Terms of Service

Acceptance of the Website Terms and Conditions of Use

VVC Live, LiveMeeting, LiveMeeting.ca, mediaevents.ca, vvc.ca, vvcnetwork.ca, VVC Communications, livewebsite.ca, VVC a/v Productions, VVC and Van Valkenburg Communications, are all a trade names of and operated by 304316 Ontario Limited.  LiveMeeting, LiveMeeting.ca, mediaevents.ca, vvc.ca, vvcnetwork.ca, VVC Communications, livewebcast.ca, VVC a/v Productions, VVC and Van Valkenburg Communications, 304316 Ontario Limited, and all other subsidiaries and related trade names and companies are hereinafter collectively referred to as “Company, “we’ “us”, “our”.)

Our websites are used by businesses including customers of the Company for whom we host events and meetings, as well as users and attendees.  As such we collect information which may include personal information from customers, their employees, agents and end users, as well as attendees.  

The following terms and conditions govern all use of the livemeeting.ca mediaevents.ca vvc.ca, vvcnetwork.ca, and all other subsidiary or related websites of the Company, and all content, services, and products available at or through our websites, (taken together, “our Services”). 

These website terms and conditions of use constitute a legal agreement and are entered into by and between you the Company. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any content, functionality, and services offered on or through livemeeting.ca, mediaevents.ca, vvc.ca and/or vvcnetwork.ca (the “Website“).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES. BY USING THE WEBSITE AND OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES.

By using this Website or our Services, you represent and warrant that you at are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Modifications to the Terms and Conditions and to the Website 

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. 

The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use of the Website and Account Set-Up and Security

Use of our Services requires an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Your Account

If you create an account on our Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. Unfortunately, the transmission of information via the Internet is not completely secure. We cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You must immediately notify us of any unauthorized uses of your account, or any other breaches of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Visitors.

The Company hosts live virtual meetings and events. We have not reviewed, and cannot review, the information and material disseminated in live meetings and events hosted on our Website, and cannot therefore be responsible for the content, use or effects of any such information and material. By operating our Services, we do not represent or imply that we endorse the material or information disseminated or provided during any events, or that we believe such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself from harmful or destructive content. Events hosted on our website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Events hosted on our Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content, material information disseminated during events hosted by our Website.

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. The Company does not have any control over those third party websites, and is not responsible for their contents or their use. By linking to a third party website, the Company not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Company disclaims any responsibility for any harm resulting from your use of non-Company websites and webpages.

4.  Conditions of Use, User Submissions and Site Content Standards – Copyright Infringement and DMCA Policy.

As 304316 Ontario Limited asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify us. The Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Company will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others. In the case of such termination, The Company will have no obligation to provide a refund of any amounts previously paid to us.

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions. 

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the website, to other users or other persons, including but not limited to material and information used and disseminated by users during any and all live events, including meetings (collectively, “User Submissions“) and any and all interactive functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service. 

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

    1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
    2. In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
    3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.
    4. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
    5. Involve, provide, or contribute any false, inaccurate, or misleading information. 
    6. Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
    7. Transmit, or procure the sending of, any advertisements or promotions, without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation. 
    8. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
    9. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
    10. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    11. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

5. Intellectual Property.

This Agreement does not transfer from the Company to you any Company or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Company. All Company and Website logos all other trademarks, service marks, graphics and logos used in connection with the Website or any of our or our Services, or that of our subsidiaries or affiliates, are trademarks or registered trademarks of the Company or its licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any the Company’s or third-party trademarks.

For greater certainty:

  1. You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 
  2. The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: 

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
  3. one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and
  4. in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

6. Termination.

The Company may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

For greater certainty:

The Company has the right, without provision of notice to:

  1. Remove or refuse to post, or continue to host, on the Website any User Submissions or events, for any or no reason in our sole discretion.
  2. At all times, take such actions with respect to any User Submissions or events deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website Terms and Conditions and/or other Company policies, including but not limited to the Privacy Policy.
  3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
  4. Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions and/or other Company policies, including but not limited to the Privacy Policy.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

Although we make our best efforts to monitor the Website, including the events hosted, we have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material, information or events that you or other users submit to the Website or use the Website for. We cannot ensure prompt removal of objectionable material after it has been posted or the prompt cessation of objectional events, including events which contain objectional material or information, and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance 

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

The Company hosts live virtual meetings and events. As a result, the Website includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials. We again reiterate we have not reviewed, and cannot review, such third party content, including the information and material disseminated in live meetings and events hosted on our Website, and cannot therefore be responsible for the content, use or effects of any such information and material, and we do not represent or imply that we endorse the material or information disseminated or provided during any events, or that we believe such material to be accurate, useful, or non-harmful. Reliance on any material, information or content provided or disseminated through or during events hosted by our website is entirely at your own risk, and you are responsible for taking precautions as necessary to protect yourself from inaccurate, harmful or destructive content. Events hosted on our website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Company disclaims any responsibility for any harm resulting from the use by visitors of our Website and users of our Services, or from any downloading by those visitors of content, material information disseminated during events hosted by our Website. 

Privacy 

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services. 

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. 

8. Geographic Restrictions

The owner of the Website is based in the Province of Ontario in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

8. Disclaimer of Warranties.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OR RELIANCE ON THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, QUALITY OR COMPLETENESS OF THE CONTENTS OF THE WEBSITE OR INFORMATION PROVIDED THROUGH THIS THE WEBSITE, NOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

9. Limitation of Liability.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

FOR GREATER CERTAINTY, WHILE WE TAKE PRECAUTIONS TO SAFEGUARD OUR EVENTS WE CANNOT GUARANTEE OR WARRANT THAT SERVICE, INTERNET, OTHER OUTAGES OR OTHER CAUSES BEYOND OUR CONTROL, INCLUDING BUT NOT LIMTIED TO THIRD PARTY WEBSITES FLAGGING VIDEOS PROVIDED BY BUSINESS CLIENTS FOR COPYRIGHT INFRINGEMENT, WILL NOT IMPACT THE EVENTS AND MEETINGS THAT WE HOST, AND UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY LOSSES OR OTHER DAMAGES SUFFERED BY OUR BUSINESS CUSTOMERS OR OTHER USERS OF OUR SERVICES AND/OR THE WEBSITE AS A RESULT OF SUCH OCCURRENCES.

If, for any reason, notwithstanding the disclaimers and limitations of liability contained herein, the Company is found liable for any losses or damages to any of our business customers in relation to events or meetings the Company and/or Website are hosting, such The aggregate amount of all losses for which the Company shall be liable shall not exceed the amount paid to the Company pursuant to its contract with the business customer for our services.  For greater certainty, in no event shall the Company be liable for an amount exceeding the amount it is contracted to receive for its services.

10. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the 304316 Ontario Limited Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of our Services and any breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.

12. Miscellaneous.

This Agreement constitutes the entire agreement between the Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting by the Company of a revised version. 

The Website is controlled by the Company from its offices within the Province of Ontario in Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, all matters relating to access to, or use of the Website and/or our services, or any website linked to the Website shall, except to the extent applicable law, if any, provides otherwise, shall be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the province and federal courts located in Toronto, Ontario.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Toronto, Ontario, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. 

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 304316 Ontario Limited may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.