This Website is the exclusive property of Dorel Industries Inc. (“Dorel”). This document constitutes an Agreement between you and Dorel that sets out the terms and conditions by which Dorel allows you to visit the Website and to view the information that is contained therein. By visiting the Website, you accept the terms and conditions set forth in this Agreement. Please read this document carefully and, if for whatever reason you are not in agreement with the said terms and conditions, please end your visit to the Website. BY VISITING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT WITHOUT LIMITATIONS OR RESERVATIONS, AND BY ANY APPLICABLE LAWS.
2. Compliance with this Agreement and Applicable Laws
Your use of this Website shall be in compliance with this Agreement and any applicable laws, most notably but without limiting the generality of the foregoing, those laws pertaining to copyrights and trademarks.
3. Intellectual Property
You acknowledge that any and all information, content, documents, images, trade-marks, trade names, trade dress, products, reports, data, graphics, interfaces, web pages, text, files, software, product names, company names, logos and any other elements incorporated into or published on the Website (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of Dorel (or its licensors, as the case may be).
4. Restrictions on Use of Content
Subject to your compliance with the terms and conditions of this Agreement, Dorel grants you a non-exclusive, personal, non-assignable and non-sub-licensable, license to access (remotely via an Internet connection provided by you) the Website and the Content, the whole solely for informational purposes. Any other use of the Content must be authorized in writing by Dorel. Without limiting the foregoing, no Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded or distributed by you in any way without the prior written consent of Dorel. Except as expressly provided herein or in the case where Dorel has specifically granted written permission to use the Content, no license or right, express or implied, is granted to any person or user of the Website. More specifically, no right, title or interest in any Content, including without limitation any logos or other marks of Dorel, is transferred to you as a result of your use of the Website, and Dorel reserves complete title and full intellectual property rights in and to such Content.
5. Purpose of Website and Limitation on Warranty
The primary goal of this Website is to provide information on Dorel, as well as the products and services offered by its subsidiaries, divisions and affiliated companies. The information contained herein is provided for information purposes only and should only be used with this goal in mind.
While Dorel shall make all reasonable efforts to ensure that the information on the Website is accurate and up to date, it is possible that, at any given time, this information may be incomplete, contain errors or be out of date or inaccurate. Before making a decision based on the said information, you should validate the information with another source or contact Dorel.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND Except as expressly provided in this Agreement, this Website and all Content are provided “As Is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise including, but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, CURRENCY, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
6. Corporate Information
As part of its Content, this Website provides you with certain corporate information (including, without limitation, investment information, financial results, annual reports, and forward-looking statements) with respect to Dorel. You cannot use and/or rely on the Content, or provide the Content to others, for investment purposes. Information about the risks and uncertainties of Dorel’s business and its disclosure documents, including its most recent annual information form filed with the securities authorities in Canada are available online at www.sedar.com. Dorel disclaims any intention or obligation to update or revise any corporate information provided as part of the Content, whether as a result of new information, future events or otherwise, other than as required by law.
Without limiting the foregoing as it relates specifically to forward-looking statements, these statements necessarily involve risks and uncertainties that could cause actual results to differ materially from those contemplated by the forward-looking statements. Dorel considers the assumptions on which these forward-looking statements are based to be reasonable, but cautions the reader that these assumptions regarding future events, many of which are beyond its control, may ultimately prove to be incorrect since they are subject to risks and uncertainties that affect Dorel.
7. Limitation of Liability
Dorel assumes no liability pertaining to the use of the Website and/or the Content or for any damage or problem, whatever its nature or origin, that may arise in the use of this Website and/or Content or following the use thereof, or because of problems stemming from the operation thereof.
Without limiting the generality of the foregoing, and for further clarity, in no event will Dorel, its affiliates, agents, licensors, suppliers, or their respective directors, officers, shareholders or employees be liable for:
i.any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, or damages for loss of use, loss of profits, loss of savings, loss of opportunity, loss of data or cost of data recovery, howsoever caused, even if Dorel or any of its agents or employees have been advised of the possibility of such damages or claims or even if such damages or claims were reasonably foreseeable; or
ii.damages or losses resulting from viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; the Internet backbone; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this Website or the Content; any other website accessed to or from this Website; or events beyond the reasonable control of Dorel, even if Dorel or any of its agents or employees have been advised of the possibility of such damages or claims or even if such damages or claims were reasonably foreseeable
To the maximum extent permitted by applicable law, in no case will Dorel’s, its affiliates’, agents’, licensors’, suppliers’, and their respective directors’, officers’, shareholders’ and employees’ total cumulative aggregate liability arising under any cause whatsoever (including, without limitation, breach of contract, extracontractual liability, tort, negligence, gross negligence, or otherwise) be for more than one hundred Canadian dollars (CAD $100).
You agree at all times to indemnify, defend and hold harmless Dorel, its affiliates, agents, licensors, suppliers, and their respective directors, officers, shareholders and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) related to or resulting from, directly or indirectly:
i.any information or other Content which you send to Dorel by e-mail or other correspondence; or
ii.your use or misuse of the Content or this Website, including, without limitation, infringement claims.
9. Hyperlinks and References
The Website contains links that allow you to access websites operated by third parties and containing information on the said parties (“Third Party Sites”). These links have been provided solely as a convenience for users of this Website and your access to Third Party Sites through links provided on the Website is at your own risk. Dorel makes no representation as to these third parties, the state of the said Third Party Sites or the information contained on or distributed by such Third Party Sites. Dorel assumes no liability or responsibility concerning any damages that may arise from the use of links to Third Party Sites or information contained on or distributed by any Third Party Sites.
You are forbidden from placing a link to this Website on an external website or any other document without the prior written authorization of Dorel.
10. Disclosures to Dorel
Dorel is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except through the specific mechanisms set up on this site to receive such ideas. Except as otherwise explicitly provided on this site, (i) anything you disclose or offer to us by or through this Website ("Disclosures"), including e-mails or submissions to Dorel, shall be deemed and shall remain the property of Dorel; (ii) any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information confidential; (iii) Dorel is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information; and (iv) you hereby RELEASE Dorel from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By providing any Disclosure to Dorel, you hereby grant Dorel and its designees, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, adapt, display and create derivative works from such Disclosure for any purpose and in any media without compensation, and you hereby waive and warrant that all "moral rights" in and to the Disclosure have been waived. You represent and warrant that you have the authority to grant such rights, and you hereby agree to indemnify, defend and hold Dorel harmless from all claims resulting from any Disclosures you supply.
11. Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with registered users by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Site Monitoring and Consent to Data Exchange
Dorel reserves the right, at its sole discretion, to monitor your use of the Website as well as the use and access of all other users. By accepting to access this Website, you consent to such monitoring. You also acknowledge that Dorel is not obliged to do so and makes no representation to this effect.
Your use of this Website results in an exchange of data between your computer and Dorel’s server.
14. Changes Without Prior Notice
Dorel reserves the right to amend this Agreement at any time, and in its sole discretion, by posting the amendments on this Website. You are responsible for periodically reviewing the Website for any amendments to the Agreement. Access to the Website or use of this Website after any amendments have been posted shall be construed as your acknowledgement and acceptance of the amended Agreement.
In the event of litigation involving this Agreement, the version of this Agreement in effect at the time the disputed actions take place shall govern the dispute.
15. Entire Agreement
This Agreement, as it may be amended from time to time in accordance with Section 14, and any and all other legal notices and policies on this Website, constitute the entire Agreement between you and Dorel with respect to the use of this Website and the Content.
Notwithstanding the foregoing, certain Content may be subject to different terms and conditions which will be disclosed to you at the time of accessing such Content. If terms and conditions different from those contained herein are disclosed to you in relation to specific Content, those terms and conditions will apply to such Content and take precedence over this Agreement.
Any provision of this Agreement that is deemed unlawful, void, or for any reason unenforceable shall be deemed to be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision.
17. Reservation of Rights
Dorel hereby reserves those rights that have not been expressly granted in this Agreement.
18. Limitation of Access, Term and Termination
This Agreement is effective for the duration of your use of the Website. Dorel reserves the right to prevent or limit your access to this Website at its sole discretion. The intellectual property, restrictions on use of Content, limitation on warranty, forward-looking statements, limitation on liability, and indemnity provisions contained herein shall survive expiry of this Agreement.
19. Applicable Laws and Jurisdiction
Dorel, this Website and the Content (excluding linked websites or content) are physically located within the Province of Québec, Canada. This Agreement and your use of the Website will be governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, and shall be treated in all respects as a contract entered into and executed in the Province of Québec, without reference to conflict of laws principles.
Any dispute that may arise from your use of this Website is subject to the jurisdiction of the courts in the Province of Québec, district of Montréal. You agree to waive any right you may have to participate in any class action against Dorel related to this Website, the Content or this Agreement and, where applicable, you also agree to opt out of any class proceedings against Dorel.
Any reference made to “this Website” or “Dorel‘s Website” shall constitute reference to the Website found at the address www.dorel.com and all web pages beginning with the address www.dorel.com.
Any reference to information contained on this Website refers to all Content on the site, whether the information is directly or indirectly accessible or via download, whatever its form and without restriction.
The parties specifically agree that this Agreement be drafted in English. Les parties ont spécifiquement demandé que cette entente soit rédigée en anglais.