Terms of Use

Terms & Conditions Governing Your Use of This Website

Last Updated – March 11, 2022

Pour consulter la version en français, appuyez ici.

PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. Phillips & Cohen Associates, Ltd. (collectively with its operating subsidiaries and affiliates,“we”, “us”, “PCA”) provides this website and website-related services, if any (collectively, the “Site”), subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between us and you, the Site visitor, with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to these terms and conditions, you must not use the Site.

We may, at any time, at our sole discretion, revise or otherwise update this Agreement by posting an amended Agreement on the Site; any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.

Further, we reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, discontinuance of the Site or of any Materials (as defined below).

If you have any questions about this Agreement, please contact us at the following address:

Phillips & Cohen Associates (Canada), Ltd.
16766 TransCanada Highway, Suite 402
Kirkland, Quebec, H9H 4M7

1. Important Notices. We make available the information and materials on the Site (the “Materials”) for general informational purposes only. Further, the Materials are general in nature and may not apply to particular factual or legal circumstances. In addition, unsolicited emails and information sent to us do not create a relationship with us, will not be considered confidential and may be disclosed to others pursuant to our Privacy Policy.
2. Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:

• Use the Site for any fraudulent or unlawful purpose.
• Impersonate any person or entity, including, but not limited to, any Site employee, agent or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the Site.
• Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse or other harmful code.
• Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
• Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about our attorneys, other employees and representatives identified on the Site, without their express consent.
• Sell, resell, transfer, license or exploit, for any commercial purposes, any use of or access to the Site or the Materials.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or Materials.
• Frame or mirror all or any part of the Site without our prior express written authorization.

1. Phillips & Cohen Associates (Canada), Ltd.’s Proprietary Rights. You acknowledge and agree that the Site and the Materials are, and shall remain, the property of PCA and/or its licensors and are protected by copyright, trademark and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Materials, provided that, subject to your compliance with this Agreement, we do grant to you a limited, personal, revocable, non-transferable and non-sub licensable license to (a) access the Site and the Materials via the Internet solely for purposes of viewing such materials and (b) to print out pages of the Site for your personal, non-commercial use.

Trade names, trademarks and service marks of PCA include “Phillips & Cohen Associates (Canada), Ltd.” and any associated logos. All trade names, trademarks and service marks on the Site that are not owned by us or our affiliates are the property of their respective owners. The trade names, trademarks and service marks owned by PCA, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or one of our affiliate’s product or service or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any right or license to use any of PCA’s trade names, trademarks or service marks without our (or the relevant affiliate’s) prior express written permission.

Disclaimers; Disclaimers Regarding Other Servers and Web Sites

This Site, the Materials on and in and made available through this Site, and the services, information, and products offered by PCA in connection therewith are made available “as is” and “with all faults.” Use of this Site is entirely at your own risk.

PCA makes no representations or warranties, and disclaims all representations and warranties, with respect to this Site, the Materials on and in and made available through this Site, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all Materials on and in and made available through this Site is with you.

PCA shall not be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this Site, the Materials on and in and made available through this Site, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will PCA extend liability to you or any other person or entity in connection with, based upon, or arising from this Site, the Materials on and in and made available through this Site, or the services, information, or products offered in connection therewith exceed the price paid by you for use of this Site. Use this Site at your own risk.

Without limiting the generality of the foregoing, other sites that may be listed or linked in this Site are not under the control of PCA. Accordingly, PCA can make no representation concerning the content of these sites to you, nor can the fact that PCA has given you this listing serve as an endorsement by PCA of any of these sites. PCA is providing links to these sites as a convenience to you. PCA has not tested any software that may be found on these sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found there. There are inherent dangers in the use of any software found on the Internet, and PCA cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. PCA is not responsible for any content, information, products, services, or software offered by any other party or at any other web site.

Privacy Statement

PCA has a Privacy Policy setting out PCA’s online information gathering and dissemination practices with respect to the Site. The Privacy Policy is incorporated into this Agreement by reference, as if set forth fully herein.

Governing Law and Jurisdiction

This Agreement, including, without limitation, the Privacy Policy, represent the entire agreement between you and PCA with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Province of Quebec or the laws of the State of Delaware, as applicable, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.

Miscellany:

By accessing, viewing, or using the works, content, or Materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Wilmington, Delaware, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by PCA from its offices within the United States. Without limiting anything else, PCA makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of PCA to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under this Agreement. Headings used in this Agreement, including, without limitation, the Privacy Policy, are for reference only and shall not affect the interpretation of this Agreement (or the Privacy Policy). PCA reserves the right to terminate your access to this Site in the event that you violate this Agreement or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.

PCA welcomes your feedback and suggestions about how to improve our products, information, and services and this Site. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to PCA, you automatically grant PCA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, PCA is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.