TERMS AND CONDITIONS OF USE FOR ÉLANCE INC.

1. INTRODUCTION

Please carefully read the Terms and Conditions of Use (hereinafter referred to as "Terms of Use") of Élance Inc., a company headquartered at 4505 Avenue Trenholme, Montreal (H4B 1X8), in the province of Quebec, Canada (hereinafter referred to as "Élance Inc.").

Élance Inc. operates the website elancedei.com (hereinafter referred to as the "Website") as well as its online platform (hereinafter referred to as the "Platform"). By deciding to use the Website, the Platform, or the services of Élance Inc., the end user, understood as the final user, or the organization you represent or work for (hereinafter the "User" or the "Users") accepts all the Terms of Use indicated below.

These Terms of Use have the effect of legally binding the User and Élance Inc. (hereinafter the "Parties"). The Parties are entitled to invoke these Terms of Use and take all necessary and useful measures to enforce them.

If the User does not accept these Terms of Use or, as the case may be, the Terms of Use as modified from time to time, they must not, or must no longer, use the Platform, the Website, or the services of Élance Inc.

2. ACCESS AND USE OF THE WEBSITE AND PLATFORM

By navigating the Website or Platform, you acknowledge that you have read, understood, and accepted the Terms of Use.

The Website and Platform are accessible from any computing device (desktop, smartphone, tablet, etc.) and on all updated browsers. However, older browser versions may result in security issues or incompatibilities.

For optimal use, we recommend using the latest versions of Google Chrome or Mozilla Firefox.

3. THE SERVICE

The Platform is accessible at all times, subject to periods of maintenance, technical interruptions, or force majeure events. Élance Inc. strives to limit service interruptions and plans updates at times when traffic is low. However, Élance Inc. cannot guarantee continuous or uninterrupted access to the Platform and is not responsible for inconveniences caused by these interruptions, except in cases where a legal obligation imposes specific liability.

Élance Inc. does not guarantee that the Platform, or any part of it, will function on all types of equipment or devices. Users are responsible for ensuring that their hardware and software meet the recommended technical specifications. The Platform may be affected by malfunctions or delays inherent to the use of the internet and electronic communications.

Élance Inc. reserves the right, at any time and without notice, to add, delete, or modify any content or functionality on the Platform, except for content belonging to the User. Élance Inc. assumes no liability for errors, typographical mistakes, or technical bugs, though it strives to correct these as soon as they are reported.

Each User is the owner of the content they create on the Platform and may request its deletion at any time by contacting Élance Inc. However, Élance Inc. cannot guarantee the immediate removal of this content across all environments or backup copies due to technical constraints.

4. USER OBLIGATIONS

Each User of the Platform or Website agrees, but is not limited to, refraining from:

• Using them in a way that could damage, disable, overload, or compromise the Platform;
• Disrupting security or otherwise abusing the Platform or Website, or any services, system resources, servers, or networks linked to them or affiliated or accessible through them;
• Interfering with or disrupting the use or enjoyment of the Platform or Website by other services or affiliated or linked sites;
• Uploading, posting, or otherwise transmitting a virus or other harmful, disruptive, or destructive file or program;
• Using a robot, spider, or other automatic device or manual process to monitor or copy pages or their content;
• Transmitting through the Platform emails, chain letters, spam, or other forms of mass unsolicited emails;
• Attempting to gain unauthorized access to the Platform or certain restricted portions of it. Additionally, the User agrees to be solely responsible for all actions and communications undertaken or transmitted to or for their account and to comply with all applicable laws regarding their use or activities on the Platform; and
• Attempting to obtain data from any person through the Platform or from the data derived from it.

5. INTELLECTUAL PROPERTY

Unless otherwise stated, all intellectual property rights (trademarks, copyrights, etc.) (hereinafter referred to as "Intellectual Property") associated with the Website and Platform are the exclusive property of Élance Inc. You may not copy, use, reproduce, publish, distribute, modify, or exploit, in any way, the elements of the Website or Platform without the prior explicit written consent of Élance Inc.

5.1 Trademarks and Copyrights

Certain elements of the Website and Platform, such as names, words, titles, expressions, logos, icons, graphics, designs, domain names, or other content, constitute trademarks, trade names, or copyrights, registered or unregistered (hereinafter referred to as "Trademarks"). These elements are protected under applicable Canadian and international laws, and any unauthorized use constitutes a violation of the law.

5.2 Authorized Use

You are permitted to view, download, and print content from the Website and Platform solely for personal, non-commercial, and educational purposes, provided that the content is not modified. All copies of such content must include copyright notices, trademark notices, and other Intellectual Property mentions. This permission is non-transferable and does not constitute a license to another person or entity.

5.3 Modification and Liability

Élance Inc. reserves the right to modify, add, or delete any content on the Website or Platform at any time without notice. Élance Inc. does not guarantee that the content of the Website or Platform is error-free but commits to correcting any errors reported within a reasonable timeframe.

5.4 License Granted by the User

By submitting or uploading any content to the Website or Platform, you grant Élance Inc. a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, reproduce, publish, modify, publicly display, create derivative works, and distribute such content, solely in connection with the operation, promotion, or improvement of Élance Inc.'s services.

5.5 License Limitations

Nothing in these Terms of Use shall be interpreted as granting the User any explicit or implicit license or right under copyright or trademark laws, except within the limits provided in this section.

6. EXTERNAL LINKS

When using hyperlinks on the Website or Platform, the User may be redirected to external content (hereinafter referred to as "External Websites"). Élance Inc. provides these links solely for convenience and informational purposes and does not control their content. As such, Élance Inc. cannot guarantee their accuracy, completeness, timeliness, or relevance.

Élance Inc. does not intervene in the transmission of information between the User and External Websites. It does not select or modify the information exchanged and does not store such data, either temporarily or permanently. Consequently, any responsibility regarding the content, information, or interactions accessible via these External Websites lies exclusively with their respective operators.

Additionally, Élance Inc. cannot guarantee that the External Websites comply with applicable laws, particularly in terms of copyright, trademarks, or data protection. Users access these External Websites at their own risk and are encouraged to consult the terms of use and privacy policies of these websites.

Finally, no guarantee is provided regarding the authenticity of documents, information, or content available on these External Websites. In case of doubt or incompatibility between external content and applicable laws, Users are invited to contact the operator of the website in question directly.

7. SOCIAL MEDIA

The following conditions apply when you access a social media page, a User account, a website, a network, or any application contained therein, designed and managed by a social media platform (individually referred to as "Social Media" and collectively as "Social Media Platforms").

7.1 General Statement

By using Élance Inc.'s Social Media pages and submitting a comment, photo, video, or any other content, you agree to these Terms of Use as well as Élance Inc.'s Privacy Policy. You also agree to the terms of use of each third-party Social Media provider. By submitting any content, you expressly consent to Élance Inc.'s use, copying, editing, publishing, translating, or distributing of this content without any financial or other compensation to you.

7.2 Social Media Terms of Use

Élance Inc. encourages respectful interactions on its Social Media pages but does not tolerate certain content or behavior. You agree not to post or submit information, links, or content that:

• Is defamatory, abusive, or obscene;
• Is counterfeit or misleading;
• Violates intellectual property rights or the privacy of others;
• Breaches any applicable law or encourages illegal activities;
• Constitutes advertising, promotional materials, or unsolicited solicitations (spam);
• Contains personal or financial information about yourself or someone else;
• Misrepresents its origin or source;
• Contains malicious, abusive, or vexatious critiques or comments; or
• Is deemed by Élance Inc. to be contrary to these Terms of Use or inappropriate.

Any content deemed non-compliant with these criteria may be removed by Élance Inc. at its sole discretion, without notice, and without incurring liability.

7.3 Lack of Control and Responsibility

Élance Inc. does not guarantee proactive moderation of comments, messages, or other content posted on its Social Media pages. Opinions expressed by Users on Social Media do not necessarily represent those of Élance Inc.

Additionally, Élance Inc. disclaims all responsibility for:

• Decisions or actions taken by a User or any other party as a result of interactions on its Social Media pages;
• Direct or indirect losses or damages arising from the use of Social Media Platforms or their content;
• The privacy policies, practices, or content of the Social Media Platforms themselves.

7.4 User Commitment

You acknowledge that accessing Social Media Platforms is at your own risk. Élance Inc. is not responsible for the practices, actions, or policies of third-party Social Media Platforms. You are encouraged to read and adhere to their respective terms of use and privacy policies before posting any content or interacting on their platforms.

8. DISCLAIMER, WARRANTY EXCLUSION, AND INDEMNIFICATION

Élance Inc. provides the information, features, and services available on its Website and Platform "as is," without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except in jurisdictions where such exclusions are not permitted.

8.1 Limitation of Liability

Élance Inc. disclaims all responsibility for the accuracy, completeness, relevance, quality, or timeliness of the information available on the Website and Platform. You acknowledge that your use of these services is at your own risk.

Élance Inc. assumes no responsibility for:

• Content created or shared by Users on the Website or Platform;
• Direct, indirect, incidental, special, or consequential damages, including but not limited to lost profits, revenue, or data resulting from the use of or inability to use the Website or Platform, even if Élance Inc. has been advised of the possibility of such damages;
• Interruptions, malfunctions, or technical errors related to the operation of the Platform or services, particularly those caused by factors beyond its control, such as network outages or malicious attacks.

If you are a consumer under the Québec Consumer Protection Act, some of the above limitations or exclusions of liability may not apply to you. In such cases, you may have additional rights provided by law.

8.2 User Obligations

Each User is solely responsible for the content they create, share, or transmit via the Platform or Website and must comply with all applicable laws, including those of Québec and Canada. Élance Inc. cannot be held liable for the actions or content published by Users.

8.3 Indemnification

By using the Website or Platform, you agree to indemnify and hold Élance Inc., as well as its directors, officers, employees, agents, and partners, harmless from any claims, losses, liabilities, or expenses (including legal fees) arising from:

• Your use of the Website or Platform;
• Your violation of these Terms of Use;
• Or any claims related to content posted or transmitted by you or a third party using your account.

8.4 Compliance with Applicable Laws

You agree not to use, export, copy, or adapt the information available on the Website or Platform in any way that violates applicable laws and regulations, including but not limited to Canadian laws on intellectual property and data protection.

9. MODIFICATION OF THESE TERMS

Élance Inc. may occasionally update these Terms of Use to reflect changes to its services, applicable laws, or operational requirements. Any modifications will be included in an updated version of the Terms of Use available on the Website and Platform.

Before the effective date of any significant modifications to these Terms of Use, Élance Inc. will notify the User at least thirty (30) days in advance. This notification will be sent by email or any other relevant communication method, along with a link to view the detailed modifications on Élance Inc.'s Website.

If the User does not agree to the modifications, they must stop using the Website, Platform, and services before the effective date of the updated Terms of Use. Continued use of the Website or Platform after this date constitutes acceptance of the modifications and agreement to be bound by them.

10. INTERPRETATION

The headings of the sections above are inserted for reference purposes only and will not affect the construction or interpretation of the provisions in these Terms of Use.

Whenever the context requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine gender also includes the feminine and vice versa.

11. Contact

For questions or comments about the Website or Platform, contact Élance Inc. at

Last updated on November 30, 2024.