from modifying Website and materials or information contained on this Website without Sugatsune’s prior written approval. The use of Sugatsune’s Website and materials or information contained on this Website in a networked environment or on any other Website is prohibited.

Restrictions on Use: This Website is intended for use by persons eighteen (18) years old (or the age of legal majority where you are located) and you represent that you are of sufficient legal age to access and/or use this Website and its contents, that you possess the legal right, capacity and ability to agree to these Terms and access and/or use the Website in accordance with them, as well as to create binding legal obligations for any liability you may incur as a result of your use of this Website.

You may not use the Website for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the Website or the server hosting the Website nor will you use the Website to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Website in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Website or server hosting the Website; (iii) manipulates or otherwise displays the Website by using framing, mirroring or similar navigational technology or, except as expressly permitted by Sugatsune or enabled by Sugatsune’s “share” feature, directly links to any portion of the Website other than the main homepage; (iv) uses any robot, spider, scraper or other automatic or manual means to access the Website or copies any content or information on the Website; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of Sugatsune or its affiliates, partners, suppliers or Sugatsune’s licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Website; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Website or any hardware, software, system or network connected with the Website; (viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the Website or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Website; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information not intended by Sugatsune to be made accessible to you. Sugatsune reserves to the right to review any and all links to this Website, and may reject any such links to this Website in its sole discretion, and at any time. Failure to reject a link upon initial posting shall not be a waiver of the right to reject the link at a future time.

Sugatsune discourages you from submitting or posting to this Website any information that you consider to be proprietary or confidential. If you submit any such information Sugatsune will assume that it is not confidential in nature. By submitting any information or materials to this Website, you grant Sugatsune an unrestricted and irrevocable license to display, disseminate, reproduce, modify, transmit or otherwise use such information or materials, and you agree that Sugatsune is free to use any ideas, concepts, techniques, inventions or other information that you submit for any reason.

Privacy: Sugatsune recognizes and respects the privacy of those who use this Website. You may view a copy of Sugatsune’s privacy policy at_https://sugatsune.ca/privacy-policy/, which explains Sugatsune’s practices relating to the collection and use of your personal information through or in connection with the Website and governs Sugatsune’s use of your personal information and/or any information you submit or otherwise make available to Sugatsune in connection with the Website (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms by this reference. You acknowledge that you have read the Privacy Policy located on the Website, as it may be updated from time to time, and hereby consent to the collection, and use by Sugatsune of your personal information (whether previously collected or to be collected) for the purposes identified therein.

Intellectual Property: All logos, icons, graphics, insignia, names, marks, phrases, images, designs or similar items contained in this Website may be trade names, trademarks, or service marks (registered or unregistered) of Sugatsune or its subsidiaries, affiliates, business partners or vendors. The unauthorized use of Sugatsune’s trademarks, service marks or logos used on the Website is prohibited, and you are not permitted to copy, reproduce, republish or disseminate any such trademarks, service marks, or logos on this Website without Sugatsune’s prior written approval in each case.

Copyright: Except as otherwise expressly stated, all content appearing on the Website is the copyrighted work of Sugatsune or its third-party content suppliers and is protected by Canadian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Sugatsune and is protected by Canadian and international copyright laws.

You may download information from the Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from these Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Sugatsune or any applicable third party suppliers. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Sugatsune. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Sugatsune does not warrant or represent that your use of content or any other materials displayed on the Website will not infringe rights of third parties.

Links To Third Party Websites: This Website may contain links to third party websites. These links are provided for your convenience and for informational purposes only. These third party websites are neither controlled by nor monitored by Sugatsune and Sugatsune makes no warranties or representations regarding the information contained on these websites and any use or connection to these websites is made at your own risk. The content available on the third party websites linked to by the Website does not necessarily reflect the opinion of Sugatsune or imply a recommendation or endorsement by Sugatsune of the linked website or the opinions expressed therein. Sugatsune is not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information (“PII”) from or about you as well as non-PII about your visit. You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites. Sugatsune accepts no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Sugatsune is under no obligation to maintain any link on the Website and may remove a link at any time in its sole discretion for any reason whatsoever. Sugatsune shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.

No Liability For Sugatsune: BY ACCESSING AND/OR USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT IN NO CIRCUMSTANCES WILL SUGATSUNE ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, LICENSORS, PARTNERS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR OTHER DAMAGES OR LOSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, OPPORTUNITY, LOSS OF CLIENTS, LOSS OF ENJOYMENT OF THE WEBSITE, LOSS OF DATA OR PROGRAMS, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) THAT MAY ARISE DIRECTLY OR INDIRECTLY IN CONNECTION WITH THESE TERMS OR YOUR ACCESS OR USE OF THIS WEBSITE, ANY CONTENT CONTAINED OR PROVIDED THEREIN, OR ANY CONTENT OTHERWISE PROVIDED TO YOU BY SUGATSUNE, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES STEM FROM CONTRACT, CIVIL LIABLITY, TORT, STRICT LIABILITY, EQUITABLE CLAIMS, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES ARE CAUSED OR CONTRIBUTED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, TO BY THE ACTIONS (NEGLIGENT OR OTHERWISE) OF SUGATSUNE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, LICENSORS, PARTNERS, SUCCESSORS AND/OR ASSIGNS, EVEN IF SUGATSUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUGATSUNE ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, LICENSORS, PARTNERS, SUCCESSORS AND/OR ASSIGNS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR: (1) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE ASSOCIATED WITH YOUR USE OF THE WEBSITE, ANY CONTENT CONTAINED OR PROVIDED THEREIN, OR ANY CONTENT OTHERWISE PROVIDED TO YOU BY SUGATSUNE; (2) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY DELAY OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKS OR CONNECTIONS THERETO; (3) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY TRANSMISSION DEFECTS, VIRUSES OR SIMILAR EVENTS; OR (4) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM THE UPLOADING OR DOWNLOADING OF ANY MATERIAL OR INFORMATION TO, FROM, OR THROUGH THE WEBSITE.

IF ANY OF THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU OR YOUR SITUATION OR ARE HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, SUGATSUNE’S MAXIMUM LIABILITY TO YOU WILL BE FIFTY DOLLARS ($50.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF SUGATSUNE’S LIABILITY IN THESE TERMS.

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such cases, Sugatsune’s liability will be limited to the fullest extent permitted by applicable law.

No Warranties: SUGATSUNE’S WEBSITE AND THE CONTENT HEREIN OR OTHERWISE PROVIDED TO YOU BY SUGATSUNE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. SUGATSUNE DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SUGATSUNE ALSO DOES NOT MAKE ANY WARRANTIES THAT THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN WILL OPERATE FREE OF ERROR, THAT IT IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL, OR AS TO ITS ACCURACY, RELIABILITY, CURRENCY, COMPLETENESS OR TIMELINESS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK.

Indemnity: By accessing and/or using this Website or any content herein, you agree to indemnify, defend, and hold harmless Sugatsune and its officers, directors, employees, agents, affiliates, subsidiaries, contractors, licensors, partners, successors and/or assigns from and against any and all suits, actions, proceedings, judgments, settlements, demands, injuries, liabilities, losses, claims, damages, costs and expenses (including, without limitation, attorneys’ fees) that Sugatsune may become obligated to pay as a result of your access and/or use of this Website, your access and/or use of the content obtained or accessed through the Website or otherwise provided to you by Sugatsune, your violation of any federal, provincial, or local law, rule, or regulation, your violation of the rights of another, or your breach of these Terms. Sugatsune reserves the right to assume or participate, at your sole expense, in the investigation, settlement and/or exclusive defense of any such claim and you agree to cooperate in Sugatsune’s defense of such matter. This indemnification shall survive any termination of these Terms.

Availability of Products and Services: Due to offers that are limited in time or availability, certain products and services described on the Website may not be available to all users. The Website may provide certain summary descriptions or other helpful information regarding products and services. Sugatsune attempts to be as accurate as possible; however, any such materials are intended to generally describe the products and services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer. Sugatsune attempts to be as accurate as possible with our product descriptions. However, Sugatsune does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Website does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.

Violation of Rules and Regulations; Disclosure of Information: Sugatsune reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Website, including the right to block access from a particular Internet address to the Website. Sugatsune may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Sugatsune reserves the right at all times to: (i) disclose any information as Sugatsune deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post or to remove any information or materials on the Website, in whole or in part, as applicable, in Sugatsune’s sole discretion.

Termination: Sugatsune reserves the right, at its sole discretion, to terminate this agreement, to revoke your right to limited use of this Website and to prohibit you from accessing it, in whole or in part, with or without notice.

Miscellaneous

Relationship:  These Terms do not create any relationship of principal and agent, partnership, joint venture, fiduciary, or employment, between you and Sugatsune. You may not enter into any contract on Sugatsune’s behalf or bind Sugatsune in any way.

Electronic Communications: When you visit the Website or send e-mails to Sugatsune, you are communicating with Sugatsune electronically and you consent to receive communications from Sugatsune electronically. Sugatsune will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Sugatsune provides to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Sugatsune electronically are deemed to be given and received on the date Sugatsune transmits any such electronic communication as described in these Terms.

Sugatsune makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the contents of the Website may be illegal is prohibited. Those who choose to access this Website from other locations do so, on their own initiative and are responsible for compliance with applicable local laws.

Applicable Law and Jurisdiction: You agree, that regardless of your place of residence or location, that these Terms will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws applicable therein, excluding any principles governing conflicts of laws. Any dispute, recourse or claim arising out of or in connection with these Terms and Conditions or the use of the Websites or their content shall be submitted to the exclusive jurisdiction of the competent courts in the judicial district of Montreal, province of Quebec, Canada. In addition, you agree to not bring any action or proceeding except in Montréal, Québec, Canada, in respect of such litigation or dispute.

 

Severability: If any provision of these Terms is found to be invalid by any court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

Waiver of Rights: No waiver by Sugatsune of any of these Terms will operate as a further or continuing waiver of such term or any other term.

Entire Agreement: Except as expressly provided elsewhere on the Website, these Terms constitute the entire agreement between you and Sugatsune with respect to your use of the Website.

Waiver of Rights and Remedies: Sugatsune’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Sugatsune’s right to subsequently enforce such provision or any other provisions of these Terms.

Assignment and Inurement: Sugatsune may assign these Terms or any part of them without restriction or condition. You may not assign these Term’s without Sugatsune’s prior written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns..

Force Majeure: Neither party will be responsible for a failure to fulfil its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation.

Remedies: You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause Sugatsune irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Sugatsune obtaining any injunctive or equitable relief that Sugatsune deems necessary or appropriate. These remedies are in addition to any other remedies Sugatsune may have at law or in equity.

Entire Agreement: These Terms, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

Language: The parties have requested and agree that these Terms and Conditions and all documents relating there to be drawn up in English.

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