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Terms of use

Welcome to the website www.mdgfog.com (the "Website") of MDG Fog Generators (hereinafter "MDG", "we", "our", and "us"). These terms of use (the "Terms of Use") aim to establish the general conditions under which a user ("you") can browse, access, and view the content published on the Website. Your browsing or use of the Website confirms your acceptance of the Terms of Use as well as the Privacy Policy; please read them carefully. If you do not accept all the terms of these Terms of Use or those provided in the Privacy Policy, we ask you to immediately leave the Website. If you wish to obtain MDG services, please contact us via the Contact page (Contactez-nous | mdgfog.com).

1. Changes to the Terms of Use

Subject to applicable laws, we reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our Website. It is your responsibility to regularly visit the Terms of Use to check for any changes.

2. Accuracy, Completeness, and Timeliness of Information

MDG strives to ensure that the information on this Website is up-to-date, complete, and free of inaccuracies or errors. Despite our efforts and attention, errors may occur on some pages of our Website. We are not responsible if the information available on this Website is not accurate, complete, or current. The information on this Website is provided for informational purposes only, and if you choose to rely on this content, you do so at your own risk.

3. Hyperlinks and Third-Party Tools

Some hyperlinks on this Website provide access to one or more external websites owned by third parties. These hyperlinks are provided for informational and convenience purposes only. Some tools on our Website may also be provided by third parties. We do not evaluate the content or accuracy of these websites or tools, and we do not guarantee or assume any responsibility for any content, website, product, service, or other element accessible from these third-party sites or tools. The presence of third-party tools or hyperlinks to external websites in the content of this Website should not be interpreted as an endorsement by MDG or as indicating an association or joint venture with the company operating or owning such external website or third-party tool.

4. Intellectual Property Rights

The entire content of the Website, including but not limited to text, slogans, graphics, images, photographs, drawings, audio or video files, software, artistic or graphic elements, algorithms, names, logos, trademarks, and other content, is the property of MDG. You may print pages from this Website for your domestic, private, and non-commercial use, provided that copyright notes and elements protected by intellectual property rights remain unchanged and these Terms of Use are respected, including compliance with laws governing intellectual property rights. You are not authorized to reproduce, print, archive, republish, modify, download, sell, or otherwise copy the content of this Website or any of its elements, in whole or in part, on any medium or format, invented or to be invented, for any other reason or for publication, dissemination, or sale without prior written permission from MDG. No element, excerpt, quote, passage, or text on this Website should be interpreted as constituting or creating a license or any right to use or reproduce any element of this Website. Be advised that MDG intends to enforce its intellectual property rights.

It is prohibited at all times to modify, in any way, trademarks, logos, or slogans, as well as texts, titles, graphics, tables, images, photographs, portraits, descriptions, symbols, drawings, or other artistic works appearing on this Website. The content of this Website is protected by copyright, trademark rights, and other applicable intellectual property rights. All rights are reserved.

5. Prohibited Uses

You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to incite others to perform or participate in any unlawful acts; (c) to violate any regional regulations or any international, federal, provincial, or state laws, rules, or regulations; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate anyone based on grounds of discrimination protected by the Charter of Human Rights and Freedoms; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will compromise the functionality or operation of the Website or of the Internet; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or (j) to breach or circumvent the security features of our Website or the Internet.

Automated downloading and the use of computer bots, including web bots, is prohibited for any purpose in connection with the Website. Additionally, using images and any other content appearing on the Website to entail or train artificial intelligence algorithms is prohibited. It is also prohibited to use images or any other content appearing on the Website to generate new images or other content via such algorithms.

We reserve the right to suspend or otherwise prevent your use of our Website in the event of non-compliance with these Terms of Use or any of our policies.

6. Limitation of Liability

We do not guarantee or claim in any way that your use of our Website will be uninterrupted or error-free. You expressly agree that your use of the Website, or your inability to use it, is at your sole risk. The Website is provided "as is" and "as available" for your use, without representations, warranties, or conditions of any kind, either express or implied, including all implied commercialization warranties, merchantability, adaptation to a particular purpose, durability, title, and non-infringement. You further agree that from time to time we may remove all or part of the Website for indefinite or permanent periods of time without prior notice to you. Consequently, MDG and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, and service providers assume no responsibility for any damage or injury, loss, or claim, including any business interruption, loss of profit, loss of software, data, or program (including legal fees and attorney fees), arising directly or indirectly from access to or use of this Website or the inability to access it. This limitation of liability applies to the fullest extent permitted by law.

7. Indemnification

You agree that any breach or violation of these Terms of Use or any other MDG policy will result in an obligation on your part to indemnify MDG, as well as its directors, officers, employees, agents, representatives, and other respective representatives, for any direct, indirect, or consequential damage, including any business interruption, loss of profit, loss of software, data, or program (including legal fees and attorney fees), caused by or resulting from such breach or violation.

8. Interpretation

If any provision of the Terms of Use is deemed illegal or invalid, that provision may nevertheless be enforced to the fullest extent permitted by law. Each provision of the Terms of Use is independent and distinct, and if one provision is deemed illegal or invalid in one jurisdiction, this does not invalidate that provision in other jurisdictions or invalidate other provisions of the Terms of Use. Any failure or delay on our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of that right or provision. In the event of a discrepancy between the different language versions of the Terms of Use, the French version shall prevail.

9. Governing Law

The Terms of Use, their application, and interpretation are governed exclusively by the laws in force in the province of Quebec. Exclusive jurisdiction is granted to the competent courts of the judicial district of Montreal. You hereby explicitly and irrevocably waive any objection based on lack of territorial jurisdiction or any request based on the notion of forum non conveniens.

10. Company and Legal Notice

The Website and its content are the exclusive property of:

MDG FOG GENERATORS LTD

You can reach the company's customer service for any questions or comments, either via the contact page (Contactez-nous | mdgfog.com) or at the following address:

10301 avenue Pelletier
Montreal, Quebec H1H 3R2
Canada

Phone: +1 514 272 6040

11. Update

These Terms of Use were updated on 03/07/2024.