6. Legal Notices
This section outlines additional legal provisions applicable to these Terms.
Term and Termination
These Terms Agreements will continue to apply to you until terminated by either you or us. However, you acknowledge and agree that: (i) the perpetual licence granted by you in relation to your Posts, including Feedback, and (ii) your Indemnity Obligation, are both irrevocable and will therefore continue after expiry or termination of these Terms for any reason. We may terminate the Website or suspend your access to the Website at any time, including in the event of your actual or suspected unauthorised use of the Website (including the Service and Content), non-compliance with these Terms, or if we withdraw any Website features, Service and/or Content, all without any liability or responsibility to you. To learn how to terminate your user account, please contact us using the contact methods listed in the “Contact Us” section at the end of this document. This section will be enforced to the maximum extent permissible by applicable law.
Any sections in these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
Third Party Rights
You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, the Terms are not intended to grant rights to anyone except you and us, and in no event shall these Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Terms are not subject to the consent of any other person.
Other than as stated in this section or as explicitly agreed upon in writing between you and us, these Terms constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
If you don’t comply with these Terms, and we don’t take action right away, that doesn’t mean we’re giving up nor waiving any rights that we may have, such as taking action in the future. Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, such invalidity shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by us or any third party beneficiary to enforce these Terms or any provision thereof shall not waive our right or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Nothing in these Terms removes or limits our liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE (INCLUDING THE SERVICE AND CONTENT (IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE AND ALL OTHER OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE NOR ANY OWNER OF CONTENT WARRANT THAT THE WEBSITE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE MAKE NO REPRESENTATION NOR DOES WE WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE WEBSITE (INCLUDING THE SERVICE AND CONTENT) OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON BEHALF OF US.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
POSTS (INCLUDING WITHOUT LIMITATION COMMENTS) POSTED ON THE WEBSITE ARE THOSE OF THEIR RESPECTIVE SITE USERS ONLY. POSTS DO NOT NECESSARILY REPRESENT OR REFLECT OUR VIEWS. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, POSTS POSTED, UPLOADED, SUBMITTED, SHARED OR OTHERWISE MADE AVAILABLE ON THE WEBSITE.
THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE THAT WE HAS ENTERED INTO THIS AGREEMENT WITH YOU (AND ALSO WITH YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND MAKE THE WEBSITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU (AND ALSO WITH YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND US. YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THESE TERMS.
Choice of Law
The law in the province of Ontario in Canada will govern all disputes arising out of or relating to these Terms, regardless of conflict of laws rules. Any legal disputes will be resolved exclusively in the provincial courts in the City of Toronto, Ontario, Canada, and you and we consent to the exclusive personal jurisdiction in these courts.
To the extent that applicable local law prevents certain disputes from being resolved in a court in the city of Toronto, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying Ontario law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence.
By law, you have certain rights that can’t be limited by a contract like the terms and conditions of this website. These Terms are in no way intended to restrict those rights.
CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.