Terms and conditions

Terms and conditions

Welcome to EMBLM. EMBLM’s legal entities are MAB Profil Inc. (Québec/Beauce/Lévis workplaces), Bureautique N. Maltais Inc. (Estrie’s worplace) and Solutions Zoom Inc. (Laval’s workplace). 

EMBLM offers you website features and other services when you visit EMBLM.com or make purchases there, use the services of EMBLM.com.  EMBLM provides EMBLM.com subject to the following conditions. The use of EMBLM.com is governed by these terms and conditions. Please read them carefully. Your use of EMBLM.com is your commitment to these terms and conditions.

EMBLM reserves the right to update or amend these Terms and Conditions at any time without notice. For this reason, it is suggested that you review these terms and conditions at the time of each visit to the EMBLM website.

Confideniality

Please read EMBLM’s Privacy Policy, which also governs your use of EMBLM.com, to learn more about EMBLM’s practices.

Electronic communications

When you use EMBLM.com or send emails to EMBLM, you communicate electronically with EMBLM. You therefore agree to receive electronic communications from him. EMBLM will contact you by email or posting notices on EMBLM.com. You acknowledge that the agreements, notices and other communications we transmit to you electronically meet any legal requirement that such communications be made in writing.

All content appearing on or made available through EMBLM.com (such as text and graphic elements, logos, icons, illustrations, audio clips, digital download, data compilations and software) is the property of EMBLM or its content providers and is protected by Canadian and international copyright laws. The compilation of all content appearing on or made available through EMBLM.com is the exclusive property of EMBLM and is protected by Canadian and international copyright laws.

Trademark

Graphics, logos, page headers, icons, scripts and service names appearing on or made available through EMBLM.com are trademarks or the image of EMBLM in Canada and other countries. Trademarks and the image of EMBLM may not be used in connection with products or services not covered by EMBLM if such use may be confusing to customers or if it may be detrimental to EMBLM. All other trademarks not owned by EMBLM that appear on EMBLM.com are the property of their respective owners, which may or may not be related to EMBLM.

Authorization and access

Provided that you comply with these Terms of Use and pay all applicable fees, EMBLM or its content providers grant you limited, non-exclusive, non-transferable permission, and no right to sub-grantlicense, to access and use the EMBLM.com Services personally and non-commercially. This authorization excludes: the use of any list of products, descriptions or prices; any download or copy of account information for the benefit of another merchant; any use of data mining, collection and retrieval tools. EMBLM.com and its licensors, suppliers, publishers, rights holders or other content providers retain and reserve all rights not expressly granted to you by these Terms of Use. The EMBLM.com site or portion thereof may not be reproduced, in whole or in part, nor copied, sold, resold, visited, or operated for any commercial purpose without the express written permission of EMBLM. You may not frame any trademark, logo or other proprietary information (including graphic and textual elements, layout and forms) of EMBLM without the express written permission of EMBLM. You are not permitted to use metatags or any other “hidden text” using the name or trademarks of EMBLM.com without the express written permission of EMBLM. You must not make inappropriate use of EMBLM.com. You may only use EMBLM.com in accordance with the law. Licences granted by EMBLM will be terminated if you do not comply with these Terms of Use.

Communications and other content

You may submit suggestions, ideas, comments, questions and other information, provided that its contents are not unlawful, obscene, threatening, defamatory, or invasive of privacy, does not infringe intellectual property rights or harm third parties or is not reprehensible, does not introduce computer viruses, does not contain political discourse, commercial solicitation, chain of letters, Direct mail or any form of spam or unsolicited commercial electronic messages. You may not use a false email address, impersonate an individual or entity, or mislead about the origin of any content.

If you submit content, unless otherwise specified by EMBLM, you give EMBLM the non-exclusive, royalty-free, perpetual, irrevocable and fully assignable right to use, produce, reproduce, modify, adapt, publish, represent, translate, create derivative products, distribute, communicate to the public by telecommunication and display such content anywhere in the world and on any medium. You give EMBLM and its assignees the right to use the name you submit in connection with such content, if they so wish. You represent and warrant that you own or control all rights to the content you post; that this content is accurate; that the use of the content provided does not violate this policy and will not cause any harm to any natural or legal person. And you warrant that you will indemnify EMBLM for any claims arising from the content you provide.

Product availability

EMBLM reserves the right, without prior notice or obligation, to discontinue or modify the features of the products and services offered on this website. The products presented on this site are not available in all EMBLM stores.  Please refer to the asterisk associated with a brand for those with limited availabilities.

Product descriptions

EMBLM tries to ensure the highest possible accuracy of EMBLM.com. However, EMBLM does not warrant that the product description or any other content on EMBLM.com is accurate, complete, reliable, current or error-free. If a product offered by EMBLM.com does not conform to its description, your only recourse is to return it, in its original state.

Color of products

The colours of the products on EMBLM.com have been reproduced as accurately as possible. However, because the colors displayed vary from one display device (such as a monitor) to another, EMBLM cannot guarantee that the colors visible on your display device match the actual colors of the products.

Pricing

All prices displayed are in Canadian dollars, excluding taxes, delivery and assembly, and are valid only in Canada. EMBLM reserves the right to change its retail prices at any time without notice.

For items sold on EMBLM.com, EMBLM cannot confirm the price of an item until you place an order. Despite EMBLM’s best efforts, a small number of items in its catalogue may display an incorrect price. If the exact price of the item is higher than the displayed price, EMBLM may, at its discretion, contact you for instructions before shipping or cancel your order and advise you accordingly.

Disclaimer of warranties and limitation of liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE QUEBEC CONSUMER PROTECTION ACT, DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR THE EXEMPTION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXEMPTIONS, EXCLUSIONS OR LIMITATIONS SET OUT BELOW MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMBLM EXCLUDES ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). EMBLM DOES NOT WARRANT THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS ON THE EMBLM.COM SITE, IN THE INFORMATION, CONTENT, ELEMENTS, PRODUCTS OR OTHER SERVICES INCLUDED IN OR MADE AVAILABLE TO YOU THROUGH THE EMBLM.COM SITECI, ITS SERVERS, ELECTRONIC COMMUNICATIONS OR EMAILS FROM EMBLM.COM. EMBLM WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF ITS SITE OR THE INFORMATION, CONTENT, ELEMENTS, PRODUCTS OR SERVICES INCLUDED IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, UNLESS SPECIFICALLY STATED OTHERWISE.

Applicable laws and disputes

(Not applicable to Quebec consumers)  Any claim or dispute in any way relating to your use of the EMBLM.com site, or any product or service sold or distributed by EMBLM.com or through the EMBLM.com site, will be resolved by arbitration between the parties, rather than by legal action, except that you can file your claims in small claims court if your claims qualify.

There is no judge or jury at adjudication, and the right to judicial review of an arbitral award is restricted. However, an arbitrator may award on an individual basis the same damages and remedies as a court (including an injunction and declaratory remedy or statutory damages), and must comply with these Terms of Use as a court would do.

You and EMBLM agree that dispute resolution proceedings will be conducted on an individual basis only and not through a class action, joint representation or representative claim.  If, for any reason, a claim proceeds before a court rather than by arbitration, EMBLM and you waive any right to a trial by jury. You and EMBLM also agree that you may, and EMBLM may, file an application with a court of law to cease the violation or other inappropriate use of intellectual property rights.

For Quebec consumers: these Terms and Conditions and any disputes that may arise between you and EMBLM are governed by the law of the Province of Quebec, without regard to its conflict of laws rules, and the laws of Canada applicable therein and any dispute shall be submitted to the courts of competent jurisdiction of the District of Québec (Québec).

Site policies, modifications and divisibility

EMBLM reserves the right to make changes to EMBLM.com, its policies and these Terms of Use at any time. Should any of these conditions be found to be invalid, void or unenforceable, such condition shall be considered divisible and shall not affect the validity and enforceability of the other conditions.

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