TERMS & CONDITIONS

POT & PEBBLE’S TERMS AND CONDITIONS OF THIS AGREEMENT MAY CHANGE FROM TIME TO TIME, AT POT & PEBBLE’S ENTIRE DISCRETION AND WITHOUT NOTICE. PLEASE BE AWARE THAT BEFORE EACH USE OF THE WEBSITE, YOU HAVE THE RESPONSIBILITY OF CHECKING THAT YOU STILL WISH TO BE BOUND BY ITS TERMS AND CONDITIONS.

USE OF THIS WEBSITE

This website is owned by POT & PEBBLE a division of 9780688 Canada Inc. and has been made available for information and educational purposes only. By accessing and browsing this website, you agree to be bound by and to abide by the following terms and conditions and by all applicable laws. Your acceptance of the foregoing is made without limitation, restriction, or qualifications. If you do not agree with any of the terms and conditions contained herein, please do not use this website.

EXCLUSION OF WARRANTIES

POT & PEBBLE makes no representations or warranties whatsoever to the functionality or condition of this website, its suitability for use, that it will be error free, or that its use will be uninterrupted, or free from viruses or other harmful components that may damage your computer system. BY ACCESSING THIS WEBSITE, YOU EXPRESSLY RECOGNIZE THAT ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU ON A “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. POT & PEBBLE DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESSED, OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You expressly recognize that the above-mentioned exclusions are in addition to and not in lieu of any specific exclusions provided elsewhere in these terms and conditions of use. To the extent that the jurisdiction to which you are subject to does not allow the exclusion of certain warranties, such exclusions shall not apply.

LIMITATION OF LIABILITY

BY ACCESSING THIS WEBSITE YOU RECOGNIZE THAT POT & PEBBLE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. You expressly recognize that your sole and exclusive remedy is to cease using and accessing this website. Should the jurisdiction to which you are subject to disallow any part of such limitation, then such part will not apply.

OWNERSHIP AND CONFIDENTIALITY

Unless otherwise provided for in these terms and conditions of use, the material appearing on this website is owned by or otherwise provided to POT & PEBBLE makes no representation or warranty as to the fact that such material does not infringe the rights of third parties, you acknowledge and recognize that any information or material which you provide electronically through your access to or usage of this website is deemed to be not confidential. You acknowledge that such information and/or material may be used in any manner by POT & PEBBLE.

As such, you expressly grant to POT & PEBBLE. the right to reproduce, retransmit and/or publicize such information and/or material. Unless otherwise provided for herein, the trademarks, logos, and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of POT & PEBBLE or of third parties and may not be used without written permission of POT & PEBBLE or of the respective owners of such Marks.

CONTROL OF ACCESS TO AND MONITORING OF THIS WEBSITE

POT & PEBBLE reserves its rights to monitor and control access to this website at all times and to take all necessary measures. By accessing this website, you expressly consent to any such control and monitoring by POT & PEBBLE.

LINKS

By browsing this website you will be able to access links and references to other websites. Those links and references are provided to you for convenience purposes only. POT & PEBBLE does not warrant that the information and/or material contained in those links, or the accessibility thereof, is accurate and exhaustive. POT & PEBBLE assumes no responsibility whatsoever for any such other websites, or for the information or material posted thereon, nor does it assume any responsibility for products or services offered thereon. Unless you have been expressly authorized in writing POT & PEBBLE, you may not create links from other websites to this Website.

DAMAGE TO THIRD PARTIES

You are strictly prohibited from introducing into or through this website any information and/or material which may be harmful to others. Without limiting the generality of the foregoing, you are strictly prohibited from including, knowingly or otherwise, any information and/or material which may constitute libel, slander, defamation, obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity. In addition, you are strictly prohibited, knowingly or otherwise, to manipulate the website or introduce viruses, defects or any other harmful components which could cause damage to POT & PEBBLE or to third parties.

ACCURACY OF INFORMATION

Any information or materials on the website may prove to be inaccurate despite POT & PEBBLE best efforts to keep the website up to date. POT & PEBBLE does not warrant that the information and/or material contained in this website is up-to-date, accurate, error-free or complete.

ERRORS, VIRUSES, AND OTHER TECHNOLOGICAL PROBLEMS

POT & PEBBLE does not represent or warrant that the information or materials accessed from or through this website will be uninterrupted or free of errors, defects, viruses, or other harmful components and that no damage will be caused to your computer system as a result thereof, or that any such problems which are discovered will be corrected. Please take all precautionary measures when accessing this website.

RESERVATION OF RIGHTS

POT & PEBBLE reserves all of its rights and recourses which are not expressly defined herein. Nothing contained in these terms and conditions of use shall be construed as conferring by implication, or otherwise any license or right under any copyright, patent, trademark or other intellectual right of POT & PEBBLE or any other person or entity.

CHANGES TO TERMS

POT & PEBBLE may at any time and without notice, alter and/or modify and/or otherwise update at its absolute discretion the terms and conditions of use of this website. You expressly agree to be bound by such terms as are in effect at the time at which you access this website.

GOVERNING LAW

The terms and conditions of use of this website shall be construed by and interpreted in accordance with the laws of the Province of Quebec and the applicable laws of Canada, without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Province of Quebec in Canada related to the interpretation or application of the terms and conditions of use of this website.

JURISDICTION

This website operated by POT & PEBBLE from Montreal, Quebec, Canada. POT & PEBBLE makes no representation that materials on this website are appropriate or available for use in other locations. It is incumbent upon those who choose to access this website from other locations to comply with local laws, if and to the extent local laws are applicable.

SURVIVAL OF OBLIGATIONS

The terms and conditions of use of this website shall apply while you are accessing the website and shall survive thereafter. Notwithstanding the fact that access to this website may no longer be feasible, the provisions set out in the above sections of the terms and conditions of this website shall survive.