1.  Acceptance of Terms.

Festival Packaging Inc. ("Festival") provides its products and services to you through the www.ml-group.com Web site (the "Site") subject to the following terms and conditions (the "Terms"), which Site may be updated, modified or deleted by Festival from time to time without notice to you. You can review the most current version of the Terms at any time at: www.ml-group.com/Terms. If you do not agree to be bound by the Terms, do not use or access the Site. The Terms shall govern all sales by Festival to you and are to be read together with the applicable Festival quotes and/or invoices, the Festival warranty and the Festival privacy policy.

2.  Price.

The prices shown on the Site do not include shipping, handling and applicable taxes unless expressly provided. All prices are quoted in Canadian dollars, are valid in Canada only and are subject to change without notice. Festival reserves the right to modify at any time and without notice, the product prices, quantities and specifications as offered on the Site.

3.  Products.

Festival reserves the right at any time and from time to time to revise its product list and/or discontinue products at any time without prior notice. You agree that Festival shall not be liable to you or to any third party for any modification, suspension or discontinuance of products and/or services.

4.  Disclaimer.

4.1 THIS WEB SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER CMHC OR ANY OF ITS SUPPLIERS MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THIS WEB SITE OR THE SERVICES, OR THE ACCURACY, COMPLETENESS, QUALITY, CURRENCY OR TIMELINESS OF THE WEB SITE, THE CONTENT OR THE SERVICES OR THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, DEVICES OR COMPONENTS. USE OF THIS WEB SITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, CMHC AND ITS SUPPLIERS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION.

4.2 FESTIVAL MAKES NO WARRANTY THAT:

(i) THE SITE WILL MEET YOUR REQUIREMENTS;

(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR

(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; 

4.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND

4.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FESTIVAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

5.  Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FESTIVAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FESTIVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SITE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;

(v) THE IMPOSSIBILITY TO OBTAIN THE PRODUCTS OR SERVICES ORDERED DURING THE USE OF THE SITE; OR

(vi) ANY OTHER MATTER RELATING TO THE SITE.

6.  Exclusions and Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU.

7.  Festival Privacy Policy.

Customer data and certain other information that you provided to Festival are subject to our Privacy Policy. For more information, see our full Privacy Policy at www.ml-group.com/privacy.

8.  International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

9.  Linked Sites.

Festival's Site may provide, or third parties may provide, links to other Web sites or resources. Because Festival has no control over such sites and resources, you acknowledge and agree that Festival is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Festival 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.

10.  Exports.

You acknowledge that the products sold hereunder are subject to the export control laws and regulations of Canada and the United States, and you agree to comply with such laws and regulations.

11.  Trademarks.

"Festival", the stylized "F" and other Festival logos, product and service names are trademarks of Festival (the "Festival Marks"). Without Festival's prior permission, you agree not to display or use in any manner, the Festival Marks. The corporate and existing product and service names used and mentioned on the Site may also constitute Festival Marks.

12.  Entire Agreement.

You agree that the Terms and any document incorporated by reference or referred to herein constitute the entire agreement between you and Festival and that the Terms supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between you and Festival. In the event of a conflict between the Terms and those of a sale invoice, the terms and conditions stipulated in the invoice shall prevail.

13.  Waiver.

The failure of Festival to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

14.  Severability.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

15.  Headings.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

16.  Force Majeure.

Festival shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

17.  Laws.

The Terms shall be governed in accordance with the laws of the Province of Quebec, Canada, excluding its conflict of laws provisions. You and Festival agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Quebec, Canada.