Your Agreement to Terms of Use. This website (the “Site”) is operated by Diana Barakat Inc. (“Diana Barakat”). The Site provides information on the services offered (the “Content”). The Site is made available to you subject to your compliance with these terms and conditions of use and the terms and conditions of the Privacy Policy and Legal Notice (collectively, the “Terms”). By accessing or using the Site, you agree to be bound by, and comply with, the Terms and represent that you understand and can agree to the Terms. If you do not agree to be bound by, and comply with, the Terms, you are not permitted to access or use the Site.

Modifications. Diana Barakat reserves the right to modify the Terms at any time. You should review the Terms regularly. By accessing or using the Site after any such modifications, you agree to be bound by, and comply with, the Terms then posted. If any modification is not acceptable to you, you must stop accessing and using the Site.

Business Relationship. Your access to, or use of, the Site does not create a professional relationship with you. Your use of the Site may facilitate access to, or communications with, employees of Diana Barakat by way of email or via the Site.

Currency of Content. The Content is provided solely for informational purposes. The Content is current as of the date of first publication but may no longer be accurate as a result of the passage of time.

Confidentiality of Communications. Diana Barakat does not guarantee the confidentiality of any communications made by you via email or otherwise through the Site.

Permitted Uses. You may access and use the Site and the Content only in accordance with all applicable laws and the Terms. By accessing or using the Site or the Content, or by displaying, saving, downloading or printing a copy of any Content, you do not acquire any other right or licence to the Site or the Content.

Links. The Site may, for convenience, provide links to websites of other parties. The content in any website to which the Site provides a link is not provided by, or under the control of, Diana Barakat, and if you choose to access any such website, you do so entirely at your own risk. Diana Barakat does not endorse any content contained on any website that links to, or may be linked from, the Site and/or does not provide any representation, warranty or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such website or the content thereon.

Prohibited Activities. You may not access the Site or use the Site or the Content in any way or for any purpose that is unlawful.

Copyright. All Site Content is property of Diana Barakat and may not be used or reproduced without prior written consent.

Your Risks. Access to, and use of, the Site and the downloading of Content are done at your own risk. Diana Barakat does not represent, warrant or guarantee that the Site or the Content is compatible with your computer systems or that the Site or the Content is or will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Site.

Disclaimer and Limitation of Liability. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCESS TO, AND USE OF, THE SITE OR THE CONTENT IS AT YOUR OWN RISK. DIANA BARAKAT DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THE SITE OR THE CONTENT. DIANA BARAKAT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, DIANA BARAKAT DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL DIANA BARAKAT OR ITS PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, WHETHER OR NOT DIANA BARAKAT OR ITS PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

General Provisions. The Terms, including any documents referenced herein, constitute the entire agreement between Diana Barakat and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Diana Barakat with respect to the Site or the Content. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any failure by Diana Barakat to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provisions or right. If any of the provisions contained in the Terms are determined to be void, invalid or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.

Governing Law. The interpretation, validity, effect and enforcement of the Terms are governed by the laws of the Province of Quebec and the laws of Canada applicable therein. These laws apply to the access and use of the Site or the Content by you, notwithstanding any conflicts of laws principles, your domicile, residency or physical location, or the location of the Diana Barakat office or any Diana Barakat Personnel and/or subcontractor with whom you may communicate or deal. The Site and the Content are intended for use only in jurisdictions where they may lawfully be provided for use.

Dispute. All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Montreal, Quebec, Canada. The language of the arbitration shall be English. You hereby consent and submit to the jurisdiction of the courts of the Province of Quebec and the Federal Court of Canada in any such action or proceeding and agree not to commence any action or proceeding except in Montreal, Quebec, Canada.

Published on May 20, 2019