The TOU were last modified on January 24, 2015. Colt reserves the right, at any time and without prior notice, to modify the TOU. Any changes to the TOU can be found at this URL.
If you have any questions about the TOU, please contact:
Colt Resources Legal Services
David A. Johnson
Chief Legal Officer
606 Cathcart Street, Suite 330
Montréal, Québec H3B 1K9
or email email@example.com
Notwithstanding any other term of the TOU or any act or failure to act by Colt or its agents or subcontractors, you agree to indemnify, defend and hold harmless Colt and their officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information therein, (ii) your participation in any activities arising from the Website, (iii) your violation of, or failure to perform your obligations under the TOU or, (iv) your violation of any rights of a third party.
You agree that Colt, in their sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the site (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Colt believes that you have acted inconsistently with the letter or spirit of the TOU.
Colt may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Further, you agree that Colt shall not be liable to you or any third party for any damages resulting from termination of your access to the Website, or from Colt’s termination of the Website or any part thereof.
General and External Links
Copyright and Intellectual Property Rights
The content, arrangement and layout of this site, including, but not limited to, the trademarks, photos, text, and computer code are proprietary to Colt, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted or otherwise used without the express permission of Colt. Any unauthorized use of the content, arrangement or layout of the site, computer code, or photos or trademarks found in the site or any derivative works thereof may violate civil or criminal laws, including, but not limited to, copyright and trademark laws, and Colt may take action accordingly.
The above paragraph further applies to third party property used on the Website, including but not limited to third party computer code.
Disclaimer of Warranties
You expressly understand and agree that your use of the Website or the information therein is at your sole risk. The Website, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website. The information provided on the Website written by Colt staff is known to be as accurate as possible at the time of writing, and every effort has been made to ensure that the information on this website is as accurate and up-to-date as possible. However, certain information may change, and errors may occur, and Colt is not responsible for any loss, financial or otherwise, resulting from changes or errors in information, including financial information. Colt expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the website and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose.
Limitation Of Liability
You expressly understand and agree that Colt shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, general civil liability or any other cause of action, relating to the Website, the information on the website including financial information, or the third party materials on the Website where applicable. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Colt, their affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Governing Laws and Jurisdiction
Use of the site shall be governed by and construed in accordance with the laws of the Province of Quebec in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Colt shall be brought exclusively in the courts of the Judicial District of Montreal, Quebec, Canada.
If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
The section titles in the TOU are for convenience only and have no legal or contractual effect.