Terms and Conditions

For Clients of MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.)

1. Acceptance of the Terms of Use

1.1. The present terms of use govern the relations among the MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) and the users of the services made available on this site.
Each user is subject to the present conditions.
1.2. By registering and clicking on the icone "I accept ", the user acknowledges that he has read, understood and accepted the present conditions and that he intends to comply with them.

1.3. In case of non-compliance with the terms of use, MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) reserves the right, without any indemnity and without notice, to discontinue and/or refuse access in the future to all or part of the services made available on this site, without prejudice to the different causes of action at law or in contract which it could pursue.

2. Obligation to Register

2.1. Registration for the services offered on this site by MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) is free of charge and signifies the acceptance of the present terms of use.
2.2. In order to use the services offered by MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.), the user must complete the registration form. The user undertakes to furnish accurate and complete information and to update it as quickly as possible.
2.3. Once all the registration formalities have been completed, MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) will assign a personal password to the user enabling him to access the site and the services which it offers.
2.4. The password is strictly personal and confidential. The user undertakes not to divulge his password to any other party. The user is responsible, according to the present terms of use and the law, for the acts and schemes of any person using his password, even if without the users knowledge. The user undertakes to report any unauthorized use of his password to MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) as quickly as possible.
2.5. We record the information on pages viewed by all visitors to our website. These data include other Internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), the page that directed the visitor to the website or the last page visited before leaving the site, the type of platform used, date and time of the visit, the connection speed, time reading, display time and number of clicks. We use these data, together, to make a compilation of statistics and reports to improve the online experience and for a business utilization (newsletter, e-mailing, ...) .

3. Guaranties

3.1. You use and navigate on this site at your own risk and peril. You acknowledge and expressly accept the exclusive dispositions hereunder.
3.2. THE SERVICES AND ALL THAT YOU FIND ON THE PRESENT SITE ARE FURNISHED TO YOU "AS IS", IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

3.3. MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) DOES NOT GUARANTEE THAT THIS SITE AND THE SERVICES MADE AVAILABLE ON IT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
3.4. ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF THIS SITE OR THE SERVICES IT MAKES AVAILABLE ARE AT YOUR OWN RISK AND PERIL MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) assumes no liability for any damage or virus which could affect your computer equipment by reason of your use of access to or downloading of any material from this site.

4. Limitation of Liability

4.1. The user accepts to discharge, release, and hold harmless MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.), its affiliates, directory, agents and employees from all liability for any damages resulting from the use of its site.
4.2. Without limiting the extent of the other provisions of the present terms of use, the liability of MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.), if it were to be established, regardless of the cause or the nature of the action, can not exceed, all damages included, an amount equal to that paid by the user for the services offered by MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) on the present site.

4.3. Without limiting the extent of the other provisions of the present terms of use, MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) can not be held liable, be it in tort or in contract, for any damages arising out of a case of force majeure, events outside its control, or acts of third parties or of the victim of the damage. The user acknowledges that events outside the control of MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) include breakdowns and technical problems concerning hardware, software, computer programs and the Internet, including but not limited to interruptions, suspensions or termination of service. The user acknowledges that MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) can not be held liable for damages related to these problems.

5. Modification of Services

MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) reserves the right, without indemnity, notice and at any time, to modify or suspend, temporarily or permanently, all or a part of the services made available on the present site. The user acknowledges that MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) may not be held responsible for any possible damage in case of a modification or suspension of the services.

6. Intellectual Property Rights

6.1. The user acknowledges and agrees that the content of the site and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, computer programs, and designs are the property of MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) or its affiliated companies or are used with the authorization of the owners and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property right which exist under applicable law.

6.2. The user can in no case use the content of this site for any commercial purpose. Any other use, including the reproduction, modification, distribution, transmission or broadcasting of elements of this site, is strictly forbidden. No element of this site can be interpreted as granting a license or a right of use in relation to the marks or any other element present on this site.

7. Links

7.1. The present site may contains automatic links and hypertext links leading to other Internet sites MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) can not be considered as responsible for these sites and declines all responsibility in relation to their content, accuracy or functions.
7.2. The creation of any hyperlink to the present site is prohibited without the prior written consent of MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.).

8. Miscellaneous

8.1. The present conditions of use embodies the entire agreement concluded between MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) and the user concerning the use of this site and the services made available on it and replaces and annuls any prior agreement between them concerning this subject matter. 8.2. In the event that any provision of the present conditions of use is considered to be illegal by a law or regulation, existing or future, or by a court ruling, then that provision shall be considered as stricken, all other provisions of the terms of use maintaining full force and effect amongst the parties.

8.3. MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) reserves the right to modify the present terms of use without notice. The new clauses shall govern all the relations between MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) and the user.

9. Applicable Law and Forum

9.1. The present terms of use as well as the different relations between MAX SOLUTIONS/Horticolor (a division of MAX SOLUTIONS Inc.) and the users with respect to the site shall be governed by Canadian law.
9.2. In case of dispute or litigation, the parties accept to submit themselves to the exclusive jurisdiction of the competent court in Toronto, Canada.