Terms of Service
Please read the following terms and conditions (“Terms”) carefully. They create a binding legal contract between you, your employees, agents, and contractors, and any other entity on whose behalf you accept these Terms (collectively, “You” or “Your”) and Americas Financial Group (GFA) Inc. and its affiliates (“GFA”, “we”, “us”, or “our”), governing Your use of our website, or other internet services under the control of GFA whether partial or otherwise, and related features, content, products, and services (collectively, “Services”). Among other things, these Terms describe Your responsibilities and limit our liability.
IF YOU DO NOT AGREE TO ALL THE FOLLOWING TERMS NOW OR IN THE FUTURE, DO NOT USE THE SERVICES IN ANY MANNER. BECAUSE OTHERWISE, BY ACCESSING THE SERVICES IN ANY WAY, YOU AGREE TO AND ARE BOUND BY THESE TERMS.
1. TERMS GENERALLY APPLICABLE TO THE SERVICES.
1.1. Eligibility. To be eligible to use the Services, You must, and You represent and warrant that You do, meet the following criteria: (a) are 18 years of age or older; (b) are not currently restricted from or otherwise prohibited from using the Services, (c) are not a competitor of or using the Services for reasons that are in competition with GFA; (d) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which You are a party; and (e) will not violate any rights of GFA, including intellectual property rights such as copyright or trademark rights.
1.2. Applicable Laws and this Agreement. You will comply with all applicable laws, ordinances, regulations, and these Terms.
1.3. Use of the Services. You will use the Services only to post, send, and receive content and materials that are proper. You will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any account, computer systems, or networks associated with the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
1.4. User Conduct. GFA does not screen or control users of its Services and, is not responsible for, and makes no representations or warranties with respect to any user or user conduct, though GFA has the right to monitor such information. You are solely responsible for Your interaction with or reliance on any user or user conduct.
1.5. Limited License. GFA grants You a limited, revocable, non-exclusive, non-assignable, non-sublicensable license, and right to (a) access and use the Services through a generally available web browser or mobile device (but not through scraping, spidering, crawling, or other technology or software used to access data without the express written consent of GFA); and (b) view information and use the Services that we provide in accordance with these Terms. Any other use of the Services is strictly prohibited. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.
1.6 Under these Terms, with regard to GFA, “affiliates” means a GFA controlling parent company and its affiliates, and any GFA affiliates, such as a subsidiary of GFA. In regard of any such affiliates, the required interest of one company in another, necessary to establish an affiliate relationship, is at the minimum equal to 10%.
2. YOUR SUBMISSIONS
2.1. Your Content. You are solely responsible for all content or information that You upload, post, or otherwise transmit via the Services.
3. MODIFICATION/TERMINATION OF TERMS AND/OR SERVICES
3.1. Modification of Terms and Services. GFA may update or change these Terms, and any other terms, conditions, and notices for the Services from time to time, and You are responsible for regularly reviewing these Terms from time to time. Continued access to or use of the Services after any such change will constitute Your consent to such change. Unless explicitly stated otherwise, any modifications to the Services will be subject to the Terms, as modified from time to time.
4. THIRD PARTY LINKS, FUNCTIONALITY, AND TRANSACTIONS
4.1. GFA or its users may provide a link to other sites, including for advertising and promotional purposes, by allowing the user to leave the Services to access third-party material or by bringing the third-party material into the Services via “inverse” hyperlinks and framing technology (each a “Linked Website”). GFA has no control over the content on a Linked Website and is not responsible for the operation of any Linked Website. GFA is offering these links to You as a convenience only, and the fact that GFA has provided or allowed a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.
4.2. Our Services may allow You to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions. We make no promises and disclaim all liability of specific results from the use of the Services.
5. GFA INTELLECTUAL PROPERTY
5.1. All materials, including without limitation, any software, training materials, or documentation, available through the Services and not provided by users of the Service are the property of GFA, affiliated companies and/or third-party licensors, and are protected by copyrights, trademarks, and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to GFA, or affiliated companies and/or third-party licensors. You cannot use our logo, trademarks, or any other intellectual property rights given notice of under these Terms, on the website, by way of the Services, or otherwise in any information or communication to You, without our written permission.
5.2. Except as expressly authorized in writing by GFA, You will not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of our content or content of others (including without limitation, text, images, photographs, video, audio, graphics, user interface, designs, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by You) in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software GFA discloses to You. You must not remove, alter, or obscure any copyright, patent, trademark, or other proprietary or restrictive notice or legend contained or included in any part of the Services, and You will reproduce and copy all such notices and legends on all copies of any part of the Services that You are permitted to make hereunder, if any. You may use the Services and the contents contained in the Services solely for Your own individual non-commercial and informational purposes. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Any rights not expressly granted herein are reserved.
6.1. You will indemnify, defend, and hold harmless the Released Parties (as defined below) from and against any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of Your content, Your Submissions, or Your use of the Services, including without limitation, Your use of any information You learn from Your use of the Services, and for Your breach of these Terms. You are solely responsible for any claims brought by a third party, including, for Your use of any information You learn from Your use of the Services.
7. DISCLAIMER OF WARRANTIES
7.1. IN ACCORDANCE WITH THE QUEBEC CIVIL CODE, YOUR ACCESS TO, USE OF, AND RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. THE RELEASED PARTIES (AS DEFINED BELOW) DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7.2. THE RELEASED PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY, LEGALITY, OR RELIABILITY OF ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE THROUGH THE SERVICES OR PROVIDED ON THE SERVICES BY ANY PARTY, OR (B) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED WEBSITES. THE RELEASED PARTIES FURTHER MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GFA, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8. LIMITATION OF LIABILITY
8.1. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY ACCESS TO, USE OF, OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES, OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO GFA OR CONTENT, INFORMATION, OR SERVICES ACCESSED OR OBTAINED THROUGH THE SERVICES. YOU ASSUME ALL RISK ASSOCIATED WITH DEALING WITH THIRD PARTIES. YOU WILL RESOLVE DISPUTES DIRECTLY WITH OTHER PARTIES. YOU RELEASE THE RELEASED PARTIES OF ALL CLAIMS, DEMANDS, AND DAMAGES IN DISPUTES AMONG USERS OF THE SERVICES. YOU WILL NOT TO INVOLVE US IN SUCH DISPUTES. PLEASE USE CAUTION AND COMMON SENSE WHEN USING THE SERVICES. “RELEASED PARTIES” INCLUDE GFA AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS.
8.2. THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY PARTY ON OR THROUGH SERVICES; (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.
8.3. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF GFA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $5 000 and GFA required legal costs to resolve any issues raised in this paragraph.
9.1. This Agreement will be governed by the laws of the Province of Quebec, and laws of Canada applicable therein, without regard to conflict of laws principles.
9.2 For more information or inquiries You may contact GFA at at firstname.lastname@example.org, or at:
Americas Financial Group (GFA) Inc.
1002-3030 boulevard Le Carrefour,
Laval, QC, H7T 2P5
9.3. The Effective Date of these Terms is 28 November 2022.