Terms and Conditions
This website is provided to you under these "Terms of Use" and any amendments or supplements to them that may be posted by Mosti Mondiale Inc. from time to time (collectively referred to as this "Agreement"). Your use of this website shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the website or order any items from it.
Please read the Terms and Conditions carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms and conditions included with any purchase order, whether or not such terms or conditions are signed by
Mosti Mondiale Inc. Mosti Mondiale Inc. reserves the right to make changes to this website and these terms and conditions at any time.
Ownership
This website ("website") is owned by Mosti Mondiale Inc. All right to, title to, and interest in the content displayed on the website, including but not limited to the website's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Mosti Mondiale Inc. or its respective partners, agents, or third parties.
Use of website Information
You acknowledge that content available through the website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Mosti Mondiale Inc. herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the website or any content (including, without limitation, any software) available through the website.
You are hereby granted a nonexclusive, non-transferable, revocable, limited license to view, copy, print, and distribute content retrieved from the website for your personal, non-commercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of Mosti Mondiale Inc. You may not frame any trademark, logo, or other proprietary information on this website without the express written consent of Mosti Mondiale Inc. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the website shall be construed as conferring any other license or right, expressly, by implication, by estoppels, or otherwise under any of Mosti Mondiale Inc. Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Electronic Communications
The information communicated on the website constitutes an electronic communication. When you communicate with us through the website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
User Content and Correspondence
You acknowledge that Mosti Mondiale In. does not generally pre-screen content, but that Mosti Mondiale Inc. and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the website. Mosti Mondiale Inc. reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, Mosti Mondiale Inc. and its designees will have the right to remove any Content that violates the Agreement or that Mosti Mondiale Inc. considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the website, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that Mosti Mondiale Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mosti Mondiale Inc., its users, and the public. Details regarding our use of personally identifiable information included in Content are set out in our Privacy Policy.
By posting Content to the website or by transmitting Content using the website, you (1) represent and warrant to Mosti Mondiale Inc. that you have all necessary permission to post or transmit Content; and (2) grant to Mosti Mondiale Inc. a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Bulletin boards, discussion forums, and chat rooms contain the opinions and views of other users. Mosti Mondiale Inc. is not responsible for the accuracy of any messages on this site and you should always consult a physician or other qualified healthcare provider before relying on any information you find on this site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to Mosti Mondiale Inc. regarding the website, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. Mosti Mondiale Inc. will have no obligation of any kind with respect to Received Materials that you do not restrict and Mosti Mondiale Inc. will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, Mosti Mondiale Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Mosti Mondiale Inc., whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
Your Contact With Advertisers or Other Third Parties
Your dealings with advertisers or other third parties found on or through the website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Mosti Mondiale Inc. does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Mosti Mondiale Inc. will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the website.
Links to Other websites
The website, or third parties on the website, may provide links to other sites and/or resources, including advertisers, over which Mosti Mondiale Inc. has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Mosti Mondiale Inc. of content, items, or services on those third-party websites. You access and use such websites, including the content, items, or services on those sites, solely at your own risk. Mosti Mondiale Inc. makes no representations or warranties with respect to the Content, ownership, or legality of any such linked websites. You agree that Mosti Mondiale Inc. has no responsibility or liability for the availability of such external websites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.
Linking to Mosti Mondiale
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mosti Mondiale Inc. so long as the link does not portray Mosti Mondiale Inc., its affiliates, or their items or services in a false, misleading, or offensive manner. You may not use any Mosti Mondiale Inc. logo(s) or graphic(s) or trademark(s) as part of the link without the express written permission of Mosti Mondiale Inc.
Disclaimer of Warranties With Respect to Use of website
OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOSTI MONDIALE INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATOIN OF OUR STORE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR WEBSITE. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL ORDERS ARE SUBJECT TO ACCEPTANCE, VERIFICATION AND CONFIRMATION BY MOSTI MONDIALE INC. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOSTI MONDIALE INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. MOSTI MONDIALE INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR STORES OR WEBSITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. MOSTI MONDIALE INC. DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MOSTI MONDIALE INC. MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND PRODUCTS OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOSTI MONDIALE INC. OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MOSTI MONDIALE INC. BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (6) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT MOSTI MONDIALE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification
You agree to indemnify and hold harmless Mosti Mondiale Inc., its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the website; Content you submit, post, or transmit through the website; your breach of the Agreement; and your connection to the website.
Trademark Notices
The Mosti Mondiale logo(s) and design are trademarks or service marks of Mosti Mondiale Inc. All other trademarks and service marks are the property of their respective owners. You may not use or display any trademarks or service marks owned by Mosti Mondiale Inc. without prior written consent from Mosti Mondiale Inc. You may not use or display any other trademarks or service marks displayed on this site without the permission of their owners.
Modification or Suspension of the website
You agree that Mosti Mondiale Inc. may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Mosti Mondiale Inc. will not be liable for the consequences of doing so.
Termination
You agree that Mosti Mondiale Inc. may, in its sole discretion, and at any time, terminate your use of the website, and may remove or delete any or all of your content within the website, without prior notice to you for any reason that Mosti Mondiale Inc., in its sole discretion, deems appropriate. You further agree that Mosti Mondiale Inc. will not be liable to you or to any third party for the consequences of any termination of your use of or access to the website. In the event of any termination of your use of or access to the website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Governing Law
Mosti Mondiale Inc. and its website is operated from Sainte-Catherine , Province of Quebec , Canada . Any legal conflict between a user and Mosti Mondiale Inc. is therefore subject to the laws of the province of Quebec and the applicable laws of Canada, without regard to its conflict of law provisions. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec, Canada in respect of any action or proceeding arising out of or related to this website.
Other Terms
These Terms and Conditions, including the Privacy Policy, constitute the entire agreement between you and Mosti Mondiale Inc. with respect to your use of the website. These Terms and Conditions replace all previous agreements between you and Mosti Mondiale Inc. Do note that you may also be subject to additional terms and conditions when using certain services provided by Mosti Mondiale Inc. or third parties such as the Purchase Policy.
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of that right or provision. If any term or provision of these Terms and Condition or any portion of such term or provision is held invalid or unenforceable, the remainder of these Terms and Conditions will not be affected thereby and each remaining term or provision or portion thereof will be valid and enforceable to the full extent permitted by the applicable law. In lieu of each term or provision of these Terms and Conditions which is invalid or unenforceable, there shall be added as a part of these Terms and Conditions a term or provision as nearly identical as may be possible and as may be legal, valid and enforceable.
All requests for information about our Terms and Conditions may be sent to Customer Service.
COPYRIGHT NOTICE. Copyright 2010 Mosti Mondiale Inc. All rights reserved.