DANA RITCHIE EMOTIONAL ENLIGHTENMENT SERVICES LTD.
TERMS AND CONDITIONS OF USE v.4.0
Date of Last Revision: September 6, 2017
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE DANA RITCHIE EMOTIONAL REJUVENATION WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms“) apply exclusively to your access to, and use of, the Web site of Dana Ritchie Emotional Enlightenment Services Ltd. (“DREE“), located at www.wellmanagedmind.com (the “Site“) and the courses, the membership area, information and other services provided on the Site (the “Services“). If you are using the Site on behalf of any person (and for the purposes of these Site Terms, “person” includes natural persons and any type of incorporated or unincorporated entity), you represent and warrant that you are authorized to accept these Site Terms on such person’s behalf, and that such person agrees to indemnify you and DREE for violations of these Site Terms.
Each time you access the Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by these Site Terms as they then read.
The Site may be accessed and used only be individuals who can form legally binding contracts on their own behalf and on behalf of the persons they represent, and who have accepted these Site Terms.
These Site Terms are in addition to and supplement any other written agreements you may have with DREE for products, services or otherwise. These Site Terms will govern regarding access to and use of the Site, and the other agreements will govern regarding all other matters.
DREE reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Although we will attempt to notify you when major changes are made to these site terms, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have questions or comments about the Site or its content, please contact Customer Support, at [email protected]
- Consent to Receive E-mails
- Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the DREE logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials“) are the proprietary property of DREE or its licensors or users and are protected by Canada, U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only.
The above license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any user pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized in these Terms and Conditions, without the prior written permission of DREE, is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Full Address of Designated Agent to Which Notification of Claimed Infringement Should be Sent: Dana Ritchie Emotional Enlightenment Services Ltd., c/o Laura Bilton, Paperclip Law Corporation, 221 W. Esplanade, Suite 308, The Landing in North Vancouver, Vancouver, B.C. V7M 3J3
E-Mail Address of Designated Agent: [email protected]
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.
Dana Ritchie, Dana Ritchie Emotional Enlightenment Services Ltd., Well Managed Mind, the DREE logo and any other product or service name or slogan contained in the Site are trademarks and/or registered trademarks of DREE and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DREE or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Dana Ritchie”, “Dana Ritchie – Well Managed Mind” or any other name, trademark or product or service name of DREE without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark and/or trademark of DREE and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and DREE names or logos mentioned in the Site are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Dana Ritchie, DREE, any of its products and services, or any Site user, service provider or service partner in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time and for any reason by DREE. You may not use a DREE logo or other proprietary graphic of DREE to link to this Site without the express written permission of DREE. Further, you may not use, frame or utilize framing techniques to enclose any DREE trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without DREE’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DREE or any third party.
DREE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of DREE and DREE is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. DREE provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by DREE of any site or any information contained in such Site. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
- Financial Compensation Received by DREE
DREE offers optional premium services such as online courses, one-on-one sessions and tutorials (“Premium Services”). By selecting a Premium Service you agree to pay DREE the fees indicated for that service. Payments will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Monthly payments will be charged to your credit card on a recurring basis until you cancel your service. Premium Services other than advertising must be cancelled prior to your monthly renewal in order to avoid billing of the next month’s Premium Service fee.
If your payment method fails or your account is past due, DREE reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination may result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to DREE within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
- No Advice, No Client Relationship
The Site and the Services offered on the Site are for informational and demonstrative purposes only. The Site is not offering advice, recommendations, or an offer, solicitation or recommendation of any particular therapy, action or activity as suitable for you or your needs. You should always contact your physician before beginning any new activity, therapy or other course of action.
Other information posted or made available on or through the Site, including without limitation any user reviews, comments, responses to questions posted in forum section of the Site (the “Forums”) and any other comments, opinions, recommendations, answers, analysis, references, referrals or related content or information (collectively “Information“) is not intended to create a relationship between you and any other user, Dana Ritchie, DREE, or any service provider or service partner featured on the Site. Such Information is intended for general informational purposes only and should be used only as a starting point for addressing your personal needs. You should not rely upon such Information. You understand that questions and answers or other postings to the Site are not confidential.
DREE does not screen, approve, endorse or limit who may post Information or User Content. Although we reserve the right to review, remove or edit any content from the Site, we do not routinely screen, monitor, or review the content of any such Information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Information or the qualifications of those posting Information, or any automated recommendations of suitable activities, therapies or programs provided by the Site based on preferences and restrictions indicated by you.
DREE SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON INFORMATION IS SOLELY AT YOUR OWN RISK.
- Disclaimers and Acknowledgements Regarding Use of Site Information
While DREE endeavors to provide and to allow others to provide useful information regarding activities, therapies and programs, membership discussions and feedback, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Site Materials, such as reviews and ratings of activities, therapies or programs and other Information), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You should independently verify the accuracy of any information you obtain on the Site before using it. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of any activity, therapy or program for your needs, notwithstanding any information you may receive from the Site.
Additional information about Site Materials, the Services, Forums, the sources of information displayed on the Site, and other important matters is contained within the Site itself, and you acknowledge and agree that your use of the Site, or of any information or features in or on the Site, including any interactions with any professional on the Site, including Dana Ritchie, featured service providers and service partners, is informed by and subject not only to these Disclaimers and Site Terms but also by the information and explanation available on these pages.
DREE IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. DREE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
DREE reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by DREE.
- Disclaimers and Limitation of Liability
DREE does not accept any liability for your use of the Site, including the Interactive Areas. For that reason, the following provisions apply to all matters arising from, connected with or related to the Site:
THE SITE, THE SITE MATERIALS (INCLUDING ANY INFORMATION) AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SEQUENCE, OR TIMELINESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY DREE TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DREE MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION AVAILABLE ON, THROUGH OR CONNECTED WITH THE SITE WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE, AUTHENTIC OR COMPLETE; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH ACCESS TO OR USE OF THE SITE; (F) ACCESS TO AND USE OF THE SITE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND DREE DISCLAIMS ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND DREE’S CONTROL. SITE OPERATIONS MAY NOT BE CONTINUOUS OR UNINTERRUPTED AND MAY BE SUBJECT TO SECURITY OR PRIVACY BREACHES.
DREE IS NOT RESPONSIBLE FOR MONITORING SITE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CHANGES TO SITE.
DREE IS NOT UNDER ANY OBLIGATION TO VERIFY THE IDENTITY OR AUTHORITY OF ANY PERSON ACCESSING OR USING THE SITE.
B) LIMITATION OF LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION OF THESE SITE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
YOUR USE OF THE SITE AND THE SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL DREE OR ANY OF ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THESE SITE TERMS, THE TERMINATION OF THESE SITE TERMS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, OR YOUR USE OF ANY PRODUCT, THERAPY OR PROGRAM AS A RESULT OF YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE (INCLUDING WITHOUT LIMITATION BY REASON OF ANY EXPENDITURES, INVESTMENTS, OR COMMITMENTS MADE IN ANTICIPATION OF THE CONTINUANCE OR PERFORMANCE OF THESE SITE TERMS), ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL DREE EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OR OPINION OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DREE’S RECORDS, PROGRAMS OR SERVICES.
IF, NOTWITHSTANDING THE ABOVE, DREE IS LIABLE TO YOU OR ANY OTHER PERSON, THEN THE AGGREGATE LIABILITY OF DREE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DREE FOR ACCESS TO OR USE OF THE SITE OR ANY DREE SERVICES.
- Third Party Content
DREE or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and DREE may post third party content or allow users to post their content or third party content to the Site including without limitation Information (such content is collectively referred to as “Third Party Content“). DREE does not monitor or have any control over and is not liable for any Third Party Content or third party Web sites. DREE does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. DREE does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility or liability to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk. THE DREE SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY THIRD PARTY CONTENT YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON THIRD PARTY CONTENT IS SOLELY AT YOUR OWN RISK.
- Third Party Services
- Advertisements and Promotions
DREE may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than DREE, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. DREE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-DREE advertisers on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of e-mail or other submissions to DREE, or any postings on the Site, are non-confidential and shall become the sole property of DREE. DREE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- User Posted Content, Forums & Other Interactive Services or Areas
The Site includes the Forums, in which users may post, modify or store content and information, including without limitation messages, questions and answers, comments, data, text, photos, graphics or other materials (the “User Content“). You are solely responsible for your use of the Forums and any User Content and use them at your own risk. By using any Forums or other interactive areas of the Site where User Content may be uploaded or displayed, you agree to not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is false, misleading, unlawful, libelous, defamatory, derogatory, harmful, hateful, offensive, profane, racist, sexist, vulgar, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, and must not advocate, depict, encourage, or tend to incite any such conduct;
- any recommendation, endorsement, rating, or review of a professional, program or service with whom you have not had direct, personal experience in a professional context or as a client of such professional, program or service;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for a professional, product or service;
- Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, and credit card numbers;
- Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
- Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
- User Content that, in the sole judgment of DREE, is objectionable or which restricts or inhibits any other person from using or enjoying the Forums or the Site, or which may expose DREE or its users to any harm or liability of any type.
DREE takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DREE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Site is at your own risk. As a provider of interactive services, including the Forums, DREE is not liable for any statements, representations, responses, comments or other User Content provided by its users in any review, rating, forum, question, answer, or other Interactive Area. Although DREE has no obligation to screen, edit or monitor any of the User Content posted in any Forum or other interactive area of the Site, DREE reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Forums or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Forums and/or the Site.
If you believe that any User Content on the Site violates these Site Terms, you may file a complaint with our Designated Agent as set forth below.
Full Address of Designated Agent to Which Complaint of Site Terms Violation Should be Sent: Dana Ritchie Emotional Enlightenment Services Ltd., c/o Laura Bilton, Paperclip Law Corporation, 221 W. Esplanade, Suite 308, The Landing in North Vancouver, V7M 3J3
E-Mail Address of Designated Agent: [email protected]
- Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data“); (b) maintain the security of your password and identification and not disclose or permit any other person to use your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to DREE, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to DREE. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself. DREE is not under any obligation to verify the identity or authority of any person accessing or using the Site. DREE may in its discretion require proof at any time of the identity of any person seeking to access and use the Site, and may deny access to and use of the Site or parts of it or refuse to accept or act upon any communication if DREE is not satisfied with such proof.
You agree to defend, indemnify and hold harmless DREE, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any and all claims, demands, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees and expenses) arising out of or related to your access to or use of the Site, your inability to access or use the Site, any User Content you post, store or otherwise transmit on or through the Site or your use of the Services, or any wrongful conduct by you or any person for whom you are responsible under these Site Terms or at law, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party. You will assist and co-operate as fully as reasonably required by DREE in the defense of any such claim or demand. This Section 18 applies regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by DREE or any person for whom DREE is responsible, and even if DREE has been advised of the possibility of loss or damage being incurred.
- Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the Province of British Columbia applicable to agreements made and to be entirely performed within the Province of British Columbia (even if your use is outside of the Province of British Columbia), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the provincial and federal courts located in British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Notwithstanding any of these Site Terms, DREE reserves the right, without notice or liability to you and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.
If your permission to access or use the Site is terminated by you or DREE for any reason, then these Site Terms will continue to apply and be binding upon you regarding your prior access to and use of the Site, and anything connected with, relating to or arising therefrom. Without limiting the generality of the foregoing, and notwithstanding any other provision of these Site Terms, Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23 of these Site Terms, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of your permission to access or use the Site and remain in full force and effect.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
- Questions & Contact Information
All other questions or comments about the Site or its contents should be directed to Customer Support at [email protected]
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Site Terms will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
- All Rights Reserved
Any rights not expressly granted by these Site Terms are reserved to DREE.