TERMS OF USE

Thank you for visiting the Cavalia website. Make sure that you become thoroughly familiar with the general conditions for using the website and with our Privacy Policy. The purpose of these conditions is to define the terms for making services available to users and the terms for using the website. Any access to or use of the website www.cavalia.net constitutes an unconditional acceptance of and an undertaking to comply with all these conditions by the user. A user who does not wish to accept, in whole or in part, the present general conditions is asked to immediately cease all use of the Cavalia website. The user agrees generally to comply with all applicable regulations in force in any country from which the Cavalia website is accessed.

DEFINITIONS

User: A user is any person who uses the Cavalia website or one of the services offered on the Cavalia website.

WEBSITE ACCESS

All expenses associated with accessing the Cavalia website, whether they are related to hardware, software or Internet access, are assumed solely by the user. Users alone are responsible for ensuring that their computer equipment is in proper working order and that they have Internet access. Cavalia reserves the right to refuse access to the Cavalia website, unilaterally and without prior notice, to any user not complying with these conditions. Cavalia shall use all reasonable means to ensure quality access to the Cavalia website, but is not required to achieve this and may not be held liable in that regard. Moreover, Cavalia may not be held liable for any network or server breakdown or for any other situation beyond its control that would prevent or interfere with access to the Cavalia website. Cavalia reserves the right to interrupt, temporarily suspend or modify without prior notice access, in whole or in part, to the Cavalia website, for maintenance work or for any other purpose, without this interruption conferring any obligation or compensation whatsoever.

CONTENT

The Cavalia website contains information, including but not limited to reports, data, job offers, promotional offers, press releases, photos, graphs, texts, images, logos, icons, concepts, software, audio and visual resources, trademarks, material protected by copyright or any other intellectual property right, as well as other material (referred to collectively as “Content”) belonging to Cavalia, to its affiliates or to third parties that may occasionally associate themselves with Cavalia to present shows or other activities. Nothing in the content of the website shall be interpreted as granting the user a license or a right of usage of any logo, drawing, trademark or other content proprietary to Cavalia

INTELLECTUAL PROPERTY

This website and its entire content is protected by copyright as a composite work and/or compilation under Canadian and foreign legislations. The user undertakes to respect all other copyright notices, information or restrictions on the website or in the content to which it may access through the website.

LIMITS OF LIABILITY

THE WEBSITE, THE FUNCTIONALITIES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE USER NAVIGATES AND USES THE WEBSITE AND THE FUNCTIONALITIES AT ITS OWN RISKS. CAVALIA MAKES NO REPRESENTATION AND GIVES NOT WARRANTY AS TO THE WEBSITE, ITS FUNCTIONALITIES AND ITS CONTENT, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO I) THE CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR TO NON-VIOLATION OF INTELLECTUAL PROPERTY RIGHTS; II) AS TO THE SECURE, UNINTERRUPTED AND ERROR-FREE FUNCTIONNING OF THE WEBSITE AND THE FUNCTIONALITIES OF THE WEBSITE; III) AS TO THE FACT THAT THE USE OF THE WEBSITE AND ITS FUNCTIONALITIES WILL SATISFY THE NEEDS OF THE USER AND ITS EXPECTATIONS; IV) AS TO THE ACCURACY, EXHAUSTIVITY, RELIABILITY OR PERTINENCE OF THE WEBSITE, ITS FUNCTIONALITIES AND ITS CONTENT; V) AS TO THE CORRECTION OF DEFAULTS OR ERRORS IN THE WEBSITE AND ITS FUNCTIONALITIES; VI) AS TO THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS IN THE WEBSITE AND ITS FUNCTIONALITIES; AND VII) AS TO THE SECURE AND UNINTERRUPTED TRANSMISSION OF COMMUNICATIONS THROUGH THE WEBSITE OR ITS FUNCTIONALITIES. CAVALIA, ITS AFFILIATES AND THEIR DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS MAY IN NO CIRCUMSTANCES BE HELD LIABLE FOR DAMAGES OF EVERY NATURE, INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OR THE PERFORMANCES OF THE WEBSITE, ITS FUNCTIONALITIES OR THE CONTENT OF THE WEBSITE OR OF ANY OTHER WEBSITE TO WHICH THE USER MAY ACCESS THROUGH THE CAVALIA WEBSITE, EVEN THOUGH THEY KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. CAVALIA, ITS AFFILIATES AND THEIR DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DECLINE ANY RESPONSIBILITY FOR ACT, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE AND ITS FUNCTIONALITIES AND OF ANY ADVERTISER OR SPONSOR OF THE WEBSITE (THE “THIRD-PARTY USER”) AND MAY IN NO CASE BE HELD LIABLE FOR DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) OR FEES RESULTING IN ANY MANNER FROM I) ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY USER; AND II) THE USE OR INCAPACITY TO USE ANYTHING, INCLUDING A PROGRAM, CONTENT, GOODS OR SERVICES OF A SITE OR OFFERED THROUGH A SITE LINKED TO THE CAVALIA WEBSITE.

HYPERTEXT LINKS

Cavalia offers hypertext links to websites edited or managed by third parties. Since no control is exercised over these external resources, the user acknowledges that Cavalia is in no way responsible for placing these resources at the disposal of the user and may not be held liable for their content.

FORCE MAJEURE

Cavalia cannot be held liable in the event of force majeure or facts beyond its control.

AMENDMENTS TO THIS CONTRACT

Cavalia reserves the right to amend the present terms of use at any time and at its entire discretion. It is therefore recommended that the user regularly consult the latest version of the Terms of Use, available on the website www.cavalia.net.

DURATION AND TERMINATION

This contract is concluded for an indeterminate duration effective from the date on which the user begins to use the Cavalia website

APPLICABLE LAW AND JURISDICTION

The legal rules that apply to data content on the Cavalia website as well as data transmission to and from the Cavalia website are determined by Canadian and Quebec legislation. Accordingly, any dispute arising between a user and Cavalia shall be governed by the laws of the province of Quebec and of Canada, without consideration for Canadian legal provisions governing conflicts between laws. Furthermore, in the event of a dispute or proceeding arising from or associated with the use of the website, the user agrees to accept the exclusive jurisdiction of the courts of the province of Quebec.