Email Compatibility

Email Compatibility

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  • Gmail
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  • Android Phones
  • Iphone
  • Blackberry

Wherever you receive email now...

You can receive our business email.


 
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PostHeaderIcon Terms of Service

This is an agreement ("Agreement") between Branded Business Email ("BBE") and any person ("User") who completes the registration process to open and maintain an account with the BBE's Business Email service ("Service"). BBE and User are collectively referred to as the "parties."
Service Description. This Service is proprietary to BBE and is subject to all intellectual property laws and international intellectual property treaties. User's access to the Service is licensed and not sold and as such BBE retains ownership of and all rights to the domain(s) registered as part of the Service. Subject to [the timely payment of all Fees and] the terms and limitations set forth in this Agreement, BBE agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Service (but not for service bureau, time-sharing, or similar services). BBE reserves all rights not expressly granted to User, including, but not limited to, the right to alter, modify, update, enhance, or improve the Service.
Service Accessibility. User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which BBE may undertake from time to time; or (iii) causes beyond the control of BBE or which are not foreseeable by BBE.
Service Equipment Responsibilities. User shall be solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for User's use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.
Service Limitations
(a) Security. User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores on the Service. User shall be solely responsible for any authorized or unauthorized access to User's account by any person. User agrees to bear all responsibility for the confidentiality of User's passwords.
(b) Privacy Policy. In an effort to address User's privacy concerns, BBE has instituted a privacy policy ("Privacy Policy") which may be found at http://www.brandedbusinessemail.com/privacy-policy and is incorporated herein by this reference. BBE reserves the right to change the Privacy Policy at any time. User acknowledges that they have read and understand the Privacy Policy and that User has the obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflicts with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall prevail.
Intellectual Property
The intellectual property utilized in providing this Service is the valuable, confidential and copyrighted property of BBE. User may use the Service as permitted herein and may not otherwise modify, adapt, translate, or create derivative works based on the Service unless negotiated to the contrary with BBE. If User wishes to use the Service or any additional and interface software utilized in providing the Service in a manner not expressly permitted by this Agreement, User may request express written permission from BBE by giving to BBE a written description of the intended use and such other information as BBE may reasonably request. Said written permission may be given or withheld at the sole discretion of BBE. Between the parties, BBE owns all right, title, and interest in and to the Service, including without limitation, all additional and interface software, all current and future enhancements, revisions, new releases and updates thereof and any derivative works based thereon and all documentation thereto, all copyrights, trade secrets, patents and goodwill therein. Between the parties, User shall retain all rights, if any, which User may have in any images, photographs, illustrations, graphics, audio clips, video clips and text retrieved, viewed or sent by User using the Service. "BBE" and the "@" logo are service marks of BBE. All other trademarks, service marks and logos used on the website or through the Service are the trademarks, service marks or logos of their respective owners.
User Representations
User represents and warrants to BBE: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User's obligations under this Agreement; (b) all information provided by User to BBR is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth in the Prohibited Uses; (d) User has provided and will maintain accurate and complete registration information with Company, including, without limitation, User's legal name, address and telephone number; and (e) User's access to and/or use of the Service does not and will not constitute a breach or violation of any other agreement, contract, terms of use, or similar policy or understanding to which User is or may be subject to.
Prohibited Uses
User is solely responsible for any and all acts and omissions that occur under User's account or password, and User agrees not to engage in unacceptable or illegal use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, defamatory, harassing, grossly offensive, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the Canada and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; (h) consume an unfair, unequal, or excessive amount of network or system resources including but not limited to; excessive SMTP usage, excessive IMAP usage, or use of a automated program to transmit large quantities of information or emails; or (i) engage in any other activity deemed by BBE to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER'S SOLE RISK. BBE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. BBE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.
Termination
This Agreement is effective upon User's acceptance as set forth herein and shall continue in full until terminated. User may terminate this Agreement for any reason upon sixty (60) days prior notice to BBE. This Agreement will terminate automatically without notice from BBE if User fails to comply with any provision of this Agreement. BBE reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User's access to or use of all or any portion of the Service; and (c) terminate this Agreement. Termination for any reason shall not affect BBE's entitlement to any sums due hereunder, or any additional remedies provided by law or equity. Under no circumstances shall User be entitled to any refund on any portion of fees paid in connection with this Agreement.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL "BBE" BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER'S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID, IF ANY, BY USER TO BBE HEREUNDER. SOME PROVINCES OR STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITHIN THE TERMINATION SECTION.
BBE IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICE. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR USER TO OBTAIN THE RIGHTS TO USE THE SERVICE AT THE SPECIFIED PRICE, IF ANY. USER AGREES TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY BBE CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER.
Indemnification
User agrees to indemnify, hold harmless and defend Company, its members, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement; (b) User's use of the Service, including any data or work transmitted or received by User; and (c) any unacceptable use of the Service by User or through User's account, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable under Prohibited Uses.
Miscellaneous
1. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
2. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by email at the address provided to BBE by User. User's access to or use of the Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
3. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instance(s), shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
4. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and will not effect the other provisions which will remain fully effective and enforceable.
5. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party's last known post office, facsimile or e-mail address, respectively. User hereby consents to notice by email. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, or as requested, provide to the other party.
6. Law. This Agreement shall be treated as though it were executed and were to be performed in the Province of Ontario, Canada. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded, but such rights and obligations will instead be governed by the laws of the Province of Ontario, Canada. This Agreement shall be interpreted in accordance with and governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.
7. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the national or provincial courts in the Province of Ontario. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the national and/or provincial courts in the Province of Ontario. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the national or provincial courts in the Province of Ontario and to the laying of venue of any such suit, action or proceeding brought in any such national or provincial court in the Province of Ontario.
8. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the provincial or national courts of the Province of Ontario, Canada.
9. Action. No action arising under this Agreement may be brought by User more than one year after the cause of action has accrued.
10. Attorney's Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees for the attorneys, accountants, and other professionals, and costs or expenses in addition to any other relief to which such prevailing party may be entitled.
11. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
12. Force Majeure. If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
13. Survival. All terms and provisions not affected by a termination will remain in effect and survive said termination in regards to this agreement.
14. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.
This is an agreement ("Agreement") between Branded Business Email ("BBE") and any person ("User") who completes the registration process to open and maintain an account with the BBE's Business Email service ("Service"). BBE and User are collectively referred to as the "parties."


Service Description

This Service is proprietary to BBE and is subject to all intellectual property laws and international intellectual property treaties. User's access to the Service is licensed and not sold and as such BBE retains ownership of and all rights to the domain(s) registered as part of the Service. Subject to [the timely payment of all Fees and] the terms and limitations set forth in this Agreement, BBE agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Service (but not for service bureau, time-sharing, or similar services). BBE reserves all rights not expressly granted to User, including, but not limited to, the right to alter, modify, update, enhance, or improve the Service.


Service Accessibility

User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which BBE may undertake from time to time; or (iii) causes beyond the control of BBE or which are not foreseeable by BBE.


Service Equipment Responsibilities

User shall be solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for User's use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.


Service Limitations

(a) Security. User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores on the Service. User shall be solely responsible for any authorized or unauthorized access to User's account by any person. User agrees to bear all responsibility for the confidentiality of User's passwords.
(b) Privacy Policy. In an effort to address User's privacy concerns, BBE has instituted a privacy policy ("Privacy Policy") which may be found at http://www.brandedbusinessemail.com/privacy-policy and is incorporated herein by this reference. BBE reserves the right to change the Privacy Policy at any time. User acknowledges that they have read and understand the Privacy Policy and that User has the obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflicts with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall prevail.


Intellectual Property

The intellectual property utilized in providing this Service is the valuable, confidential and copyrighted property of BBE. User may use the Service as permitted herein and may not otherwise modify, adapt, translate, or create derivative works based on the Service unless negotiated to the contrary with BBE. If User wishes to use the Service or any additional and interface software utilized in providing the Service in a manner not expressly permitted by this Agreement, User may request express written permission from BBE by giving to BBE a written description of the intended use and such other information as BBE may reasonably request. Said written permission may be given or withheld at the sole discretion of BBE. Between the parties, BBE owns all right, title, and interest in and to the Service, including without limitation, all additional and interface software, all current and future enhancements, revisions, new releases and updates thereof and any derivative works based thereon and all documentation thereto, all copyrights, trade secrets, patents and goodwill therein. Between the parties, User shall retain all rights, if any, which User may have in any images, photographs, illustrations, graphics, audio clips, video clips and text retrieved, viewed or sent by User using the Service. "BBE" and the "@" logo are service marks of BBE. All other trademarks, service marks and logos used on the website or through the Service are the trademarks, service marks or logos of their respective owners.


User Representations

User represents and warrants to BBE: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User's obligations under this Agreement; (b) all information provided by User to BBR is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth in the Prohibited Uses; (d) User has provided and will maintain accurate and complete registration information with Company, including, without limitation, User's legal name, address and telephone number; and (e) User's access to and/or use of the Service does not and will not constitute a breach or violation of any other agreement, contract, terms of use, or similar policy or understanding to which User is or may be subject to.


Prohibited Uses

User is solely responsible for any and all acts and omissions that occur under User's account or password, and User agrees not to engage in unacceptable or illegal use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, defamatory, harassing, grossly offensive, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the Canada and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; (h) consume an unfair, unequal, or excessive amount of network or system resources including but not limited to; excessive SMTP usage, excessive IMAP usage, or use of a automated program to transmit large quantities of information or emails; or (i) engage in any other activity deemed by BBE to be in conflict with the spirit or intent of this Agreement.


Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER'S SOLE RISK. BBE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. BBE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.


Termination

This Agreement is effective upon User's acceptance as set forth herein and shall continue in full until terminated. User may terminate this Agreement for any reason upon sixty (60) days prior notice to BBE. This Agreement will terminate automatically without notice from BBE if User fails to comply with any provision of this Agreement. BBE reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User's access to or use of all or any portion of the Service; and (c) terminate this Agreement. Termination for any reason shall not affect BBE's entitlement to any sums due hereunder, or any additional remedies provided by law or equity. Under no circumstances shall User be entitled to any refund on any portion of fees paid in connection with this Agreement.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL "BBE" BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER'S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID, IF ANY, BY USER TO BBE HEREUNDER. SOME PROVINCES OR STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITHIN THE TERMINATION SECTION.
BBE IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICE. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR USER TO OBTAIN THE RIGHTS TO USE THE SERVICE AT THE SPECIFIED PRICE, IF ANY. USER AGREES TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY BBE CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER.


Indemnification

User agrees to indemnify, hold harmless and defend Company, its members, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement; (b) User's use of the Service, including any data or work transmitted or received by User; and (c) any unacceptable use of the Service by User or through User's account, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable under Prohibited Uses.


Miscellaneous

1. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
2. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by email at the address provided to BBE by User. User's access to or use of the Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
3. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instance(s), shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
4. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and will not effect the other provisions which will remain fully effective and enforceable.
5. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party's last known post office, facsimile or e-mail address, respectively. User hereby consents to notice by email. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, or as requested, provide to the other party.
6. Law. This Agreement shall be treated as though it were executed and were to be performed in the Province of Ontario, Canada. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded, but such rights and obligations will instead be governed by the laws of the Province of Ontario, Canada. This Agreement shall be interpreted in accordance with and governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.
7. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the national or provincial courts in the Province of Ontario. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the national and/or provincial courts in the Province of Ontario. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the national or provincial courts in the Province of Ontario and to the laying of venue of any such suit, action or proceeding brought in any such national or provincial court in the Province of Ontario.
8. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the provincial or national courts of the Province of Ontario, Canada.
9. Action. No action arising under this Agreement may be brought by User more than one year after the cause of action has accrued.
10. Attorney's Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees for the attorneys, accountants, and other professionals, and costs or expenses in addition to any other relief to which such prevailing party may be entitled.
11. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
12. Force Majeure. If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
13. Survival. All terms and provisions not affected by a termination will remain in effect and survive said termination in regards to this agreement.
14. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.
 

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