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Terms of Use

Terms of Use

These terms of use (“Terms of Use”) for our website, https://www.sayona.ca/ (the “Site”), constitute a legal agreement between you and Sayona Inc. (“Sayona,” “we,” “us,” or “our”). These Terms of Use govern your access to and use of the Site, including any content or features available to you on the Site.

BY USING THE SITE, YOU AGREE TO ABIDE BY THE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF USE OR PRIVACY POLICY, YOU MUST NOT USE OR ACCESS THE SITE.

By using this Site, you represent and warrant that you are of the legal age of majority to enter into a contract with Sayona under the applicable legislation and that you meet all of the above eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

  1. Intellectual property rights and ownership

You understand and agree that the Site and all of its content, features, and functionalities (including but not limited to information, software, code, data, text, displays, graphics, photographs, images, video, audio, music, publications, design, layout, interface, selection, and arrangement) are owned by Sayona, its licensors, or other suppliers of such material and are protected by applicable laws, including but not limited to copyrights, trademarks, patents, trade secrets, and other intellectual property rights.

Sayona’s name, logo, designs, images, and slogans may be trademarks of Sayona or its affiliates. You may not use them without Sayona’s prior written permission. Unless expressly authorized herein or in writing by Sayona, use of such property is a violation of Sayona’s rights. Furthermore, it may violate federal or other laws and may subject the violator to legal action.

  1. License to use

Sayona grants you a limited license to temporarily download a copy of the material on the Site (“Sayona’s Material” or “Sayona Material”) for personal, non-commercial, transitory viewing only. You may not use Sayona’s Material other than as expressly authorized herein. Without limitation, under this license, you may not:

  • modify or copy Sayona’s Material (except as expressly authorized in these Terms of Use);
  • use Sayona’s Material for commercial purposes or public display (commercial or otherwise);
  • attempt to decompile or reverse engineer any software on the Site;
  • remove any copyrights or other proprietary notices from Sayona’s Material; or
  • transfer Sayona’s Material to another person or make a copy on another server.

This license shall automatically be terminated if you breach any of your commitments hereunder and may be terminated by Sayona at any time at its sole discretion. Upon termination of this license, you must promptly destroy any Sayona Material in your possession, both print and electronic.

  1. Exclusion from warranty

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR MATERIAL FOUND OR OBTAINED THROUGH THE SITE, INCLUDING SAYONA’S SOCIAL MEDIA ACCOUNTS, IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR MATERIAL FOUND OR OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

FURTHERMORE, SAYONA MAKES NO WARRANTIES, REPRESENTATIONS, OR COMMITMENTS REGARDING THE COMPLETENESS, SAFETY, RELIABILITY, SUITABILITY, ACCURACY, RELEVANCE, OR RELIABILITY OF SAYONA’S MATERIAL ON THIS SITE OR OTHERWISE RELATED TO SAYONA’S MATERIAL OR ON ANY SITE RELATED TO THE SITE, INCLUDING SAYONA’S SOCIAL MEDIA ACCOUNTS.

  1. Limitation on liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL SAYONA OR ITS SUPPLIERS BE HELD LIABLE FOR NEGLIGENCE, MISREPRESENTATION, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR INVASION OF PRIVACY DUE TO OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, ANY ASSOCIATED SITE, OR ANY THIRD-PARTY SITE, INCLUDING SOCIAL MEDIA PLATFORMS, OR ANY CONTENT, MATERIAL, POSTINGS, OR INFORMATION RELATED THERETO, EVEN IF SAYONA OR AN AUTHORIZED REPRESENTATIVE OF SAYONA HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Accuracy of the material

The Sayona Material appearing on the Site or on Sayona’s social media accounts may include technical, typographical, or photographic errors. Sayona does not warrant that the Sayona Material on the Site or on Sayona’s social media accounts is accurate, complete, or up to date. Sayona may make changes to the material on the Site or on Sayona’s social media accounts at any time without notice. For clarity, Sayona does not commit to updating the Sayona Material.

  1. Personal information

By submitting your personal information and using our Site, you consent to the collection, use, hosting, communication, and disclosure of your personal information in accordance with our Privacy Policy.

  1. Third-party websites

For your convenience, this Site may provide links or pointers to third-party websites, including social media platforms. We make no representations whatsoever about any other website that may be accessed from this site. You acknowledge that these third-party websites are not operated or controlled by Sayona. Sayona has not reviewed the third-party websites linked to this Site and is not responsible for the content of these sites, including user-generated content on social media platforms. The inclusion of any link does not imply Sayona’s endorsement of a third-party website or its content. If you choose to access such websites, you do so at your own risk. We accept no responsibility for the content of these third-party websites or for any loss or damages that may result from their use. You agree that by accessing a third-party site through our Site, you will be subject to the terms and conditions of that third-party site.

You may create or share a link to our homepage, provided you do so in a lawful manner and do not damage or take advantage of our reputation. You must not create or share any links in a manner that suggests any form of association or endorsement on our part. Our Site may not be reproduced in whole or in part on any other site, and you may not link to any part of our site other than the homepage. We reserve the right to withdraw permission to link without notice. You agree to cooperate with us to immediately stop any unauthorized reproduction or linking.

8. Changes

We reserve the right to revise and update the Terms of Use at any time without notice and at our sole discretion. All such changes are effective immediately upon publication and apply to all forms of access to and continued use of the Site. You agree to review the Terms of Use occasionally to learn of such changes; your continued use of the Site will be considered acceptance of the changes.

Sayona’s Material and the Site may be modified, removed, or terminated at any time, without notice and at our sole discretion. We will not be held liable if, for any reason, part or all of the Site is unavailable at any time or for any length of time.

9. Waiver

Failure to exercise any right, remedy, power, or privilege under these Terms of Use, or any delay in doing the same, shall not constitute or be construed as a waiver of that right, remedy, power, or privilege. Similarly, the partial exercise of a right, remedy, power, or privilege hereunder, or the exercise of only one such right, remedy, power, or privilege shall not preclude a subsequent exercise of the same, nor the exercise of any other right, remedy, power, or privilege.

9. Severability

If any term or provision of the Terms of Use is found to be invalid, illegal, or unenforceable in any jurisdiction, this shall not affect the remaining terms or provisions of the Terms of Use and shall not invalidate or render unenforceable the term or provision in question in any other jurisdiction.

10. Compensation

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Sayona harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of the Site, including, but not limited to, your user submissions, use of social media platforms, and any use of the Site’s content, products, and services in a manner not expressly permitted herein.

11. Applicable law and jurisdiction

The Terms of Use shall be governed by and interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any provision, principle, or rule of law arising under private international law (whether under the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any legal action or proceeding arising out of or relating to this Site and under the Terms of Use shall be brought before the courts of the Province of Quebec, District of Montreal, and each party shall irrevocably submit to the exclusive jurisdiction of such courts in connection with any such action or proceeding. You waive any objection to the jurisdiction of such courts and to such courts’ jurisdiction over you.