MODALITÉS D'UTILISATION

1. Definitions
   In addition to the terms defined throughout these Terms and Conditions, the terms "you", "your" and "yours" refer to the surfer, visitor, customer or purchaser utilizing this Site to obtain Services or otherwise visiting this Site. The terms "we", "us" and "our" refer to LRDG.

2. Changes to Terms and Conditions
   LRDG reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions (“Changes”), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.

3. Termination of this Agreement of this Site
   If you breach any provision of these Terms and Conditions, then you may no longer use this Site. LRDG may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, this Site or any part of it at any time, for any reason, without any prior notice or liability to you or any other person. If this Agreement is terminated by you or by LRDG for any reason, then this Agreement will continue to apply and be binding upon you in respect of your prior use of this Site.

4. Permitted and Prohibited Uses
   This Site is intended for the lawful use by members of the general public. Subject to these Terms and Conditions, LRDG grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the “Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

   • sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;

   • transfer the Content to any other person without the prior written consent of LRDG;

   • use this Site in any manner that could damage, disable, overburden or impair this Site;

   • upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;

   • interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;

   • infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;

   • disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;

   • use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;

   • use or attempt to use another's account, password, service, system or other information without prior written authorization from LRDG, or create or use a false identity on this Site;

   • transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;

   • upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or

   • attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

   You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.

5. Copyright and Trade-marks
   Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade-marks held or licensed by LRDG or its suppliers or licensors. Without limiting the foregoing, the entire content of this Site is, under domestic and international copyright laws, a collective work owned by LRDG
   
   [LRDG and the LRDG logo are registered trade-marks and trade-names owned by LRDG.] Other product and company names and logos appearing on this Site may be registered and unregistered trade-marks, service-marks or trade-names of their respective owners. Any use of the trade-marks, service-marks, trade-names and logos (collectively the “Marks”) displayed on this Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on this Site.
   
   You may print or download one copy of the Content on this Site on a single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without the express prior written permission from LRDG, or LRDG's content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from LRDG is prohibited.

6. Links and Third Party Websites
   LRDG provides to you, on this Site, links to Third Party Websites operated by other entities. These Third Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third Party Websites within the www.lrdgonline.com URL. You acknowledge and agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third Party Website. A links to a Third Party Website does not constitute an endorsement, sponsorship or recommendation by LRDG of such Third Party Websites, the entities themselves or of any content, services or products available on or through such Third Party Websites. If you use these Third Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that LRDG or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third Party Website is authorized to use any trade-mark, trade name, logo or copyright symbol of LRDG. Third Party Websites may create other contractual obligations between you and the third party entity in addition to these Terms and Conditions.
   
   This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that LRDG shall not have any liability whatsoever to you for any such third party material, data or information.

7. Submission of Information
   Although LRDG may provide certain security in an effort to protect the electronic transmission of certain information that you submit to LRDG through this Site, LRDG does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Websites linked to this Site. Submission of any financial (eg. credit card) or other information to this Site or to any Third Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to LRDG through this Site. Except for personal information about you, any information you do send to LRDG through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to LRDG a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.

8. Agreement to Privacy Policy
   LRDG respects your desire for privacy. Please review LRDG's Privacy Policy which can be found by clicking here. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

9. Disclaimers
   ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER LRDG, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limit of Liability
    IN NO EVENT SHALL LRDG, OR ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER INDIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT LRDG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED FIFTY CANADIAN DOLLARS (CDN$50.00). THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LRDG'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Release
    You hereby release, remise and forever discharge LRDG and its agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of this Site.

12. Indemnity
    You agree to defend, indemnify and hold harmless LRDG and its respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Services.

13. Governing Law
    This Agreement, your use of this Site, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

14. Arbitration
    You agree that all disputes or disagreements between you and us relating to these Terms and Conditions, our Privacy Policy, the use of this Site or any Service in any way, or to any related matter (a "Dispute") will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitrations Act (Ontario). Any claim relating to a Dispute which you may have arising from, in connection with, or relating to your use of this Site or any related matters must be commenced within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary. Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the City of Ottawa, Ontario, Canada. There shall be no discovery. The arbitrator shall not limit, expand or modify the terms of these Terms and Conditions nor award damages in excess of compensatory damages permitted under these Terms and Conditions, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against us. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.

15. General
    The Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement (the “Agreement”) between LRDG and you with respect to your use of this Site. LRDG's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. The provisions of this Agreement will enure to the benefit of and be binding upon LRDG and its successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express written consent of LRDG, which may be withheld in LRDG’s sole discretion. LRDG may assign this Agreement and its rights and obligations under this Agreement without your consent. The parties to this Agreement have expressly requested and required that this Agreement, and all other related documents, be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.
    
    Any rights not expressly granted by this Agreement are reserved to LRDG.
    
    February 1, 2006