Term of use

In addition to the more specific rules found elsewhere in these Terms of Use, by visiting and/or using the Website, you agree to:

(i) Not using the Website in any way that violates these Terms of Use or any other applicable policy posted by Cascades on the Website.
 

(ii) Not using the Website in any manner that would infringe upon the intellectual property rights of Cascades or any third party.
 

(iii) Not using the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic messages or emails, including linking to a spam or phishing website.
 

(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment in any form, whether belonging to Cascades or a third party, or to damage or gain unauthorized access to any system, data or other information (whether personal or not) of Cascades, other users of the Website, or any other third party.
 

(v) Not (1) take actions that impose or may impose (as determined by Cascades in its sole discretion) an unreasonable or disproportionate burden on Cascades’ (or its third-party suppliers') infrastructure; (2) interfere with or attempt to interfere with the proper operation of the Website or any activity conducted through the Website; (3) circumvent any measures that Cascades may use to prevent or restrict access to the Website or any part thereof; (4) use software, devices, or other manual or automated processes for the purpose of indexing or collecting information about any page of the Website; or (5) extract, harvest or capture any content from the Website.
 

(vi) Not take actions or use processes that suppress, modify, disable, block, obscure or compromise in any way any advertising or other promotion in connection with the Website.
 

(vii) Not use the Website to collect in any manner any information (personal or otherwise) from a third party or in violation of Cascades’ Privacy Policy.
 

(viii) Not interfering with any third party's use or enjoyment of the Website.
 

(ix) Not doing anything or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or that would in any way be illegal, illicit, fraudulent, or harmful to a third party.
 

(x) Not attempting to carry out any of the foregoing prohibitions.
 

(xi) Use the Website in good faith and in compliance with all applicable local, provincial, state, national and international laws.
 

a. Accounts and Passwords

In order to use certain aspects and features of Cascades PRO, you must create a Cascades PRO Account. Accounts are free and accessible to anyone who provides the required information (as described below), subject to the restrictions described elsewhere in these Terms of Use.

As part of the creation of your Account, you will be asked to choose a password. It is your responsibility to create a password that is strong enough not to be easily discovered by third parties. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur on your Account, whether by you or a third party, unless you demonstrate that the unauthorized use occurred without fault on your part. You agree to notify us immediately of any unauthorized use of your Account or any other security breach concerning your Account.

If you are a Logged-In User, it is strongly recommended that you log out of your account at the end of each session or not leave a logged-in Account unattended for a period of time. Cascades and its Representatives will not be held liable for any loss or damage, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of a session or from an unattended logged-in session, except in the case of gross or intentional fault by Cascades.

Cascades reserves the right to close your Account, at its sole discretion, at any time and for any reason, including but not limited to if you have violated the letter or spirit of the Terms of Use, as described in greater detail in these Terms of Use.
 

b. Required Age

You must have reached the age of majority in your province, state, territory or country (being eighteen (18) years of age in Quebec) in order to open an Account, and by opening an Account you represent and warrant that this is the case.
 

c. Account Information

The information required to create an Account is as follows: your first and last name, your email address, your phone number, your province/state and country, as well as your company name and various other business information. The information you submit as part of the registration process may be referred to in these Terms of Use or in the Privacy Policy as “Account Information”. Cascades reserves the right to determine at its sole discretion who may have an Account.

By submitting Account Information, you represent and warrant that such information is true and accurate to the best of your knowledge. In the event that you intentionally or with gross negligence submit false information, Cascades reserves the right to close your Account, at its sole discretion.

a. My Tools

When you are a Logged-In User, Cascades provides you with certain tools that allow you to sell Cascades products, including downloadable PDF product sheets and other documents, as well as the ability to create custom quotes for your clients for Cascades products (collectively, “My Tools”). Cascades grants you a limited, non-exclusive, worldwide, royalty-free license to use My Tools and the documents for your own business purposes.

Without limiting the generality of the disclaimer of warranties found later in these Terms of Use, Cascades and/or its Representatives cannot be held liable for indirect, consequential or incidental losses or damage resulting from your use of My Tools, except in the case of gross or intentional fault by Cascades. Cascades does not guarantee that My Tools will meet your specific business needs but warrants that the tools will perform substantially in accordance with their description and will be free from major defects affecting their normal use.

b. Submission of Client Information

In order to create a quote through My Tools, you will need to enter the following information about your client or prospective client: first and last name, email address, company name, mailing address and phone number (the “Client Information”). You represent and warrant that you have the legal authorization to use the Client Information in this manner and that Cascades may use this client information in accordance with Cascades’ Privacy Policy.

Without limiting the general scope of the disclaimer of warranties found later in these Terms of Use, Cascades and/or its Representatives cannot be held liable for indirect losses or damages suffered by you or any of your clients as a result of the transmission of Client Information, except in the case of gross or intentional fault by Cascades in the protection of such information.

a. Intellectual Property Rights

You acknowledge that: (a) the Website contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws, and (b) Cascades, its Representatives and/or third parties (through a license) own all rights, title and interest in and to the Website and the content that may be presented on or accessed through the Website, including without limitation all Intellectual Property Rights related thereto. All rights not specifically granted under these Terms of Use are reserved to Cascades and its licensors. “Intellectual Property Rights” means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, as well as all applications, renewals, extensions and restorations of such rights, now or hereafter in force throughout the world, whether registered or not.

You agree and undertake not to, and not to permit any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive the source code of the Website or content that may be presented on or accessible through the Website for any purpose, unless otherwise permitted by these Terms of Use or by the features of the Website; (ii) take any action aimed at circumventing or defeating the security deployed or enforced by any feature of the Website; or (iii) remove, obscure or alter any Cascades or third-party copyright, trademark or proprietary rights notices displayed on, contained in, or accessible through the Website.

The content, layout and design of the Website, including but not limited to trademarks, photos, logos, videos, sounds, images, text (in plain text, HTML or PDF form) and Computer Code are the exclusive property of Cascades, whether owned or licensed, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express authorization of Cascades, or as permitted by the features of the Website or these Terms of Use. Any unauthorized use of the content, layout or design of the Website, Computer Code, images, logos, videos, sounds or trademarks found on or on the Website, or any part or derivative works thereof, may constitute a violation of civil or criminal laws, including but not limited to intellectual property laws, and Cascades may act accordingly.

The above paragraphs also apply to third-party property used in connection with the Website, including but not limited to third-party Computer Code. For the purposes of this section, “Computer Code” includes, without limitation, source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or other similar files, templates, modules or other similar files, and related documentation.42 Cascades, Cascades PRO, Cascades Fluff & Tuff and various other Cascades trademarks identified with a ® on the Website are registered trademarks of Cascades. Cascades hereby grants you a limited, non-exclusive, worldwide, revocable, royalty-free license to use these trademarks only in the manner expressly authorized in connection with the use of My Tools, in accordance with these Terms of Use.
 

b. Submitted Information

If you choose to communicate to Cascades (by any means) suggestions for improvement of the Website or of Cascades’ activities in general (collectively, “Feedback”), Cascades will own all rights, title and interest in and to the Feedback and will have the right to use it without restriction. You hereby irrevocably assign to Cascades all rights, title and interest in and to the Feedback, you waive in favour of Cascades, its successors and assigns all your moral rights in the Feedback, and you agree to provide Cascades with all the assistance it may require to document, perfect and maintain Cascades’ rights in the Feedback. You acknowledge and agree that by voluntarily providing Feedback to Cascades, you are not entitled to any compensation or reimbursement of any kind from Cascades for such Feedback.

From time to time, the Website (or any part thereof) may be unavailable for brief periods for maintenance and/or modification of the Website. Although we strive to make this unavailability as brief as possible, Cascades and its Representatives cannot be held liable for any loss or damage, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal operation of the Website, and disclaim all liability in this regard.

You agree that Cascades, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, remove identifying information from your Account, or suspend or terminate your access to the Website (or any part thereof), immediately and without notice, for any reason, including but not limited to if Cascades believes you have acted in a manner inconsistent with the letter or spirit of the Terms of Use or the Privacy Policy, or that you have violated any other posted policy.

Cascades may also, at its sole discretion and at any time, cease to provide the Website, or any part thereof, with or without notice. You agree that Cascades cannot be held liable to you or any third party for any indirect loss or damage, pecuniary or otherwise, resulting from the termination of your access to the Website, or from the removal by Cascades of the Website or any part thereof, except in the case of gross or intentional fault by Cascades.

The removal of the Website or the termination of your access to the Website terminates these Terms of Use between you and Cascades. All provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use will survive termination, including but not limited to the provisions relating to intellectual property, disclaimers, indemnities and limitations of liability.

From time to time, Cascades may provide links to other websites or online services. Links on the Website may lead you to websites or services that are not covered by these Terms of Use and do not belong to Cascades. When you access third-party resources on the Internet in this manner, you do so at your own risk. Cascades provides these links for your convenience and Cascades assumes no responsibility for your use of these other websites or services or for the protection of your privacy (including the collection of your Personal Information) on these other websites or services. We encourage you to review the terms of use and/or privacy policy of any website or service you visit. Cascades makes no representations or warranties of any kind regarding the content of the websites or services to which we link, or the products or services available on those websites (whether free or paid) or the third parties operating those websites or services.

Cascades and its Representatives shall not be held liable for any damage, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to the Website or the information they contain; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with the use of or reliance on any content, product or service (free or paid) available on or through any linked website or service; or (4) for the actions of the operators of those websites or services. This limitation does not apply in the case of gross or intentional faults by Cascades.

To the extent permitted by law, you expressly understand and agree that your use of the Website, the information or material it contains (whether provided by Cascades or by third parties), or any activity arising from your use of the Website or the information it contains (including but not limited to your use of My Tools for the sale of Cascades products), or material downloaded from the Website, is at your sole risk. The Website, any material downloaded from it, or any third-party material, is provided “as is” and “as available”, and you will be solely responsible for any damage to your computer or device or any loss of data resulting from the downloading of or access to any material obtained through the use of the Website or any other feature of the Website, or any losses or damages (pecuniary or otherwise) resulting from (i) your use of the Website, the information it contains, any material downloaded from it, or (ii) any activity arising from the use of the Website or the information it contains (including but not limited to your use of My Tools for the sale of Cascades products) or any material downloaded from it.

The information or resources provided on the Website, written or produced by Cascades staff, independent writers or other contractors, are deemed to be as accurate as possible at the time of writing or production, and all efforts have been made to ensure that the information on the Website is as accurate and up-to-date as possible. However, some information may change, and errors or omissions may occur, and Cascades and/or its Representatives cannot be held liable for any loss or damage, pecuniary or otherwise, resulting from changes or errors in the information, or any omission, on the Website.

Cascades 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, the information it contains or any material downloaded from it, as well as any third-party material, will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful elements; and the implied warranties of merchantability and fitness for a particular purpose. Cascades and its Representatives do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects, errors or omissions will be corrected; (iii) any content or software available on or through the Website is free of viruses or other harmful elements; (iv) the features of the Website will function the same way in desktop and mobile environments; or (v) the results of the use of the Website, or any activity arising from it (including but not limited to your use of My Tools for the sale of Cascades products), or any content downloaded from the Website will meet your needs.

To the extent permitted by law, Cascades shall not be liable and assumes no responsibility for any loss or damage, whether pecuniary or otherwise, arising from or related to the information available on or downloaded from the Website, the use of the Website, the activities arising from your use of the Website (including but not limited to your use of My Tools for the sale of Cascades products), or any third-party material on or available through the Website.

To the maximum extent permitted by law, in no event shall Cascades or its Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including without limitation loss of revenue or profits, loss or corruption of data, loss of use, business interruption, or any other pecuniary loss), arising from or related to the Website or your use, misuse or inability to use the Website, even if Cascades has been advised of the possibility of such damages. This limitation of liability applies regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or any other legal theory.

Subject to any fault, negligence or failure on the part of Cascades or its Representatives, you agree to indemnify, defend and hold harmless Cascades and its Representatives, or its affiliated companies, subsidiaries, divisions and their Representatives, from and against any damages, liabilities, costs and expenses (including legal fees), claims or demands from third parties, arising directly from (i) your wrongful use of or connection to the Website or the information contained therein or the information or materials downloaded from it; (ii) your participation in any illegal or wrongful activity arising from the Website (including but not limited to your use of My Tools for the sale of Cascades products), the information contained therein or the information or materials downloaded from it; (iii) your breach of or failure to comply with your obligations under the Terms of Use or the Privacy Policy, to the extent that such breach is attributable to you; or (iv) your intentional or negligent violation of a third party's rights.

These Terms of Use and your use of the Website are governed by and interpreted in accordance with the laws of the province of Quebec, Canada, and the applicable federal laws of Canada in force at that time, without regard to conflict of law provisions.

You agree that any legal action or proceeding between you and Cascades shall be brought exclusively before the courts located in the judicial district of Montreal, Canada. Notwithstanding the foregoing, Cascades has the right to bring an action against you before the competent courts of the jurisdiction in which you reside or are located in order to: (i) obtain an injunction against you; (ii) obtain a judgment against you where a judgment rendered by the Montreal court will or will not be enforced by the jurisdiction in which you reside or are located; or (iii) enforce in your jurisdiction a judgment obtained against you by the Montreal court.

(i) The Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Cascades with respect to your use of the Website, replacing any prior agreement between you and Cascades, its predecessors, affiliated companies, subsidiaries or divisions.
 

(ii)Cascades shall not be held liable for any failure to fulfill its obligations under these Terms of Use where such failure results from a cause beyond Cascades' control, including but not limited to a mechanical, electronic or communications breakdown or degradation, or any force majeure event.


(iii)If any provision of the Terms of Use or the Privacy Policy is found to be invalid by a court of competent jurisdiction, 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 Terms of Use or the Privacy Policy, as the case may be, shall remain in full force and effect.
 

(iv)Cascades' failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, which shall remain available to Cascades
 

(v)The section headings of the Terms of Use and the Privacy Policy are for convenience purposes only and have no legal or contractual effect.
 

(vi)The parties acknowledge having expressly required that these Terms of Use and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.