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TERMS OF USE
Last Updated March 1 2016

Welcome to Element de Base. The services on this site are offered by Element de Base Inc. (“Element de
Base”). When you use Element de Base (“www.elementdebase.com” , “Element de Base”, “we”, “our”,
“us”) you understand that you are subject to the following conditions. If you visit or shop at
elementdebase.com, you accept and agree to abide by these conditions. Please read them carefully. Before
placing an order, if you have any questions relating to these terms and condistions, please email our
Customer Service at support@elementdebase.com

USE OF THIS WEBSITE ​
This website is owned by Element de Base Inc. (hereinafter “ Element de Base”), and is operated for your
personal non-commercial use and information. Your use of this website is subject to the following terms and
all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification,
these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to
ensure that your access to this website and material available on or through it are legal in each jurisdiction in
or through which you access or view the site or such material. ​

PRIVACY ​
Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. Your
continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree
to be bound by and accept its terms and conditions. You consent to the use of your personal information by
Element de Base in accordance with the terms of and for the purposes set forth in our Privacy Policy, as
same may be amended from time to time. ​

OTHER POLICIES AND AGREEMENTS ​
When you purchase products from Element de Base using the www.elementdebase.com website, your
purchase is subject to separate Terms and Conditions of Sale applicable to the website.

YOUR ACCOUNT ​
If you use this site, you are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept responsibility for all activities that
occur under your account or password.

PRODUCT INFORMATION ​
THE PRODUCTS AVAILABLE FOR SALE BY ELEMENT DE BASE ARE AVAILABLE ONLY IN CANADA
AND THIS SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS AND PROSPECTIVE CUSTOMERS.
Element de Base attempts to be as accurate as possible in describing all products available for sale by
Element de Base. However, Element de Base does not warrant that product descriptions or other content of
this site are accurate, complete, reliable, current or error-free. ​

PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE
WITHOUT NOTICE. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS. ​

THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY
PRODUCT OR SERVICE. ​

EXCLUSION OF WARRANTIES ​
Element de Base makes no representation or warranty regarding the functionality, the good working order or
condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. Element de
Base does not represent, warrant or undertake that any errors on or relating to this website will be corrected,
or that any server from which the website is operated is or will be free from viruses or other harmful
components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”,
“WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR
IMPLIED. ELEMENT DE BASE DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL,
STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ​

LIMITATION OF LIABILITY ​
ELEMENT DE BASE WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL,
PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF
RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL,
TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER
REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and
accessing this website. Because certain federal or provincial laws do not allow the exclusion or limitation of
certain damages, these exclusions may not apply to you. ​

COPYRIGHTS AND TRADEMARKS ​
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and
video clips, is owned or otherwise provided by Element de Base, and Element de Base does not represent or
warrant that such material does not infringe the rights of any other person or entity. The material on this
website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the
applicable international treaties. Consequently, the material on this website may not be copied, reproduced,
republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form
whatsoever, including but not limited to text, audio or video, without the prior written consent of Element de
Base. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered
or unregistered Marks of Element de Base or others, are the property of their respective owners, and may
not be used without written permission of the owner of such Marks. Nothing in this website is to be
interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. ​

Notwithstanding the foregoing, Element de Base authorizes you to make one electronic or paper copy of the
information posted on any page of this site provided that the copy is used solely for non-commercial,
personal purposes and, in each and every case, provided that any such copy remains protected by all
copyright, trademarks, service marks and other proprietary notices and legends contained on such website.
CONFIDENTIALITY OF THE INFORMATION TRANSMITTED ​
You acknowledge that information or material which you provide electronically through your access to or
usage of this website is not confidential or proprietary, except as may be required under applicable law or
pursuant to Element de Base’s privacy policy, and acknowledge that unprotected e-mail communication over
the Internet is subject to possible interception, alteration or loss. You represent and warrant that the
information or material which you provide electronically to Element de Base by accessing or using this
website does not infringe the rights of any other person or entity. You consent to Element de Base using
that information or material, in whole or in part by any means whatsoever, including reproducing,
retransmitting or publishing this information or material or ideas, concepts or other information contained
therein for the commercial purposes of Element de Base or the disclosure of your identity, in accordance
with the Element de Base Privacy Policy.​

ELECTRONIC COMMUNICATIONS ​
When you visit this website or send e-mails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We will communicate with you by e-mail or by
posting notices on this website. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such
communications be in writing. ​
​​
LINKS ​
Links and references to other websites are provided to you as a convenience only. Element de Base has not
reviewed and does not expressly or implicitly endorse other websites or any information or material, or the
accessibility thereof, via such links, and does not assume any responsibility for any such other websites,
information or material posted thereon, or products or services offered thereon. ​

VIRUSES, ETC ​
Element de Base does not represent or warrant that the information or material, including the downloadable
software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or
other harmful components, or that any such problems which are discovered will be corrected. ​

DAMAGE TO OTHERS ​
You agree not to introduce into or through this website any information or materials which may be harmful
to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in
material or information which may, among other things, be a libel, slander, defamation or obscenity, or
promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or
entity. ​

RESERVE OF RIGHTS ​
All rights not expressly granted in these terms are reserved to Element de Base. Nothing contained in these
terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any
copyright, patent, trademark or other intellectual property right of Element de Base or any other person or
entity. ​

GOVERNING LAW ​
This site is controlled and operated by Element de Base from Montreal, Quebec, Canada and these terms,
this website, any use of this website and any transaction conducted on or from it shall be governed by the
laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of
conflict of laws. ​

CHANGES TO TERMS / SEVERABILITY
Element de Base may modify, alter or otherwise update the terms applicable to this website from time to
time. We will notify you of any such modifications to this website by posting notice of such changes on this
website. Following the posting of such changes, your continued use of this site will constitute your
acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of
these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be
deemed severable and shall not affect the validity and enforceability of any remaining condition. ​

JURISDICTION ​
This website is controlled and operated by Element de Base from Montreal, Quebec, Canada. Element de
Base makes no representation that materials on the website are appropriate or available for use in other
locations. Those who choose to access this website from other locations do so on their own initiative and
are responsible for compliance with local laws, if and to the extent local laws are applicable. ​

COOKIES ​
We may use “cookies” to track your preferences and activities on the www.elementdebase.com website.
Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of
your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of
information, including, the number of times that you access a site, your registration information and the
number of times that you view a particular page or other item on the site. The use of cookies is a common
practice adopted by most major sites to better serve their clients. Most browsers are designed to accept
cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to
block cookies, how to know when you have received cookies and how to disable cookies completely. You
can also opt-out by using the following link: networkadvertising.org/choices/. You should note, however,
that without cookies, some of the website’s functions will not be available, and the user will lose some of the
benefits of the site. ​

NO WAIVER ​
The failure of Element de Base to enforce any provisions of these terms or to respond to a
breach by you or any third party of these terms shall not in any way waive the right of Element
de Base to subsequently enforce any of the terms and conditions contained herein or to act with
respect to similar breaches. ​

ENTIRE AGREEMENT ​
These terms, together with all other agreements, terms or conditions incorporated or referred to
herein constitute the entire agreement between you and Element de Base with respect to the use
of this website and any transaction conducted on or from this website and its contents, and
supersede any prior understandings or agreements (whether electronic, oral or written)
regarding the subject matter hereof, and may not be amended or modified except in writing, or
by Element de Base making such amendments or modifications available to it pursuant to the
terms hereof. ​

TERMINATION ​
Element de Base reserves the right, at its sole discretion, to terminate your access to all or any
part of this site, with or without notice. ​

HEADINGS ​
The headings used herein are inserted for convenience of reference only and do not affect the
construction or interpretation of the terms and conditions herein. ​

ENGLISH LANGUAGE ​
You expressly agree that these terms and all ancillary documents be drafted solely in English;
Vous consentez expressément à ce que ces conditions d’utilisation et tous les documents y
afférents soient rédigés en anglais seulement. ​