TERMS AND CONDITIONS OF USE
FONDATION J. ARMAND BOMBARDIER WEBSITE
www.bombardierfoundation.ca
1. Use of this Website
This website (www.bombardierfoundation.ca) is owned and operated by La Fondation J. Armand Bombardier (the “Site Owner”). Your use of this website is subject to the following Terms and conditions (the “Terms”) and all applicable laws. By accessing and browsing this website, you accept these Terms without limitation or qualification and you agree to be bound by them. If you do not agree with these Terms, whether in whole or in part, do not use this website. You are responsible for ensuring that your access to this website and the material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
2. Filing and Evaluation of Applications
This website indicates the procedure to be followed to file applications (the “Applications”) for donations in respect of projects relating to the Site Owner’s mission. To obtain information on the Application filing and evaluation process, please click here. The various steps for the filing of an Application and the information regarding the evaluation of Applications are provided on this website for informational purposes only. The Site Owner reserves the right to modify at all times, without notice and at its entire discretion, any element pertaining to the Application filing and evaluation process, the content of Applications and evaluation criteria. Nothing in this website shall be interpreted as offering any representation or warranty whatsoever as to the acceptance of an Application, or chances that an Application will be accepted, by the Site Owner. By filing an Application, you expressly waive all right of action against the Site Owner and its affiliates, as well as their respective directors, officers, employees and agents, with respect to the filing, the evaluation or the result of that Application.
3. Intellectual Property
All material on this website, including but not limited to texts, photographs, images, illustrations and HTML code, is owned by the Site Owner or provided by him under licence. The material on this website is protected in Canada and in other jurisdictions by intellectual property laws (including copyright laws), private laws and applicable international treaties. The material on this website may not be used, copied, reproduced, communicated to the public by telecommunication, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever without the prior written consent of the Site Owner, save as a technological consequence of browsing this website in accordance with the present Terms and save as making a single copy of a document for personal use.
Trade-marks (including official marks and logos) displayed on this website are registered or unregistered trade-marks of the Site Owner or third parties having granted a licence to the Site Owner, and are the property of their respective owners, and may not be used without written permission from the owners of such trade-marks.
4. No Specific Advice
The information, documents, services, and materials available on this website are not intended to provide or comprise specific technical, financial, tax, legal, business, accounting or other advice of any kind and you should consult your own professional advisors to determine how any information, documents, services, or material provided on this website apply to your individual circumstances.
5. Accuracy of Information
While the Site Owner may update the information or material on this website from time to time, the Site Owner does not represent or warrant that information or material on this website is up-to-date, accurate, error-free or complete. The Site owner assumes no liability for any action, omission or decision based on a reliance on the information or material available on or through this website.
6. Information Transmitted
You acknowledge that information or material that you provide electronically to the Site Owner through your access to or use of this website is not confidential or proprietary. You further acknowledge that any unprotected communication by e-mail or via the Internet is subject to possible interception, alteration or loss, for which the Site Owner assumes no liability. You represent and warrant that the information or material that you provide electronically to the Site Owner by accessing or using this website does not infringe the rights of any other person or entity.
7. Exclusion of Warranties
The Site Owner makes no representation or warranty regarding the functionality, good working order or condition of this website, the information, applications, products, and services contained or advertised on this website, their suitability for use, or their use in an uninterrupted or error-free manner. ALL MATERIAL, APPLICATIONS, PRODUCTS, SERVICES, AND INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. THE SITE OWNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED. These exclusions are in addition to any specific exclusions otherwise provided in these Terms.
8. Limitation of Liability
The Site Owner and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether to you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, losses of profits, interruptions of activities, losses of programs or other data, arising out of or in connection with this website, its content, the products and services advertised therein or the use thereof or access thereto. Your sole and exclusive remedy is to discontinue using and accessing this website.
9. Damage to Others
You agree and undertake not to introduce in or through this website, and not to transmit to the Site Owner, any information or material which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any errors or defects in this website or material or information that may, for instance, constitute libel, slander, defamation or obscenity, or promote hatred or that can otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
You undertake not to prevent any person from using or accessing this website, or to limit its use by any person, and you agree not to transmit to or through this website, knowingly or unknowingly, any errors or defects that may without limitation create risks, technological or otherwise, for the Site Owner and its users.
10. Indemnification
You agree and undertake to take up the interest, indemnify and hold harmless the Site Owner and its affiliates, including their respective directors, officers and employees, with respect to all liability, claims or suits originating from a third party, and all damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with your failure to comply with the present Terms.
11. Links
Links and references to other websites are provided to you as a convenience only. The Site Owner has not reviewed and does not expressly or implicitly endorse other websites or any information or material accessible via such links, and does not assume any responsibility for any such other websites, information or material, products or services posted or offered therein. You may not create links from other websites to pages of this website other than to the main page, except if expressly permitted to do so by the Site Owner.
12. Reserve of Rights
All rights not expressly granted in these Terms are reserved to the Site Owner. Nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual right of the Site Owner or of any other person or entity.
13. Governing Law
This website is controlled and operated by the Site Owner from Montreal, Quebec, Canada, and these Terms shall be governed by the laws applicable to that territory, without reference to conflict of law principles. You agree to be bound by such laws and to submit to the exclusive jurisdictions of the courts of the judicial district of Montreal in connection with the interpretation or application of these Terms.
14. Severability
If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable any other provision of these Terms.
15. Modifications of Terms
The Site Owner may modify, alter or otherwise update the terms applicable to this website from time to time without notice and you agree to be bound by such terms as are in effect at the time you access this website.
16. Survival
These Terms apply while you are accessing this website and remain in effect thereafter, subject to the changes that may be brought pursuant to section 15 herein.
17. Cookies
You consent to the use of “cookies” (small text files transferred to your browser by a website) by the Site Owner. These cookies keep a record of your preferences, making your subsequent visits to this website more efficient and allowing the Site Owner to provide improved service by personalizing content, banners, and promotions that you and other users will have access to. Most browsers are designed to accept cookies, but their settings can be easily modified so that cookies are refused (see your browser’s help files for details).
18. No Waiver
The Site Owner’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision.
19. Entire Agreement
These Terms constitute the entire agreement between the Site Owner and you pertaining to your use of this website, its services and content and supersede any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and the Site Owner with respect to the subject matter hereof.
