Welcome to THERON EV INC. website. Please read the following terms and conditions carefully before using this website (hereinafter referred to as the "Website", "Theron", "We", "Us" or "Our"). Use of the Website is conditional upon your acceptance without modification of the terms, conditions and notices contained herein (the "Terms”).
1.1 The Website allows you to view on your computer, print, download and use the text, video, audio and other content you access on our Website (the "Services"). End users of the Website will hereinafter be referred to as "You", "Your" or "Users".
1.2 Please read this entire Terms and Conditions carefully before accepting its Terms and using the Website. When You undertake any activity on the Website, You agree to accept these Terms and Conditions.
1.3 In using this Website, You are deemed to have read and agreed to the following Terms and Conditions set forth herein. Any incidental documents and links mentioned shall be accepted jointly with these Terms. You agree to use the Website only in strict interpretation and acceptance of these Terms, and any actions or commitments made without regard to these Terms shall be at Your own risk. By accessing this Website, you indicate your understanding, agreement and acceptance of THERON's limitation of liability in Section 8 and the entirety of the Terms and Conditions contained herein.
1.4 The Website is intended for use in Canada. Although it can be accessed, some elements of the Website may not be available to you when you are outside of Canada, as determined by Us in Our sole and absolute discretion.
1.1. You may use theWebsite and Services only in accordance with these Terms and all applicablelocal, state, national and international laws, rules and regulations.
1.2. All materials and elements of the Website arepresented for your personal use for non-commercial purposes. It is forbidden touse the elements and materials of the Website for commercial or advertisingpurposes without Our permission.
3.1. Where access to any Service requires a login ID, You will log in through your own account, not use the account of others and not interfere with or attempt to access our Services using any method other than the interface and instructions we provide.
3.2. You will use the Services provided by Our Website and its affiliates, for lawful purposes only and comply with all applicable laws and regulations while using the Website.
3.3. You agree to not post or transmit any information, Website, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
3.4. You will provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation Your details are found not to be true (wholly or partly), We have the right in Our sole discretion to reject the registration and debar You from using the Services of Our Website and/or other affiliated Website without prior intimation whatsoever.
3.5. Except as permitted by law, You agree not to modify the Website or any component part thereof, disassemble or decompile the Website or otherwise derive source code from the Website, reverse engineer the Website, merge the Website with or into another product or other Website, or create derivative works based on the Website.
3.6. You will use the Services and the Website without malicious intent and You agree not to violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
3.7. You agree not to make copies of the Website, in whole or in part, except for backup, archival purposes or to replace the original copy in the event that it is destroyed or becomes defective.
3.8. You agree not to copy, adapt, modify, delete or translate the written materials accompanying the Website in any way or for any purpose, or to include/attach any content to any product you create or distribute or to copy such content to your or any other website.
3.9. You agree that, although the Website and the content provide information regarding the products and services offered by THERON, no part of the Website or the content constitutes an offer for the sale of products or the provision of services, it being understood that any such sale or provision of products and services will be subject to a separate contractual agreement. No contractual terms or conditions communicated by you through the Website shall form part of the contract for the purchase or supply of products and services unless expressly incorporated therein.
4.1. THERON’s Website and other Websites, and the information and materials that it contains, are the property of THERON and/or its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. All Our product names and logos are trademarks or registered trademarks. Nothing contained on the Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any materials displayed on the Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with Our prior written consent. The User shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
4.2. Except as otherwise expressly granted to You in writing, We do not grant You any other express or implied right or license to the Services, Our content or Our intellectual property rights.
4.3. Subject to the limited rights expressly granted herein, We reserve all right, title and interest in and to the Website and the Services, including all related intellectual property rights. No rights are granted to the User in these Terms other than as expressly outlined in these Terms.
5.1. The User warrants and represents that all obligations narrated herein are legal, valid, binding and enforceable in law against the User.
5.2. The User undertakes that it shall, at all times, ensure compliance with all the requirements applicable to its business and for the purposes of these Terms including but not limited to intellectual property rights, value-added tax, excise and import duties, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities.
5.4. The User undertakes that using our Services does not give ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
5.5. The User undertakes to follow any policies made available within the Services.
6.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The opinions expressed or material appearing on these websites are not necessarily shared or endorsed by us and should not be considered as the publisher of such opinions or material. Please note that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites.
6.2. You should evaluate the security and reliability of any other site linked to or accessed through this site before disclosing any personal information to them. We will not accept any liability for any loss or damage, in any manner whatsoever, regardless of the cause, resulting from your disclosure of personal information to third parties.
6.3. You further acknowledge and agree that THERON shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
7.1. You expressly hereby accept the Website “as is” and “as available” and You release and waive all claims against THERON, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to Your use of the Website and Services. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You expressly waive and relinquish any and all rights and benefits which You may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
8.1. It is expressly agreed by the User that THERON shall under no circumstances be liable or responsible for any loss, injury or damage to the User or any other Party whomsoever, arising under these Terms and your use of the Website and Services.
8.2. The User agrees and acknowledges that it shall be solely liable for any claims, damages, or allegations arising out of the Services through the Website and shall hold THERON harmless and indemnified against all such claims and damages. Further, THERON shall not be liable for any claims or damages arising out of any negligence, misconduct, or misrepresentation by the User or any of its representatives.
8.3. THERON, under no circumstances shall be liable to the User for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of these Terms, regardless of the type of claim and even if the User has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss of business, unless such loss or damages is proven by the User to have been deliberately caused by THERON.
8.4. You hereby acknowledge and agree that the limitations contained in this clause are reasonable in light of all the circumstances.
10.1. We reserve, in our sole discretion and without liability, the right to cancel, terminate, restrict or suspend your access to the Service or delete your registered account and any information or user profile(s) associated with such account if we have reasonable grounds to believe that you have violated or will violate these Terms and/or any applicable law.
10.2. These Terms may be terminated by THERON if the User infringes the rights of third parties, including intellectual property rights.
10.3. These Terms may also be terminated without cause by THERON (30) days after notice to that effect has been posted on the Website.
10.4. Any such cancellation, termination, restriction, suspension or discontinuance shall be in addition to, and not in substitution for, any rights or remedies we may have under these Terms or any applicable law. For greater certainty, all indemnities, warranties and limitations of liability under these Terms shall survive any termination, cancellation, restriction, suspension or elimination.
10.5. In the event of termination/expiration of these Terms, THERON may withdraw and discontinue in whole or in part the Services provided to the User on its Website. THERON shall not be liable for any direct, indirect or consequential loss or damage suffered by the User as a result of the termination of the Terms or Services.
11.1. These Terms shall be construed and enforced in accordance with the laws of Québec without regard of its conflict of law provisions or the User’s state or country of residence. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec, excluding any other applicable jurisdiction, and waive any objection based on venue. We make no representation or warranty that the Service is appropriate or available for use in any location outside Canada.
11.2. The User submits to the exclusive jurisdiction of the courts of the district of Saint-Maurice - Secteur Shawinigan for the enforcement of these Conditions or of any award or arbitration decision arising from these Conditions.
12.1. Except as explicitly stated otherwise, any notices given to THERON shall be given by email to email@example.com or by mail at 702 Rue Notre Dame E, 25 C, Trois-Rivières, QC G8T 4H9. Any notices given to the User shall be to the email address provided by the User to THERON at the time of listing (or as such information may be updated via the Website by the User from time to time) or at the mailing address provided by the User to THERON.
13.1. THERON may at any time at its sole discretion modify these Terms from time to time, and any such changes will (i) be reflected on the Website, (ii) be effective thirty (30) calendar days after being so posted on the Website, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change.
13.2. The User agrees to be bound to any such changes and understands the importance of regularly reviewing these Terms as updated on the Website to keep the User’s listing and contact information current.
13.3. Notwithstanding anything to the contrary herein, THERON reserves the right to, at any time and from time to time, change, alter, modify, or discontinue the Website (or any part thereof) with or without notice. The User agrees that THERON shall have no liability to the User or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Website.
14.1. If it turns out that a particular paragraph or section of these Terms is not enforceable, this will not affect any other paragraphs or sections.
14.2. If You do not comply with these Terms, and that THERON does not act right away, the User acknowledges that THERON does not waive any rights or actions it may have.
15.1. For any further clarification of Our Terms and Conditions, please write to Us at firstname.lastname@example.org or by mail at 702 Rue Notre Dame E, 25 C, Trois-Rivières, QC G8T 4H9.
September, 19, 2023