Terms of Use

All services and information made available to users by the Fédération des caisses Desjardins du Québec and, depending on the Service used, Desjardins caisses and some subsidiaries (hereinafter called "Desjardins") via desjardins.com are covered by the terms and conditions described below. By registering for and using the Desjardins site, you agree to abide by these terms and conditions.

Desjardins reserves the right to change the terms and conditions at any time without advance notice. In such cases, Desjardins may post change notices directly on the site or may insert links to such change notices.


Jurisdiction

The site will be governed by and construed in accordance with the laws of the province of Quebec. All disputes, controversies, or claims arising out of or in connection with the site shall be submitted to and be subject to the jurisdiction of the courts of the province of Quebec. Thus, in the event of any suit, action, or proceeding arising out of or in connection with this site, the courts of the province of Quebec will have exclusive jurisdiction.

Information from this site regarding Desjardins products and services is intended for use in Canada only, in provinces where such products and services may lawfully be offered for use and/or sale, and neither use nor sale is intended where prohibited by law.


1. Description of services

The Fédération des caisses Desjardins du Québec ("Desjardins") currently provides users with a wide selection of online services. These include communication and transactional tools, services provided by merchants, personalized content, personalized e-mail messages, and the products and services marketed through Desjardins' service network (collectively "the Service").

Unless otherwise specified, any new feature that enhances or augments one or more existing services, or any new service launched by Desjardins, will be subject to the Terms of Use in effect for this site.

You alone are responsible for paying the costs associated with use of the Service, such as Internet connection charges or fees charged for connecting to networks that provide access to Internet content. As well, you are responsible for acquiring any equipment needed for such connections.

2. User identification

You are not required to identify yourself when making use of the Service, except when such identifying information is required to access the site's transactional tools. At the same time, the more accurate, complete and current your personal information, the easier it will be to tailor the Service to your requirements.

3. Protection of personal information

Desjardins is keenly aware of the need to protect your security and privacy, particularly in regard to any information you provide to Desjardins while making use of the Service.

Please refer to the site's Confidentiality statement for details about Desjardins' practices in this area.

4. Protection of children

Desjardins is concerned about protecting children who use this site.

We invite parents to monitor their children's Internet usage and to bear in mind that the services provided via the Desjardins site are designed to appeal to a broad audience. Therefore, as the legal guardians of their children, parents are responsible for


determining which services may or may not be appropriate fortheir children and monitoring their use in this regard
5. User ID, passwords and security

When you register for the Service, you must choose a user ID and password that will enable you to access the Service.

Likewise, when you complete the e-mail registration form, you will receive a Web address, which will also serve as a password. The Web address will allow you to access your registration profile and to make any necessary changes.

You alone are responsible for protecting the confidentiality of your user ID and passwords as well as the confidentiality of any actions undertaken in regard to the identification or password authentication process.

Moreover, you are responsible for immediately notifying Desjardins about any unauthorized use of your user ID or passwords and any other security breach, as well as for taking every possible precaution to ensure that you use the Service under optimal security conditions.

To find out more about security measures concerning the use of desjardins.com and its personalized version, please read this site's Security statement.

Desjardins is in no way liable for any loss or damage arising from a failure to comply with the requirements described in this Section 5.

6. Restrictions on use of content

It is prohibited to reproduce by any means whatsoever the information, data, text, software, music, sounds, photos, images, videos, communications and other materials (collectively "Content") included with the Service.

More specifically, it is prohibited to:


1. forge headers or otherwise manipulate content transmitted through the Service
2. upload, post, e-mail, transmit or otherwise make available any Content that contains computer viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer, application or telecommunications equipment (this list may include other elements without limitation)
3. interfere with, disrupt, or make abusive use of the Service, or servers or networks connected to the Service, or refuse to comply with any requirements, procedures, general regulations or regulatory provisions applicable to networks connected to the Service
4. infringe, whether intentionally or not, any existing national or international laws or regulations, or without limitation, any regulations adopted by the Québec securities commission (CVMQ), the Montreal and Toronto stock exchanges, FTSE, NIKKEI, Dow Jones and Nasdaq, or any other rules or regulations with force of law
5. collect and store personal information relating to other users
6. sell, resell or operate on any commercial basis whatsoever any portion of the Service or any use of the Service or access privileges associated with the Service

7. Links to outside Web sites

The Service or third parties may include links to other Web sites or other Internet sources. Since it has no control over these outside sites and sources, Desjardins is not responsible for their availability, nor can it assume any responsibility for the content, links, advertising, products, services or other materials made available by or through such external sites or sources. Furthermore, Desjardins is not liable for any loss or damage, caused or alleged to be caused by, or arising in connection with, the use of or reliance on Content, products and services made available on these outside sites or sources.

Consequently, it is up to you to exercise discretion in your use of such Content. Likewise, you are responsible for assuming all inherent risks, particularly when you rely on the timeliness, usefulness or completeness of the content made available on or through the sites or sources referred to by the Service.

Links leading to software download sites are provided for your convenience; Desjardins is not liable for any difficulty arising from the download of any such software applications.


8. Access to Desjardins caisses microsites

Each Desjardins caisse is solely and entirely responsible for the information conveyed in the pages of its microsite on desjardins.com.

9. Financial and other information

Stock quotes, investment fund values, exchange rates, interest rates and other similar financial data as well as the various product features posted on desjardins.com are provided for your information only. This information originates from a variety of sources and is updated on a regular basis. Despite every effort to present information that is as up to date as possible, Desjardins, its officers, managers, employees and agents are in no event responsible for the consequences of any inaccurate information or for any damage sustained as a result of using such information.

10. Statement on financial information and advice

The Service is provided to you for information purposes only. Therefore, content disseminated in connection with the Service is not destined to be used in conducting transactions or making investment decisions. Desjardins will not assume any responsibility for the Content or the accuracy of all or part of the information transmitted in connection with the Service. Likewise, Desjardins will not be responsible for investment orders or decisions based on such information.

11. Information use and storage

Desjardins may establish general rules and deadlines concerning use of the Service. This may include, without limitation, determining the maximum number of days of account inactivity and the maximum number of times you may access the Service during a given period of time (as well as the maximum duration of each access session).

Furthermore, Desjardins is in no way responsible for the personalized settings of site users and does not make any warranty with respect to the deletion of your data or any failure to preserve your data.

12. Changes made to the Service

Desjardins reserves the right at any time to change, temporarily suspend or terminate the Service in whole or in part without informing you in advance. In no event will Desjardins be liable to you or to any third party for a modification, suspension or termination of the Service.

13. Termination

Desjardins reserves the right to terminate access privileges in whole or in part relating to your ID and passwords and to even delete your ID and passwords.

Desjardins also has the right to remove or relocate any Content made available as part of the Service. This may be done for any reason, including lack of use or in situations where Desjardins has good reason to believe that you have violated the Terms of Use applicable to this site.

Any termination of your access to the Service consistent with the established Terms of Use will take place without advance notice of any kind. Desjardins also reserves the right, at any time, to de-activate or delete with immediate effect any folder or any file within a folder, and/or to prohibit future access to such files or to the Service itself.

In no event will Desjardins be liable to you or to any third party for the termination of your Service access.

14. Dealings with merchants

Any dealings with merchants relative to the Service are strictly between you and the merchants concerned. This applies to any correspondence, business relationship or participation in promotions organized by merchants through the Service, including the payment and delivery of goods or services, and, if applicable, any other terms, conditions, warranties or representations arising from these transactions. Consequently, Desjardins will in no way be liable for any loss or damage of whatsoever nature arising from such dealings or, more generally, from the participation of merchants in connection with the Service.

15. Desjardins and intellectual property

The Service and any software or applications used in connection with the Service ("Software and Applications") may contain confidential information protected by existing intellectual property laws or other legislation.

Content included in advertising and information made available to you as part of the Service or presented by merchants in connection with the Service are protected by the laws applicable to copyright, trademarks and patents and by any other rights set forth in existing legislation.

Unless expressly authorized by Desjardins or by a merchant, it is therefore prohibited to:

copy, alter, rent, borrow, sell, distribute or create derivative works based in whole or in part on the Service or related Software and Applications
reverse engineer, disassemble or otherwise attempt to locate the source code (except as provided for by law) or to sell, assign, sub-license or transfer in any way the rights attached to the Software and Applications
modify the Software and Applications in any way or to use modified versions of the Software and Applications in order to gain unauthorized access to the Service or for other purposes not limited to this
access the Service by any means other than the interface provided to you by Desjardins for this purpose

16. Warranties

1. The Service is provided to you and is accessible to you based on its availability. Desjardins makes no warranties, either express or implied, including but not limited to warranties as to the quality of the Service or its fitness for a particular purpose, or as to the non-infringement of the Service's Terms of Use by users.
2. More specifically, Desjardins does not warrant that:
(i) the Service will operate without interruption or error or in a secure and timely manner
(ii) results obtained by using the Service will be accurate and reliable
(iii) the quality of any product, service, information or other materials purchased or obtained by you in connection with the Service will meet your expectations
(iv) defects in the Software and Applications, if any, will be rectified
3. You alone will be responsible for any damage sustained by your computer or any loss of data that may result when downloading material
4. No advice or information, whether oral or written, obtained by you from Desjardins or in the course of using the Service may be construed as creating any warranty not expressly stipulated in the site's Terms of Use.

17. Limitation of liability

To the fullest extent possible pursuant to applicable law, Desjardins will in no way be liable for any direct or indirect damage, including without limitation the loss of profits, customers or data, or other loss of intangible assets, even if Desjardins has been advised about the possibility of such damage, that may arise:
(i) from the use or inability to use the Service
(ii) following unauthorized access to the Service by a user or following a change in your transmissions or your database
(iii) from the actions or conduct of a third party in the course of using the Service

18. Copyrights and trademarks*

All information on this Website is protected by copyright. Users may only copy its contents for their own personal use. No one may redistribute, reproduce, republish, store in any medium, retransmit, or modify the information on this Web site for commercial purposes without the written authorization of Desjardins, or make public use thereof without crediting the source.

All trademarks and logos (including certain names, words, titles, drawings, illustrations and icons) appearing on the site are trademarks or registered trademarks of Desjardins or third parties. Any use of these trademarks is strictly forbidden without the owner's written authorization. Any unauthorized downloading, retransmission, or other copying or modification of trademarks and/or site content may be a violation of federal or other laws applying to trademarks and/or copyrights and could subject the copier to legal action.

*VISA is a trademark of VISA International, Inc.


19. Miscellaneous

The Service Terms of Use represent the entire agreement between Desjardins and you with regard to use of the Service and they supersede any prior agreement between you and Desjardins concerning use of the Service. You may also be subject to additional Terms of Use specific to certain services, third party content and third party software that will be disclosed to you once you access such services, content or software. The failure by Desjardins to exercise any rights conferred upon it by virtue of the Terms of Use in no way constitutes a waiver of such rights. Should any provision of these Terms of Use be judged to be invalid by the decision of a court, all other provisions will remain in effect and continue to apply. The section titles in the Terms of Use are provided for information purposes only and have no legal effect.

Finally, the use of some Desjardins services may require compliance with additional or specific rules, conditions, provisions or guidelines that will be set forth in a separate agreement. Such rules and guidelines will be considered an integral part of these Terms of Use. In the event of any disagreement or confusion between the Terms of Use and the separate agreement, the latter will prevail.

Copyright © 2004 Fédération des caisses Desjardins du Québec. All rights reserved.
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