Terms of Use

IMPORTANT LEGAL NOTICE: PLEASE READ AND REVIEW THESE TERMS OF USE BEFORE USING THE UMARK.CA WEBSITE. ANY USE OF THE WEBSITE BY YOU INDICATES THAT YOU HAVE READ ITS CONTENT AND EXPRESSLY ACCEPTS ALL OF THE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE OR ACCESS THIS SITE ANY FURTHER, DO NOT USE THE SEARCH ENGINE AND DO NOT PLACE AN ORDER WITH UMARK TO PROCESS A TRADEMARK APPLICATION.

Umark Inc. (“Umark”), as a convenience to you, grants you access to its website located at www.umark.ca and/or any of its subdomains (collectively, the “Site(s)”), conditioned on your acceptance of the terms, conditions and notices contained herein (the “Terms of Use”) as well as in the Umark Privacy Policy linked from the home page. Accessing any part of the Site indicates that you accept these Terms of Use in full. If you do not accept these Terms of Use, do not use the Sites and leave immediately. When we use the words we or our, we mean Umark.

These Terms of Use were last updated on October 31, 2014. We may change these Terms of Use at any time. If any modification is unacceptable to you, you shall cease using the Sites. Please review the Terms of Use each time you visit any Site. By using any Site, it means you accept the most recent version of the Terms of Use.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Umark or its affiliates for other products or services.

For the purposes of these Terms of Use, “Content” means collectively and without limitation any text, images, graphics, software (including source code, object code and related documentation), applications, search engines, specifications, audio files, videos, articles, trademarks, trade names, logos and other information or content available through the Sites.

You are also subject to the Umark Privacy Policy located at www.umark.ca/privacy

Use and Restrictions

The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 16 years of age or older, and who are not barred from using the Sites under applicable laws.

The search engine on the Site is provided solely as a convenience to you for non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. Any order you place will also be governed by your agreement to the Umark Terms of Service found at www.umark.ca/terms-service that you must agree to prior to submitting your order. You acknowledge and agree that Umark, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. Umark reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including, without limitation, blocking or terminating your account if applicable), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification, suspension of access or discontinuance of the Site.

You further agree that you will not: (a) resell for commercial purposes services ordered through use of the Sites; (b) resell or make commercial use of the Sites or Content therein; (c) modify, distribute, sell, transmit, display, reproduce, publish, license, create derivative works of or transfer any Content; (d) collect or use any listings or descriptions without Umark’s prior express consent; (e) use any data mining, robots, or similar data gathering and extraction methods that connect with the Site or try to extract data or information from the search engine on the Site; (f) other than for personal use as expressly permitted herein, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any manner; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any Umark trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Umark’s express prior written consent; or (i) use any meta tags or any other "hidden text" using a Umark name, trademark, or service brand without Umark’s express prior written consent.

Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Use, may result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), unfair competition and communications regulations and statutes. Umark reserves all rights to pursue for damages due to unauthorized use of any Site.

Copyright

The Content and the Sites, as well as the selection and arrangement thereof: (a) are the sole property of Umark and/or its licensors; (b) may be protected by patent, copyright, trademark and/or other intellectual property rights; (c) may not be used except in accordance with these Terms of Use (that include other agreements referenced herein); and (d) are protected in Canada and in other jurisdictions by the Copyright Act, other legislation and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Umark.

Other than as necessary for your use of the Sites in accordance with these Terms of Use, Umark grants no privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Site. Any Content owned by Umark’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Umark’s express prior written consent. Umark does not represent or warrant that any Content or Site does not infringe the rights of any other person or entity.

Trademarks

All trademarks, logos, service marks, trade names and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Umark or such Marks' respective owners and may not be used without the written permission of the owner of such Marks. You may not display or reproduce the Marks other than with the prior written consent of Umark, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Nothing herein is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. The trademark “Umark” is exclusively owned by or used under license by Umark.

In addition, all page headers, custom graphics, button icons, and scripts contained in the Sites are trademarks, service marks, trade names, works protected copyright, and/or trade dress of Umark or their respective owners, and may not be copied, reproduced, imitated, or used, in whole or in part, without Umark’s express prior written consent.

You are expressly prohibited from using any Meta tags or any other “hidden text” utilizing Umark’s name or trademarks without the express written consent of Umark. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Umark.

If Umark Provides you with an Account

In order to purchase products or services through the use of the Sites, you must submit a formal application with Umark and you are subject to the Umark Terms of Service. The Sites are directed for use by adults. If you are between the age of 16 and 18, you should only purchase products or services from the Sites with your parent or guardian’s supervision. If you use the Sites, you are responsible for maintaining the confidentiality and security of your account, if applicable, and password and for restricting access to your computer or other electronic device, and you agree to accept responsibility for all activities that occur under your email address, your account and/or password. You are also solely responsible for keeping active your email address as listed with Umark. For the purpose of ambiguity, you are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your email or account.

You acknowledge and agree that Umark may: (a) refuse service, terminate accounts or cancel orders in their sole discretion; and (b) access, preserve, and disclose your account information, all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if Umark is required to do so by law or legal process or if Umark determines, in its sole discretion, that such action is necessary to protect the rights of Umark, third parties, and other users of the Sites or for purposes of responding to your request for customer service. Umark’s right to disclose any such information shall govern over any terms of our Privacy Policy.

Use of the Search Engine

When you use the FREE search engine on the Site (“Search Engine”), you expressly agree to the limitations listed herein and also acknowledge and agree that your use of the Search Engine is on an “as is” basis without warranties of any kind. This Search Engine is: (a) may contain errors and/or omissions derived from the information available in the data banks it searches; (b) is simply presented as a preliminary step; (c) is not expected to replace a comprehensive report; and (d) should be expected to include incomplete information. Under no circumstance will Umark, its lawyers, its agents, directors and/or employees be responsible for any damages, error or decision that you may incur as a result of relying on the data provided by the Search Engine. The extent of this statement is applicable to damages of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims. No oral or implied advice is given through the Search Engine and you are advised not to rely on such information alone. You take full responsibility for the risks involved in relying upon the Search Engine. Umark reserves the right to change its policy in the future and limit access and/or charge a fee to use the Search Engine.

Terms of Service

When you purchase products or services from the Site, your purchase is subject to separate Terms of Service posted on the Sites. You should refer to these Terms of Service of Sale to learn more about the conditions of your order. By placing an order, you agree to be bound by such terms. The terms are subject to change without prior notice at any time, in Umark’s sole discretion so you should review the terms of sale each time you make a purchase.

You agree to pay for all products and services (including applicable taxes) ordered. All sales of products and services are final.

Electronic Communications

Your use of the Sites includes the ability to enter into agreements and make transactions electronically. In addition, when you send emails to us, you are communicating with us electronically. You consent to receive electronic communications from Umark either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that all agreements, notices, disclosures and other electronic communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Submitting Feedback

When you submit any feedback, ideas or materials about Umark, our products and services, you hereby assign to Umark all right, title and interest in and to such feedback, ideas or materials and waive in favour of Umark all moral rights you could own therein.

Modifications

Any Content on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Umark reserves the right, in its sole discretion, to modify the terms to charge fees for the use or access to any services or Content offered through the Sites, at any time and from time to time.

Indemnification

You agree to defend, indemnify and hold harmless Umark, its affiliates and their respective directors, officers, employees, lawyers and agents against any losses, liabilities, claims, expenses (including attorney's fees) arising out of your use of the Site, and interactions or dealings with Umark.

Links to Third Party Websites

Umark provides links to other websites and other resources operated by third parties as a convenience to you. Umark does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Providing links to such websites on our Sites does not imply any endorsement of such website or the content, products or services offered, advertised or promoted there, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third party websites.

Warranties and Disclaimer

THE SITES AND ANY CONTENT PROVIDED VIA THE SITES, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UMARK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, UMARK DOES NOT REPRESENT OR WARRANT THAT THE SITES, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, SECURE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT TO UMARK THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. UMARK RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, UMARK RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE IN ADVANCE FOR ANY INCONVENIENCE.

Limitation of Liability

UMARK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Please note that certain laws in certain states and/or provinces do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Intellectual Property Right Infringement

Umark may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of Umark or others. If you believe that your work is the subject of copyright infringement, trademark infringement or other intellectual property right infringement and appears on any Site, please provide Umark with all relevant information the following address: info@umark.ca

Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Governing Law

These Terms of Use are governed by the laws of the province of Quebec and the laws of Canada applicable therein (without regard to conflicts of law principles) and all disputes arising out of or relating to this Agreement are irrevocably submitted to Quebec courts, judicial district of Montreal, without giving effect to the conflict of law provisions of Quebec or your actual state, province or country of residence.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be invalid, illegal or unenforceable, in any respect, under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be modified, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Umark as a result of these Terms of Use, our Privacy Policy or any other agreement with Umark or your use of any Site. Umark’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Umark’s right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Umark with respect to such use. These Terms of Use, our Privacy Policy and the Terms of Service constitute the entire agreement between you and Umark with respect to the Sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Umark with respect to the Sites.

All rights not expressly granted to you above are reserved to Umark. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Umark, its agents, licensors or suppliers or any other person or entity.

Language

You and Umark agree that this agreement and all related documents be drawn up in the English language. Les parties confirment leur volonté que cette convention, de même tous les documents qui s’y rattachent, soient rédigés en langue Anglais.