WEBSITE TERMS OF USE AND PRIVACY POLICY
Last Updated: October 27th, 2022
1. ABOUT US
FREDERICK PINTO LEGAL INC., henceforth referred to as “we” or “us” in these Terms of Use, operates https://fredpinto.com (the “Website”).
Our postal address is:
345 VICTORIA AVENUE, SUITE 401
WESTMOUNT, QC
CANADA
H3Z 2N2
These Terms of Use are a binding contract between you and us. Your access and use of the Website, including but not limited to informational and educational content, web applications, formatters, validators, encoders & decoders, converters, cryptography and security tools, string escapers and utilities, data generators and other web resources available on the Website (the “Contents”), constitute your acceptance of these Terms of Use in their entirety. If you do not agree with any of these Terms of Use, or the documents they refer to, you may not access or view the Website, nor utilize the Contents in any manner whatsoever.
You represent and warrant that you are an individual of legal age to form a binding contract.
Your usage of our Website and Contents is at your own risk, and we will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to us at any time.
If our Terms of Use change in the future, we will post the revised version on our Website and update the “Last Updated” date at the top of these Terms of Use. If the changes are significant, you will be notified via email and/or a prominent notice on our Website. However, we encourage you to review these Terms of Use periodically to stay informed. If you disagree with any changes to these Terms of Use, you will need to stop using the Website and/or Contents and deactivate your account(s), if applicable, as outlined below.
2. PERSONAL DATA AND PRIVACY
We are the controller of your personal information, and are responsible for the collection, processing and disclosure of your personal information as described in these Terms of Use, unless expressly specified otherwise. If you have any questions about these Terms of Use or want to exercise your rights hereunder, please email us at info@fredpinto.com or write to our Privacy Officer at the address above.
We are committed to protecting and respecting your privacy, and will only use any personal information submitted in conformity with all applicable laws and regulations, and in accordance with these Terms of Use.
Processing activities covered
These Terms of Use apply to the following processing activities:
- Visiting our Website and accessing our Website and/or Contents which display or link through to these Terms of Use;
- Communicating with us to report a problem or to submit queries, concerns or comments regarding our Website and/or Content;
- Receiving email communications from us;
- Joining one or more of our online communities and participating in discussions within such online communities; and
- Registering for and participating in one or more offline conferences, meetups and other in-person networking and educational activities organized by us.
Personal information that we collect
We only collect the personal information that is necessary to carry out our business, provide the service(s) you requested and to keep you informed of the latest news about our services.
Subject to certain exceptions and limitations, personal information is any information that directly or indirectly identifies, describes, relates to, is capable of being associated with, or can reasonably link to a particular consumer or household.
The personal information that we collect directly from you may include the following:
- Personal identifiers, which may include, without limitation, email address, name, address, telephone number, education, employment, credit card number, debit card number, or any other financial information;
- Internet or other electronic network activity information, which may include, without limitation, browsing history, search history, and information regarding interaction with an internet website, application or advertisement;
- Geolocation data, which may include, without limitation, current and historical physical location including the country, state, city, zip code, address and/or location over time; and
- Inferences we make, which may include your likelihood of retention.
Personal information of children
You must be at least 18 years old to to sign up to our newsletter. We do not knowingly collect any personal information from children under the age of 18. Those under the age of 18 should not use the Website or Contents, or provide us with any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage, and if you have reasons to believe that a child under the age of 18 has provided personal information to us, please email us at info@fredpinto.com.
Device and usage data
We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain personal information, from your computer or mobile device as you navigate our Website and Contents or interact with emails we have sent to you.
As is true of most websites, we gather certain information automatically via log files. This collected information may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage.
This information is used to comply with data contracts, treaties, national laws, and regulations, analyze overall trends to help us provide and improve our Website and Contents, and to guarantee their security and continued proper functioning. We also collect IP addresses from users when they log into the services as part of our security features.
We use cookies and similar technologies such as web beacons, tags, and Javascript alone or in conjunction with cookies to compile information about usage of our Website and Contents and interaction with emails from us.
When you visit our Website, our servers or an authorized third party may place a cookie on your browser, which can collect information, including personal information, about your online activities over time and across different sites. Cookies help us ensure our Website is not misused by bots and prevent account login information sharing.
We use both session-based and persistent cookies. Session cookies exist only during one session and disappear from your computer or device when you close your browser software or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer or device. Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set by using the opt-out tool at www.optout.networkadvertising.org. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on our Website and Contents, you may not be able to take full advantage of the Website and Contents.
We partner with a third-party ad network to either display advertising on our Website or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other websites to provide you targeted advertising based upon your interests, which is called online behavioural advertising. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by using the specific opt-out mechanism at www.optout.networkadvertising.org. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
Purposes for which we process personal information and the legal basis on which we rely
We collect and process your personal information for the purposes and on the legal basis identified below:
- Providing our services and performing contracts: We use your personal information to enable us to operate and administer our Website and Contents, and to perform any contract with you to provide you with content you access and service you request according to any applicable terms of service;
- Managing user registrations: We will process your personal information by managing your user account for the purpose of performing the contract with you according to any applicable terms of service, and relevant national laws and regulations;
- Handling contact and user support requests: If you contact us by any available means, we will process your personal information to the extent it is necessary to fulfill your request and communicate with you;
- Developing and improving our Website and Contents: We will process your personal information to analyze trends and track your usage of our Website and Contents, and interactions with emails to the extent this is necessary for us to develop and improve our Website and Contents and to provide our users with more relevant content;
- Sending communications: We will process your personal information to send you the latest updates about us, including information about our service, to the extent you have provided your prior separate consent;
- Complying with legal obligations: We will process your personal information when cooperating with public and government authorities, courts, or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal information to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of data hosted on our Website, our data, our Website, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with judicial proceedings, court order, or legal process, and/or to respond to lawful requests.
Where we need to collect and process personal information by law, or under a contract we have entered into with you and you fail to provide that required personal information when requested, we may not be able to perform the contract.
Where your personal information is anonymized or de-identified, we do not require a legal basis to use it as the information will no longer constitute personal information under the applicable data protection law. Our use of anonymized or de-identified data is not subject to these Terms of Use.
Service providers and Affiliates
Your personal information may be collected, transferred to, and stored by us in Canada and/or the United States of America. We will use reasonable means to ensure that personal information is protected regardless of where your personal information may be located.
We may transfer personal information to non-affiliated service providers in providing the services, such as IT and system administration and hosting, research and analytics, marketing, account management, technical operations, credit card processing and email service providers to send out emails on our behalf, pursuant to agreements that prohibit the service providers from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. The names, addresses and contact information of our contracted service providers whose are reproduced below.
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Service Providers |
Contact Information |
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Mailchimp |
The Rocket Science Group LLC d/b/a Mailchimp
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Facebook |
Facebook
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Substack |
Substack Inc. |
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Buzzsprout |
Buzzsprout |
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SiteGround |
SiteGround Hosting Ltd. |
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WordPress |
Controllers for All Automattic Services (except WooCommerce) “Designated Countries” (Australia, Canada, Japan, Mexica, New Zealand, Russia, and all countries located in Europe (including the UK and ROI) Automattic Inc. If you reside in the “Designated Countries” Aut O’Mattic A8C Ireland Ltd. |
We may disclose aggregate statistics about our users in order to describe our business to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information. We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing our services, processing transactions, receiving and sending communications, updating marketing lists, analyzing data, providing IT and other support services, or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions. In the event of a sale of all or substantially all of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating the proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in these Terms of Use.
We reserve the right to disclose your personal information as required by law, and as necessary to protect our property, interests and rights.
In individual cases, we may also share personal information with professional advisors acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in countries in which we operate, who provide consultancy, banking, legal, insurance, and accounting services.
Any personal information or other information you choose to submit in communities, forums, blogs, or chat rooms on our Website may be read, collected, and/or used by others who visit these forums, depending on your account settings.
Our Website and Contents may contain links to Websites operated by third parties. These Websites may collect your personal information. These Terms of Use do not apply to the practices of third parties and we do not assume any responsibility for, and by using our Website and Contents and/or accessing a third party’s website from our Website and Contents, you release us of any responsibility for, the actions, practices and omissions of third parties. Please check the privacy policy at each website you visit.
When you sign up for our newsletters or Contents, you consent to receiving occasional content and emails from us and. Should you wish to unsubscribe, you can do so by using the unsubscribe mechanism in individual emails or contacting us at info@fredpinto.com.
Retention of personal information
We will keep your personal information only as long as is reasonably necessary for the time consistent with the original purpose of collection or such longer period as may be required by applicable law. We determine the appropriate retention period for personal information on the basis of the amount, nature, and sensitivity of your personal information, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means.
Your access to and control over your personal information
You may exercise any of the rights described below by sending an email to info@fredpinto.com or by using the contact information indicated in this section. Please note that we may ask you to verify your identity before taking further action on your request. The verification methods we use may include requests to disclose your first name, last name, email address, location information, security question, account activity and other information. We will process your request within 30 days of receipt.
a) Managing your information
You may access and update some of your information by accessing your account with us or any of our affiliates, as applicable. You are responsible for keeping your personal information up-to-date. You can also ask us to correct inaccurate or incomplete personal information concerning you that you cannot update yourself within your account.
b) Access to your information
You have the right to request information about the personal information we hold on you at any time. You can contact us at info@fredpinto.com and we will provide you with your personal information via email. If you require additional copies, we may need to charge a reasonable fee.
If you are a Californian resident, once per calendar year, you may request that we provide a list of companies to which we disclose your personal information for business purposes, and a list of the categories of such personal information that we share. You may request further information about our compliance with this law by emailing info@fredpinto.com. Please include “California Privacy Rights Request” in the first line of the description and your California mailing or street address. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address nor requests made by non-California US residents.
c) Right to erasure
If you no longer want us to use your information to provide you with our latest news or any of our services, you can request that we erase your personal information and close your account(s).
Please note, however, that we may retain some of your personal information as necessary for our legitimate interests, such as fraud detection and enhancing security. We may also retain and use your personal information to the extent necessary to comply with our legal obligations, such as keeping information for tax, legal reporting and auditing obligations, as well as professional obligations. Information you have shared with others (e.g. comments, community postings) may continue to be publicly visible. Additionally, some copies of your information (e.g. log records) may remain in our database, but are disassociated from personal identifiers. Residual copies may also be kept in our backup systems. If we have shared your personal information with service providers, we will let them know about the erasure where possible.
d) Right to object to direct marketing
If we rely on your consent as our legal basis for processing your personal information, you have the right to withdraw that consent at any time. If you have already given your consent but you prefer not to receive promotional information from us, you may unsubscribe by using the unsubscribe link situated at the bottom of any promotional message you receive from us, or email us at info@fredpinto.com.
e) Restriction of processing
You can ask us to block or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us processing it and we have no legitimate grounds that override yours. Such request alone does not stop us from storing your personal information.
If you are a Californian resident, you have the right to opt-out of the sale of your personal information. Under the California Consumer Privacy Act (the “CCPA”), the “sale” of personal information broadly includes any communication of personal information to any business that is deemed to be a “third party” (as defined in the CCPA) for monetary or other valuable consideration, subject to certain exceptions and limitations. We do not sell personal information. However, if you would like to submit such a request, please send your request to info@fredpinto.com.
f) Right to portability
Whenever we process your personal information, by automated means based on your consent or based on an agreement, you have the right to get a copy of your personal information transferred to you or to another party. This only includes the personal information you have provided to us.
g) Automated decision-making
You have the right to elect not to be subject to a decision based solely on automated processing, including profiling (“Automated Decision-Making”). Our Website does not currently use Automated Decision-Making.
h) Consent withdrawal
To the extent we base the collection, processing, and sharing of your personal information on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
i) Right to non-discrimination
Pursuant to the CCPA, we will not discriminate against Californian residents for exercising any of their rights under the CCPA. Unless permitted by the CCPA, we will not deny you services, charge you different prices or rates for services, or imposing penalties, provide you a different level or quality of services, or suggest that you may receive a different price or rate for services or a different level or quality of services for your exercise of your CCPA rights.
j) Authorized agent
If you are a Californian resident, you may use an authorized agent to exercise certain privacy-related requests and rights on your behalf. The authorized agent’s exercise or request on your behalf sent by mail shall include a power of attorney or a notarized statement properly signed by you appointing such authorized agent for such purpose. If your authorized agent submits the exercise or request online, a copy of the power of attorney or the original notarized statement shall be sent to us by mail.
k) Questions or complaints
If you have any queries or to make any complaint in relation to these Terms of Use and our privacy practices, you may write to our Privacy Officer at info@fredpinto.com or at the following address:
Privacy Officer
345 VICTORIA AVENUE, SUITE 401
WESTMOUNT, QC,
CANADA
H3Z 2N2
Personal information security
We take reasonable precautions to ensure the protection of personal information, collected, used or disclosed by us using appropriate physical, organizational and technological measures. We use industry-standard encryption technologies to receive sensitive data submitted by you on our Website.
In case of a personal data breach that is likely to result in high risk to your rights and freedoms, we will notify you and the proper authority within 72 hours of becoming aware of the breach and without undue delay.
While we follow generally accepted standards to protect personal information, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of the Website after your sessions. If you have any questions about the security of our Website, please contact us using the contact information in the “Questions or complaints” section above.
3. NO WARRANTIES AND DISCLAIMER
The Website and Contents are provided “AS IS”, without any representations or warranties, express or implied.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
- The Website or any Contents contained therewith will be constantly available, or available at all; or
- The information on the Website or in the Contents is complete, true, accurate or non-misleading.
The Website’s owners, presenters, and employees are not in the business of providing personal, health, medical, financial, or legal advice and specifically disclaims any liability, loss or risk, which is incurred as a consequence, either directly or indirectly, by the use of any of the information contained in the Website and Contents. The Website and Contents do not provide any personal, health, medical, financial, or legal advice or other professional services advice and are not intended to be a substitute for meeting with professional advisors. If legal advice or other expert assistance is required, the services of competent, licensed and certified professionals should be sought. In addition, we do not endorse any specific professionals, advisors or treatment.
Our Website and Contents are for informational purposes only and are not meant to provide any guaranteed results. We do not provide any medical advice through our Website or Contents, and any information provided through the Website or Contents is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Use your best judgment and common sense, and exercise a healthy skepticism when using the Website and Contents. If you have any suspicion of a mental or physical health issue, you should consult an appropriate licensed professional immediately.
4. LIMITATIONS OF LIABILITY
Under no circumstances will we, our officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons (the “Fred Pinto Parties”) be responsible or liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the use of, or otherwise, in connection with, any of the Website, Contents or Communities, as defined hereinbelow, online or offline:
- For any direct loss;
- For any indirect, special or consequential loss;
- For any punitive, incidental, punitive, exemplary or similar damages;
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
- For any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our Website or Contents or the information contained therein;
- For any errors, mistakes, omissions or inaccuracies;
- For any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website, Contents or any information, materials, goods and services provided by our affiliates, licensors, users or other third parties;
- For any unauthorized access to or use of servers we use and/or any and all personal information stored therein;
- For any interruption or cessation of transmission to or from the servers we use;
- For bugs, viruses, Trojan horses, spyware or the like that may be transmitted to or through the servers we use by any third party;
- For loss or damage incurred as a result of the use of our Website, Content or any information, materials, goods and services provided by our affiliates, licensors, users or other third parties; and/or
- For User Submissions, as defined hereinbelow or the defamatory, offensive, or illegal conduct of any third party.
These limitations of liability apply even if we have been expressly advised of the potential loss.
In no event shall the Fred Pinto Parties be liable to you for any claims in an amount exceeding the amount you paid to us hereunder. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been expressly advised of the possibility of such damage or loss. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
We are not responsible for any User Submissions, as defined hereinbelow, on our Website or online communities, including but not limited to https://www.facebook.com/fredpintopodcast (collectively, the online communities are hereinafter referred to as the “Communities”). User Submissions express the views of their authors only. You remain solely responsible for the content of your posted messages. Note that it is impossible for the staff or the owners of the Communities to confirm the validity of posts. We do not actively monitor the posted messages, and as such, is not responsible for the content contained therein.
5. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
The Website and Contents may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Website and/or Contents, shall be exclusively owned by us.
You may use our Website only for the purpose of using the Contents as provided, for informational, personal and non-commercial purposes and for no other purpose. No materials from the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. You may not copy or distribute any graphics from the Website and/or Contents separately from their accompanying text, and you may not quote materials out of their context. The permission to use provided above does not include permission to copy the design elements, look and feel, or layout of the Website and/or Contents. We hereby reserve all rights not expressly granted herein.
Any unauthorized use of the materials appearing on our Website or in our Contents may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.
Our Website and Contents, as well as Communities, contain functions that allow you to submit feedback and participate in discussions with other users (“User Submission”). You retain ownership of any intellectual property rights that you hold in such User Submissions. When you create, upload, submit, store feedback to or through the Website, Contents or Communities, you agree to give us a royalty-free, perpetual, sublicensable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such User Submissions to enable us to operate and improve our services.
6. USER SUBMISSION STANDARDS
Any and all User Submissions you make via the Website, Contents or Communities must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, they must comply with the following User Submission standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
- Not violate the 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 of Use;
- Not violate or try to violate the security features of the Website or Contents;
- Not be likely to deceive any person;
- Not promote any illegal activity, or advocate, promote or assist any unlawful act;
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
- Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
A violation of any of the foregoing is grounds for termination of your right to use or access our Website, Contents and Communities.
We reserve the rights to remove or modify any User Submission submitted for any reason without explanation. We reserve the right to take action against any account with our Communities at any time.
You agree to defend, indemnify and hold all Fred Pinto Parties harmless from and against any and all claims, actions, suits, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (collectively “Claims”) arising out of or relating to: your use of and access to our Website or Contents, including any data, content or material provided or received by you; your violation of any term of these Terms of Use, including without limitation your breach of any representations and warranties herein; your violation of any third-party right, including without limitation any right of privacy or Intellectual Property; your violation of any applicable law, rule or regulation; any Claim that arises as a result of any of your information; any other party’s access and use of our Website or Contents, with your unique username, password or other appropriate security code.
7. OTHER PARTIES
You accept that we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our directors, officers or employees in respect of any losses you suffer in connection with the Website or Contents.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms of Use will protect all Fred Pinto Parties.
We shall not be responsible, directly or indirectly, for any third-party contents hosted on our Website, or any offline activities not hosted by us.
We have not reviewed all of the sites linked to the Website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of the site. Use of any such linked website is at your own risk.
8. ADVERTISING AND AFFILIATE PROGRAMS
We may be compensated by companies mentioned through advertising, affiliate programs or otherwise on the Website, without any extra cost to you. Any references to third party products, rates or websites are subject to change without notice. Please do the appropriate research before participating in any third party offers.
9. WAIVERS
Failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.
10. SEVERABILITY
If any provision of these Terms of Use is, or is found to be, unenforceable under applicable law, it will not affect the enforceability of the other provisions of these Terms of Use.
11. GOVERNING LAW
These Terms of Use shall be governed and construed in accordance with the laws of Quebec, Canada, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms and Conditions shall be finally settled in accordance with the rules of the Canadian Arbitration Association (“CAA Rules”) by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in the Montreal, Canada in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to costs and attorneys’ fees.