General Conditions

These terms of service (the “Terms”) are intended to set out the conditions under which various services of LOUER OU PAS INC. described below are made available to its customers (“you”). Any use of these services will be in accordance with these Terms. The websites, www.loueroupas.com and www.shouldyourent.com (the “Websites”), and any other LOUER OU PAS and/or SHOULD YOU RENT brand service offered from time to time (the “Services”) are owned, managed and operated by Louer ou Pas? Inc. (“we”, “us”, “LOUER OU PAS”) having its head office at 410-5455, Rue de Terrebonne, Montreal (Quebec) H4A 3R5 Canada. Please read these Terms and any other policies posted from time to time on Services before accessing the Services. By using the Services, you declare that you have read the Terms. You also state that you agree to be bound by these Terms. In case of refusal to adhere to the Terms, please do not use the Services.

Service Updates

We reserve the right to update or modify the Services, as well as these Terms at any time without notice.  You agree to consult this page of the Website to become informed of any changes that are made to the Terms. You agree that your use of the Services following a modification of the Terms implies acceptance of the new Terms.

Interruption of Services

Be advised that we reserve the right to discontinue the Services , in whole or in part, for a temporary or permanent duration, without notice and in our sole discretion. You acknowledge that we will not be liable to you or to any third parties on account of any harm caused by such interruption of the Services.

Accuracy and Security of your Information

You warrant that any information you provide to LOUER OU PAS is true, accurate, correct, up-to-date and complete. You agree to keep this information up-to-date for the duration of your use of the Services. We reserve the right to suspend or terminate your account without reimbursement of fees paid, in the event that you are in default to comply with the requirements of this paragraph.

Certain sections of the Website are reserved for members who have accounts which they must log into using their user name and their password. To have access to these sections, we must activate a customer account for you and grant you a username. You will be asked to choose a password. We encourage you to use passwords “strong” (passwords that use a combination of upper and lower case letters, and digits). You are responsible for safeguarding your password. You agree to maintain the confidentiality and security of such information and not share it with third parties. You acknowledge that you have no right to transmit or transfer your account to a third party. You shall be solely responsible for the activities that occur in your account. We will not be responsible for any prejudice which may result from the use of your account by a third party and/or the theft of your identity by a third party.  You undertake to notify us as soon as possible of any misuse or unauthorized use of the Services by a third party by sending us an email to the following address: admin@shouldyourent.com.

Content on the Services

Any information generated or accessed when using the Services, including without limitation, information, text, data, photos, images, graphics, animations, illustrations, software and messages (the “Content”), whether publicly posted or privately transmitted via the Services or the social media profiles of LOUER OU PAS and/or SHOULD YOU RENT is the sole responsibility of the person who originated such Content. We are unable to monitor or control the Content posted on the Services or the social media profiles of LOUER OU PAS and/or SHOULD YOU RENT by third parties and we cannot be held responsible for such Content. When you rely upon the Content or materials posted on the Services or the social media profiles of LOUER OU PAS and/or SHOULD YOU RENT?, you do so at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or information posted on the Services or social media profiles of LOUER OU PAS and/or SHOULD YOU RENT and we do not endorse any opinions expressed via the Services and/or on the social media profiles of LOUER OU PAS and/or SHOULD YOU RENT?.

You understand that by using the Services or the social media profiles of LOUER OU PAS and/or SHOULD YOU RENT?, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, information that have been mislabelled or are otherwise deceptive. We will not be responsible in any way for any such Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind resulting from the use of the Content posted, emailed, transmitted or otherwise made available via the Services or social media profiles of LOUER OU PAS and/or SHOULD YOU RENT. Subject to our Privacy Policy, when you submit Content, you grant us a non-exclusive, unrestricted, irrevocable, perpetual and royalty-free right to use, modify, copy, reproduce, publish, distribute, broadcast, display, create derivatives of, transfer, sell, assign, license or otherwise exploit such Content, throughout the world and in any manner deemed reasonable in our sole discretion, without your authorization. Additionally, you waive any moral rights you may have in relation to such Content. Content submitted by a user of the Services or the social media profiles of LOUER OU PAS and/or SHOULD YOU RENT represents only the opinions of the user and does not represent the views of LOUER OU PAS. We reserve the right, in our sole discretion, to remove or refuse to distribute any Content on the Services or the social media profiles of LOUER OU PAS and/or SHOULD YOU RENT and to delete users or customer accounts.

Intellectual Property Policy

It is strictly forbidden to download, copy, reproduce, sell, resell, distribute, transmit or share the Services, in whole or in part, without our prior written authorization.

You acknowledge that the Services and the information contained thereon, including, without limitation, any text, data, images, video, graphics, animations, photographs, illustrations, software, logos, names commercial, trade marks and sounds are the exclusive property of LOUER OU PAS and/or our respective partners. Services and information contained thereon are protected under all applicable laws, including without limitation, copyright law and trademark law. By accessing the Services, you acquire solely the limited, non-assignable and non- transferable right to use the Services in accordance with these Terms. Without limiting the generality of the foregoing, we authorize you to view the Services on the screen of a device, such as a computer or smart phone that allows you to read the Content, as well as to print one paper copy thereof.

Limits on Use and on Content

We strictly prohibit the following conduct when using the Services:

  • Identity Theft: It is forbidden to impersonate a third party through the Services.
  • Confidentiality: It is forbidden to publish or display the confidential information of LOUER OU PAS? or a third party, including without limitation, their credit card numbers and other banking information, address or social insurance.
  • Unlawful Use: You may not use the Services for illegal purposes or in furtherance of illegal activities. You may not use the Services to violate the rights (including, without limitation, the right to reputation, the right to privacy, the right to the protection of the name and personality rights) of a third party or LOUER OU PAS?. It is also forbidden to use the Services to harass, threaten, defame or cause any harm to LOUER OU PAS? or a third party.
  • Malware/Phishing: It is prohibited to publish links to malicious content intended to damage or disrupt another user’s browser or jeopardize the privacy of the user.
  • Spam: It is forbidden to use the Services in order to “spam” third parties. The definition of “spam” will evolve as we respond to new tricks and tactics used by spammers.
  • Other prohibited activities: It is forbidden to access, alter or use non-public areas of the Services, or our IT systems, to probe, scan or test the vulnerability of our system or our network or to breach or circumvent any security or authentication measures, to access or search or attempt to access or search the Services by any means other than the interface that we publish or to interfere or attempt to interfere with access by LOUER OU PAS? or any user of the Services.

Cancellation of Subscriptions, Interruption of Services and Deletion of Accounts

When you cancel your account, you immediately lose access to your account. Prior to the termination of your membership, be sure to back-up your information by other means.  LOUER OU PAS? will not be held responsible for the unlawful or accidental deletion of your account and is not responsible for the restoration of your account if illegally or accidentally deleted.

Cancellation by LOUER OU PAS?

We reserve the right to terminate or suspend your subscription at any time without notice if: – You violate these Terms or any other policy published from time to time regarding use of the Services;- We experience unexpected technical problems;- We experience the compromise of security measures in place with respect to the Services;- We learn that the Services contravene or may contravene any law or regulation;- We are obliged to discontinue or change the Services, in whole or in part, in a material way.  In the event that we terminate or suspend your subscription, you will not be entitled to any refund of amounts paid in respect of your subscription to the Services, if any. In addition, we will have no liability to you or any third party for any damage arising directly or indirectly from such termination or suspension.

Links

The Services may contain links to third party websites or resources. You acknowledge and agree that we are not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services available on or through such websites or resources. Links to websites or resources do not imply any endorsement by LOUER OU PAS? of such websites or resources or the content, products or services available via such sites or resources. You assume all risks arising from your use of such third party websites or resources.

Advertising

During your use of the Services and thereafter, we may send certain messages, such as service announcements and administrative messages. By accessing the Services, you agree to be shown advertisements fromLOUER OU PAS? and third parties. These messages are considered to be part of the Services and your account. If you do not wish to receive these messages, please follow the instructions in the email you receive or send a request to unsubscribe to the following address: admin@shouldyourent.com.

Limitation of Liability

You assume all risks associated with your use of the Services and you acknowledge that the Services are provided on an “as is” and “as available” basis. Equipment allowing access to the Services and telecommunication costs generated by the use of the Services are solely your responsibility. You acknowledge that we will not be responsible for any corruption or loss to the device you use to access the Services or of the data found on such device. We do not warrant that the Site will be compatible with all web browsers. You acknowledge that the Services may, from time to time, be interrupted for various reasons, including, without limitation, for Service updates; for access difficulties attributable to you or for any other causes beyond our control. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOUER OU PAS? AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, OPPORTUNITIES, DATA, USE, GOODWILL, OR OTHER LOSSES, TANGIBLE OR INTANGIBLE, ARISING OUT OF (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF OTHER USERS OR THIRD PARTIES, (III) ANY CONTENT POSTED ON THE SERVICES AND (IV ) ACCESS, USE OR UNAUTHORIZED MODIFICATION OF YOUR TRANSMISSIONS OR CONTENT; (V) ANY OTHER MATTER RELATING TO SERVICES, WHETHER FOUNDED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF LOUER OU PAS? HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You undertake to defend, indemnify and hold harmless LOUER OU PAS AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND REPRESENTATIVES from any claim or demand, including, without limitation, reasonable legal fees of a third party in connection with or arising out of (I) any content you submit, post, transmit or make available through the Services; (II) your use of the Services; (III) your violation of these Terms or any other policy of LOUER OU PAS; (IV) your violation of the rights of others. This obligation remains in force notwithstanding the termination of your use of the Services.

Policy towards Minors, etc.

The Services are not directed towards persons under 18 years of age and adults who are incapable of forming valid contracts. We do not knowingly collect information from such persons.

Governing Law, Forum and Severability

These Terms as well as any other LOUER OU PAS policy is governed by, and is to be construed and interpreted in accordance with, the laws of the province of Quebec and the laws of Canada applicable therein. Any claim, legal procedure or litigation relating to the Services are within the exclusive jurisdiction of the courts of Montreal, Quebec and you consent to the jurisdiction and forum of such courts and you renounce any forum non conveniens argument.

If any clause or provision of these Terms is declared illegal, invalid or inapplicable for any reason, such provision shall be deleted and all other provisions shall remain in force and effect to the extent permitted by law.

Entire Agreement

Subject to any other LOUER OU PAS policy set forth on the Services from time to time, these Terms constitute the entire agreement between you and LOUER OU PAS with regards to your use of the Services and replaces any prior agreement between you and LOUER OU PAS with regards to this subject.

Last updated:2015-06-29