TreesofLives TERMS OF USE - TreesOfLives.com

Last update: February 8, 2021

1. Introduction and scope

These terms of use (the “Terms”) with the Privacy Notice and the Cookie Notice (https://treesoflives.com/en/privacy-notice) (collectively the “Notices”) form a legal binging agreement between you (“you”, the “Visitor” or the “User”) and INVESTISSEMENT TREESOFLIVES I, S.E.C. (“TOL,” “us” or “our”) that governs your use our Website https://treesoflives.com/ (the “Website”) and our online investment platform (the “Platform”; together with the Website, the “Service”).

PLEASE READ ALL OF THE TERMS CAREFULLY BEFORE PROCEEDING TO ANY NAVIGATION, SUBSCRIPTION, CONTRIBUTION OR TRANSACTION ON THE SERVICE.

2. Acceptance of the Terms

By using the Website or by creating an account on the Platform, you accept and agree to be bound and comply with these Terms and our Notices, incorporated herein by reference. If you do not agree to these Terms or any of the Notices, you must not access or use the Service.

By creating an account on the Platform, you represent and warrant that you are at least [18] years old. If you do not meet this requirement, you must not access or use the Platform. However, should the law require that you are older than 16 years of age, the minimum age would then be the one provided by law.

If you agree to these Terms on behalf and in the name of a legal entity such as a company, corporation, partnership, etc. (referred to as a “Business”), you represent and warrant that you have the power and authority to bind such Business to these Terms and to the Notices. If you do not have the power and authority to act on behalf of and bind the Business, you must not access or use the Platform.

3. Categories of users and their rights and licenses

Users of the Service may be separated in the following categories based on the content they may access and/or use:

3.1 Users

A “User” means any person who has created a user account on the Platform.

Subject to these Terms, TOL hereby grants to Users while their account on the Platform is effective the rights and license to access and navigate the Platform and use its functionalities for their personal use.

3.2 Visitors

A “Visitor” means any person, including a User, who navigates the Website.

Subject to these Terms, TOL hereby grants to Visitors during the duration of these Terms the rights and license to access and navigate the Website and use its functionalities based on the content that is accessible to them for their personal use. Visitor have access to informational content.

4. User account and Password

In order to be able to use the functionalities of Platform, you must create a user account.

To create a user account, you must provide the following information:

- First and last name; and

- Email address and password.

It is your responsibility to protect the confidentiality of your user account and password. In the event the confidentiality of your user account would be compromised, you agree to advise us as soon as possible in order to prevent a fraudulent or unauthorized use of your account. We cannot be held liable for an unauthorized use of your user account and you accept to take responsibility for acts committed via the use of your user account.

For any request to close your account or to report an abusive or fraudulent use of your user account, please contact our Customer Service. https://treesoflives.com/en/contact/

5. Intellectual property and Ownership

You understand and agree that the Service and its entire contents, features, and functionalities, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by TOL, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

TOL’s name, TOL’s logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of TOL or its affiliates or licensors. You must not use such marks without the prior written permission of TOL. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Service are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Service for your personal and non-commercial use in accordance with the rights and licensed granted in Article 3. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, in any form or medium whatsoever except:

a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and

Users are not permitted to modify copies of any materials from this Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service. You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If you print off, copy or download any part of our Service in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Service or to any content on the Service, and all rights not expressly granted are reserved by TOL. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

6. Your Obligations

By using the Service, and without limiting the generality of what is otherwise provided in the Terms, you agree (i) to comply with all applicable laws, including, without limitation, laws protecting privacy and laws concerning intellectual property rights; (ii) to provide us with accurate information and keep it updated; and (iii) to use the Service in a responsible and reasonable manner. Moreover, you agree not to:

a) Use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;

b) Use the Service to advertise to or solicit any user;

c) Use the Service to resell any products or services;

d) Make commercial use of the Service;

e) Knowingly introduce in the Service any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or any other prejudicial content;

g) Impersonate or attempt to impersonate TOL or any TOL employee, another user or entity (including, without limitation, the use of email addresses or screen names associated with or confusingly similar to any of the foregoing);

h) Use tools or other methods to extract, mine or gather data from the Service;

i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm TOL or the users of our Service or expose us or those other users to liability;

j) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service;

k) Use the Service to send harassing or threatening messages to anyone;

l) Use any robot, spider or any other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the content of the Service or other material on the Service;

m) Attempt to penetrate security measures of the Site or obtain or bypass other users’ passwords;

n) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service; and

o) Attack the Service via a denial-of-service attack or distributed denial-of-service attack.

7. Privacy

By submitting your personal information and using our Service, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Notice and Cookie Notice (https://treesoflives.com/en/privacy-notice) , as we deem necessary for use of the Service.

8. Third-Party Websites

For your convenience, the Service may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Service. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Service may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the Service. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Service must not be framed on any other site, nor may you create a link to any part of our Service other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

9. No Reliance

The content on our Service is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Service.

Although we make reasonable efforts to update the information on our Service, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Service is accurate, complete, or up to date. Your use of the Service is at your own risk and neither TOL nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Service.

The Service [may] include**[s]** content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by TOL, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of TOL. Neither TOL nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

10. Geographic Restrictions

TOL is based in the Province of Quebec in Canada. We provide this Service for use only by persons located in Canada. This Service is not intended for use in any jurisdiction where its use is not permitted. If you access the Service from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

11. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER TOL NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER TOL NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

12. Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL TOL NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TOL, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Service, including, but not limited to third-party sites, any use of the Service’s content, services, and products other than as expressly authorized in these Terms.

14. Term and Termination

14.1 Term

Your right to use the Service begins on the date of your acceptance of these Terms and continues for an unlimited period of time (unless terminated pursuant to these Terms) therein (the "Term").

14.2 Termination for convenience

You may terminate these Terms at any time by contacting TOL team at the email address provided below or simply by deleting your account. TOL may also terminate these Terms for convenience by providing to you a five day prior notice.

14.3 Termination for cause

These Terms may be terminated by either party for cause as follows: (i) upon three days written notice if the other party breaches or defaults under any material provision of these Terms and does not cure such breach prior to the end of such three day period, or (ii) effective immediately and without notice if the other party becomes insolvent or is the subject of a voluntary or involuntary petition in bankruptcy or of corporate reorganization or any similar relief or of an assignment for the benefit of creditors or appointment of a receiver for any reason or ceases to do business, or otherwise terminates its business operations, except as a result of an assignment permitted hereunder. TOL may temporarily cease performance of its obligations during any cure period.

Upon termination of these Terms for any reason, your account, including the right to access and use the Service will cease and you shall delete any TOL proprietary material from your systems and devices.

15. Governing Law and Choice of Forum

The Service and these Terms will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the Service and under these Terms will be instituted in the courts of the Province of Quebec, judicial district of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

16. Updating and review

16.1 Applicable Version.

The Terms is in force on the first day mentioned at the beginning of said Terms and it replaces any previous versions. A history of the versions of these Terms may be obtained on request from the Customer Service https://treesoflives.com/en/contact/. The version of the Terms applicable to you, as User, is the last version that you have accepted, and as Visitor, is the version that was in force at the relevant time.

16.2 Amendments to the Terms.

Our Service is in constant evolution and accordingly, these Terms may be amended by TOL from time to time at its entire discretion. When we make amendments, we will post them on this page for a certain time to draw your attention to them, as well as posting a notice on the Website homepage to the effect that these Terms has been amended. If such amendments are substantial or require your consent, we will also notify you by email if we have your email address.

17. Notices, Complaints and Communications

Any notice which is required or permitted to be given under these Terms must be made in writing and will be deemed to have been validly given if sent by email or by registered mail to the following addresses:

Customer Service – INVESTISSEMENT TREESOFLIVES I, S.E.C.
2327 boulevard du Versant Nord #215.3
Québec (QC) G1N 4C2
Canada
Email: info@treesoflives.com

February 8, 2021TreesofLives TERMS OF USE