1.1. Acceptance of Agreement . Welcome to Study Matrix. This Study Matrix Subscription Agreement (the “Agreement”) is a legally binding agreement between you and Contentconnections Online Inc. (“Content Connections”, “us” “we” “our”) . This Agreement governs your access and use of the Study Matrix Services. By subscribing to the or using the Study Matrix Services, or by indicating your consent to this Agreement by clicking a button, you agree to the bound by this Agreement. If you do not agree to all of the terms of this Agreement, then you must not use the Study Matrix Services
1.2. Entities. If you are subscribing to the Study Matrix Services or on behalf of a legal entity (including a governmental organization), then you affirm: (i) that you are an authorized representative or agent of that entity with the authority to bind such entity to this Agreement; and (ii) that such entity accepts and is bound by this Agreement . In such a circumstance, the words “you” and “your” as used in this Agreement will refer to and apply to both that entity and you personally.
(a) “Access Credentials” means credentials enabling access to certain Study Matrix Services.
(b) “Authorized User” means an Eligible Person who has been assigned Access Credentials by Content Connections.
(c) “Content” text, images, photos, audio, or video files, and other forms of data, communications, content, or materials.
(d) “Covered Parties” has the meaning set forth in Section 11.1 .
(e) “ Educational Institution ” means an educational institution or organization providing education services to students;
(f) “Eligible Person” has the meaning set forth in Section 2.2 .
(g) “Student Account” means a student account on the Study Matrix Services.
(h) “Study Matrix Services” means the Study Matrix e-learning services made available through the Website or as otherwise provided by Content Connections.
(i) “Subscription” means a subscription to access any or all of the Study Matrix Services;
(k) “Website” means the Study Matrix website, currently located at www.studymatrix.net
(l) “Your Content” Content submitted or transmitted by you to Content Connections, the Website, or the Study Matrix Services.
1.4. Interpretation. For the purposes of this Agreement: (a) the words “include,” “includes” and “including” will be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole; (d) Sectionheadings do not affect the interpretation of this Agreement; (e) words in the singular include the plural and those in the plural include the singular; and (f) a reference to writing or written includes email.
2.1. Access Grant. Subject toandconditionedon your and your Authorized Users' compliance withthetermsand conditions of thisAgreement,you and your Authorized Users may access and use the Study Matrix Services purchased by you pursuant to your Subscription for the duration agreed upon when you made that purchase. Upon termination of a Subscription, you and your Authorized Users’ access to the corresponding Study Matrix Services will be automatically revoked. You and your Authorized Users’ access to certain features of the Study Matrix Services may be restricted by Content Connections.
2.2. Modifications to the Study Matrix Services. The Study Matrix Services, including its functionalities, features, pricing, information, and materials, may be changed, withdrawn or terminated by Content Connections at any time in Content Connections’ sole discretion without notice. We will not be liable if for any reason all or any part of the Study Matrix Services is restricted to users or unavailable at any time or for any period.
2.3. Geographic Limitations. The Study Matrix Services have been designed for persons resident in British Columbia, Canada. Content Connections does not represent, warrant, covenant, or guarantee that the Study Matrix Services will be available or suitable in any particular jurisdiction.
3. ELIGIBILITY AND AUTHORIZED USERS.
3.1. Eligibility. You may purchase a Subscription only if you are an Educational Institution. Only your staff (such as teachers, LST teachers, educational assistants, counsellors, clerical staff, and administrative staff) and students are eligible to access and use the Study Matrix Services (“Eligible Persons”) through your Subscription. Before any Eligible Person may access or use the Study Matrix Services, you must identify Eligible Persons to Content Connections for the purposes of Content Connections assigning them Access Credentials.
3.2. Access Credentials. Each Access Credential may be used only by the Authorized User to whom the Access Credential was assigned. You shall not share Access Credentials with any person other than the Authorized Person to whom the Access Credential relates. You shall not permit any unauthorized use of the Study Matrix Services. You shall promptly notify Content Connections if you suspect that unauthorized disclosure or use of Access Credentials has occurred. Content Connections may revoke an Authorized User’s Access Credentials at any time and for any reason.
3.3. Roster & Cancellation Requests. You are responsible for managing your roster of Authorized Users. You shall promptly notify Content Connections if any Authorized User ceases to be an Eligible Person or if you would like to cancel any Authorized User’s access to the Study Matrix Services. Cancellation requests respecting Student Accounts become effective at the beginning of the next billing cycle following the request. If a cancellation request has been approved by Content Connections, the applicable Authorized Users’ Access Credentials will be revoked, following which they will cease to be an Authorized User.
3.4. Responsibility for Authorized Users. You have sole responsibility for all use of the Study Matrix Services by your Authorized Users, including responsibility for all content uploaded to the Study Matrix Services and responsibility for all charges incurred by Authorized Users’ use of the Study Matrix Services.
4. RESTRICTIONS ON USE
4.1. Use Restrictions. As a condition of your use of the Study Matrix Services, you agree:
(a) not to use the Study Matrix Services for any purpose that is unlawful under applicable law, or prohibited by this Agreement;
(b) not to use the Study Matrix Services to distribute false, inaccurate, or misleading information;
(c) not to impersonate or attempt to impersonate any person;
(d) not to engage in any conduct that inhibits any person’s ability to use the Study Matrix Services;
(e) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Study Matrix Services or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(f) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Study Matrix Services or its Content except as permitted by us under this Agreement or as expressly provided under applicable law;
(g) not to copy, modify, redistribute, “rip”, record, transfer, rent out, stream, lease, transmit, resell, perform, publicly display, broadcast, make available to the public, or create derivative works or improvements of, or otherwise exploit or commercialize the Study Matrix Services or its Content except as expressly permitted by Content Connections;
(h) not to make available the Study Matrix Services or its Content to any person, freely or for a fee, except as expressly permitted by Content Connections;
(i) not to bypass or breach any security device or protection used by the Study Matrix Services;
(j) not to use the Study Matrix Services for the purposes of competitive analysis or to develop a competing product or service;
(k) not use any scrappers, indexing tools, bots, spiders, or other automated tools or means to access, copy, scrape, index, survey, or data mine any portion of the Study Matrix Services or its Content;
(l) not to use the Study Matrix Services to distribute viruses or malware or other similar harmful software code;
(m) not to mirror, frame, or link to any part of the Study Matrix Services;
(n) not to harvest or otherwise collect, use or disclose personal information about users of the Study Matrix Services, except as authorized by law or Content Connections;
(o) not to represent or suggest that we endorse any other business, institution, product, or service unless we have separately agreed to do so in writing; and
(p) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Study Matrix Services and shall be solely responsible for keeping your password and other account details confidential.
4.2. Suspended Access. We reserve the right to prevent or suspend your access to the Study Matrix Services if you do not comply with any part of this Agreement or any applicable law.
5. PRICE AND PAYMENT
5.1. Prices. All prices, discounts, and promotions posted on our Website or in any promotional materials are subject to change without notice. The price charged for a product or service will be clearly stated on the order form and in any order confirmation email sent to you. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
5.2. Fees. You shall promptly pay all fees, plus applicable taxes and charges, for all products and services you order from us, including all Subscriptions. Fees may be one-time, usage based, or recurring depending on what you have purchased.
5.3. Fee Increases. Content Connections may increase fees no more than once annually for any calendar year, by providing written notice to you at least 60 days prior to the implementation of the new fees.
5.4. Subscription & Auto-Renewal. Access to certain Study Matrix Services may require purchasing a Subscription. If you purchase a Subscription, you will be billed on a recurring, periodic basis at the end of each billing period for the fees applicable to your Subscription, which may include accrued fees calculated based on your usage of the Study Matrix Services and your number of Authorized Users. The length of your billing period depends on the subscription plan you select when registering for a Subscription. At the end of each billing period, your Subscription will automatically renew unless you have cancelled your Subscription through the Website or unless Content Connections has terminated this Agreement or deleted your account.
5.5. Payment Method . We accept the payment methods indicated on our Website for your purchases of Subscriptions and for any other products or services we may make available for sale through our Website. When making a payment on the Website, you must comply with the applicable terms and services of the payment processor used to process your payment. You represent and warrant that any payment information you provide us is true and accurate and that you are authorized to use such payment method. You authorize us or our payment processor to charge your payment method for all products or services you purchase from us plus any other charges that may accrue in connection with you account with us.
5.6. Purchases Final. Except as expressly provided in this Agreement, all purchases and payments are final and no returns, replacements, or refunds are permitted.
5.7. Promotional Offers. At our discretion, we may make available certain products or services at a discount or for free for a trial period (“Promotions”). We reserve the right to modify or cancel these Promotions at any time. If we reasonably determine you have violated the terms applicable to the Promotion, we may charge you the full price for the product or service that was otherwise subject to the Promotion. At the end of any free trials, if you have not cancelled your Subscription or terminated this Agreement in accordance with its terms, we may begin charging you for your Subscription without additional notice to you.
6.1. Permission from You . You grant Content Connections permission to access, process and otherwise use Your Content (as defined below) in order to provide Content Connections’ products and/or services to you, to track and analyze your use of Study Matrix Services, and make Your Content available to other users of Study Matrix Services and other third parties. To the extent that you have intellectual property rights in Your Content, you grant Content Connections a world-wide, perpetual, non-exclusive, royalty-free, sublicensable, transferable license to use and prepare derivative works from Your Content for the purposes outlined in this Agreement. You agree that Your Content is not any person’s or entity’s confidential information, including yours.
6.2. Rights in Your Content . You represent and warrant that you own Your Content or have received a valid license to Your Content and that submitting or transmitting Your Content to or through the Study Matrix Services will not violate the rights of any third party, including intellectual property, privacy, or publicity rights. Content Connections is under no obligation to review or screen Your Content or other System users’ Content. If You believe that another user has violated Your intellectual property rights, please contact us at email@example.com .
6.4. Risk of Exposure . YOU UNDERSTAND AND AGREE THAT SHARING CONTENT ONLINE INVOLVES RISKS OF UNAUTHORIZED DISCLOSURE OR EXPOSURE AND THAT, IN SUBMITTING YOUR CONTENT TO CONTENT CONNECTIONS OR TRANSMITTING IT THROUGH THE WEBSITE, YOU ASSUME THESE RISKS. Content Connections offers no representation, warranty, or guarantee that Your Content will not be exposed or disclosed through Study Matrix Services or through errors or the actions of third parties.
6.5. Accuracy . Content Connections has no responsibility or liability for the accuracy of any Content submitted to or transmitted through Study Matrix Services by you or another user, including Your Content .
6.6. Right to Retain, Delete or Suspend Access . You agree that you shall not rely on Study Matrix Services for backup or storage of Your Content. Content Connections may retain Your Content even if you are no longer using Study Matrix Services but is not required to provide copies of Your Content to you. Content Connections may permanently delete or erase Your Content or suspend your access to Your Content through Study Matrix Services at any time and for any reason.
6.7. Aggregate & Anonymized Data . Content Connections may use, reproduce, sell, publicize, or otherwise exploit Aggregate Data in any way, in its sole discretion. (“Aggregate Data” refers to Your Content with personally identifiable information removed.)
7. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
7.1. Reservation of Rights. The Study Matrix Services and its Content and all intellectual property rights in the Study Matrix Services and Content are owned by us or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
7.2. No Circumvention. You agree not to try to circumvent or delete any intellectual property notices contained on the Study Matrix Services and in particular in any digital rights or other security technology embedded or contained within any Services content or materials.
7.3. Trademarks. Study Matrix, Contentconnections Online, and Content Connections are our trademarks. Other trademarks and trade names may also be used on the Study Matrix Services. The use or misuse of any trademarksor any other content on the Study Matrix Services except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Study Matrix Services shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
7.4. Materials . Subject to and conditional upon your compliance with this Agreement, Content Connections authorizes you and your Authorized Users to view, download and print a single copy of materials and content provided on the Study Matrix Services for your and their personal use only and only in connection with use of the Study Matrix Services and products and services ordered from us. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in this Agreement, any copying or reproduction of the Study Matrix Services’ materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of the Study Matrix Services or the Study Matrix Services’ materials or content without the prior written permission of Content Connections is strictly prohibited. We reserve the right to take such steps as we deem necessary, including legal action, to restrain such unauthorized and prohibited activity and we reserve the right to suspend or terminate your access to any part of the Study Matrix Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of the Study Matrix Services or its materials and content.
8.1. Reliance on Content. While we strive to include accurate and up-to-date Content on the Study Matrix Services, we and our licensors do not represent, warrant or promise (whether expressly or by implication) that any content or materials are or remain available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Curriculums are constantly changing and evolving; consequently, information made available through the Study Matrix Services might not be up to date. We urge you to check the correctness of Content available on the Study Matrix Services against primary materials or a second source. Any reliance you may place on the content or materials made available on the Study Matrix Services is at your own risk and we may suspend or terminate operation of the Study Matrix Services at any time at our sole discretion. Content and materials on the Study Matrix Services are provided for your general informational purposes only. Information made available on our Services does not constitute technical, engineering, safety, scientific, financial, medical, health, legal advice or any other type of professional advice and should not be relied on for any purposes. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content or materials on our Services. Using the Study Matrix Services is not a substitute for a qualified teacher or instructor.
8.2. Availability of Services. While we make commercially reasonable efforts to ensure that the Study Matrix Services are available, we do not represent, warrant or guarantee in any way the Study Matrix Services’ continued availability at all times or uninterrupted use by you of the Study Matrix Services.
9.1. Indemnification. You will defend, indemnify and hold harmless Content Connections from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from any third-party claim or action, resulting from, connected with, or relating to:
(a) your or your Authorized Users’ use of the Study Matrix Services;
(b) allegation offacts that, iftrue, would constitute yourbreachofthis Agreement; or
(c) negligence or moreculpableactor omission(including recklessness or willful misconduct)by you, any Authorized User,oranythird party onbehalfofyouoranyAuthorizedUser,inconnectionwiththis Agreement.
10.1. Warranty Disclaimers . YOU AGREE THAT YOU ACCEPT THE STUDY MATRIX SERVICES AND ITS CONTENT “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED CONDITION OR WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) CONTENT CONNECTIONS HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) CONTENT CONNECTIONS DOES NOT REPRESENT OR WARRANT THAT THE STUDY MATRIX SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR; (c) CONTENT CONNECTIONS DOES NOT REPRESENT OR WARRANT THAT THE STUDY MATRIX SERVICES ARE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR CONTENT WILL REMAIN PRIVATE OR SECURE; (d) CONTENT CONNECTIONS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT MADE AVAILABLE THROUGH THE STUDY MATRIX SERVICES WILL MEET YOUR OR ANY OTHER PERSONS NEEDS; AND (e) CONTENT CONNECTIONS DISCLAIMS ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS OR SERVICES PROVIDED BY OTHER USERS OF THE STUDY MATRIX SERVICES OR OTHER THIRD PARTIES.
You must exercise your professional judgment when using the Study Matrix Services. Use of the Study Matrix Services is not meant to replace in-classroom learning with qualified teachers.
10.2. Interactions with Other Users . You agree that you are solely responsible for your transactions or other interactions, either through the Study Matrix Services or through other means of communication, with other users of the Study Matrix Services. You acknowledge that that Content Connections has no liability for any such interactions. Content Connections may monitor or become involved in disputes between you and other users of the Study Matrix Services but has no obligation to do so.
10.3. Third Party Sites and Content . You understand that the Study Matrix Services may contain or send you links to third party websites, applications or features not owned or controlled by Content Connections (“Third Party Sites”), and that links to Third Party Sites may also appear in Content available to you through the Study Matrix Services. The Website may also enable interactions between the Study Matrix Services and a Third Party Site through applications that connect the Study Matrix Services, or your profile on the Study Matrix Services, with a Third Party Site. Through Third Party Sites you may be able to access Content from third parties that Content Connections does not control and/or share Your Content with others. YOU ACCESS THIRD PARTY SITES ENTIRELY AT YOUR OWN RISK, AND CONTENT CONNECTIONS WILL HAVE NO LIABILITY FOR YOUR USE OF OR ACCESS TO THIRD PARTY SITES AND/OR THIRD PARTY CONTENT.
11.1. Covered Parties. “ Covered Parties ” means Content Connections and its directors, officers, employees. contractors, agents, successors, assigns, third-party licensors, and third-party suppliers.
11.2. Dollar Cap. WITHOUT LIMITING SECTION 11.3 , THE COVERED PARTIES CUMULATIVE AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE STUDY MATRIX SERVICES, OR ITS CONTENTS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR IF YOU USED THE STUDY MATRIX SERVICES ON A FREE BASIS, THEN OUR LIABILITY WILL NOT EXCEED $10.00 CAD).
11.3. Limitation of Liability. IN NO EVENT WILL THE COVERED PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, PERSONAL INJURY, LOSS OF LIFE, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF PRIVACY, OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COVERED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.1. Term . The term of this Agreement (the “Term”) will commence upon the date you accept this Agreement continues until terminated by either you or Content Connections.
12.2. Termination . Either party may terminate this Agreement for any reason at any time. You may terminate this Agreement by closing your account. Content Connections may terminate by notifying you in writing (email acceptable) and closing your account.
12.3. Effects of Termination . Upon termination of this Agreement:
(a) you shall cease all use of the Study Matrix Services;
(b) all Authorized Users’ Access Credentials will be automatically revoked; and
(c) you will remain responsible for paying any accrued but unpaid fees or other amounts owed under this Agreement.
12.4. Surviving Terms. The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination of this Agreement, will survive any termination of this Agreement: Sections 3.4 , 6.4 , 6.5 , 6.7 , 7.1 , 7.2 , 7.3 , 8.1 , 9 , 10 , 11 , 12.3 , and 13 .
13.1. Modifications to the Agreement . We may modify this Agreement from time to time by posting the modified version on our Website or by providing you with written notice. Such modifications are effective immediately upon posting and apply to all continued use of the Study Matrix Services by you and your Authorized Users. You agree to periodically review this Agreement in order to be aware of any such modifications and your continued use of the Study Matrix Services constitutes your acceptance of such modifications. If you do not wish to continue using the Study Matrix Services under the modified terms, you may terminate this Agreement in the manner described in Section 12.2 .
13.2. Further Assurances.You shall, upon the reasonable request of the Content Connections, promptly execute such documents and perform such acts as may be necessary to give full effect to the terms of this Agreement .
13.3. Governing Law. This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.
13.4. Forum. Any action, claim, or proceeding arising out of or relating to this Agreement, the Study Matrix Services, or its Content, will be instituted in the courts of the province of British Columbia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
13.5. Force Majeure. No delay, failure, or default on the part of Content Connections will constitute a breach of this Agreement to the extent caused by: (a) acts of war, terrorism, invasion, riots or other acts of civil unrest; (b) hurricanes, earthquakes, pandemic, epidemic, flood, fire, tsunami, solar flare, electro-magnetic pulse, explosion, other acts of God or of nature; (c) strikes or other labor disputes; (d) national or regional emergency; (e) passage of law or any action taken by a governmental or public authority, including imposing an embargo, workplace shutdown or staffing restrictions, health order, export or import restriction, quota or other restriction or prohibition, or any complete or partial government shutdown; (f) national or regional shortage of adequate power or telecommunications or transportation facilities; or (g) other causes beyond the Content Connections’ reasonable control.
13.6. No Third-Party Beneficiaries .
(a) Except as set forth in Section 13.6(b) , the parties do not confer any legal, equitable or other rights or remedies of any nature whatsoever under or by reason of this Agreement upon any person other than the parties to this Agreement and their respective successors and permitted assigns.
(b) The parties hereby designate each of the Covered Parties as third-party beneficiaries of Sections 11 having the right to enforce that Section.
13.7. Relationship. The relationship between the p arties is that of independent contractors. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, franchise, or other form of joint enterprise, employment or fiduciary relationship between the p arties, and neither party will have authority to contract for or bind the otherp arty in any manner whatsoever .
13.8. No Waiver. The failure of Content Connections to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you.
13.9. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
13.10. Assignment. We may assign this Agreement in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. This Agreement is personal to you and you may not assign this Agreement nor your rights, interests, or obligations under this Agreement to any person without our express written consent.
13.12. Language. The parties acknowledge that they have required that this Agreement and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais.
13.13. Enurement. This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs, and permitted assigns.
13.14. Equitable Relief. You hereby acknowledge and agree that any breach by you of this Agreement would result in harm to Content Connections, and that Content Connections could not be adequately compensated for such harm by monetary award. Accordingly, you hereby agree that in the event of any such breach, in addition to all other remedies available to Content Connections at law or equity, Content Connections will be entitled as a matter of right, and without posting bond or proving damages, to, notwithstanding Section 13.4 , apply to any court of competent jurisdiction for such equitable relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance by you with this Agreement.
13.15. Notice. We may give you notice at the email address or mailing address linked to your account. Except as otherwise stated herein, you may only give us notice by letter at:
Contentconnections Online Inc.
2261 Heron Crescent,
Comox, British Columbia V9M 3Y2