TERMS AND CONDITIONS OF USE

The bernard-brassard.com website (the “Site“), is owned and operated by BERNARD & BRASSARD L.L.P. (“Bernard & Brassard”). By accessing and using the Site, you unconditionally agree to be bound by these terms and conditions of use (the “Terms and Conditions“) and all applicable laws. If you do not accept and agree with these Terms and Conditions, do not visit the Site.

Bernard & Brassard reserves the right, at its sole discretion to change, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to periodically check these Terms and Conditions, available on the Site, for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to such changes.

CHANGES TO THE SITE

Bernard & Brassard may, at its sole discretion, modify at any time the Site or any part thereof, to suspend the Site, to modify or withdraw services or products offered thereon, without notice or delay. Bernard & Brassard will not be responsible in any way, to any party for any loss or damages that may result, directly or indirectly from any (i) modification or suspension of the Site; or (ii) modification or withdrawal of services or products offered thereon.

NO LEGAL ADVICE

The content made available on the Site is for informational purposes only, does not constitute legal advises and should not be taken as such. You should contact a Bernard & Brassard professional to discuss legal concerns you may have.

NO LAWYER-CLIENT RELATIONSHIP

No lawyer-client relationship between you and Bernard & Brassard or any of its professional as a result of (i) the presentation of the content of this site or your use of said content; or (ii) the transmission of information by yourself via this Stie or the receipt by Bernard & Brassard of any such information.

INTELLECTUAL PROPERTY

All the content of this Site, including without limitation the trademarks, text, logos, slogans, images, drawings, graphics, illustrations, photographs, videos and musical excerpts, is owned by Bernard & Brassard, or otherwise provided or used under license by Bernard & Brassard. Bernard & Brassard does not represent or warrant that any uploaded content from third parties does not infringe the rights of any third party. All the content of this Site is subject to Bernard & Brassard’s intellectual property rights under applicable laws of Canada or other countries and international treaties. Any unauthorized use of this content, including without limitation any reproduction, distribution, transmission or communication to the public without prior written authorization of Bernard & Brassard is prohibited.

Without limiting the generality of the foregoing, you recognize that the trademarks displayed on this Site are trademarks, registered or unregistered, of Bernard & Brassard or third parties, are the property of their respective owners and cannot be used without the prior written authorization of their respective owners.

No element of this Site shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of the intellectual property contained therein, except with the express written consent of Bernard & Brassard or the owner of such intellectual property.

HYPERLINKS

The Site may contain hyperlinks enabling users to visit external websites, owned and operated by third parties. Bernard & Brassard has no control over these external websites and does not guarantee their content. You assume full responsibility for your use of these sites and fully release Bernard & Brassard from all liability. Under no circumstances, the inclusion, on this Site, of a hyperlink to a third-party website shall not, under any circumstances, be interpreted or construed as an endorsement, by Bernard & Brassard, of any representation or information contained on any such website or as a partnership or affiliation with the owner of any such website. Your use of third-party websites is subject to the terms and conditions of these websites.

PERMITTED USE AND SECURITY

You may not use the Site for purposes other than the purposes set out in these Terms and Conditions and are prohibited from making any attempt whatsoever to access any data not intended for you, testing the vulnerability of our systems and solutions, compromising their security or efficiency and effectiveness, and sending unsolicited e-mail, including without limitation advertising.

RISKS ASSOCIATED WITH THE INTERNET

The Site is accessible based on its availability and Bernard & Brassard makes no warranties, either express or implied, that the Site will operate without interruption, virus or error or in a secure and timely manner, that the information contained is accurate and without error, or that defects in the software and applications, if any, will be rectified. You are solely responsible for any damage to your computer or loss of data that may result when downloading material.

Communication over the Internet is subject to interception, loss or alteration and you acknowledge that Bernard & Brassard shall not be held liable for damage resulting from the transmission of confidential information or personal information over the Internet and that such communications are at your own risk.

LIMITATION OF LIABILITY

Usage of the Site is at your sole risk and Bernard & Brassard makes no warranty, express or implied, that (i) the Site will meet your requirements or result in revenues or profits; (ii) access to Site will be uninterrupted, timely, secure, or error-free; and (iii) the results that may be obtained from the use of the Site will be accurate or reliable.

In no event will Bernard & Brassard be liable for any indirect, incidental, consequential, special, punitive or exemplary damages or lost profits, even if Bernard & Brassard has been advised of the possibility of such damages. In no event Bernard & Brassard’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall exceed the fee paid to Bernard & Brassard by yourself in the last 6 months.

TERMINATION OF USE OF THE SITE

Bernard & Brassard reserves the right to terminate, at any time and without prior notice, your right to access the Site or your account for any reason, including because Bernard & Brassard reasonably believes that (i) your usage of the Site (a) pose a security risk to Bernard & Brassard or any third party, including other Site’s users; (b) could adversely impact the Site, Bernard & Brassard’s systems or of any other person’s system; (c) could subject Bernard & Brassard or any third party to liability; or (d) could be considered fraudulent; (ii) you are in breach of these Terms and Conditions; or (iii) you are in breach of any payment obligations toward Bernard & Brassard.

YOUR COMMENTS

You agree that by providing or submitting by any means of transmission material to Bernard & Brassard, including your suggestions, ideas and comments, you are granting Bernard & Brassard permission to use such material for the purpose of carrying on its business. No compensation will be paid for the use of said material and Bernard & Brassard will have no obligation to publish or use it.

INTERPRETATION

In these Terms and Conditions (i) the headings have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof; (ii) where appropriate, the singular number set forth herein shall be interpreted as the plural number, and the gender shall be interpreted as masculine, feminine or neuter, as the context dictates; (iii) “or” is used in the inclusive sense of “and/or”; and (iv) the terms “herein”, “hereof”, “hereto”, “herewith”, “hereunder”, “hereby”, and other similar terms, generally refers to these Terms and Conditions as a whole rather than to a specific part thereof, unless otherwise indicated in the text.

In the event that any provision of these Terms and Conditions is deemed to be invalid or unenforceable, in whole or in part, such provision will, whenever possible to do so, be interpreted, construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. All the remaining provisions of these Terms and Conditions will remain valid and continue to bind the parties.

GOVERNING LAW

These Terms and Conditions shall be governed by the laws of the Province of Québec, Canada and you consent to submit all disputes or disagreements arising pursuant to these Terms and Conditions to the exclusive jurisdiction of the courts of the Province of Québec, judicial district of Longueuil.

PROTECTION OF PERSONAL INFORMATION

These Terms and Conditions should be read in conjunction with Bernard & Brassard’s Personal Information Protection Policy available on this Site. For information relating to the protection of personal information, please refer to our Personal Information Protection Policy.

LAST REVISED: January 16th 2023