Updated: November 18th, 2013
It is the goal of Jean-Francois Brulotte to operate Barraclou.com and its affiliate web sites in a full functional operation 24 hours a day, 365 days a year. However, there are occurences beyond our control that limit our ability to provide 100% uptime operation of all features. This document will explain our operation and detail our response plan for operational issues.
In no event shall Jean-Francois Brulotte, his agents, his independent contractors and / or Barraclou.com and its affiliate web sites be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use Barraclou.com and / or its affiliate web site(s), even if advised of such damages.
Barraclou.com and its affiliate web sites are a quite small and growing internet operation. For economic reasons Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites do not maintain redundent equipment maintained at seperate facilities to create a fail safe environment like many larger web operations. Instead we assessed the risks and manage our performance goals accordingly.
Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites operate on a shared web server which is located at our current webhoster network facilities. In the event of a hardware or software failure the site may be down for for a moment.
During some quick moments our system may be unavailable due to data backups. In most cases shutdowns occur in blocks of than less than 30 minutes in duration.
ACCEPTANCE OF TERMS THROUGH USE
The terns "You" and "your" refer to you, as a user of Barraclou.com and / or its affiliate web sites. A "user" is someone who submits, contributes, posts, accesses, browses, crawls, scrapes, or in any way uses Barraclou.com and / or its affliate sites
The terms "Barraclou.com and its affiliate web sites" and "Barraclou.com and / or its affiliate web site(s) " are used to describe, including but not limited to, http://www.Barraclou.com, http://www.Autoroutes.info, http://www.GrosChars.com, http://www.JFBrulotte.com, http://www.LaPremiereLigne.com, http://www.NationLeafs.com and any other other web site hosted and / or operated by Jean-François Brulotte and / or Barraclou.com, unless a written exception is given from Jean-François Brulotte and / or Barraclou.com and / or its affiliate web site(s).
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by Barraclou.com and / or its affiliate web site(s) and / or Jean-Francois Brulotte's Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be ordered upon request.
Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites reserve the right, at its sole discretion, to terminate any user for violation of the Rules of User Conduct.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Jean-Francois Brulotte and / or Barraclou.com and / or its affiliate web site(s).
For information on requesting such permission, please contact
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site and / or to an e-mail address hosted on the domain Barraclou.com and / or one of the web site described above by the term "Barraclou.com and its affiliate web sites", you:
grant Jean-Francois Brulotte, his agents, his independent contractors and / or Barraclou.com and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites will not infringe or violate the rights of any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites at
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. JEAN-FRANCOIS BRULOTTE AND / OR BARRACLOU.COM AND ITS AFFILIATE WEB SITES, THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS AND DIRECTORS, THEIR SUBSIDIARIES, OR THEIR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL JEAN-FRANCOIS BRULOTTE AND / OR BARRACLOU.COM AND ITS AFFILIATE WEB SITES, THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS AND DIRECTORS, THEIR SUBSIDIARIES, OR THEIR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JEAN-FRANCOIS BRULOTTE AND / OR BARRACLOU.COM AND ITS AFFILIATE WEB SITES HAS / HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BARRACLOU.COM AND ITS AFFILIATE WEB SITES AND / OR JEAN-FRANCOIS BRULOTTE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Site may provide, or third parties may provide, links to non-Barraclou.com and its affiliate web sites Internet World Wide Web sites or resources. Because Barraclou.com and its affiliate web sites have no control over such sites and resources, you acknowledge and agree that Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
INFORMATION / EVENTS
We cannot guarantee the accuracy of information and / or events listed in our site(s) and / or database (s), as they may, or not, be submitted by our visitors. We advise you to contact the event's organization to confirm this information.
Upon a request by Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites you agree to defend, indemnify, and hold harmless Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites, and their subsidiaries and other affiliated companies, and their employees, agents, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site or of information derived from this site. Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites reserve the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites in asserting any available defenses.
Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites makes no representation that materials on this site are appropriate or available for use in locations outside the province of Quebec, Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Jean-François Brulotte and / or Barraclou.com and its affiliate web sites, and any inconsistencies among the different versions will by resolved in favor of the English version.
Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites reserve the right, at its sole discretion, to accept the use of communication (whether oral, written, or electronic) in the French language and / or any other language.
SEVERABILITY AND INTEGRATION
Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites reserve the right, in their sole discretion, to terminate your access to all or part of this site, with or without notice.
Jean-Francois Brulotte and / or Barraclou.com and affiliate web sites are committed to providing service that exceeds the expectations of site visitors and those who register for our services or conduct e-commerce via our web site. This commitment extends to the expectations you may have about maintaining your privacy and that of the members of your family, when it comes to use of any "personally identifiable information" you may provide.
We believe it is important to explain our information gathering practices and the choices you can make about the way your information is collected and used, including any personally identifiable information which Barraclou.com and its affiliate web sites business partners may share with us. Our policy naturally does not apply to the practices of companies that we do not own or control or to any persons whom we do not employ or manage.
Personally identifiable information is collected by us when you register for our services, decide to place an order (personally or as gifts for others), enter a contest, participate in a survey, or make a general inquiry. We may also receive personally identifiable information you have volunteered to one of our business partners. The information requested when you register with us may include the following: name, address, postal / zip code, phone / fax number, age or date of birth, and e-mail address. If you elect to place an order with one of our business partners, participating merchants, or advertisers, you will need to volunteer additional fulfillment-related necessities, including shipping preferences and credit card information. With regard to surveys or contests in which you elect to participate, we may request additional demographic information along with basic information regarding your reading, hobby, or personal interests and how Barraclou.com or our business partners may better serve those needs. Name, address and other contact information may be collected so that we can respond to any customer service issue, request for information or other general inquiry, along with (of course) information about the nature of your inquiry.
It is important for you to understand that no personally identifiable information is captured or retained unless you directly volunteer it. Once volunteered, you are not anonymous to us.
USES OF INFORMATIONS
The fundamental (and essential) use of the information we collect is to respond and fulfill your needs as a web site visitor, registrant or customer. In other words, the information is necessary and is used to transact the e-commerce you wish to conduct via our site, to fulfill your desire to enter a contest, to acknowledge your interest in participating in a survey, or to resolve the customer service matter or other inquiry you have brought to our attention. We also use the information to contact you about specials and new products, to tailor the advertising and content you see on our pages according to your interests. On occasion and only for those who are 13 years or older your personally identifiable information may be made available to other reputable companies or organizations for marketing or information gathering purposes. You may request to be excluded from all such promotional efforts by contacting us directly or by taking other proactive measures, as specified below.
Demographic and other information volunteered in connection with surveys are used primarily for internal purposes to improve our responsiveness and/or that of our business partners, participating merchants and advertisers to your wants, needs, interests, opinions and suggestions. On occasion, the aggregate findings and results of such surveys may be published as a matter of general interest to the respondent groups who provided the information, and/or for the benefit of trade associations or others who may occasionally sponsor such surveys. In all such cases, the aggregate findings and results are reported "blind" without identifying any individuals from whom the data was collected.
MAINTAINING YOUR PERSONAL PRIVACY AND SECURITY
All personally identifiable information, which you provide, is password-protected for your privacy and security. All data transmission of credit card information sent by you to us or forwarded by us to participating merchants for fulfillment purposes is "encrypted" using industry-standard Secure Sockets Layer (SSL) technology. "Encryption" is used to prevent the information from being intercepted.
At the time you volunteer personally identifiable information and at anytime thereafter you can direct us not to use this information for marketing or informational mailings or to otherwise share this information with business partners, participating merchants, advertisers or other reputable third parties. If you do so, your personally identifiable information will be flagged in our system as "do not promote" to correspond with your request. The easiest way to do this is to go to our home page, select the "update profile" option, and answer "no" to the question that pertains to the use of your personally identifiable information for promotional purposes.
You can also "opt out" by sending such directions to Barraclou.com and its affiliate web sites at
SPECIAL PRIVACY PROTECTIONS AND SAFEGUARDS FOR CHILDREN
Barraclou.com and its affiliate web sites encourage parents and guardians to spend time online with their children and to participate in the activities offered on our sites. Although we also encourage and specifically direct all children to please ask your parents for permission before sending any information about yourself over the Internet, it is not possible within the capability of current technology for anyone to know for certain who is transacting business with them online. We cannot and do not ask minors to provide or disclose more information than is necessary from any other visitor or customer in their dealings with us.
Unless otherwise disclosed during collection, Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites do not use or provide any personally identifiable information from registrants under the age of 13 for marketing or promotional purposes, except as may be explicitly stated during registration for specific contests or promotions; and if that is the case, the information is used only for that specific contest or promotion.
Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites may change this statement. It was written and based on the industry standards and jurisprudence. If there are any significant changes to this statement, we will alert all of our members by publishing a notification on the home page of our web site(s) before the new policy goes into effect.
Those terms of service are effective November 18th, 2013 for all users, then update and supersede all previous versions. The changes to the terms of service are to clear up some minor details and to keep this document contents up-to-date.
© 2001 - present, Jean-Francois Brulotte and / or Barraclou.com and its affiliate web sites