When the visitor decides to use CDPQ Infra's website (hereinafter the "Site"), he accepts all the terms and conditions set out below that govern the Site's content and application, including, without limitation, the Personal Information Protection Policy (hereinafter collectively the "Conditions").
The visitor agrees and acknowledges that CDPQ Infra reserves the right, at any time, to amend, change or update the Conditions and the visitor agrees to be bound by such amendments, changes or updates. The visitor's use of the Site after any such amendment constitutes his agreement to comply with the Conditions thus amended and to be bound by them. It is the visitor's responsibility to take note of any amendments made to the Conditions. If the visitor does not accept these Conditions or, as the case may be, the Conditions as amended from time to time, he should not use the Site.
Rights of ownership
Unless indicated otherwise, the entire content of the Site, in particular, all texts, data, charts, photographs and images, software and all trademarks, brands and trade names used on the Site as well as their selection and array and the domain name cdpqinfra.com (hereinafter collectively the "Content"), are subject to intellectual property rights, including, in particular, copyrights, trademarks and patents held directly or indirectly by CDPQ Infra, or granted or licensed to it. Except as expressly set out herein, the visitor is not licensed to use or reproduce the Content and all intellectual property rights in this respect are expressly reserved. Without limiting the generality of the foregoing, no appropriation of the Content by hyperlinking, framing or registering related domain names shall be tolerated.
The names and logos of CDPQ Infra used on this Site may be trade names or trademarks (including registered trademarks) thereof. Such names and logos of CDPQ Infra may not be copied, imitated or used, in whole or in part, other than in compliance herewith.
The visitor acknowledges and agrees that any unauthorized downloading, retransmission, copy or modification of the trademarks, images, texts or data contained on the Site may breach federal or provincial laws and, in particular, all laws pertaining to trademarks, industrial designs or copyrights and may expose the visitor to legal proceedings. Save for the particular needs to surf the Internet and unless indicated otherwise, it is strictly forbidden to copy, publish, distribute, reproduce, republish, store on any medium, retransmit, display, modify, create works derived from all or part of the Content or the Site, to sell or participate in the sale of all or part of the Content or Site, exploit all or part of the Content or Site in any way or make any public or commercial use thereof in any form whatsoever. Without limiting the generality of the foregoing, the visitor may not print or copy the HTML code or any other software program that may be viewed on the Site.
The visitor is given limited right to download and print copies of texts available on the Site for non-commercial or internal purposes but any copy or reproduction of a document available on the Site shall display all Content copyright notices or other proprietary notices and the visitor may not modify the Content in any way. Any other use of the Content is strictly forbidden.
Access to Hyperlinks
The Site contains links that enable the visitor to connect to sites operated by third parties (hereinafter the "Hyperlinks"). Hyperlinks are made available to the visitor for his ease of use and to provide him with a more spontaneous and friendly surfing experience. The existence of a Hyperlink is, by no means, an implicit or explicit contact to the site concerned, to its content or to other sites connected to it and CDPQ Infra cannot be held liable for their content. CDPQ Infra does not make any express or implicit representation or warranty to the visitor regarding products or services provided by third parties even though such information, products or services are referred to, included on or accessible from the Site or linked to it.
CDPQ Infra is, at all times, free to add, delete or modify any Hyperlink appearing on the Site. CDPQ Infra does not assume any liability with respect to the choice of provided Hyperlinks, to any eventual viruses and the compatibility of a Hyperlink with the visitor's computer.
CDPQ Infra expressly forbids any person from authorizing or implementing a Hyperlink originating from a third party's site on the Site, from using the framing technique from a mirror site or other similar method without CDPQ's prior consent.
The fact that there are unauthorized Hyperlinks to the Site by no means constitutes a consent of or waiver to CDPQ Infra's rights and recourses. The existence of any unauthorized Hyperlink to the Site does not incur CDPQ Infra's liability. The access given by the Site's Hyperlinks to other sites by no means serves to support, sanction or otherwise recognize the content of such sites.
Exclusion of warranty and limitation of liability
The visitor is given access to the Site's Content for information purposes only and it may contain inaccuracies and typographical errors. CDPQ Infra and its Representatives do not make any representation or warranty regarding the accuracy or completeness of the Content or of the information accessible through this Site. CDPQ Infra reserves the right, at its sole discretion, to correct any error or omission or to update any information found on the Site. CDPQ Infra does not guarantee that the Site will run without interruption or without error or that there will not be any delay, omission or loss of transmitted information, that no virus or other contaminating or harmful element will not be transmitted or that no damage will occur to the visitor's computer system.
The Content, the services and the information accessible through this Site are provided "as is" and all representations, warranties and conditions, express, implicit or arising from the law or commercial practice, are excluded to the extent permitted by law.
Under no circumstances shall CDPQ Infra and its Representatives be liable for any direct, indirect, incidental, punitive, special or other damages whatsoever (including, without limiting the generality of the foregoing, damages to the undertaking, loss of profits, savings or revenue, interruption of business and loss of information, programs or other data on the visitor's information processing system) caused by the use or inability to use this Site, its Content or the documents available through this Site, or any information, or functions of this Site or any other connected site, or related thereto, whether or not CDPQ Infra had been informed of the possibility of such damages.
Obligations of the visitor to the Site
The visitor undertakes not to: (a) use the Site in any way that could damage, deactivate, overload or compromise it; (b) interfere with the security or otherwise abuse the Site, or any service, systems resources, server or network connected to the Site or to affiliated or connected sites or sites that are accessible through them; (c) disrupt or interfere with other people's use or enjoyment of the Site or affiliated or connected sites; (d) download, display or otherwise transmit a virus on the Site or other harmful, troublesome or corrupting file or computer program; (e) use any robot device, hacker or other automatic device or manual process to manipulate or copy Web pages or the Site's Content; (f) send e-mail, chain letters, junk mail or other type of spam messages through the Site; and (g) attempt to secure unauthorized access to this Site or to certain portions of the Site with limited access. In addition, the visitor recognizes that he is solely liable for any and all actions and communications undertaken or transmitted to or on his behalf and he undertakes to comply with all applicable statutes regarding his use of or activities on the Site.
CDPQ Infra complies with prevailing legislation in personal information matters. The visitor accepts CDPQ Infra's practices with regard to the processing of and the measures to safeguard the personal information set out in the Personal Information Protection Policy.
For the purposes of this notice, the expression Representatives includes CDPQ Infra, its affiliates, its shareholders, directors, officers, employees, agents and providers.
For the purposes of this notice, the expression visitor means the person who, in fact, browses the Site as well as the person who authorizes the use of the computer or, as the case may be, the browsing equipment.
The Conditions constitute the entire agreement between the visitor and CDPQ Infra regarding his use of the Site and its Content and supersedes the prior written or verbal agreements between the visitor and CDPQ Infra with regard to the subject matter hereof.
In the event of discrepancy between the two (2) linguistic versions of CDPQ Infra's website, the French version takes precedence.
The masculine gender is used for easy reading purposes and includes the feminine.
This notice, the Content and the Conditions are governed by the laws of the Province of Québec, Canada, excluding conflict of laws rules. The visitor recognizes the exclusive jurisdiction and competency of the courts of Québec, in the event of any dispute related to this Site or to the Conditions.
In the event of discrepancy between one of the rules set out in these Conditions and a specific rule set out on a page of CDPQ Infra's website in relation to some particular content, the specific rule takes precedence.
All rights reserved to CDPQ Infra.