Ownership of Website
All right, title and interest in the Website is owned by or licensed by Otéra Capital. The materials provided on the Website including, without limitation, all content, site design, text, graphics, images are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials is strictly prohibited.
Without limiting the general scope of the foregoing, the www.oteracapital.com domain name is the exclusive property of Otéra Capital and no appropriation of the domain name by hyperlinking, framing or registering related domain names shall be tolerated.
The firm names and logos of Otéra Capital used on the Website may be trade names or trademarks (including registered trademarks) thereof. Such firm names and logos of Otéra Capital may not be copied, imitated or used, in whole or in part, other than in compliance herewith.
Personal and Non-Commercial Use Limitation
UUnless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website without the express written consent of Otéra Capital, which consent shall be at Otéra Capital's sole discretion.
Modification of These Terms and Conditions of Use
Otéra Capital reserves the right to amend these Terms and Conditions at any time by posting the amended terms on the Website, which posting shall constitute notice to you. All amended terms shall be effective immediately upon such notice.
Disclaimer of Warranties
Your use of the Website and services available on or through the Website is at your own risk. The Website is provided on an "as is" and "as available" basis.
Otéra Capital, its affiliates, agents and licensors cannot and do not warrant that the Website will be uninterrupted, secured, error free, accurate, complete or current. Nor does Otéra Capital make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained, through the Website.
Any material and/or data uploaded, downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. Otéra Capital does not warrant or guarantee that such materials are free of viruses or other destructive code that may damage or infect your computer equipment or other property. You will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading such material and/or data.
You hereby acknowledge and agree that: (a) your application for an employment listing via the Website does not create an employer-employee relationship with Otéra Capital; and (b) Otéra Capital shall not be liable for any employment decisions that you make as a result of your reliance on any information posted on the Website.
Limitation of Liability
In no event shall Otéra Capital be liable for any direct, indirect, punitive, incidental, special, consequential or any damages whatsoever, including, without limitation, damages for loss of use, data or profit, arising out of or in any way connected with the use or performance of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Otéra Capital had been advised of the possibility of damages.
If you are dissatisfied with any portion of the Website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Otéra Capital that you will not use the Website for any purpose that is unlawful or prohibited by these Conditions.
You agree not to upload or otherwise transmit through the Website any unlawful, harassing, false, misleading, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.
You agree not to upload or otherwise transmit to or through the Website any material that: (a) infringes on any rights of third parties; and/or (b) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.
Links to Other Sites
The Website may contain links to other website ("Linked Sites") operated by parties other than Otéra Capital. Such Linked Sites are not under the control of Otéra Capital and Otéra Capital is not responsible for the contents of any Linked Site. Otéra Capital is providing you with a link to the Linked Sites as a convenience and the inclusion of any such link does not imply endorsement by Otéra Capital of the Linked Site or any association with its operators.
Any notices may be given to you by any means including, but not limited to: (a) email; (b) notices or messages posted on the Website; or (c) any other means by which you obtain notice thereof.
You agree to indemnify and hold Otéra Capital, its subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or your breach of these Terms of Conditions.
Either you or Otéra Capital may terminate this relationship with or without cause at any time.
You agree that Otéra Capital may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.
Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website.
Otéra Capital shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Applicable Law and Governing Law
You agree to comply with all applicable laws and regulations. These Conditions and all related transactions shall be governed by the laws of the Province of Quebec and the applicable laws of Canada. The parties hereby agree to the non-exclusive jurisdiction of the courts of the Province of Quebec and that all court proceedings and hearings will be in French or in English.
In case any of the provisions of these Conditions shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
The section headings used herein are for convenience of reference only and do not form part of these Conditions.
Benefit of the Agreement
These Terms and Conditions are binding upon and shall endure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without Otéra Capital's prior written consent, which consent shall be at Otéra Capital's sole discretion.
Use of Personal Information
Otéra Capital owns and operates the Website and is committed to protecting the privacy of its users. Otéra Capital does not collect personal information about individual users except: (a) when such personal information is provided to Otéra Capital on a voluntary basis; (b) to monitor traffic to the Website; (c) to determine the future direction of the Website including any necessary technical upgrades; and (d) to contact you regarding future services.
Personal information about users will not be sold or otherwise transferred to unaffiliated third parties without the user's approval except Otéra Capital reserves the right to disclose personal information: (a) to its affiliates, subsidiaries and third parties for purposes related to marketing the services offered by Otéra Capital, its affiliates and subsidiaries; and (b) if such disclosure is made pursuant to a legal proceeding or as required by law.
Otéra Capital reserves the right to contact you regarding matters relevant to your continued use of the Website and/or any information about you that is held by Otéra Capital. Otéra Capital further reserves the right to conduct statistical analyses through the use of data collected through the Website on an anonymous and aggregated basis in order to measure interest in and use of the Website. Otéra Capital reserves the right to provide its analyses based on such anonymous and aggregated data to third parties.
If you complete and submit a resume via e-mail from the Website, you hereby consent to the disclosure of your resume content to Otéra Capital personnel.
Otéra Capital will not monitor, edit, or deliberately disclose private communications unless: (a) required to do so by law; (b) you grant us permission; or (c) in the good faith belief that such action is necessary to comply with the law or with any legal process that is served on Otéra Capital or to protect and defend the rights or property of Otéra Capital. However, you acknowledge that: (aa) there are security and privacy limitations of the Internet which are beyond the control of Otéra Capital; (bb) the security, integrity and privacy of any and all information and data exchanged between you and Otéra Capital through the Website cannot be guaranteed; and (cc) any such information and data may be viewed or tampered with in transit by a third party.
At your request, Otéra Capital will: (a) provide reasonable access to your information that is in Otéra Capital's records; and (b) use reasonable efforts to allow you to update/correct personal information which you state is incorrect to the extent that the information has been maintained by Otéra Capital and if so, that such updating/correction will not compromise Otéra Capital's privacy or security interests, subject to the understanding that it may be impossible to completely delete your information without some residual information because of backups.
Contacting Otéra Capital
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