Terms of use
Welcome to the RQRA Website: RQRA : Regroupement Québécois des Résidences pour ainés !
These Terms of Use (the “Terms”) are a legally binding agreement between you and RQRA (the “Parties”), governing your access to and use of the website and the services offered on it (the “Website”). This agreement becomes effective as soon as you access the Website and remains in effect until either Party terminates it in accordance with these Terms or any other agreement you may have entered into with us, if applicable. By accessing or using the Website, you acknowledge that you have read and understood these Terms and agree to be legally bound by them, as well as by our Privacy Policy and our Cookie Policy (collectively, the “Agreement”), and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to access or use the Website or the services offered on it.
In these Terms, the words “Organization Name,” “we,” “us,” and “our” refer to RQRA, including its representatives, directors, and employees, with whom you are entering into this Agreement. The terms “you” or “your” refer to the person accessing or using the Website, whether as a visitor or user. If you are entering into this Agreement on behalf of a legal entity, you represent that you have the authority to bind that entity to this Agreement, in which case “you” or “your” refers to that entity.
1. Privacy Policy
Our Privacy Policy (https://www.rqra.qc.ca/privacy-policy), which outlines our practices regarding the processing of personal information (the “Privacy Policy”), is incorporated by reference and forms an integral part of this Agreement.
2. Modifications
By accessing or using the Website, you acknowledge and agree that these Terms of Use may be modified as outlined below, and you are encouraged to review them regularly.
We reserve the right to update and modify the Terms of Use at any time without prior notice. In the event of a modification, we will publish the updated version of the Terms of Use on our Website and update the version number and the date of the last revision at the bottom of the document. We therefore encourage you to consult our Terms of Use whenever you visit the Website to stay informed of any timely updates. If you do not agree with the updated Terms of Use, we invite you to stop using our Website. Continued use or access of our Website after the updated Terms of Use have been published constitutes acceptance of those updated Terms.
3. Content
For the purposes of these Terms, “Content” refers to all materials and content made available to users on the Website, including notices, guidelines, communications, text, RSS feeds, graphics, images, illustrations, audiovisual works, multimedia elements, photographs, videos, music, sound recordings, policies, documents, software, information, data, and any other works, including the way such Content is presented.
Third-Party Content — Content viewed or available on the Website or via the Internet may belong to third parties (“Third-Party Content”) and may be protected by intellectual property rights, including copyrights, trademarks, or other proprietary rights and laws. Nothing in your use of the Website or in these Terms of Use grants you any right, title, or interest in such Third-Party Content, except for the right to use the Website as granted under these Terms.
Third-Party Websites — The Website may contain links to Third-Party Content available on independent third-party websites (“Third-Party Websites”). These links are provided for informational purposes only. The Organization is not responsible for Third-Party Content or the quality, security, availability, completeness, accuracy, legal compliance, or policies or practices of these Third-Party Websites. We do not endorse Third-Party Websites and make no representations regarding them or their content. If you choose to access a Third-Party Website linked from our Website, you do so at your own risk.
4. Intellectual Property and Other Proprietary Rights
Organization Content — Unless expressly stated otherwise, all rights, titles, and interests related to the Website and all content, URLs, domain names, source code, processes, trademarks, trade names, logos, product and service names, works or other elements subject to copyright (registered or not), recognized under applicable laws, including (a) any improvements or modifications to any of the above, (b) any registration or renewal applications, and (c) licenses and sublicenses for third-party intellectual property (collectively, “Organization Content”), as well as all derivative works, translations, and updates of the Organization Content, are the exclusive property of the Organization and are protected by copyright, trademark, or other proprietary rights and laws. All rights not expressly granted herein are reserved by the Organization.
License — Subject to your compliance with these Terms of Use and any other agreement between you and us, the Organization grants you a limited, non-exclusive, non-transferable, revocable, and royalty-free license to access and use the Website and its Content for personal use only, for the duration of this Agreement. Nothing in this Agreement grants you any right, title, or interest in the Organization Content, except for the limited right to access and/or use the Website in accordance with these Terms of Use. You are prohibited from copying, modifying, disassembling, reproducing, adapting, selling, reselling, compiling, or extracting any Content, in whole or in part, by any means and on any existing or future medium, including translating the Content into any other language, except as expressly permitted by these Terms of Use. Any other use of the Organization Content is strictly prohibited and constitutes a violation of Canadian intellectual property laws or other applicable proprietary rights and laws. The Organization will enforce its intellectual property rights to the fullest extent permitted by law.
5. Acceptable Use Policy
Acceptable Use — You must use the Website and its Content only for lawful purposes and in accordance with the rules set out in this section. If at any time you become aware of a violation of these Terms of Use by any person or entity, you agree to notify us immediately so that we may investigate and, if necessary, stop or remedy the violation.
Prohibited Uses — Without limiting the generality of the restrictions outlined below, you agree not to do or permit, directly or indirectly, any of the following actions in connection with the Website:
(i) Publish, upload, translate, use, post, reproduce, distribute, or otherwise transmit any Content that:
- Is defamatory, infringing, or illegal;
- Is inappropriate, profane, degrading, obscene, indecent, or contains information lacking appropriate or legally required access controls (which shall in no case be our responsibility);;
- Gives rise to civil liability or infringes our rights or assists others in infringing our rights or the rights of third parties, including copyright infringement, invasion of privacy, trademark infringement, or defamation;
- Constitutes threats, harassment, intimidation, abuse, or any conduct that violates the rights of others;
- Constitutes a criminal offense or assists others in committing a criminal offense;
- Contains a virus, ransomware, Trojan horse, worm, spyware, or any other malicious program or software, including web scraping tools;.
- Constitutes unauthorized or unsolicited commercial communications, bulk communications, or other “spam” (whether or not using email services, instant messaging, blogs, or comment spam), or is otherwise massive or unsolicited.
(ii) Disrupt, disable, or threaten the integrity, operation, or security of the Website;
(iii) Probe, scan, or test the vulnerability of the Website or breach its security measures;
(iv) Disable or bypass any access control measures, processes, or procedures related to the Website;
(v) Sublicense, share, resell, reproduce, copy, distribute, redistribute, or commercially exploit any part, use, or access to the Website without our prior express authorization;
(vi) Extract, gather, collect, or store personal information of third parties without their explicit consent.
Remedies — Without limiting any other rights we may have and subject to any agreement between you and us, the Organization may, without notice, suspend, restrict, or terminate your access to and use of the Website and take any other action we deem appropriate if, in our sole and absolute discretion, we determine or believe that you have violated any provision of these Terms of Use.
6. Disclaimer of Warranties
Use of the Website and its Content is provided without any warranties or representations of any kind, including regarding connectivity, performance, operation, availability, reliability, timeliness, security, quality, capability, or accuracy of the Website and its Content. The Organization shall not be held liable for delays, interruptions, accidental failures, service outages, or other issues inherent to the use of the Internet, electronic communications, telecommunications networks, or other systems or networks operated by third parties or beyond our reasonable control. The Organization expressly disclaims all conditions, warranties, and representations, whether express, implied, statutory, or otherwise.
7. Limitation of Liability
To the maximum extent permitted by applicable law, neither the Organization nor any other party involved in the creation, production, or delivery of the Website or any Content shall be liable for any damages of any kind, including actual, indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, data, goodwill, service interruptions, computer damage, or system failures, arising out of or related to (i) these Terms of Use and your use or inability to access or use the Website, its Content, and the services offered, even if the Organization has been advised of the possibility of such damages.
These limitations of liability and damages are fundamental elements of the agreement between you and the Organization. If applicable law does not allow one or more of the limitations stated in these Terms of Use, some of the above limitations may not apply to you.
8. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Organization from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fees, or charges (including all reasonable legal and accounting fees) arising out of or related to: (i) your violation of these Terms of Use, (ii) any breach or misconduct resulting from your use of the Website and its Content, or (iii) your violation of any law, regulation, or third-party rights, such as intellectual property or privacy rights, except as expressly authorized under these Terms.
The Organization reserves the right, at its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You also agree to fully and reasonably cooperate in the defense of any such claim, if applicable.
9. Governing Law
This agreement and the other policies available on the Website shall be governed by and interpreted in accordance with the laws of the Province of Quebec. All disputes, claims, and legal proceedings arising out of or related to these Terms of Use shall be resolved or adjudicated in Quebec, Canada. You submit to and accept the exclusive jurisdiction of the courts of the Province of Quebec and the federal courts located in Quebec.
10. Contact us
Any questions or comments regarding the Terms of Use, the Website, or our services, including reports of broken links, must be submitted in writing to the following address: info@rqra.qc.ca
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