Last
updated March 18, 2003.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE STOCK
TRENDS™ SERVICES OR WEBSITE, OR BY CHECKING THE "I AGREE" BOX LOCATED ON THE
ONLINE MEMBERSHIP OR SUBSCRIPTION REGISTRATION FORM, YOU AGREE, WITHOUT LIMITATION
OR QUALIFICATION, TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMERS SET OUT
IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME.
ACCEPTANCE: The Stock Trends™ website (this
"Site"), and the products, services, information and other content
(collectively the "Services") offered through the Site, are made available
by Stocktrends Publications ("STOCKTRENDS"), conditional on your acceptance
of the terms, conditions and disclaimers set out in this Terms of Service Agreement
(the "Agreement") and such supplemental and alternative terms, conditions
and policies which are displayed or to which you may be directed in respect
of a particular Service (collectively the "Terms of Service"). By
completing the applicable subscription and by checking the "I Accept the
Terms of Service" box located on the online subscription form during the
subscription process, or by using the Site and Services, you are confirming
to STOCKTRENDS that you (a) are of the age of majority or older in the jurisdiction
in which you reside, and (b) agree to be bound by the Terms of Service. If you
do not agree to abide by the Terms of Service, do not proceed with your subscription.
If you have already subscribed and do not agree with any change to the Terms
of Service you should terminate your subscription.
TRIAL SUBSCRIPTION: Access to the Site and to
certain Services may be made available to you on a time limited trial basis
(a "Trial Subscription"). In such case, please note that all of the
Terms of Service (other than Payment Terms set out below) apply to a Trial Subscription.
By subscribing for a Trial Subscription, you (a) acknowledge that only one Trial
Subscription per person is permitted and you agree not to subscribe for additional
Trial Subscriptions; (b) acknowledge that the Trial Subscription is intended
to permit you to assess the Site and Services for purposes of becoming a non-trial
subscriber, and accordingly, notwithstanding anything to the contrary in our
Privacy Policy, you hereby acknowledge and agree that STOCKTRENDS will
send you, both during the Trial Subscription period and thereafter, e-mail communications
pertaining to the Site and Services and related offers which STOCKTRENDS believes
may be of interest to you and you hereby consent to receiving such e-mail communications.
You can at any time choose to unsubscribe to receiving such e-mail communications
by following the unsubscribe directions posted at the bottom of the e-mail;
and (c) agree to pay all fees, including applicable taxes, incurred in connection
with your use of any fee-based Services you choose to use during your Trial
Subscription, such as for example any Exchange fees associated with Real Time
Quotes.
SUBSCRIPTION: A subscription to the Site and
Services is available on monthly, annual or on other periodic terms (each a
"Subscription Plan") all as more specifically set out in the subscription
form. The Subscription Plan you have chosen will continue and renew
automatically for similar terms, unless terminated by STOCKTRENDS or until you
terminate your subscription in accordance with the terms set out below.
ACCOUNT AND PASSWORD: During the subscription
process, you will have to choose a user name ("User Name") and associated
password ("Password"). Your User Name and Password are required in
order to access or use the Site and Services. Upon completion of the subscription
process, you will be assigned an account ("Account") based on the
information provided in your online subscription form. You represent and warrant
that the information you provide during the subscription process is complete,
true and accurate. You are responsible for maintaining the confidentiality of
your Account information and Password. You shall be responsible for all uses,
including transactions effected, through your Account, whether or not authorized
by you. You agree to immediately notify STOCKTRENDS of any unauthorized use
of your Account or Password. STOCKTRENDS reserves the right, to be exercised
in its sole discretion, to refuse to grant to you a User Name that impersonates
someone else, is protected by intellectual property law or which is vulgar or
otherwise offensive.
PAYMENT TERMS: The current subscription fees
and other charges (collectively the "Charges") applicable to the Site
and Services are located at http://stocktrends.ca/?page=subscriptions. Unless
you qualify for an alternate payment scheme or offer (such as a Trial Subscription
or a corporate plan subscription) as identified during the subscription process,
the monthly, annual, or other periodic Charges applicable to the Subscription
Plan you have chosen together with all applicable taxes will be billed automatically
to the credit card (the "Account Credit Card") you designated during
the subscription process or subsequently designated to STOCKTRENDS. You warrant
that you are the cardholder of the Account Credit Card and the relevant information
required for processing charges is valid at all times. You must notify us of
any change of address or other relevant information in a timely fashion by accessing
the relevant My Account update section. If the Account Credit Card expires,
you must notify us of the new expiration date before the previous expiration
date has passed. STOCKTRENDS reserves the right to levy an administration fee
for any credit card transaction that fails. If you want to designate a different
credit card or if there is a change to the existing Account Credit Card, please
advise us by accessing the relevant My Account update section. Except
as provided below, the Charges will be processed and the Account Credit Card
will be charged on the first day of your Subscription Plan, and on the first
day of each renewal period, unless you terminate your subscription before the
relevant period begins. The Charge for the applicable renewal period
shall be equal to the Charge for the previous period unless STOCKTRENDS has
otherwise notified you by posting on the Site (or by e-mail notice at the e-mail
address you designated for your Account), any increase in such Charge, which
revised Charge shall apply, unless you choose to terminate your subscription.
Please note that certain Charges, including one-time or use-specific charges
for additional Services, will be billed to the Account Credit Card when
incurred. STOCKTRENDS reserves the right to change any of the Charges
(including the basis for determining the Charges) then in effect, or add new
fees and charges, by posting such changes on the Site or by notifying you of
such change by e-mail notice as described above.
You agree to pay all Charges incurred in connection with your
use of the Site or use of any Services through your Account, including any applicable
taxes, at the rates in effect when the said Charges were incurred. Except as
provided herein, all Charges are nonrefundable.
Please note that Charges do not include any applicable fees or
charges incurred to access, or to receive alerts or other information from the
Site or any of the Services, through an Internet, wireless or other third party
service provider.
STOCKTRENDS TERMINATION: STOCKTRENDS reserves
the right to suspend or terminate your Account and your access to the Site and
Services at any time and for any reason, including without limitation, if the
Account Credit Card is invalid for any reason, if STOCKTRENDS does not receive
payment, or where STOCKTRENDS has determined, in its sole discretion, that use
of the Site or Services by your Account is, or was in breach of the Terms of
Service. Any such termination by STOCKTRENDS shall be in addition to and without
prejudice to such rights and remedies as may be available to STOCKTRENDS, including
injunction and other equitable remedies. The disclaimer, limitations on liability,
and indemnity provisions shall survive termination or expiry of your Account
and this Agreement.
SUBSCRIBER TERMINATION: You may terminate your
subscription at any time by selecting the Cancel Subscription option in the
My Account section of the Site. All terminations shall be effective
at the end of the monthly period in which such termination was effected. STOCKTRENDS
will not, under any circumstances, provide any refund in connection with the
termination of any Subscription Plans with a duration of one month or less,
unless such termination notice is received by STOCKTRENDS within 30 days of
initial commencement of the subscription. With respect to the termination
of Subscription Plans which are longer than one month, STOCKTRENDS will provide
a refund (in the form of a credit against the Account Credit Card) in an amount
equal to: (i) the amount charged against the Account Credit Card and received
by STOCKTRENDS for the applicable Subscription Plan, less (ii) the regular amount
that would have been payable if calculated on a monthly basis for the applicable
subscription period up to the end of the monthly period in which termination
is effective.
PRIVACY POLICY: For information on how user
information is collected, used and disclosed by STOCKTRENDS in connection with
your use of the Site and the Services, please consult our Privacy Policy.
EXCHANGE SUBSCRIBER AGREEMENTS: Certain of the
Services and information (including but not limited to Real Time Quotes) are
provided to you subject to certain stock exchange subscriber agreements (the
"Exchange Subscriber Agreements"). Copies of these Exchange Subscriber
Agreements will be presented to you for acceptance during your subscription
for the applicable Services, and are otherwise available at Exchange Subscriber
Agreements. You acknowledge that, notwithstanding anything to the contrary in
the Privacy Policy, STOCKTRENDS expressly reserves the right to collect and
maintain information submitted by you to STOCKTRENDS during the subscription
process for a period of at least three (3) years from the date of subscription
and may disclose any such information to the applicable Exchanges, as required
by the corresponding Exchange Subscriber Agreements.
DISCLAIMERS: The material, software, information,
data and other content available through the Site or the Services (collectively
the "Content") is provided by multiple data suppliers without verification
by STOCKTRENDS. You acknowledge the inherent hazards of electronic distribution,
and you are aware that there may be delays, omissions or inaccuracies in the
Content including, without limitation, the communication of any Content to you
by way of short message service ("SMS"), e-mail or otherwise. Accordingly,
you agree that the Site, Services and Content are provided on an "AS IS"
and "AS AVAILABLE" basis and that your use of, and reliance on, the
Site, Services and Content shall be at your sole risk. Without limiting the
generality of the foregoing:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF STOCKTRENDS,
ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES
(COLLECTIVELY THE "STOCKTRENDS GROUP") DOES NOT MAKE ANY, AND HEREBY
DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS
(COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE,
ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS
AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE
OF DEALING OR USAGE OF TRADE. FURTHER, THE STOCKTRENDS GROUP DOES NOT WARRANT
THAT THE SITE, THE SERVICES OR THE CONTENT WILL OPERATE OR CONTINUE TO OPERATE
WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR
THAT IT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
The Content (including any facts, views, opinions, recommendations,
description of, or references to, products or securities) made available by
the STOCKTRENDS GROUP through the Site or Services is: (a) for informational
purposes only; (b) not to be used or construed as an offer to sell, a solicitation
of an offer to buy, or an endorsement, recommendation, or sponsorship of any
entity or security by the STOCKTRENDS GROUP; and (c) not necessarily reflective
of the views or policy of the STOCKTRENDS GROUP, including the publisher, contributors
and staff of, and advertisers on, the Site. You acknowledge and agree that any
request for information by you is unsolicited and shall neither constitute nor
be construed as investment advice by the STOCKTRENDS GROUP. You should apply
your own judgment in making any use of any Content, including, without limitation,
the use of any information contained therein as the basis for any conclusions.
You bear responsibility for your own investment research and decisions. PRIOR
TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK
OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. THE STOCKTRENDS GROUP DOES
NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR
ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR
INVESTMENT, SECURITY, OR INFORMATIONAL SOURCE.
You acknowledge that one or more of the STOCKTRENDS GROUP of
entities may invest or otherwise hold interests in entities that may be referenced
in any of the Services or Content accessible through the Site. The views and
opinions expressed on the Site are not intended to constitute a description
of securities bought, sold, or held on behalf of any of the STOCKTRENDS GROUP
entities nor an indication by any such entities of any intention to buy, sell,
or hold any security.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND
AGREE THAT IN NO EVENT SHALLTHE STOCKTRENDS GROUP (INCLUDING EACH OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR
ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA,
PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM,
OR IN ANY WAY CONNECTED WITH THE SITE, THE SERVICES OR ANY OF THE CONTENT (INCLUDING
THE PERFORMANCE, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS SAME),
REGARDLESS OF WHETHER THE STOCKTRENDS GROUP HAD BEEN ADVISED OF OR COULD HAVE
FORESEEN THE POSSIBILITY OF SUCH CLAIM, DAMAGE OR LOSS. THE LIMITATIONS OF LIABILITY
AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL
STOCKTRENDS GROUP'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO STOCKTRENDS
BY YOU FOR THE USE OF THE SITE AND SERVICES IN THE THREE (3) MONTHS IMMEDIATELY
PRECEEDING THE EVENT GIVING RISE TO SUCH CLAIM.
CERTAIN SERVICES ARE PROVIDED THROUGH NETWORKS AND FACILITIES,
INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF STOCKTRENDS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL
STOCKTRENDS GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF
THE SITE, SERVICES OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF
NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION
EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES,
LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR
OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS AND ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the Site and Services may be temporarily
unavailable from time to time due to required maintenance or as a result of
other disruptions as described above. While STOCKTRENDS makes every reasonable
effort to minimize such downtime, STOCKTRENDS cannot guarantee the 100% availability
of the Site and Services. Accordingly, if you are dissatisfied with the Site
or the Service for any reason, your sole and exclusive remedy is to discontinue
use of the Site and the Services in accordance with these Terms of Service.
You expressly acknowledge that STOCKTRENDS has set the Charges
for the Site and Services, entered into this Agreement, and has and will make
the Content and Services 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 the STOCKTRENDS Group.
You 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 this Agreement.
PROPRIETARY RIGHTS:
Copyright. The Content available through the Site including
the manner in which it is presented, and the Services are: Copyright 2002 Stocktrends
Publications and/or its agents and licensors. All rights reserved. Such Content
is protected by Canadian and worldwide copyright laws and treaty provisions.
STOCKTRENDS and/or its licensors grants you a limited non-exclusive, non-transferable
license to use, display on your computer or other electronic device used to
access the Content and Services, and print the Content for your own personal
and non-commercial use only, provided that you do not modify the Content and
that you maintain all copyright and other proprietary notices. Except as provided
herein, you agree not to reproduce, make derivative works of, retransmit, distribute,
sell, publish, communicate, broadcast or otherwise make available any of the
Content obtained through the Site or the Services, including without limitation,
by caching, framing or similar means, without the prior written consent of the
respective copyright owner of such Content.
Trademarks. Stock Trends, Stocktrends.ca, Stock Trends
Weekly Reporter and all associated designs and logos are trademarks of Stocktrends
Publications, used under license. All other product, brand and company names
and logos used or mentioned on the Site or the Services may be the trademarks
or registered trademarks of their respective owners. Any use of any trademarks
appearing on the Site or the Services without the express written consent of
the owner of the trademark is strictly prohibited. Use of any trademarks in
the Content does not imply any endorsement by any third party of the Service,
Site, the Content or STOCKTRENDS.
Software. Any software, including calculator software
and software related to other tools, as well as any files or images generated
by such software, including without limitation code and data accompanying such
software (collectively, the "Software"), used or accessible through
the Site or Services is the property of STOCKTRENDS or its licensors. STOCKTRENDS
and/or its licensors grants you a limited non-exclusive, non-transferable license
to use the Software on your computer or other electronic device used to access
the Site and Services solely for your own personal and non-commercial use only
and solely for purposes of using the Site or the corresponding Service in accordance
with the Terms of Service.
Reservation of Rights. Except as expressly provided herein,
nothing herein or on the Site shall be construed as conferring any license or
rights with respect to any of STOCKTRENDS' or any third party's intellectual
property rights (including under any patent, trademark, copyright or trade secret),
whether by estoppels, implication, waiver, or otherwise in any portion of the
Site, Services or Content. Without limiting the generality of the foregoing,
you acknowledge and agree that certain content (including the Content and Software)
available through and used to operate the Site and Services is protected by
copyright, trademark, patent, or other proprietary rights of STOCKTRENDS, its
affiliates and licensors. You agree not to adapt, translate, modify, decompile,
disassemble, or reverse engineer any Software, applications or programs available
through or used in connection with the Site, Services or Content. Further, you
agree not to modify, alter, or deface any of the trademarks, service marks,
or other intellectual property made available through the Site or Services.
All licenses granted hereunder shall automatically terminate upon the termination
of your subscription to the Site or the corresponding Service.
LINKS AND THIRD PARTY CONTENT: Certain links
on the Site may take you to other websites. STOCKTRENDS provides these links
only as a convenience and not as an endorsement by STOCKTRENDS. These linked
sites are not necessarily under the control of STOCKTRENDS. If you use these
sites, you do so at your own risk, and you will leave the Site. If you decide
to visit any linked site, you do so at your own risk and it is your responsibility
to take all protective measures to guard against viruses and other destructive
elements. STOCKTRENDS is not responsible for the content of any such linked
page or any other page not under its control. STOCKTRENDS makes no representation
or warranty regarding, and does not endorse, any linked websites or the information,
products or services appearing thereon. Further, the Site may contain materials,
data or information provided, posted or offered by third parties, including
content provided by other users of the Site ("Third Party Content").
You agree that STOCKTRENDS shall have no liability whatsoever for any such Third
Party Content.
COMPUTER VIRUSES: While STOCKTRENDS makes every
reasonable effort to ensure that the Content and Services made available on
the Site do not contain computer viruses and other destructive elements, you
acknowledge and agree that, prior to your use of any of the Content or Services,
it is solely your responsibility to (a) take all protective measures to guard
against viruses and other destructive elements (including the use of industry
standard and updated virus scanning tools); and (b) ensure that you have a complete,
current and secure back-up of the applicable items of information and software
on your computer or other electronic device used to access the Site and Services.
INDEMNITY: You agree to defend, indemnify and
hold harmless each of STOCKTRENDS, its affiliates, licensors, co-branders and
other partners, and each of their respective officers, directors, employees
and agents, including all third parties mentioned on the Site, from and against
any and all claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from: (a) your breach of any
of the Terms of Service; (b) your access to or use of the Site, Services or
Content; (c) your use or reliance on, or publication, communication or distribution
of anything on or from the Site; or (d) your violation of any law or regulation.
CHANGES: STOCKTRENDS reserves the right, in
its sole discretion, to add to, remove, modify or otherwise change any part
of the Terms of Service, including the Privacy Policy, in whole or in part,
at any time. Except as otherwise expressly contemplated herein, changes will
be effective when notice of such change is posted at the Site. Please check
these Terms of Service regularly for updates by checking the date of "Last
Update" at the top of this document. If any change is not acceptable to
you, you must discontinue your use of the Site and the Services immediately
and you may cancel your subscription. Your continued use of the Site or the
Services after any such changes are posted will constitute acceptance of those
changes. Further, STOCKTRENDS reserves the right to change, modify, suspend
or discontinue any aspect of the Site, Services or Content from time to time
without notice or liability and for any reason whatsoever.
PROHIBITED USES: You agree that you are responsible
for all use of your Account. You agree to comply with all applicable laws with
respect to your use of the Services and Content. STOCKTRENDS may investigate
any violations of law and may cooperate with law enforcement authorities in
prosecuting users in this regard. Use of the Site or any of the Services (including
any real-time exchange data services) on multiple devices (e.g. your home and
work computer) simultaneously with a single subscription is strictly prohibited.
Use of the Site or any of the Services for any commercial purposes whatsoever,
including professional purposes, is strictly prohibited.
LAW AND JURISDICTION: The Site is controlled,
operated and administered by STOCKTRENDS from its offices within Canada. STOCKTRENDS
makes no representation or warranty that Site, Services or Content are appropriate
or available for use at any locations outside Canada. If you access the Site
from outside Canada, you are responsible for compliance with all applicable
laws. You may not export any of the Content accessible through the Site in violation
of applicable export laws and regulations. The Terms of Service shall be interpreted,
construed and governed by the laws in force in the Province of British Columbia,
Canada, without reference to its conflict of laws principles. The parties agree
that any action, suit or proceeding arising out of or related to the Terms of
Service shall be commenced in Vancouver, British Columbia, Canada. Each party
hereby agrees to submit to the jurisdiction of the courts of British Columbia
and to waive any objections based upon venue in any such action, suit or proceeding.
The United Nations Convention on Contracts for the International Sale of Goods
does not apply to the Terms of Service.
ARBITRATION: Any and all disputes arising out
of the Terms of Service, the performance, breach, enforcement, existence or
validity, including any failure of the parties to reach agreement with respect
to matters provided for in the Terms of Service and all matters of dispute relating
to the rights and obligations of the parties, which cannot be amicably resolved,
even if only one of the parties declares that there is a difference, will be
referred to and finally settled by private and confidential binding arbitration
before a single arbitrator held in Vancouver, British Columbia in English and
governed by British Columbia law pursuant to the Commercial Arbitration Act
(British Columbia), as amended, replaced or re-enacted from time to time. The
arbitrator shall be a person who is legally trained and who has experience in
the information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection of intellectual
property rights and confidential information through injunctive or other equitable
relief through the courts.
GENERAL: This Agreement is personal to you,
and you may not assign your rights or obligations to anyone. The Terms of Service
constitute the entire agreement between STOCKTRENDS and you pertaining to your
use of the Site, Services and Content and supercedes any prior agreements between
you and STOCKTRENDS. STOCKTRENDS' failure to insist upon or enforce strict performance
of any right or provision of the Terms of Service shall not constitute or be
construed as a waiver of any right or provision. If any of the provisions (or
parts thereof) contained in the Terms of Service are determined to be void,
invalid or otherwise unenforceable by a court of competent jurisdiction, such
determination shall not affect the remaining provisions (or parts thereof) contained
herein. Any cause of action you may have with respect to your use of the Site
or which is the subject of the Terms of Service must be commenced within one
(1) year after the claim or cause of action arises. The relationship of the
parties is solely that of independent contractors and neither party shall have
any authority to act for or bind the other party. No changes to the Terms of
Service shall be made except by a revised posting on this page or except as
otherwise expressly contemplated herein. The parties have required that the
Terms of Service and all documents relating thereto be drawn up in English.
Les parties ont demandé que cette convention ainsi que tous les documents
que s'y rattachent soient rédigés en anglais.