This is a service contract (hereinafter referred to as the "Agreement") between you and Memento, which stipulates the terms and conditions applicable to your use of warning and recall services in a number of ways ( Hereinafter referred to as "Services") of Memento as described on Memento's website at mmnto.ca/fr/ in French and mmnto.ca/en/ in English (hereinafter referred to as the "Website").
By subscribing to Memento's Services you acknowledge that YOU ACCEPT THIS AGREEMENT AND BY USING OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS INSIDE THIS AGREEMENT AND THEREFORE YOU AGREE TO COMPLY WITH ALL ITS CONTENT.
Memento reserves the right to modify this Agreement at any time in its sole discretion and to determine whether and when such changes will apply to future users or customers or to existing users or customers. All changes will be posted on the Website and will take effect upon posting of such revisions. Memento will post a notice of such changes on the Website for thirty (30) days. It is your responsibility to regularly review the content of the site to review such changes. By continuing to use Memento's Services after Memento displays the changes, you signify your acceptance of these changes. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT SUBSCRIBE TO ANY SERVICE OFFERED BY Memento. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF ANY MODIFICATION, YOU MUST CANCEL ALL YOUR REGISTRATION TO ALL SERVICES OFFERED BY Memento.
1. Project subject
Services covered by this Agreement are provided for a specified period of time. The User may, at any time, terminate this Agreement by using the "Cancel this subscription" option in user profile page on the Website. Any notice of cancellation will come into effect immediately upon its receipt by the Website’s server. Memento reserves the right to interrupt any of its Services at any time. In such a case, the user can not claim the continuation of this type of service.
Memento reserves the right to include a Sponsor’s name within all of its Services. Memento reserves the right to send advertising to users by any type of communication support.
These sponsors and advertisements generates revenue, and its through his advertising program and his sponsorship program that Memento is able to guarantee Free Services for all users for the duration of their Services Agreement.
The user can not claim Services from Memento without Sponsor and/or without advertising.
1.4 Termination Policy
The Agreement shall terminate immediately upon cancellation of all your subscriptions to Memento's Services. Memento reserves the right to cancel your services at any time.
1.5 Renewal of Services
Once registered, the Services continue as long as there is no cancellation of registration by either party.
Upon cancellation of all registrations to Memento's Services, the user can re-register through the Website and this Agreement will apply again to both party.
1.6 Responsibilities and obligations in the event of termination of the subscription contract
If the Contract shall expire or be terminated for any reason whatsoever, Memento shall not assume any liability to you in connection with such expiration or termination, whether in the form of compensation, reimbursement or attributable damages Loss of anticipated profits, anticipated sales, goodwill, or charges, investments, rents or commitments associated with you, or for any other reason whatsoever resulting from such termination or expiration. Memento will not be responsible for notifying any third party of the termination of your account or for providing assistance in connection with the termination. Without limiting in any way the generality of the foregoing, Memento shall not be obligated to send any email, data, information or other content relating to your use of the Services and you Agree that Memento may immediately remove such e-mail, data, information and content.
1.7 Responsibilities and Obligations in Case of Dysfunction
In the event of any malfunction of the Service, Memento shall not assume any liability to you in connection with this malfunction, whether in the form of compensation, refund or damage attributable to loss of anticipated profits, sales Fees, investments, rents, or commitments associated with you, or for any other reason whatsoever arising from the said dysfunction. Memento will not be responsible for notifying any third party of the malfunction of its Services or for providing assistance in connection with the malfunction. Without limiting in any way the generality of the foregoing, Memento shall not be obligated to send any email, data, information or other content relating to your use of the Services and you Agree that Memento may immediately remove such e-mail, data, information and content.
All Memento Services are free of charge. On the other hand, if your mobile phone service provider or your Internet provider were to charge you any amount as a result of receiving a message from Memento by any form of communication support, Memento considers that these amounts are at user's expense. The user agrees to never claim any amount of money from Memento.
2. Use of services
2.1 Responsibility for Use
You are solely responsible and liable for all activities arising out of your use of the Services including, but not limited to, the activities of all users authorized by you or using the device associated with the cellphone number associated with your account In Memento's system.
2.2 Applicable policies
Hereby, you agree that your personal information is subject to collection, use and disclosure from Memento and its representatives (previous collection or future) for the purpose of offering the best service whatsoever. Your personal information will never be shared with sponsors nor advertisers.
3. Exclusion and limitation of liability
3.1 Exclusion of Liability
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT MONMEMENTO, ITS AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS AND DISTRIBUTORS (COLLECTIVELY NAMED "ENTITIES MONMEMENTO" AND EACH, INDIVIDUALLY NAMED "ENTITY MONMEMENTO") BEAR THE RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE OR FOR ANY OTHER DAMAGE OR LOSS WHATSOEVER, INCLUDING BUT NOT LIMITED AS DAMAGE FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, REVENUE, USE OF INFORMATION AND OF OR RESULTING DIRECTLY OR INDIRECTLY RELATED TO THIS AGREEMENT OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE ENTITIES MONMEMENTO NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS , INCLUDING DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, ERRORS, OMISSIONS, NON-DELIVERY, MISDELIVERIES, VIRUSES OR DEFECTS IN THE TRANSMISSION OF INFORMATION, MATERIALS OR DATA THROUGH SYSTEMS OR NETWORKS OR THIRD PARTIES.
3.2 Interruption of Service
You hereby acknowledge and agree that Memento and its suppliers assume no responsibility for any temporary delays, interruptions or interruptions of the Services. In addition, Memento shall not be liable for any delay or failure to perform its obligations under this Agreement, if such delays or defects result from unforeseeable events or other causes beyond its reasonable control ( Including any mechanical, electronic, communications or third-party vendor failure).
4. General Provisions
4.1 Indivisible agreement
This Agreement, including all documents, Websites, rules, conditions and policies to which it refers, constitutes the entire agreement between you and Memento with respect to the matters referred to in this Agreement; They shall take precedence over all prior or contemporaneous agreements or agreements, whether in electronic, verbal or written form, that may exist between you and Memento in relation to such matters.
4.2 No waiver
The fact that Memento has not insisted upon or demanded compliance with any of the provisions of this Agreement shall not be construed as a waiver of any provision or of any provision of this Agreement. Neither the conduct or business practices between you and Memento shall be such as to alter any provision of this Agreement.
Should any part of this Agreement be found to be invalid or unenforceable, it shall be construed in accordance with applicable law so as to reflect as fully as possible the intent of the provision originally agreed between you and Memento, Other parts of the Contract would then remain in full force and effect.
4.4 Choice of Applicable Law
This Agreement shall be interpreted and governed by the laws of the Province of Quebec, Canada. You hereby irrevocably acknowledge the exclusive jurisdiction of the courts of the Province of Quebec and of the federal courts located in Québec with respect to any dispute arising under this Agreement. It is prohibited to use the Services in any jurisdiction that does not give effect to all provisions of this Agreement, including but not limited to this Section.
4.5 Limitation period
Any cause of action you may have in connection with this Agreement or with Memento's services shall be the subject of a proceeding initiated within a period of one year following the occurrence of the cause of action, Action or claim, failing which the cause shall be prescribed.
4.6 Successor Websites
All references to Memento website addresses contained in this Agreement shall also include all successor or replacement Websites containing information substantially similar to that of the referenced Websites.
Memento may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
This Agreement will benefit you and Memento and our respective personal and legal representatives, successors and assigns, while binding all such parties.
4.9 Multiple Jurisdiction Rights
The rights, powers and remedies of Memento under this Agreement, including, without limitation, the right to suspend, restrict and terminate the Services, are cumulative and in addition to substituting for any other right, power or remedy available to Memento under the law or in equity.
All provisions, including, but not limited to, disclaimers and limitations and exclusions of liability contained herein, the meaning of which is intended to be in effect beyond the termination or expiration of this Agreement, shall survive the termination Of this Agreement.
4.11 Independent Contractors
You acknowledge that there is no joint venture, partnership, employment or agency relationship between Memento and you as a result of this Agreement or the use of the Services.
The headings in the sections of this Agreement are of no practical value and have no legal or contractual effect.