This document constitutes an agreement between The Jean Coutu Group (PJC) Inc. (“Jean Coutu Group” or “us”) on the one hand, and the authorized supplier of the Jean Coutu Group (the “Supplier” or “you”) as well as each of your authorized users (“User(s)”) on the other hand, as to the terms of use of the Extranet site accessed at http://extranet.jeancoutu.com (the “Extranet Site”). For the purposes of these Terms of Use (hereinafter defined), the term “Supplier” or “you” also includes the Users. This agreement is of an undetermined period and shall come into force between the parties at your first access to the Extranet Site, whether directly or through the intermediary of one of your Users.

1. ACCEPTANCE OF THE TERMS OF USE
By navigating the Extranet Site, you confirm your acceptance of the terms of use of the Extranet Site stipulated in this agreement (the “Terms of Use”). These Terms of Use may only be modified by the Jean Coutu Group and, as applicable, solely at our discretion and without notice. The continuous use of the Extranet Site by you constitutes your formal acceptance of the Terms of Use as modified and posted on the Extranet Site at the time of such use.

2. GENERAL INFORMATION
The Extranet Site was created and is operated by the Jean Coutu Group. It serves to share information between ourselves, on the one hand, and with you, on the other hand. Its goal is to initiate, facilitate and organize exchanges of information, and to negotiate and work out certain agreements between ourselves. In this perspective, the information that we display on the Extranet Site only offer general indications and in no way should be construed as offers or facts on which you may base your transactions and/or decisions, unless the Jean Coutu Group has otherwise formally confirmed such information.

Unless contrary notice by the Jean Coutu Group, any purchasing transaction between you and the Jean Coutu Group following communications on the Extranet Site are subject to our terms of purchasing.

This Extranet Site is accessible “as is” and may not be modified by you. Moreover, the Jean Coutu Group offers not guarantee as to how long the Extranet Site will remain available and reserves the right to interrupt access or to disable the site at any time at its entire discretion and without prior notice. We may not be held responsible for any damage or inconvenience that you or any third party could incur as a result of a temporary or permanent shut down of the Extranet Site. The Jean Coutu Group may control the use and the access to this Extranet Site and we reserve the right, at our entire discretion, to forbid access to this Extranet Site to you without prior notice.

3. PASSWORDS AND SUPPLIER ACCOUNTS
The account name as well as the password (collectively, the “Codes”) that we assign to you to allow you to access the Extranet Site remain the exclusive property of the Jean Coutu Group. Distinct codes are provided for each of the Users and these Codes are under no circumstances interchangeable or transferrable between Users or with regard to a third party.

Each User may modify from time to time the password that is assigned to him, subject to the approval of such a modification by the Jean Coutu Group. We reserve the right, at our entire discretion, to cancel or suspend the Codes at any time, without prior notice. The Jean Coutu Group may, at its entire discretion, manage, limit or modify the content available on the Extranet Site pursuant to the Codes.

The assigning of Codes to a User depends specifically on your willingness to provide us basic corporate information such as the name of the User and his position in the company (but solely insofar as is required to ensure compliance with the Terms of Use), as well as the access privileges and rights of this User for the Extranet Site (according to the categories determined and modified from time to time by the Jean Coutu Group). You must immediately inform us of any important change concerning the access privileges and rights of each of your Users regarding the Extranet Site.

You recognize that the Jean Coutu Group is under no obligation to verify the identity or the authority of the user of the Codes during an access to the Extranet Site and its use. Any user of the Codes is considered to be duly authorized by you and to be an authorized User. We may however, at any moment and at our entire discretion, require a proof of identity of any person who attempts to access and/or use the Extranet Site. We reserve the right, at our entire discretion, to forbid or restrict the access to the Extranet Site to any person, including, but without limiting the scope of the above, to you, at any time and without prior notice.

You are entirely responsible for the protection of the Codes assigned to your Users and you undertake to preserve their confidentiality. In the event of a change of password, you must specifically avoid any password that could be guessed or deciphered. If you have lost, disclosed the Codes or have knowledge of the non-authorized use of these, or if you suspect such a loss, disclosure or use, you are required to advise us immediately at the following address: supportfournisseur@jeancoutu.com.

You are responsible for the use of the Codes assigned to each of your Users and of any use of the Extranet Site through the use of the Codes. You are responsible towards the Jean Coutu Group for any action and/or omission taken with regard to the Extranet Site via the Codes of each of your Users or otherwise, including cases of fraud or with malice in mind of your employees and your Users.

4. INTELLECTUAL PROPERTY
The Jean Coutu Group remains the exclusive owner of all property rights on the Extranet Site, its components and its content, of servers and software underlying the Extranet Site, of any accessory documentation to the Extranet Site created or supplied by the Jean Coutu Group, as well as any other equipment used to operate the Extranet Site (except browsing hardware and software from the Supplier provided and used by him to access the Extranet Site).

Under no circumstances are you authorized to work your way up to the source code of the Extranet Site or of one of its components. To this effect, you undertake to not engage in any reverse engineering, disassembling, un-coding, reduction in a decipherable form, in whole or in part, of the Extranet Site, or of one of its components, nor to design a similar Extranet Site. Similarly, you undertake to not modify, correct or adapt the Extranet Site or one of its components or to deactivate any function of the Extranet Site or of one of its components without having obtained our prior written authorization to this effect.

The names and expressions “Jean Coutu”, “PJC”, “Personnelle” and/or any designations, logos and drawings associated to the Jean Coutu Group and available on the Extranet Site constitute trademarks, whether registered or not, and remain the exclusive property of the Jean Coutu Group (or are otherwise used in accordance with a licence agreement). The trademarks listed above serve only as an example and such a list must not be interpreted in a manner excluding any other trademarks owned or used by the Jean Coutu Group.

The Extranet Site and its content are protected by copyright. No Supplier or user of the Extranet Site may, without having first obtained the prior written consent of the Jean Coutu Group, reproduce, copy, publish, transmit, communicate or use in any fashion whatsoever the material, the information and/or the trademarks in the Extranet Site.

You are required to advise us without delay should you have knowledge or should you be informed of an action which infringes upon a right of our intellectual property rights. Should the Jean Coutu Group decide to undertake take legal action relative to any violation of its intellectual property rights, you undertake, at our request, and at our cost, to cooperate with us in all legal actions which aim at having cease any such violation and/or to compensate the persons wronged by such a violation.

5. ALLOWED USE OF THE EXTRANET SITE
Unless you have obtained a prior written authorization on our part, the only use of the Extranet Site which is allowed is restricted to purposes of exchange of information of a commercial nature with us. Any use not specifically allowed by the Terms of Use is forbidden. Specifically but without limiting the scope of the above, you agree to not allow any person, directly or indirectly (i) to make a copy of the Extranet Site or of its content; (ii) to sell, modify or attempt to modify by any means the Extranet Site or its content, or to reproduce a portion of the Extranet Site or of its content or to use a portion of the Extranet Site or of its content on any other support ; (iii) to index, to carry out a mirror copy or to collect data from the Extranet Site or its content in any form and by any means; (iv) to use the Extranet Site in any manner that could damage, hinder the operation, deactivate or overload the Extranet Site or put at risk the security or the functioning of the Extranet Site, the servers of the Extranet Site or any equipment or Internet site tied to the Extranet Site; (v) to interrupt or intercept the use by any person of the Extranet Site or of any Internet site tied to the Extranet Site; (vi) to delete or to revise any content displayed by any person; (vii) to transmit to the Extranet Site, or through the Extranet Site, spam, chain letters or any other non-solicited mass communication; (viii) to post notices, advertising or others or to solicit any other person through the Extranet Site; or (ix) to transmit any indecent, inappropriate or defamatory communications which tarnish the good reputation of the Jean Coutu Group, its related persons or any other third party or which could constitute a violation of intellectual property rights of the Jean Coutu Group, its related persons or any other third party.

You recognize that you are responsible for each action and communication that you perform when using the Extranet Site and that by way of consequence you agree to comply with all applicable laws, in addition to the Terms of Use. The Jean Coutu Group may, at its sole discretion and without prior notice, investigate or oversee the conformity of the use made by you of the Extranet Site, in accordance with the applicable laws and towards this purpose, the Jean Coutu Group reserves the right to cooperate with the competent authorities without prior notice.

6. LINKS TOWARD THE EXTRANET SITE AND LINKS WITH OTHER INTERNET SITES
The Jean Coutu Group does not assume any responsibility and offers you no guarantee as to the exactness or the time period of the information displayed on the Extranet Site originating from a third party. The possible visit of any other Internet site from the Extranet Site of the Jean Coutu Group may not constitute an approval by the Jean Coutu Group of the content of this other site. The Jean Coutu Group denies any responsibility regarding those other sites and the information that these carry. At any time you may verify if you are navigating on the Extranet Site by checking the URL address appearing at the top of the screen.

7. CONFIDENTIALITY
You are entirely responsible for preserving the confidentiality of the information that you transmit on the Extranet Site. You recognize that any material or any information that you send through the Extranet Site may be used by the Jean Coutu Group. You attest that you own the intellectual property rights relative to this information, data or facts that you send through the Extranet Site or that you have the right to use these accordingly. You also attest that neither the possession, nor the communication of such information, data or facts is illegal.

The Jean Coutu Group will take reasonable means to preserve the confidentiality of the confidential information that you provide but we offer no guarantee as to the confidentiality of the use of the Extranet Site. Notwithstanding the above, you undertake to take all reasonable means to preserve and maintain the confidentiality of the Extranet Site and its content.

8. TECHNICAL SUPPORT
You are alone responsible to acquire and keep updated all of the browsing software, material and equipment necessary to access and use the Extranet Site. The Jean Coutu Group in no way represents and offers any guarantee as to the compatibility of the Extranet Site with any software, hardware or material.

9. COMPENSATION AND LIABILITY LIMITATION
Although the Jean Coutu Group does its best to maintain updated the information provided on the Extranet Site, errors or omissions can occur. We may, at our discretion and without obligation on our part, correct any such error without prior notice.

The Jean Coutu Group, its executives, administrators, employees and/or representatives do not put forward any claim or guarantee relative to the reliability of the information appearing on the Extranet Site and deny any responsibility as to any damage that you could incur relative to the information appearing on the Extranet Site. By way of consequence, you understand and recognize that you must verify and confirm any information with a representative duly authorized by the Jean Coutu Group before taking any decision relative to the content of the Extranet Site. In addition, no element of this Extranet Site is to be interpreted in such a way as to constitute a declaration, a guarantee or a piece of advice of a medical, pharmaceutical, legal, fiscal or accounting nature.

Each Supplier who navigates on this Extranet Site does so at his own risk. So you undertake to free us from any responsibility which may result from any problem or damage whatsoever that you could incur when accessing and/or using the Extranet Site, including but without limiting the scope of the above, the presence of viruses or any destructive element and this notwithstanding that the Jean Coutu Group had or may have had knowledge of this possibility.

You accept to compensate the Jean Coutu Group, its executives, administrators, employees and/or representatives for any faulty or forbidden use of the Extranet Site on your part and for any contravention that you could have been guilty of, deliberately or not, relative to the Terms of Use. Should you incur any damage or disagree in any manner whatsoever with the Terms of Use, you are invited to exit the Extranet Site without delay and without compensation.

TO THE EXTENT ALLOWED BY ALL APPLICABLE LAWS, THE EXTRANET SITE IS ACCESSIBLE TO YOU « AS IS « AND THE JEAN COUTU GROUP DOES NOT MAKE OR OFFER ANY OTHER REPRESENTATION OR GUARANTEE AS TO THE EXTRANET SITE, WHETHER EXPRESSLY, TACITLY, IN AN ACCESSORY MANNER OR RESULTING FROM A LAW, THE UNFOLDING OF NEGOTIATIONS, NORMAL OR CUSTOMARY COMMERCIAL PRACTICES, INCLUDING AMONG OTHERS, ANY REPRESENTATION OR GUARANTEE RELATIVE TO THE ABSENCE OF A VIOLATION OF ANY RIGHTS OR OF FORGERY, RELATIVE TO THE COMPABILITY WITH OTHER TOOLS OR SOFTWARE APPLICATIONS, RELATIVE TO THE ABSENCE OF VIRUSES OR OTHER INHIBITING MECHANISMS, OR THAT THE SITE IS COMPLETE, ACCURATE OR FREE FROM ERRORS OR THAT THE ERRORS WILL BE CORRECTED OR THAT THE EXTRANET SITE WILL FUNCTION WITHOUT INTERRUPTION. THE JEAN COUTU GROUP DOES NOT MAKE ANY REPRESENTATION AS TO THE EXACTNESS, THE SECURITY, THE EXHAUSTIVITY, THE INTEGRITY, THE RELIABILTY OR THE USEFULNESS OF DATA FOUND ON THE EXTRANET SITE. EACH SUPPLIER AND USER ASSUMES ALL THE RISKS WHICH RESULT FROM THE USE AND FUNCTIONING OF THE EXTRANET SITE.

IN THE EVENT THAT THE JEAN COUTU GROUP IS HELD RESPONSIBLE FOR ANY CLAIM ASSOCIATED TO THE EXTRANET SITE, THE GLOBAL RESPONSIBILITY OF THE JEAN COUTU GROUP TOWARDS A SUPPLIER AND HIS USERS IS LIMITED TO TEN DOLLARS ($10) IN CANADIAN CURRENCY.

THE JEAN COUTU GROUP, ON THE ONE HAND, AND THE SUPPLIER AND HIS USERS, ON THE OTHER HAND, AGREE THAT THE SUPPLIER AND HIS USERS MAY NOT CLAIM NOR OBTAIN A COMPENSATION RELATIVE TO INDIRECT, CONSECUTIVE, PUNITIVE, SPECIAL, EXEMPLARY OR ACCESSORY DAMAGES, NOR OBTAIN ANY COMPENSATION WHATSOEVER FOR AN ALLEDGED LOSS OF FORECASTED REVENUE, PROFITS, SAVINGS OR FOOT TRAFFIC, OF ANY OTHER FINANCIAL LOSS OR OF ANY FEES, EXPENSES OR INTERESTS ASSOCIATED TO SUCH LOSSES, IN ACCORDANCE WITH ANY LEGAL THEORY WHATSOEVER RESULTING FROM OR ASSOCIATED IN SOME MANNER TO THESE TERMS OF USE, EVEN IF THESE RISKS WERE KNOWN, FORESEEABLE OR HAD BEEN INCLUDED IN A SPECIFIC NOTICE.

You agree to enforce compliance to the Terms of Use of your Users and to be responsible for any violation of the Terms of Use by one of them.

10. APPLICABLE LAWS
These Terms of Use and the contest of the Extranet Site are governed by the laws of Quebec and applicable Canadian legislation. Any dispute will be exclusively brought before the competent courts of the Province of Quebec, in the legal district of Montreal.

The fact that one of the provisions of the Terms of Use is invalidated by a competent court of law will not result in the invalidation of all other provisions. The provision(s) deemed invalid may be dissociated from the main body of the Terms of Use without affecting its content.

Should the Jean Coutu Group not exercise one of his rights in accordance with the Terms of Use does not in any way constitute a renunciation for the future of this right and does not invalidate any of these Terms of Use.

For any question or assistance relative to the Jean Coutu Group, the Extranet Site and/or its content, please contact:



The Jean Coutu Group (PJC) Inc. 530 Bériault Street Longueuil, Québec, J4G 1S8 supportfournisseur@jeancoutu.com (450) 646-9611 Poste:1800

(The use of the masculine on this Extranet Site aims solely at favouring the legibility of the text and includes the feminine.)