LEGAL NOTICE

Legal Notice

Bewegen Technologies Inc. and/or its subsidiaries or other entities under its direct or indirect control (individually or collectively designated herein as “Bewegen” or “we”) take pleasure in placing the present website (the “Site”) at your disposal for your personal use. Nevertheless, by using this Site, you indicate your consent to being bound by all the terms and conditions of use (the “Terms of Use”) described below. We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revisions thereto, please exit the Site immediately.

Permitted Use

You agree that you are only authorized to visit, view and retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use provided that all notices regarding copyrights, trademarks or other proprietary rights are not deleted or modified, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so.

Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Bewegen may change, suspend, or discontinue any aspect of the Site at any time. Bewegen may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site.

Violation of the Terms of Use

You understand and agree that in Bewegen’s sole discretion, and without prior notice, Bewegen may block your access to the Site, or exercise any other remedy available, if Bewegen believes that your use of the Site has violated or is inconsistent with these Terms of Use, or violates the rights of Bewegen, or any third party, or violates any applicable law. You agree that monetary damages may not provide a sufficient remedy to Bewegen for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Bewegen may release user information about you if required by law or subpoena.

Copyright Policy

We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

Representations By You

By visiting the Site, you represent, warrant and covenant that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Bewegen in its sole discretion deems offensive.

Applicable to U.S. Residents Only: By visiting the Site, you also represent, warrant and covenant that you are at least 13 years old.

Our Intellectual Property

This Site is owned and operated by Bewegen. This Site contains several trademarks, names, designs, copyrights and other forms of intellectual property of great value ownership and use of which reside exclusively in Bewegen Technologies Inc. (the “Bewegen Intellectual Property”). You acknowledge that all content and materials available on this Site, including the Bewegen Intellectual Property (the “Site Content”), are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws, and are owned by Bewegen or our licensors.

Bewegen Technologies Inc. or our licensors retain all rights to the Site Content found on this Site. Unless otherwise indicated, no one has permission to, in any form, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from (collectively, “Republish”), any Site Content. No material from this Site or any website owned, operated, licensed or controlled by Bewegen may be Republished. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without Bewegen’s express written permission is prohibited. It is forbidden to Republish said Site Content without the express permission of Bewegen Technologies Inc., and nothing contained in this Site shall be construed as conferring by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary right. Except as we may expressly authorize, use of the Site Content is therefore strictly prohibited.

Disclaimer

Your use of this site and site material is entirely at your own risk.

You expressly agree that all site content is provided “as is” and “as available” for your use. The site content is provided without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability, or fitness for a particular purpose, or the warranties stated in the civil code of quebec or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. Neither Bewegen, nor our licensors, make any warranty that the site content is accurate, reliable or correct; that the site will be available at any particular time or location; that any defects or errors will be corrected; that the site content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the site.

Limitation of liability

Under no circumstances shall Bewegen, our directors, officers, employees, agents or representatives, our licensors, or any other party involved in creating, producing or delivering this site be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site or from information provided on the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, extra contractual or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold Bewegen and our employees, agents, representatives, officers and directors harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or Site Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Links to Other Websites

The Site contains links to sites operated by third parties throughout the Internet. Bewegen has no control over these sites or the content within them. Your linking to any sites from this Site is wholly at your own risk. Bewegen does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Bewegen does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and covenant that you may not make any claim against Bewegen for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.

Confidential or Exclusive Information

Bewegen appreciates your interest and invites you to forward your comments and suggestions on this Site and our products. On the other hand, Bewegen does not solicit and does not wish to receive any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our products or any new products.

Bewegen does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. If you send to Bewegen any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Should you choose to submit an idea or information to Bewegen, you agree that such information or material becomes and remains the sole and exclusive property of Bewegen without further liability or compensation to you. All such submissions shall be deemed the property of Bewegen, and your submission of idea or information shall constitute an assignment to Bewegen of all irrevocable, worldwide rights, titles, and interests in all languages and in perpetuity in such idea or information to use and exploit all or any part of the idea or information provided by you at our sole discretion by any method now existing or later developed. By submitting information, you agree that Bewegen has an unlimited and irrevocable right to publish such information, to use it as part of our commercial operations, and to incorporate its concepts in Bewegen products without liability or compensation to you.

If you are not the owner of the idea or information, by providing information or materials to us, you represent and warrant that the owner of all rights to such idea or information has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the information and materials provided by you.

You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us.

Jurisdictional Issues

Unless otherwise specified, the material on this Site is presented solely for the purpose of promoting Bewegen’s products. Bewegen makes no representation that materials or products depicted on the Site are appropriate or available in all locations.

This agreement shall be governed by and construed in accordance with the laws of the province of Québec without giving effect to any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the provincial or federal courts located in the province of Québec, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

By choosing to access the Site from any location other than Canada or the United States, you accept full responsibility for compliance with all local laws that are applicable. Bewegen makes no representation that materials on the Site are appropriate or available for use in locations outside Canada or the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use any materials from this Site in violation of any applicable laws or regulations.

Miscellaneous

If any provision of these Terms of Use should prove to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, supersede all prior or contemporaneous communications and proposals between you and Bewegen with respect to the Site, and shall not be modified except in writing. Section titles in the Terms of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.

© Copyright 2015 Bewegen Technologies Inc. All Rights Reserved.