Website Terms and Conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, AgaveMad and/or its licensors own the intellectual property rights in the website and material on the website, including but not limited to trade-names, trade-marks, patents, logos, images, processes, and phrases. Subject to the license below, all these intellectual property rights are reserved.
You may view pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish any material from this website (including republication on another website);
- sell, rent or sub-license material, including but not limited to copyrights, trade-marks, trade-names, and any moral rights from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for personal and/or commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute any material from this website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without AgaveMad express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without AgaveMad express written consent.
Access to certain areas of this website is restricted. AgaveMad reserves the right to restrict access to any areas of this website, or indeed this entire website, at AgaveMad discretion.
If AgaveMad provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
AgaveMad may disable your user ID and password in AgaveMad sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation name, address, phone, fax, e-mail, other text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to AgaveMad a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to AgaveMad the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or AgaveMad or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
AgaveMad reserves the right to edit or remove any material submitted to this website, or stored on AgaveMad servers, or hosted or published upon this website.
Not withstanding AgaveMad rights under these terms and conditions in relation to user content, AgaveMad does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. AgaveMad makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, AgaveMad does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
AgaveMad will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if AgaveMad has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit AgaveMad liability in respect of any:
- death or personal injury caused by AgaveMad negligence;
- fraud or fraudulent misrepresentation on the part of AgaveMad; or
- matter which it would be illegal or unlawful for AgaveMad to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Third Party Links
AgaveMad shall not be held responsible for any content posted under third party links, regardless of its intended use, and the user hereby waives any such right of claim in connection with such links. AgaveMad does not know whether or not such contents is age appropriate, and when and if the content of such links may have changed into content we do not agree with and/ or into content we can not endorse. We can only try to assure that all links are up-to-date, but we can not guarantee this, and shall consequently not be held liable for it.
Ownership of copyright and related intellectual property
The copyright and other related intellectual property in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by AgaveMad and its licensors.
AgaveMad grants to you a limited worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
AgaveMad does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without AgaveMad prior written permission.
The automated and/or systematic collection of data from this website is prohibited.
You may request a permission to use the copyright materials on this website by writing to firstname.lastname@example.org or AgaveMad, 2759 Blvd Matte, Brossard, Québec J4Y 2P4, Canada. It shall be upon AgaveMad sole discretion to grant such a permission. Failure to provide a response to your request shall in no event be construed to be considered a permission of use, or license in any way whatsoever.
Enforcement of copyright and intellectual property
AgaveMad and its licensors take the protection of its copyright and other related Intellectual Property (IP) very seriously.
If AgaveMad discovers that you have used its copyright materials or related Ips in contravention of the license above, AgaveMad may bring legal proceedings against you seeking significant monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of AgaveMad copyright materials that contravenes or may contravene the license above, please report this by email to email@example.com or by post to AgaveMad, 2759 Blvd Matte, Brossard, Québec J4Y 2P4, Canada.
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to firstname.lastname@example.org or by post to AgaveMad, 2759 Blvd Matte, Brossard, Québec J4Y 2P4, Canada.
Your privacy is important to AgaveMad. This privacy statement provides information about the personal information that AgaveMad collects, and the ways in which AgaveMad uses that personal information.
Collection and use of personal information
AgaveMad may collect and use your personal information to:
- administer this website;
- personalize the website for you;
- enable your access to and use of the website services;
- publish information about you on the website;
- send to you products that you purchase;
- supply to you services that you purchase;
- send to you statements and invoices;
- collect payments from you; and
- send you marketing communications.
Where AgaveMad discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, AgaveMad may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your data
AgaveMad will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
AgaveMad will store all the personal information you provide.
Cross-border data transfers
In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.
Updating this statement
You should check this page occasionally to ensure you are familiar with any changes.
This website contains links to other websites.
AgaveMad is not responsible for the privacy policies or practices of any third party.
- by email to email@example.com; or
- by post to AgaveMad, 2759 Blvd Matte, Brossard, Québec J4Y 2P4, Canada.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website, and exit right away.
You accept that, as a limited liability entity, AgaveMad has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against AgaveMad officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect AgaveMad officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify AgaveMad and undertake to keep AgaveMad indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by AgaveMad to a third party in settlement of a claim or dispute on the advice of AgaveMad legal advisers) incurred or suffered by AgaveMad arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to AgaveMad other rights under these terms and conditions, if you breach these terms and conditions in any way, AgaveMad may take such action as AgaveMad deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
AgaveMad may revise these terms and conditions from time-to-time and without notice. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
AgaveMad may transfer, sub-contract or otherwise deal with AgaveMad rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with the Terms & Conditions of the Sales Agreement, if applicable, constitute the entire agreement between you and AgaveMad in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the Federal laws of Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Montreal, QC, Canada. The use of this website in the province of Quebec is hereby specifically not permitted.