Terms of service

MONTRÉAL B-BOARD TERMS OF USE

Please read the Terms of Use (hereinafter "Terms of Use") below of Montréal B-Board, a company whose head office is located at 7377, rue François-Perrault, in the city of Montréal (H2A 1L5), province of Quebec, Canada (hereinafter "Montréal B-Board"), carefully. 

Montréal B-Board operates this website (hereinafter "Platform"). By deciding to use the platform, services, and products of Montréal B-Board, the user, understood as the end user or the organization you represent or work for (hereinafter the "User" or "Users") accepts all the Terms of Use indicated below, which govern the content and use of the Platform and products, as well as the "Privacy Policy" (found following these) of Montréal B-Board. 

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

The User accepts and acknowledges that Montréal B-Board has the right, at any time and without notice, to amend, change, or update the Terms of Use. 

The User's use of the Platform and products after such an amendment means that the User consents to comply with the Terms of Use, as amended, and agrees to be legally bound by them. Montréal B-Board will attempt, to the extent possible, to inform Users of any changes to these Terms of Use. Nevertheless, it is the User's responsibility to review them regularly in order to stay informed of any changes that may be made. 

If the User does not accept these Terms of Use or, as applicable, the Terms of Use as amended from time to time, they must not, or must no longer, use the Platform or the products. 

ACCESS TO AND USE OF THE PLATFORM 

If you browse the Platform, this means that you have read, understood, and accepted the Terms of Use. 

The Platform is accessible on all browsers.

THE SERVICE

The Platform is accessible at all times. It may occur that the Platform is temporarily unavailable due to updates or technical issues. Montréal B-Board is not responsible in the event of a service interruption or update. Montréal B-Board attempts to perform updates when traffic on the Platform is at its lowest.

Montréal B-Board does not guarantee that the Platform, or any part thereof, will function on any particular computer hardware or devices. Furthermore, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Montréal B-Board reserves the right to add, remove, and modify all or part of the content on the Platform, with the exception of content specific to the User. Montréal B-Board cannot be held responsible for mistakes, typographical errors, and computer issues. Each User created in the system owns the content of their account. Montréal B-Board does not delete any content unless a User requests it. 

The User agrees, without limitation, not to: 

1. Use the Platform in a way that could damage, disable, overburden, or impair the Platform; 

1. Disrupt the security of, or otherwise abuse, the Platform, a service, a system resource, a server, or networks connected to the Platform or to affiliated or related sites accessible through the Platform; 

1. Interfere with or disrupt the use or enjoyment of the Platform by other services or affiliated or related sites; 

1. Upload, display, or otherwise transmit on the Platform a virus or other harmful, disruptive, or destructive computer file or program; 

1. Use a robot, spider, or other automatic device or manual process to monitor or copy the pages of the Platform or its content; 

1. Transmit through the Platform emails, chain letters, "spam" type messages, or other types of unsolicited mass emails; and 

1. Attempt to gain unauthorized access to the Platform or to certain portions thereof to which access is restricted. In addition, the User agrees that they are solely responsible for all actions and communications undertaken or transmitted to or on their behalf, and agrees to comply with all applicable laws regarding their use or activities on the Platform.

THE PRODUCTS

Safety rules for the use of balance boards:

• Use on a clean, smooth surface. Ideally on a dry wood floor.
• Stay near a point of support. Example: Start near a kitchen counter and use your hands to avoid losing your balance.
• Before stepping on, the roller must be positioned under one of the ends of the board.
• Always place your 1st foot on the low side of the board, i.e., the side of the board that rests on the ground first.
• The STANDARD, PRO, and SWELL Models can support up to 350 lbs (160 kg) and the PENNY Models up to 150 lbs (70 kg).

Montréal B-Board cannot be held liable for damages, injuries, accidents, direct, indirect, special, incidental, or consequential damages, or any other damage, including death, loss of income, profit, or anticipated economic benefits arising from the use or inability of the user to use the products.

The STANDARD Model is suitable for everyone from age 10 who wants to progressively introduce themselves to the concept of balance and weight transfer in preparation for board sports.

The PRO Model (without stoppers) is available and designed for people wanting to push the limits of the balance board.

The SWELL (curved shape) is intended for Balance Board experts. It is not recommended for anyone new to the sport.

The PENNY Model is ideal for younger children under 10 years old who want to progressively introduce themselves to the concept of balance and weight transfer in preparation for board sports. Adult supervision is required at all times. 

INTELLECTUAL PROPERTY

All intellectual property rights (trademark, copyright, etc.) (hereinafter "Intellectual Property") related to the Platform and the Courses are the exclusive property of Montréal B-Board. The User may not copy or use the material, structure, menu, appearance, or characters appearing on the Platform without the explicit consent of Montréal B-Board.

Certain names, words, titles, expressions, logos, icons, graphics, designs, domain names, or other content on the Platform may, among other things, be trademarks or trade names, registered or unregistered (for the purposes of these Terms of Use, they are all referred to as " Trademarks "). These Trademarks are protected by applicable Canadian and foreign trademark laws and are, as applicable, the exclusive property of Montréal B-Board. 

Without limiting the foregoing, the Intellectual Property elements belonging to Montréal B-Board include, without limitation, the following:

• All logos, designs, graphics, marks (registered or not), symbols, text, expressions, words, as well as all the general content of the Platform.

All information provided on the Platform belongs to Montréal B-Board and is protected by applicable laws. Unless otherwise indicated, the information may not otherwise be copied, displayed, distributed, downloaded, exploited without a license, modified, published, reproduced, reused, sold, transmitted, or used for the purposes of derivative, public, or commercial works without express written authorization from Montréal B-Board. The information is protected under the copyright and trademark legislation of Canada and the countries hosting the Platform. 

For more information regarding authorization to use, reproduce, or republish any information presented on the Platform, please contact us at the following email address: info@mtlbboard.com.

No provision herein shall be construed as conferring any license or right whatsoever upon the User under copyright or trademark law.

Any unauthorized downloading, retransmission, copying, or modification of the Intellectual Property or data contained on the Platform may violate laws, including those relating to trademarks or copyright, and could expose the User to legal action.

Content created, uploaded, submitted, or stored by the User remains their property, and they are responsible for ensuring that they have the right to use it.

EXTERNAL LINKS

By using a hyperlink, the User may leave the Platform to access external content (hereinafter "External Websites"). In addition to its own content, Montréal B-Board provides Users with links to External Websites solely for convenience and for the User's information. Montréal B-Board has no control over the content of these External Websites and assumes no responsibility for their accuracy, precision, completeness, authenticity, timeliness, or adequacy. All liability of Montréal B-Board is excluded, in particular regarding direct or indirect damages or consequences related to the use of the content of these External Websites. Montréal B-Board has no influence over the content of the External Websites to which the links refer and disclaims all liability. Montréal B-Board does not require the transmission of information, does not select the recipients of the information transmitted or the information itself, and does not modify it. Furthermore, no automatic short-term intermediate backup of these external links is performed by Montréal B-Board due to the method by which links are created and accessed. Consequently, responsibility for the content of External Websites accessible via external links lies exclusively with their owners. 

Furthermore, Montréal B-Board cannot in any way guarantee the absence of any violation of any law, including the absence of infringement of copyright, trademarks, or third-party rights by these External Websites or their content, nor the absence of viruses or other harmful components. 

Montréal B-Board makes no guarantee as to the authenticity of documents available on the Internet.

SOCIAL MEDIA

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

General Statement

By using Social Media Platform pages and submitting a comment, photo, video, or any other item, the User (as well as your parent/legal guardian if you have not reached the age of majority in the province or territory where you reside) agrees to be bound by and to comply with the Terms of Use and Privacy Policy of Montréal B-Board, as well as the Terms of Use of third-party Social Media Platform providers. You also consent to Montréal B-Board copying, editing, publishing, translating, and distributing your comment, photo, video, or other item posted on a Social Media Platform, without compensation.

Social Media Terms of Use

Some of the comments and other items posted on Social Media Platform pages may not represent the opinions of Montréal B-Board. Accordingly, the User agrees not to post or submit information, posts, links, or any other item of any kind on Social Media Platform pages that fall into any of the categories described below: 

• Any defamatory, abusive, infringing, obscene, misleading, illegal content, or content that otherwise violates the rights (including those related to the protection of personal information) of others;
• Any content containing advertising; 
• Promotional materials or any form of unwanted solicitation; 
• Any content whose origin or source has been falsified; 
• Any financial or personal information, about you or another person ; and 
• Any information that Montréal B-Board deems to be in violation of the Terms of Use. 

Any information, message, link, or item that Montréal B-Board considers to fall into one of the above categories will be removed immediately, without any liability toward Montréal B-Board. 

Furthermore, Montréal B-Board does not assume responsibility for filtering messages posted on Social Media Platforms.

Montréal B-Board disclaims all liability with respect to the entities that own or operate Social Media Platforms, including for any loss or direct or indirect damage arising from any action or decision taken by you or another person in connection with the use of Social Media Platform websites.

DISCLAIMER, WARRANTY EXCLUSION AND INDEMNIFICATION

Montréal B-Board does not guarantee the accuracy, completeness, quality, relevance, or content of the information present on its Platform. This information is provided " as is ", without any warranty or condition whatsoever, except as otherwise indicated in jurisdictions that do not allow the exclusion of implied warranties.

Montréal B-Board is not responsible for any damage that may result from the posting of content by the User on the Platform. Each User is responsible for the content they exchange on the Platform and may not use the Platform for purposes contrary to applicable Quebec and Canadian laws.

Except where the Consumer Protection Act applies, Montréal B-Board cannot be held liable for direct, indirect, special, incidental, or consequential damages, or any other damage, including loss of income, profit, or anticipated economic benefits arising from the use or inability to use the Platform, the information, documents, and software content provided therein, and their content, even if Montréal B-Board has been advised of the possibility of such damages or if such damages could reasonably have been foreseen.

As a User, you will indemnify Montréal B-Board, and, where applicable, its directors, officers, shareholders, partners, employees, agents, and other Montréal B-Board stakeholders, and release them from all liability for any claims, debts, losses, and costs (including legal fees) attributable to the use of the Platform, the products, and/or the breach of these Terms of Use, whether such breach was committed on behalf of the User or on behalf of any other third-party user on their account.

You may not use or export any information, or any copy or adaptation of the information, in violation of applicable laws and regulations. 

GOVERNING LAW AND JURISDICTION

The Platform and its content are managed by Montréal B-Board from its offices located in the province of Quebec, Canada. The Platform and its content, these Terms of Use, and your use thereof are all governed by the applicable laws of Quebec and Canada, without giving effect to any principle of conflict of laws. 

You agree that all questions and disputes concerning the Platform and your use of it shall first be brought before a mediator and, failing an agreement, decided by the courts of the province of Quebec. 

Furthermore, any court decision declaring any provision of these Terms of Use to be void or unenforceable shall in no way affect the validity or enforceability of the other provisions.

CHANGES TO THESE TERMS

Montréal B-Board will occasionally update its Terms of Use. Continued use of the Platform constitutes the User's agreement to these Terms of Use and their updates.  

The User accepts and acknowledges that Montréal B-Board reserves the right to modify or supplement these Terms of Use at any time, at its sole discretion and without notice. It is recommended that you regularly check this page, referring to the date of the last modification noted at the bottom of the page.  

However, where the Consumer Protection Act applies, Montréal B-Board will notify Platform Users thirty (30) days before the changes in question take effect. If the User objects to these changes and no longer wishes to use the Platform, they must send notice to Montréal B-Board within thirty (30) days following the effective date of the changes. 

If you object to any change made to these Terms of Use, please stop using the Platform. Montréal B-Board will attempt, to the extent possible, to inform Users of any changes to these Terms of Use. However, it is your responsibility to review them regularly in order to stay informed of any changes made to them. 

FRENCH AND ENGLISH LANGUAGE

In the event of a discrepancy in definition or interpretation between the French and English versions of this policy, the French version shall prevail.

CONTACT PERSON

If you have any questions or comments regarding any content on the Platform, please contact us at info@mtlbboard.com.

Last updated on May 10, 2021.