Acceptance of the Conditions of Use
The following conditions of use of the Site (“Conditions of Use”) govern your access and use as a visitor of this Site operated by Otéra, the CDPQ or one of its affiliates (hereinafter collectively, the "CDPQ Group").
If you have any questions regarding these Conditions of Use, you may contact the Privacy Officer at the following address [email protected], Otéra, or contact us at the following addresses.
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Montréal Office: |
Toronto Office: |
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE.
Term of the Conditions of Use
These Conditions of Use are valid from your first use of the Site and for as long as you use the Site (the "Term").
Intellectual Property
We remain at all times the exclusive owner of all rights, titles, and interests, including all intellectual property relating to the Site. Our intellectual property includes, without limitation, all content and design of the Site, all materials available on the Site, including text, graphics, firm names, logos, trademarks and images, as well as the domain name of the Site. The trademarks used on our Site and the domain name oteracapital.com are the property of the CDPQ Group. We hold a licence to use these trademarks; you may not display them without obtaining the appropriate licences from Otéra and the owner of the rights in the CDPQ Group. The content on the Site may not be modified, copied, broadcast, transmitted, displayed, executed, reproduced, published, assigned, transferred, or sold without the express written consent of Otéra, and such consent is at its sole discretion. Without limiting the general scope of the foregoing, the www.oteracapital.com domain name is the exclusive property of Otéra and no appropriation of the domain name through hyperlinks, framing, or registering related domain names shall be tolerated.
Your Obligations
You must comply with these rules in order to ensure the effective operation of our Site. The following conducts are considered abusive and in case of non-compliance, we reserve the right to suspend or terminate your access to the Site:
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to use the Site in a manner that violates applicable laws;
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to use any device, software, computer program or other tool, computing or not, to interfere or attempt to interfere with the effective operation of our Site;
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to attempt to decompile, hack, disable, interfere with or otherwise modify any of our content;
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to probe, analyze or test the vulnerability of the Site or any network connected to it, or to breach the security and authentication measures of the Site or any network connected to it;
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to use services to create, transmit, distribute, or store material that violates intellectual property, privacy, publicity or other personal rights or export control;
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to take any action that would impose an excessive or unreasonable burden on the infrastructure of our Site, our systems or networks;
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to encourage, assist, enable, incite, or authorize any third party to commit any of the abuses listed above.
Disclaimer of warranties
Your use of the Site and any services available on or through the Site is at your own risk. The Site is provided on an "as is" and "as available" basis.
Otéra, its affiliates, the CDPQ Group, its agents and licensors cannot and do not warrant that the Site will be uninterrupted, secured, error-free, accurate, complete, or up to date. Nor does Otéra make any warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site.
Any material or data uploaded, downloaded, or otherwise obtained through the use of the Site is done at your own discretion and risk. Otéra 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 Site does not create an employer-employee relationship with Otéra; and (b) Otéra shall not be liable for any employment decisions that you make as a result of your reliance on any information posted on the Site.
You hereby acknowledge and agree that nothing in these Conditions of Use constitutes a legal, tax or investment advice. It is your responsibility to consult with appropriate legal, tax and investment advisors when using the Site, in your sole discretion, as deemed necessary or appropriate in connection with your use of the Site.
Limitation of Liability
In no event shall Otéra be liable for any direct, indirect, punitive, incidental, special, consequential or any other damages, including, without limitation, any damages for loss of use of data or profits, arising out of or in any way connected with the use or performance of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Otéra had been advised of the possibility of damages.
If you are dissatisfied with any portion of the Site, or with any of these Conditions of use, your sole and exclusive remedy is to discontinue using the Site.
Links to other Sites
The Site may contain links to other sites ("Linked Sites") operated by third parties. These Linked Sites are not under the control of Otéra. References to Linked Sites are for information purposes only or for convenience. Third-party sites are not under our control, including their content and privacy or security practices. You are responsible for evaluating the suitability of your use of Linked Sites, including reviewing the conditions of use and privacy policies of the Linked Sites.
Indemnification
You agree to indemnify and hold Otéra, its affiliates, the CDPQ Group, directors, officers, employees, and agents harmless from and against any and all claims, liabilities, losses, and damages, including all reasonable legal fees and expenses, due to or arising out of your use of the Site or your breach of these Conditions of Use.
Termination
Either you or Otéra may terminate this relationship with or without cause at any time.
You agree that Otéra may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach of these Conditions of Use.
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 these Conditions of Use or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site.
Otéra shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Applicable Law
You agree to comply with all applicable laws and regulations. These Conditions of Use and all related transactions shall be governed by the laws of the province of Quebec and the applicable laws of Canada.
Severability
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 Conditions of Use shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
Successors and Assigns
These Conditions of Use shall be binding upon and 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’s prior written consent, which consent shall be at Otéra’s sole discretion.
Personal Information
The Site may collect two types of data, either (i) Personal information voluntarily and explicitly provided by the user or (ii) anonymous data collected automatically.
We collect, use, and disclose Personal information in accordance with our Notice of Information Respecting the Protection of Personal Information.
Security of the Site
Otéra employs commercially reasonable efforts to implement security measures that are consistent with the risks associated with the Site.
Cookies
Most browsers are set by default to accept cookies, but you always have the option to disable this feature and reset your browser to refuse cookies or to notify you when a cookie is being sent. However, if you decline cookies, your navigation in certain areas of the Site may be limited. For additional information, please consult our Notice on the Use of Cookies.
Amendments of the Conditions of Use
We reserve the right to amend these Conditions of Use in our sole discretion, including in order to comply with applicable laws. Whenever we modify these Conditions of Use, we will update the "Last Update" notice below. Any amendments will only affect you and your rights and obligations as of the effective date of such amendments.
Your continued use of the Site after such notice shall constitute: (a) an acknowledgement of the new amended Conditions of Use; and (b) an agreement to comply with the conditions and to be bound by them.
Appendix 1: Definitions
"Otéra", "we", "us" or "our" refers to Otéra Capital inc. and Otéra US inc.
"Privacy Officer" In connection with its activities, Otéra has designated a person responsible for the protec-tion of Personal information.
"Personal information" refers to information about individuals that can be used to identify them, such as their name, identification number, geolocation data, online username, or one or more factors specific to that individual’s physical, physiological, genetic, mental, economic, cultural, or social identity.
"Site" refers to Home | Otéra Capital.
