Brian McClay & Associates Inc. Website, Reports, Databases, other information services
These Terms and Conditions of Use were last updated on July 6, 2017.
- ACCEPTANCE OF TERMS
Brian McClay & Associates Inc (“We” or “BMc”) provides its internet site, pulpmarket.ca and all of its content, products and services offered on or through the Web Site or via other channels (collectively the “Services”), to you subject to these Terms and Conditions of Use (“Terms”). Your use of the Services in whole or in part constitutes your binding acceptance of the Terms. If you do not agree to the Terms, you should not use the Services. Some Services may be subject to additional posted rules, policies and terms and/or separate written terms and conditions. When you use those Services, you and BMc shall be subject to those additional terms and conditions. In the event of an inconsistency between the Terms and any additional posted terms and conditions or separate usage terms, the provisions of the additional terms and/or separate usage terms shall control. The terms “You” and “User” refer to anyone who subscribes to BMc Services.
BMc may change the Terms at any time without notice. Changes will be posted at www.pulpmarket.ca. Your use of the Services or the Web Site after any changes have been posted will constitute your agreement to the modified Terms.
- USE OF THE SERVICES; PROPRIETARY RIGHTS
BMc grants you a non-exclusive, non-transferable, limited license to access and use the Web Site and the Services for the fees, if applicable, and under the Terms.
The Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, but not limited to, the selection, sequence and ‘look and feel’ and arrangement of items (the “Content”), displayed on the Web Site and in other reports, documents, databases and presentations, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Services or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of BMc.
The Content is the exclusive property of BMc or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Web Site may be registered or unregistered marks of BMc or others. Any unauthorized uses of the Marks or any other Content are strictly prohibited. You shall honor all reasonable requests by BMc to protect BMc’s proprietary interests in the Web Site and the Content.
You may not use any BMc price index data included in BMc Services and Content, or any BMc trade names, trademarks, service marks associated with any such index (whether registered or unregistered), in connection with the trading, clearing or settlement of physical commodity contracts, futures contracts, forwards, options or financial instruments of any kind, unless expressly authorized through a commercial-use licensing agreement. You may not use any Content for any unlawful or unauthorized purpose.
- DISCLAIMERS OF WARRANTIES
THE SERVICES, MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. BMc WARRANTS THAT THE SERVICES ARE BASED ON BMc’s REASONABLE EFFORTS TO COMPILE AND ANALYZE THE BEST SOURCES REASONABLY AVAILABLE TO BMc AT ANY GIVEN TIME AND, THAT ANY OPINIONS REFLECT BMc’s JUDGMENT AT THE TIME AND ARE SUBJECT TO CHANGE. THE FOREGOING WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS, OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AS TO ACCURACY, COMPLETENESS, OR ADEQUACY OF INFORMATION. BMc RESERVES THE RIGHT TO MODIFY THE WEB SITE OR THE SERVICES AT ANY TIME.
Without limiting the foregoing, BMc is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. As between you and BMc, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, postings and materials associated with your use of the Services. Under no circumstances shall BMc nor any of its subsidiaries, parent corporations and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the “BMc Parties”), be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.
- LIMITATION OF LIABILITY
BMc shall not be liable for any damages incurred by you that arise as a result of reliance upon the Services. IN NO EVENT SHALL ANY BMc PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH BMc PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY BMc PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00). IN NO EVENT WILL ANY BMc PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICES, ANY CONTENT OR THE WEB SITE. Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have BMc, upon written notice from you to us, attempt to repair, correct or replace any deficient Service and, if repair, correction or replacement is not reasonably commercially practicable for BMc, in its sole discretion, to refund, on a prorate basis, any monies actually paid by you for the Service involved and to terminate and discontinue your use of the Services.
You agree, at your own expense, to indemnify, defend and hold harmless BMc, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) use by someone using your account; (iii) a violation of the Terms by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. BMc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BMc in asserting any available defense. You acknowledge and agree to pay BMc’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by BMc under the Terms and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify BMc pursuant to the Terms.
- LINKS TO OTHER WEB SITES
You may, through hypertext or other computer links, gain access to web sites operated by persons other than BMc. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You agree that BMc is not responsible for the content or operation of such web sites, and that BMc shall have no liability to you or any other person or entity for the use of third-party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that BMc endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the BMc Website.
- ADDITIONAL LEGAL TERMS/APPLICABLE LAW
These Terms constitute the entire agreement between you and BMc and govern your use of the Web Site, Services and Content, superseding any prior agreements between you and BMc. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content or third-party software. These Terms cannot be changed or terminated orally. These Terms are personal to you, and you may not assign your rights or obligations to anyone. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect
This agreement shall be governed by and construed in accordance with the substantive and procedural laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal, to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with your use of the Services or any other matter related to the Terms.
The parties have requested that the present agreement be drafted in the English language. Les parties ont exigé que le contenu des présentes soit rédigé en langue anglaise.