PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY WEBSITE SERVICES PROVIDED TO YOU BY NARROWCONTENT NETWORKS LTD. AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF NARROWCONTENT NETWORK LTD.’S LIABILITY AND DISCLAIMERS.
1. Acceptance of Terms
All website services provided to you by NarrowContent, and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as “NarrowContent” or “we”) are provided to you subject to the following terms and conditions of service.
By using or accessing (either by computer, e-reader, mobile or other electronic device now or hereafter devised) Canadian Family Offices website (“Website”), mobile enabled Website, or mobile application (each a “NarrowContent Site” and collectively, the “NarrowContent Sites”) or any products, content or other services available on a NarrowContent Site (each a “Service” and collectively, the “Services”), you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular NarrowContent Site or Service (collectively the “Terms and Conditions”), all as may be modified by NarrowContent in accordance with these Terms and Conditions. Without limiting the generality of the foregoing, the Terms and Conditions will also apply if you access a NarrowContent Site or Service, or authenticate as a user, through a third-party website or social media application (for example, through X® or Facebook®). The Terms and Conditions will also apply when NarrowContent interacts with a third party. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to shall be the entire agreement between you and NarrowContent and any prior communications between you and NarrowContent (including, for example, e-mails) do not form part of these Terms and Conditions. If you do not agree with these Terms and Conditions, do not use any NarrowContent Site or any of the Services.
2. Your Subscription Obligations
You may be required to provide your e-mail to subscribe to the Narrow Content Site in order to receive newsletters. When you provide any information, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable Services’ registration form (such information collectively being the “Registration Data”); and (b) 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 incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your subscription and refuse any and all current or future use of the Services (or any portion thereof).
3. Privacy Statement
Registration Data and certain other personal information about you is subject to our Privacy Statement. For more information, please see our Privacy Statement. By submitting your personal information, you signify your agreement to our Privacy Statement which may be amended from time to time. You agree that NarrowContent has the right, but not the obligation, to monitor the NarrowContent Sites and the Services electronically from time to time.
You acknowledge that in the event that a third-party service provider is located in the United States or another foreign country, your personal information may be processed and stored in the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. Whenever we engage a third-party service provider to do work for us, we confirm that its privacy and security standards meet our requirements. You acknowledge and agree that this paragraph constitutes prior written notice to you of, and your consent to the collection, use and disclosure of your personal information as described above.
4. User Conduct
All information, data, text, software, music (including both the particular performance(s) and the underlying musical composition) sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on a NarrowContent Site, including links to any third party websites or social media applications embedded therein (“Content”) is the sole responsibility of the person from which such Content originates. You understand that by using a NarrowContent Site or Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NarrowContent be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
5. Responsibility for Minors
In cases where you have authorized a minor to use a NarrowContent Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of a NarrowContent Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a NarrowContent Site may contain Content that is inappropriate for minors. You acknowledge that NarrowContent has no obligation to monitor the Services or any Content accessible through the NarrowContent Sites.
6. Restrictions on Re-use, Re-sale of Services
All Content available on a NarrowContent Site, including the manner in which such Content is presented, and the Services are: Copyright NarrowContent, its affiliates, related companies, unaffiliated partners and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. NarrowContent grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services 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 a NarrowContent Site or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content.
7. Commercial Use
No areas of the NarrowContent Sites may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the applicable NarrowContent Site(s) and barring such violators from use of the NarrowContent Sites. We reserve the right to block access to the NarrowContent Sites by any user known or reasonably believed to be using the NarrowContent Sites for any commercial purpose (including, without limitation, the sale of goods and services).
8. Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the NarrowContent Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” pages contained on the NarrowContent Sites, or make any other request to transactional servers, more than once during any three second interval.
9. Downloads
files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by NarrowContent or third parties subject to these Terms and Conditions and the terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by NarrowContent or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that NarrowContent or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that NarrowContent, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications. NarrowContent Sites and/or Services and software derived from NarrowContent Sites and/or Services may be further subject to certain Canadian and United States export controls. No software from any NarrowContent Site or Service may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country prohibited by such export controls or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the NarrowContent Sites, Services or any software derived there from, you acknowledge that it is your responsibility to determine the applicability of and the compliance with, any export controls and you hereby represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list referred to above in respect of any applicable export control.
10. Indemnity
You agree to defend, indemnify and hold harmless each of NarrowContent, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a NarrowContent Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions (including any Terms and Conditions incorporated by reference); (b) your access to or use of a NarrowContent Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a NarrowContent Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. General Practices Regarding Use and Storage
You acknowledge that NarrowContent may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that the Content will be retained by a NarrowContent Site, the maximum number of times (and the maximum duration for which) you may access the NarrowContent Sites or the Services in a given period of time. You agree that NarrowContent has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted on or by a NarrowContent Site or Service. You further acknowledge that, in relation to free services, NarrowContent reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Modifications to Service
For users of the NarrowContent Sites and/or any Services, NarrowContent reserves the right, in its sole discretion, at any time and from time to time to modify these Terms and Conditions and discontinue, temporarily or permanently, any NarrowContent Sites or Services (or any part of such NarrowContent Sites or Services) with or without notice. You agree that any modification or discontinuance of any NarrowContent Sites or Services may be effected without prior notice. You further agree that NarrowContent shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of a NarrowContent Site or Service will mean that you accept those changes.
13. Termination
You agree that NarrowContent, in its sole discretion, may suspend or terminate your use of the NarrowContent Sites or Services at its convenience, or for any reason, including, without limitation, for lack of use or if NarrowContent believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. NarrowContent may also in its sole discretion and at any time discontinue providing the NarrowContent Sites or Services, or any parts of the NarrowContent Sites or Services with or without notice. You further agree that any suspension and/or termination of your access to the NarrowContent Sites or Services may be effected without prior notice. NarrowContent shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a NarrowContent Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of NarrowContent in operating a NarrowContent Site or any of the Services, your sole and exclusive remedy is to discontinue using the NarrowContent Site or Services in question.
14. Content Linked to a NarrowContent Site
Please exercise discretion while browsing the Internet. Please note that certain links on the NarrowContent Sites may take you to, or otherwise interact with, other websites (including social media websites). NarrowContent provides these links only as a convenience and not as an endorsement by NarrowContent. These linked sites are not necessarily under the control of NarrowContent. 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. Furthermore, you acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites. NarrowContent is not responsible for the content of any such linked sites or any other web page which is not part of a NarrowContent Site and under NarrowContent’s control. Unless otherwise expressly provided, NarrowContent makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that NarrowContent will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a NarrowContent Site or the use of any personal information that you provide to such linked site by the operator(s) of such linked site.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF ANY NARROWCONTENT SITE OR SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NARROWCONTENT SITES OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NARROWCONTENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NARROWCONTENT MAKES NO WARRANTY THAT (i) THE NARROWCONTENT SITES OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE NARROWCONTENT SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NARROWCONTENT SITES OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NARROWCONTENT SITES OR SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NARROWCONTENT SITES OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NARROWCONTENT, A NARROWCONTENT SITE OR THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NARROWCONTENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NARROWCONTENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE NARROWCONTENT SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NARROWCONTENT SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NARROWCONTENT SITES OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE NARROWCONTENT SITES OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT NARROWCONTENT HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE NARROWCONTENT SITES, SERVICES AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NARROWCONTENT. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. Professional Information Disclaimer
The NarrowContent Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a NarrowContent Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that NarrowContent, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
19. Medical/Health Information Disclaimer
The Professional Information may contain health-related and medical-related information (including any facts, views, opinions, recommendations, descriptions of, or references to, products, services and medications). Such health-related and medical-related information made available by NarrowContent, through a NarrowContent Site or any of the Services is: (a) for informational purposes only; (b) not to be used or construed as a substitute for professional medical advice, diagnosis, or treatment; (c) not intended as a recommendation or endorsement of any specific tests, products, procedures, opinions or any other information. Reliance on any health-related or medical-related Professional Information on, or accessible through, the NarrowContent Sites or Services is solely at your own risk. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE READ OR OTHERWISE OBTAINED FROM ANY NARROWCONTENT SITE.
20. Financial Information Disclaimer
The Professional Information may contain financial information (including any facts, views, opinions, recommendations, descriptions of, or references to, products or securities). Such financial information made available by NarrowContent, through a NarrowContent Site or any of the 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 NarrowContent; and (c) not necessarily reflective of the views or policy of NarrowContent, including the publisher, contributors and staff of, and advertisers on, a NarrowContent 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 NarrowContent. You should apply your own judgment in making any use of any financial information, 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. NARROWCONTENT 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 INFORMATION SOURCE. You acknowledge that NarrowContent may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a NarrowContent Site. The views and opinions expressed on a NarrowContent Site are not intended to constitute a description of securities bought, sold, or held on behalf of NarrowContent nor an indication by NarrowContent of any intention to buy, sell, or hold any security.
21. Search Content Disclaimer
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works, search results, listings (paid or free) and/or the arrangement thereof and any other works (the “Multimedia Content”) located through any NarrowContent Site’s search services are protected by copyright and/or other intellectual property laws. NarrowContent does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside a NarrowContent Site, all of the Multimedia Content contained on such sites is owned and served by entities other than NarrowContent. NarrowContent provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through a NarrowContent Site’s search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
22. Third Party Dealings & Online Sales Disclaimer
You acknowledge that some of the services accessible on the NarrowContent Site are provided by third parties, including but not limited to health newsletters and surveys. You acknowledge that in dealings with third parties, NarrowContent is not the seller or provider and your agreement of purchase or for services with such third party is between you and the third party, and not NarrowContent. NarrowContent assumes no responsibility whatsoever for any charges you, or any user of any account you establish through the NarrowContent Site, incurs when making purchases or other transactions in this manner. The responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours and/or the third party’s alone. You agree that NarrowContent shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a NarrowContent Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.
23. Trademarks
canadianfamilyoffices.com, the newspaper mastheads and other newspaper and NarrowContent trademarks and design marks, are trademarks and registered trademarks of NarrowContent Network Ltd. and/or their affiliates or related companies (collectively, the “NarrowContent Marks”). All other products, brand and company names and logos used or mentioned on a NarrowContent Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on a NarrowContent Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
24. Governing Law/Jurisdictional Issues
Except for third party sites and services independently operated and accessed through NarrowContent Sites, all other NarrowContent Sites and Services are controlled, operated and administered by NarrowContent from its offices within Canada. NarrowContent makes no representation or warranty that a NarrowContent Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a NarrowContent Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a NarrowContent Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and the Federal Courts situate therein, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
25. Arbitration and Actions
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any NarrowContent Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act 1991, (Ontario), 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. Any such Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
26. Miscellaneous
These Terms and Conditions constitute the entire agreement between NarrowContent and you pertaining to your use of the NarrowContent Sites and Services and, except as specifically set forth herein, supersede any prior agreements between you and NarrowContent relating to the NarrowContent Sites and Services. NarrowContent may assign these Terms and Conditions, in whole or in part, at any time. NarrowContent’s failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions 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 and Conditions, as amended from time to time, 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 which shall remain in full force and effect and shall be construed as if the invalid provision had been omitted. The parties have required that the Terms and Conditions 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 (Version française). In the event of a conflict between the English and French version of these terms, the English version shall prevail.