S.E.L.F. Playing System

Acceptance of the Website Terms and Conditions of Use

These website terms and conditions of use (“Terms and Conditions”) govern your access to and use of 13973361 CANADA INC. ("Company," "we," "us," or "our") website, including our home page, https://www.selfplayingsystem.com, and its respective subdomains (the “Website”), our products and services available thereon, including without limitation, the online learning platform and courses as well as features that enable you to interact with other users on the platform (the “Services”), and any information, including, but not limited to, any data, text, graphics, images, videos, audio or other multimedia content, software,  or other information or material submitted to, subsisting on or accessible from the Website or other materials uploaded, downloaded, or available on or through the Services (collectively, the “Content”). The terms "you", "your", or "user" shall collectively mean the person, whether as a guest or a registered user, who is accessing, browsing, or using the Website and/or its Services. These Terms and Conditions constitute a legal agreement and are entered into by and between you and Company. In addition, when purchasing any of the Services, you may be subject to any posted terms and conditions applicable to such Services and are hereby incorporated by reference into these Terms and Conditions.

By using this Website and its Services, you represent and warrant that you are of 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.

YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING THE WEBSITE OR OTHERWISE INDICATING YOUR CONSENT, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY (“PRIVACY POLICY”), FOUND AT https://www.selfplayingsystem.com/pages/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH OR ACCEPT ANY OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.

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 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.

Account Set-Up and Registration Obligations

To use certain areas of this Website, you must first complete the registration process to create an account (“Account”) and select and register a unique username and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any misuse or unauthorized use of your Credentials. You also agree to ensure that you logout from your account at the end of each session. You will not permit any other person to use your Account or Credentials, and you will immediately notify Company if you know or suspect that your Account or Credentials have been used or accessed by any other person or any other breach of security. You may be required to change your Credentials from time to time.

During the registration process, you will provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. 

Company may act upon any communication that is given through your Account or by using your Credentials. Company is not required to verify the actual identity or authority of a person using your Account or Credentials, but Company may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Company is not satisfied with the verification. If Company, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Company may immediately cancel the Account or Credentials without any notice to you. Company reserves the right at any time and from time to time, to disable or terminate your Account and Credentials, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.

Security and Your Use of the Website 

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through their own internet connection are aware of these Terms and Conditions and comply with them. In addition to complying with these Terms and Conditions, users agree to use this Website, the Services and Content on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, 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.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and newsletter subscription (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://www.selfplayingsystem.com/pages/privacy-policy. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Website from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any submissions posted on the Website nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Description of Services

Company is offering to users who have an Account and who have purchased any of our products an online course which contain a set of multiple video and audio lectures, lessons or talks of various length used for educational and pedagogical purposes for piano learning using the unique methodology created by Company that is delivered online within our platform and conducted by in-house (or outsourced) teachers, lecturers, and other relevant professionals. The online course may include downloadable worksheets, action steps, homework assignments and other pedagogical supportive material including audio recordings of the lecture. Video or audio recordings can be either pre-recorded or delivered live via Zoom. All of the foregoing shall mean, collectively, the “Services”. 

Online Purchases

All orders, purchases, or transactions for the sale of Services made using this Website are subject to the provisions of these Terms and Conditions. Additional terms and conditions will be applicable and will need to be accepted by you at the time of purchase of any Services. 

We use third-party services for payment processing (Stripe and Paypal). We collect the following information: name of purchaser, their email  address, the Service purchased, the price of Service purchased, and the confirmation and/or rejection of the payment. We do not store or collect your payment card details. That information is provided directly to the third-party payment processor and the use of the personal information that you provide to them is governed by their applicable privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. By paying for our Services via either Stripe or Paypal, you acknowledge and accept the terms and conditions of the applicable payment processor. Please review the privacy policies of each payment processor to learn about how they collect, use and process the personal information that you provide to them. To view Paypal’s privacy policy, please visit: https://www.paypal.com/fr/webapps/mpp/ua/privacy-full. To view Stripe’s privacy policy, please visit: https://stripe.com/en-ca/privacy. 

Payment Conditions

Payment must be received in full in a one-time payment before in order to purchase any Services. Upon payment, the user will be granted non-transferable access to use the applicable Services purchased.

The price to purchase one of our online courses (Services) will be the price indicated on the Website page at the time when you placed your order on our Website’s Store page. The price for each of our courses are visible below the banner “click to purchase” and each image displays the specific course and its respective price. You can proceed to payment by simply clicking on the image. Once you click on the image, you will proceed with payment through one of our third-party payment processers (Stripe or Paypal) that you choose, and you will pay the price that is displayed at the time of payment subject to any minor processing fee charged by either Stripe or Paypal. 

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, domain names, design rights, database rights, and any other proprietary rights of any kind. We reserve all our intellectual property rights whether registered or unregistered anywhere in the world. Nothing in these Terms and Conditions grants you any rights in the Website other than as necessary to enable you to access the Website.

The Company name, the S.E.L.F. PLAYING SYSTEM trademark and logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates. 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. Nothing contained on the Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without Company’s prior written permission. 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. Company reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.

You may only use the Website for your personal and non-commercial use. You shall not, without the Company’s prior written permission, directly or indirectly copy, reproduce, transmit, transfer, compile for an internal database, reverse engineer, license, sublicense, publish, sell, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise make available to any third party any of the Content or material on our Website, in any form or medium whatsoever except: 

your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

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; and

in the event social media platforms such as Facebook, Tik Tok and Instagram 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.

Conditions of Use and User Submissions and Site Content Standards

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

The following Website content standards apply to any and all content, material, ideas, opinions, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website or to other users or persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service. Company does not screen, edit, or review any User Submissions before they are posted or transmitted. Please note that posted or transmitted User Submissions do not necessarily reflect the views of Company, and Company disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website.

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

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 found at https://www.selfplayingsystem.com/pages/privacy-policy.

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.

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.

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.

Involve, provide, or contribute any false, inaccurate, or misleading information. 

Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Site Content Standards. 

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).

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. 

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.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

User Submissions: Grant of Licence

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable right to use, reproduce, modify, perform, display, distribute, commercialize and otherwise disclose to third parties any such material in any way and for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you or any other person. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission, but that any personal data you supply with your User Submissions may, if we choose to do so, be used by us as described in our Privacy Policy.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Conditions of Use and User Submissions and Site Content Standards set out in these Terms and Conditions. You accept that for any such User Submissions, Company shall be entitled to disclose your name with any such User Submission that Company may choose to publish. 

You understand and agree that you, not the Company nor Company's subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website. 

Site Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.

At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.

Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any prohibited, 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.

Terminate or suspend your access to all or part of the Website or the Services for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS 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.

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 that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted 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 and Services 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 Website.

Although we make commercially 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 or remains available, accurate, adequate, reliable, complete, up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Your use of the Website is at your own risk and neither the Company nor its 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. Any reliance you may place on the information on this Website is at your own risk and we may suspend or terminate operation of the Website at any time at our sole discretion.

This Website may include content, hyperlinks or references 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. Neither the Company nor its 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. 

Privacy and Cookies

By accessing or using our Website or Services, or otherwise accepting or agreeing to these Terms and Conditions, you consent to the collection, use and disclosure of your personal information by us as set out in our Privacy Policy, which may be amended from time to time and which is incorporated into these Terms. By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such User Submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of Services. To learn more about and understand the personal information that we collect about you and what we do with it, please visit our Privacy Policy at https://www.selfplayingsystem.com/pages/privacy-policy.

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. For more information on what cookies we use on our Website, please see our Cookie Policy at https://www.selfplayingsystem.com/pages/cookie-policy.

Third-Party Websites 

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. Your use of a third-party site is subject to the terms and conditions of that third-party site. 

Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. 

Geographic Restrictions

The owner of the Website is based in New Brunswick 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.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF 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, THE IMPLIED WARRANTIES OF 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 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 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.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY OTHER PERSON 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, 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. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF COMPANY IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. 

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its 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 legal fees) arising out of or relating to your 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 and Services other than as expressly authorized in these Terms and Conditions.

Assignment 

You may not assign, delegate, or transfer these Terms and Conditions or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Company's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Remedies

We reserve the right to pursue all remedies available at law and in equity for violations of these Terms and Conditions. You acknowledge and agree that monetary damages may not be an adequate remedy for any violation of these Terms and Conditions by you and, without limiting any of our other remedies, you hereby consent to, and authorize us to obtain, an injunction or other equitable relief from any court of competent jurisdiction without the necessity of having to post any bond or other form of security. You further authorize us to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.

Governing Law and Choice of Forum

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver 

No failure by either the Company or you to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Language

The parties acknowledge that they have required that these Terms and Conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

Independent Contractors

The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or this Website.

Entire Agreement

These Terms and Conditions, our Privacy Policy, our Cookies Policy, and our Accessibility Policy constitute the sole and entire agreement between you and Company regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. 

Changes and Updates

We reserve the right to modify these Terms and Conditions at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on this Website. If we make material changes to these Terms and Conditions, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Contacting Us

We value your visit to this Website and welcome any questions, comments, or feedback you might have about this Website, these Terms and Conditions or any of the Services offered by the Company. All feedback, comments, and other communications relating to the Website should be directed to [email protected]. 

Last Updated: December 18th, 2024