Terms of use

1. Introduction

By accessing, browsing, viewing or using (collectively referred to in this agreement as “using”) the Web site of Colabor at www.colabor.com (“this Site”), you agree to the following terms and conditions of use and to our Privacy Policy as posted on this Site (collectively “Terms and Conditions”). If you do not agree to these Terms and Conditions, you may not use this Site.

If at any time the Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site. Colabor recommends that you print a copy of these Terms and Conditions for your records.

All references to Colabor in this Web site are to the entity of the Colabor and, depending on the context, include the Colabor Income Fund.

2. Access and Use of this Site

This Site is intended for the lawful use of Colabor customers, employees, and members of the general public who are over the age of 18, and who are physically located in Canada at the time of accessing this Site.

Subject to these Terms and Conditions, Colabor grants you a non-exclusive, non-transferable, limited right to use this Site and the information on this Site (the “Materials”), solely for your own personal use or for the use of any organization that you hereby represent and warrant that you are able to bind under these Terms and Conditions, provided, however, that you may not, nor may you allow others to, directly or indirectly:

• A. sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other Web site or in any environment of networked computers;
• B. transfer the Materials to any other person without the written consent of Colabor;
• C. use this Site in any manner that could damage, disable, overburden or impair this Site;
• D. upload, post or otherwise transmit on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
• E. interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
• F. disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;
• G. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part;
• H. use or attempt to use another’s account, password, service, system or other information that may be provided on this Site without prior written authorization from Colabor, or create or use a false identity on this Site;
• I. transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
• J. upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
• K. attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

You are solely responsible for all actions and communications undertaken or transmitted in the course of your use of this Site, and you will comply with all laws that apply or may apply to your use of this Site or in respect of the Materials.

Colabor reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time for any reason without prior notice to you and without any liability to you for doing so. Colabor may change, modify, suspend or discontinue all or any aspect of this Site at any time, including the availability of any feature, database, or Materials, without prior notice to you and without liability to you for doing so.

3. Intellectual Property

All Material on this Site, including but not limited to, all software, text, data, sound, programming, visual images, graphics, site design and the selection, organization, functionality, performance and arrangement of the foregoing are the property of Colabor unless otherwise indicated. You acknowledge that this Site contains Material that is protected by copyright, trade-mark and other intellectual and proprietary rights of Colabor, the Colabor Income Fund or third parties. You will comply with any additional copyright notices, information, or restrictions contained in any Material available on or content accessed through this Site. Except as expressly provided herein, no license to use or reproduce the Material or any other content is given to you and all intellectual property rights are expressly reserved.

4. Confidentiality

The Internet is not currently an entirely secure mode of communication, and therefore confidentiality and security of information communicated over the Internet is not possible at this time. Except as expressly set out in the Terms and Conditions, Colabor cannot ensure the privacy, security or authenticity of any information or instructions you send to us or that we send to you over the Internet. Colabor will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request.

5. Applicable Agreements

All products of Colabor are subject to the terms of the applicable agreements. The information contained on this Site does not constitute a solicitation or an offer to buy or sell any product, service or information.

6. No Advice

The information contained on this Site is not intended to constitute business, legal, accounting, financial or tax advice. Many factors unknown to us may affect the applicability of any statement or comment that we make on our Web site to your particular circumstances. You should consult with your professional advisers before acting on any information that we have provided.

7. Accuracy and Changes

Facts and information provided by Colabor at this Site are believed to be accurate when placed on the Site. Colabor reserves the right, at any time, to modify, alter, or update these Terms and Conditions, and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of such revisions. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as changed. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.

8. Hyperlinks and Third Party Material

Links to other Web sites or references to products, services or publications other than those of Colabor at this Site do not imply the endorsement or approval of such Web sites, products, services or publications by Colabor. Access to any other Web site linked to the Colabor Site is at your own risk and Colabor is not responsible for the availability, accuracy or reliability of the contents of any linked Web site or any link contained in a linked Web site. Links do not imply that Colabor or this Site is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Colabor.

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Colabor shall not have any liability whatsoever to you for any such third party material, data or information.

9. Disclaimer

Colabor does not warrant the accuracy, reliability, completeness, quality, adequacy or content of any information on this site. Such information is provided “as is” without warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose or that the web site will be uninterrupted or error free. Our web site could include inaccuracies or typographical errors.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Colabor or its affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors (collectively, the “Colabor parties”) be liable for any special, incidental, indirect, consequential, punitive or exemplary damages whatsoever (including, without limitation, damages for harm to business, loss of revenue, loss of profits, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) arising out of the use of or inability to use this site, or any product or service described or provided on this site even if any of the Colabor parties have been advised of the possibility of such damages or could reasonably foresee such damages occurring. In any event, Colabor parties’ total liability to you for all damages, losses, claims and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, shall be limited to the amount paid by you for a particular service or product offered on this site.

11. Indemnity

You agree to indemnify, defend and hold harmles the Colabor parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees) arising from or related to: (i) any use or alleged use of this Site or the Materials, (ii) your breach of these Terms and Conditions, or (iii) your violation of any law or the rights of a third party arising out of your use of this Site. Colabor reserves the right to assume the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with Colabor’s defense of these claims, demands and actions.

12. Jurisdiction, Governing Law and Arbitration

Colabor makes no representation that the Materials are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions and your use of this Site shall be construed in accordance with and be governed by the laws in force in the Province of Quebec and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. Any claim or cause of action that you may have with respect to this Site or our acts, omissions or services must be commenced within one (1) year after the claim or cause of action arises.

13. General

If any provision of these Terms and Conditions shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. Colabor’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. These Terms and Conditions comprise the entire agreement between you and Colabor and supersede all prior agreements between the parties regarding the subject matter contained herein.