Last Updated: August 2, 2020
<![if !supportLists]> 1. <![endif]>INTRODUCTION
<![if !supportLists]> 1.2. <![endif]> Acceptances of Terms. By accessing or using the Services, or by otherwise confirming your consent by clicking a button, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with these Terms, you must stop using the Services immediately.
<![if !supportLists]> 1.3. <![endif]> Entities. If you are using or accessing the Services on behalf of a legal entity, then you affirm: (i) that you are an authorized representative or agent of that legal entity with the authority to bind such entity to these Terms; and (ii) that such entity accepts and is bound by these Terms . In such a circumstance, the words “you” and “your” as used in these Terms will refer to and apply to both that entity and you personally.
<![if !supportLists]> 1.4. <![endif]> Additional Terms. We may supplement these Terms with additional terms (“Additional Terms”) relating to specific content, goods or services made available or supplied by us. You will have the opportunity to review these Additional Terms before accepting them. If you reject Additional Terms, certain content, goods, or service may not be available to you .
<![if !supportLists]> 1.5. <![endif]> Guidelines. In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
<![if !supportLists]> 1.6. <![endif]> Accessibility. We seek to make the Services as accessible as possible. If you have any problems accessing the Services or the content contained on it, please contact us at email@example.com .
<![if !supportLists]> 1.7. <![endif]> Modifications to Terms . We reserve the right in our in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use of the Services constitutes your acceptance of such modifications.
<![if !supportLists]> 1.8. <![endif]> Changes to Services. We may discontinue or change the Services, including, without limitation, its content, materials, functions, and features, at any time with or without notice.
<![if !supportLists]> 2. <![endif]> AGE OF USERS
<![if !supportLists]> 2.1. <![endif]> Adult Supervision. If you are under the age of 18, you may use the Services only under the supervision, and with the authorization of, a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to be bound by these Terms for the benefit of a child younger than age 18, be advised that you are fully responsible for his or her use of the Services, including all financial charges and legal liability that he or she may incur and you agree to indemnify Content Connections from and against any and all third-party claims against Content Connections resulting from his or her use of the Services as set out in Section 13.1 .
<![if !supportLists]> 3. <![endif]> REGISTRATION OBLIGATIONS
<![if !supportLists]> 3.1. <![endif]> Account Registration. To use certain areas of the Services, you must first register an account (“Account”) and have it approved by us. During registration, you will need to submit contact information, such as your name and email address, and select a username and password (collectively, “Credentials”). Depending on your user type, you may be required to submit additional information, such as an access code. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Content Connections if you know or suspect that your Account or Credentials have been used by any other person .
<![if !supportLists]> 3.2. <![endif]> Registration Data. During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Content Connections has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Content Connections has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) by you.
<![if !supportLists]> 3.3. <![endif]> Responsibility for Account . Content Connections may act upon any communication that is given through your Account or by using your Credentials. Content Connections is not required to verify the actual identity or authority of a person using your Account or Credentials, but Content Connections may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Content Connections is not satisfied with the verification. If Content Connections, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Content Connections may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
<![if !supportLists]> 4. <![endif]> ACCESS TO SERVICES
<![if !supportLists]> 4.1. <![endif]> Subscription . To access and use certain Services, your Account must be linked to an educational institution with an active paid-subscription on the Services. Services available to you depend on the subscription choices made by your educational institution and your user type. When your educational institution’s subscription expires or if your access credentials are revoked by Content Connections, you may lose access to certain Services and content that you uploaded to the Services.
<![if !supportLists]> 6. <![endif]> RESTRICTIONS ON USE
<![if !supportLists]> 6.1. <![endif]>As a condition of your use of the Services, you agree:
<![if !supportLists]> (a) <![endif]> not to use the Services for any purpose that is unlawful under applicable law, or prohibited by these Terms;
<![if !supportLists]> (b) <![endif]> not to use the Services to distribute false, inaccurate, or misleading information;
<![if !supportLists]> (c) <![endif]> not to impersonate or attempt to impersonate any person;
<![if !supportLists]> (d) <![endif]> not to engage in any conduct that inhibits any person’s ability to use the Services;
<![if !supportLists]> (e) <![endif]> not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the 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;
<![if !supportLists]> (f) <![endif]> 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 Services or its content or materials except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms;
<![if !supportLists]> (g) <![endif]> 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 Services or its content or materials except as expressly permitted by Content Connections;
<![if !supportLists]> (h) <![endif]> not to make available the Services or its content or materials to any person, freely or for a fee, except as expressly permitted by Content Connections;
<![if !supportLists]> (i) <![endif]>not to bypass or breach any security device or protection used by the Services;
<![if !supportLists]> (j) <![endif]> not to use the Services for the purposes of competitive analysis or to develop a competing product or service;
<![if !supportLists]> (k) <![endif]> 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 Services or its content or materials;
<![if !supportLists]> (l) <![endif]> not to use the Services to distribute viruses or malware or other similar harmful software code;
<![if !supportLists]> (m) <![endif]> not to mirror, frame, or link to any part of the Services;
<![if !supportLists]> (n) <![endif]> not to harvest or otherwise collect, use or disclose personal information about users of the Services;
<![if !supportLists]> (o) <![endif]> 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
<![if !supportLists]> (p) <![endif]> that you are solely responsible for all costs and expenses you may incur in relation to your use of the Services and shall be solely responsible for keeping your password and other account details confidential.
<![if !supportLists]> 6.2. <![endif]> We reserve the right to prevent or suspend your access to the Services if you do not comply with any part of these terms and conditions or any applicable law.
<![if !supportLists]> 7. <![endif]> OWNERSHIP, USE, AND INTELLECTUAL PROPERTY RIGHTS
<![if !supportLists]> 7.1. <![endif]> Reservation of Rights. The Services and all intellectual property rights in the Services (including without limitation any content and materials) are owned by us and/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.
<![if !supportLists]> 7.2. <![endif]> No Circumvention. Nothing in these Terms grants you any rights in the Services other than as necessary to enable you to access the Services. You agree not to try to circumvent or delete any intellectual property notices contained on the Services and in particular in any digital rights or other security technology embedded or contained within any Services content.
<![if !supportLists]> 7.3. <![endif]> Trademarks. Study Matrix, Contentconnections Online, and Content Connections are our trademarks. Other trademarks and trade names may also be used on the Services. The use or misuse of any trademarksor any other content on the Services except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Services shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
<![if !supportLists]> 7.4. <![endif]> Materials . Content Connections authorizes you to view, download and print a single copy of materials and content provided on the Services for your personal use only and only in connection with your use of the 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 these Terms, any copying or reproduction of the 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 Services or the 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 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 Services or its materials and content.
<![if !supportLists]> 8. <![endif]> SOFTWARE
<![if !supportLists]> 8.1. <![endif]> Software. Where any software is made available for downloading from the Services, this is our copyrighted work and/or that of our licensors. You may only use such software in accordance with the terms of the end user licence agreement, if any, which accompanies the software and, subject thereto, in accordance with these Terms. All such software is made available for downloading solely for your internal use in a non-commercial manner (except as otherwise agreed in writing by Content Connections). Any reproduction or redistribution of software not in accordance with the end user licence agreement and/or these Terms is expressly prohibited, and may result in severe civil and criminal penalties.
<![if !supportLists]> 8.2. <![endif]> Disclaimer of Warranties. Our software is warranted only to the extent expressly provided in the terms of its applicable end user licence agreement. We hereby disclaim all other warranties, conditions and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality, freedom from defects, merchantability, non-infringement, and fitness for a particular purpose. In no event shall our aggregate liability in respect of any such software exceed the limitations of liability in the applicable end user licence agreement, or in all other cases the amount you paid us for the relevant software.
<![if !supportLists]> 9. <![endif]> SUBMITTING INFORMATION AND CONTENT TO THE SERVICES
<![if !supportLists]> 9.1. <![endif]> Your Content.
<![if !supportLists]> (a) <![endif]> Licence. Portions of the Services may allow users to post and exchange information and content (such information and content, "User Content"), such as images, text, audio, and video, but Content Connections does not screen, edit or review any User Content before it is posted or transmitted. You retain the copyright and any other rights you already hold in your User Content. By submitting or otherwise posting User Content on our website, you grant Content Connections a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) licence to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, sublicense, create derivative works from, and distribute your User Content, subject to these Terms, without any notice or compensation to you or any other person (the “User Content Licence”). Each time you submit or post User Content on the Services, you confirm, represent, and warrant to Content Connections that you have all the rights, power, and authority necessary to grant the User Content Licence. Please note that User Content on our Services does not necessarily reflect the views of Content Connections, and Content Connections disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on our Services.
<![if !supportLists]> (b) <![endif]> Responsibility. You understand that all User Content, whether publicly posted or privately transmitted when posting, sharing, displaying, sending or submitting material using our Services, is the sole responsibility of the person from whom it originated. This means that you, and not Content Connections, are entirely responsible: (i) for all User Content that you upload, post, email, transmit, or otherwise make available via our Services; and (ii) for ensuring that all User Content is accurate, lawful, and does not include misleading information or infringe or violate anyone’s rights. Content Connections does not control the User Content posted via our Services and, therefore, does not guarantee the accuracy, integrity, or quality of any User Content. You therefore agree that you will not hold Content Connections responsible or liable for any inaccuracies or for any errors or omissions in any User Content, or for any loss, injury or damages of any kind incurred as a result of the use of or reliance upon any User Content posted, emailed, transmitted, or otherwise made available via our Services.
<![if !supportLists]> (c) <![endif]> Removal of Your Content. You acknowledge that Content Connections does not pre-screen, monitor, or modify User Content, but that Content Connections has the right (but not the obligation) to refuse, remove, modify, or delete any User Content that is available via our Services that violates these Terms, or is otherwise objectionable, in our sole and arbitrary discretion. You acknowledge and expressly consent to Content Connections, accessing, preserving, and disclosing your Account information and User Content if required to do so by law or if in good faith Content Connections believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of Content Connections, or our affiliates, staff, users, or the public.
<![if !supportLists]> (d) <![endif]> Derivative Content. Content Connections owns all intellectual property rights in the content we derive or create from User Content (“Derivative Content”).
<![if !supportLists]> 9.2. <![endif]> Feedback and Unwanted Submissions. We welcome any questions, comments or feedback you might have about the Services or these Terms ("Feedback"). Please refer to the Contact section of the Services for our contact information. That said, our Services are not a secure means of communication and any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such Unwanted Submissions. You agree we are free to use your Unwanted Submissions as we see fit without any liability owed to you .
<![if !supportLists]> 9.3. <![endif]> License to Feedback and Submissions. If you provide Feedback, or Unwanted Submissions, you grant Content Connections a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback or Unwanted Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant Content Connections the right to use the name you submit with the User Content or Feedback, if any, in connection with Content Connections’ rights hereunder.
<![if !supportLists]> 9.5. <![endif]> Infringing Content. As copyright holders ourselves, we respect copyright holders’ rights and will quickly respond to any claims of copyright infringement reported on the Services. If you find anything on the Services that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement to us at firstname.lastname@example.org.
<![if !supportLists]> 10. <![endif]> COMMUNICATIONS WITH OTHER USERS
<![if !supportLists]> 10.1. <![endif]> Communications. Portions of the Services may allow you to communicate with other users. By using our Services, you consent to receiving communications from other users of the Services. Content Connections is not obligated to screen or monitor these communications but reserves the right to do so and may disclose such conversations to law enforcement if, in the sole discretion of Content Connections, Content Connections suspects that illegal activity is occurring or may soon occur.
<![if !supportLists]> 11. <![endif]> ACCURACY OF INFORMATION AND AVAILABILITY OF THE SERVICES
<![if !supportLists]> 11.1. <![endif]> Reliance on Content. While we use reasonable efforts to include accurate and up-to-date content and materials on the 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 Services might not be up to date. We urge you to check the correctness of content and materials available on the Services against primary materials or a second source. Any reliance you may place on the content or materials made available on the Services is at your own risk and we may suspend or terminate operation of the Services at any time at our sole discretion. Content and materials on the 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 Services is not a substitute for a qualified teacher or instructor.
<![if !supportLists]> 11.2. <![endif]> Availability of Services. While we make commercially reasonable efforts to ensure that the Services are available, we do not represent, warrant or guarantee in any way the Services’ continued availability at all times or uninterrupted use by you of the Services.
<![if !supportLists]> 12. <![endif]> HYPERLINKS AND THIRD PARTY SITES
<![if !supportLists]> 12.2. <![endif]> Third Party Content. The Services may include content and materials provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content and materials are solely the opinions and the responsibility of the person providing such content and materials. Such content and materials does not necessarily reflect the opinion of Content Connections. Mindleap is not responsible or liable to you or any third party for the content, information, opinions, or accuracy of any third party materials.
<![if !supportLists]> 13. <![endif]> INDEMNITY
<![if !supportLists]> 13.1. <![endif]> 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:
<![if !supportLists]> (a) <![endif]> your or (as applicable) your child’s use of the Services, its content or materials, User Content, or the products or services we sell (including those sold through the Services);
<![if !supportLists]> (b) <![endif]> your or (as applicable) your child’s negligence, misconduct, or breach of these Terms.
Notwithstanding the foregoing, Content Connections retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
<![if !supportLists]> 14. <![endif]> DISCLAIMERS
<![if !supportLists]> 14.1. <![endif]>You understand and agree that:
<![if !supportLists]> (a) <![endif]> USE OF THE SERVICES AND ITS CONTENTS AND MATERIALS (INCLUDING, WITHOUT LIMITATION, USER CONTENT) IS AT YOUR SOLE RISK. THE SERVICES AND ITS CONTENTS AND MATERIALS (INCLUDING, WITHOUT LIMITATION, USER CONTENT) IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. NEITHER CONTENT CONNECTIONS NOR ANY OF ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, THIRD PARTY SERVICE PROVIDERS , THIRD PARTY LICENSORS, SUCCESSORS, OR ASSIGNS (CONTENT CONNECTIONS AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY LICENSORS, SUCCESSORS, AND ASSIGNS COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES OR ITS CONTENTS AND MATERIALS (INCLUDING, WITHOUT LIMITATION, USER CONTENT) AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
<![if !supportLists]> (b) <![endif]> THE COMPANY PARTIES MAKE NO WARRANTIES OR CONDITIONS REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE OR ACCESS, OR TO STORE OR ACCESS PROPERLY, EMAIL MESSAGES AND ELECTRONIC FILES. YOU ASSUME THE ENTIRE RISK IN DOWNLOADING OR OTHERWISE ACCESSING ANY DATA, FILES, OR OTHER MATERIALS OBTAINED FROM THIRD PARTIES AS PART OF THE SERVICES, EVEN IF YOU HAVE PAID FOR VIRUS PROTECTION SERVICES.
<![if !supportLists]> (c) <![endif]> THE ACCESS TO AND DOWNLOADING OF CONTENT AND MATERIAL FROM THE SERVICES IS DONE AT YOUR OWN RISK. CONTENT CONNECTIONS MAKES REASONABLE EFFORTS TO ENSURE THAT THE SERVICES ARE VIRUS-FREE, BUT CONTENT CONNECTIONS DOES NOT AT ANY TIME GUARANTEE OR WARRANT THAT SUCH CONTENT OR MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE SERVICES.
<![if !supportLists]> 15. <![endif]> LIMITATION OF LIABILITY
<![if !supportLists]> 15.1. <![endif]> Dollar Cap. WITHOUT LIMITING SECTION 15.2 , THE COMPANY PARTIES CUMULATIVE AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR ITS CONTENTS OR MATERIALS WILL NOT EXCEED THE AMOUNT YOU PAID US (OR IF YOU USED THE SERVICES ON A FREE BASIS, THEN OUR LIABILITY WILL NOT EXCEED $10.00 CAD).
<![if !supportLists]> 15.2. <![endif]> Limitation of Liability. IN NO EVENT WILL THE COMPANY 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 COMPANY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<![if !supportLists]> 16. <![endif]> GENERAL
<![if !supportLists]> 16.1. <![endif]> Further Assurances. You shall , upon the reasonable request of the Content Connections, promptly executesuch documents andperformsuch acts asmaybe necessary to givefull effect to these Terms.
<![if !supportLists]> 16.2. <![endif]> Governing Law. These Terms are 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.
<![if !supportLists]> 16.3. <![endif]> Forum. Any action, claim, or proceeding arising out of or relating to these Terms, the Services, or its content and materials, 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.
<![if !supportLists]> 16.4. <![endif]> Force Majeure. No delay, failure, or default on the part of Content Connections will constitute a breach of these Terms 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.
<![if !supportLists]> 16.5. <![endif]> Survival. Sections 1.3 , 2.1 , 3.3 , 7.1 , 7.2 , 7.3 , 9.1(a) , 9.1(c) , 9.1(d) , 9.3 , 9.4 , 10.1 , 11.1 , 12 , 13 , 14 , 15 , and 16 and all other provisions of these Terms which must survive termination to fulfill their purpose, will survive termination or expiration of these Terms.
<![if !supportLists]> 16.6. <![endif]> No Third-Party Beneficiaries .
<![if !supportLists]> (a) <![endif]>Except as set forth in Section 16.6(b) , the parties do not confer any legal, equitable or other rights or remedies of any nature whatsoever under or by reason of these Terms upon any person other than the parties to these Terms and their respective successors and permitted assigns.
<![if !supportLists]> (b) <![endif]> The parties hereby designate each of the Company Parties as third-party beneficiaries of Sections 14 and 15 having the right to enforce those Sections.
<![if !supportLists]> 16.7. <![endif]> Relationship. The relationship between thep arties is that of independent contractors. Nothing contained in these Terms will be construed as creating any agency, partnership, joint venture, franchise, or other form of joint enterprise, employment or fiduciary relationship between the parties, and neitherparty will have authority to contract for or bind the otherparty in any manner whatsoever .
<![if !supportLists]> 16.8. <![endif]> 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.
<![if !supportLists]> 16.9. <![endif]> Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
<![if !supportLists]> 16.10. <![endif]> Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
<![if !supportLists]> 16.11. <![endif]> Assignment. We may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These Terms are personal to you and you may not assign these Terms nor your rights, interests, or obligations under these Terms to any person without our express written consent.
<![if !supportLists]> 16.13. <![endif]> Language. The parties acknowledge that they have required that the Terms 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.
<![if !supportLists]> 16.14. <![endif]> Enurement. These Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs, and permitted assigns.
<![if !supportLists]> 16.15. <![endif]> Equitable Relief. You hereby acknowledge and agree that any breach by you of these Terms 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 16.3 , 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 these Terms.
<![if !supportLists]> 16.16. <![endif]> Notice. We may give you notice at the email address (or if no email address, other contact information) you provide to Content Connections during the sale or registration process or at your last known address. Except as otherwise stated herein, you may only give us notice by letter at:
Contentconnections Online Inc.
6th Floor, 905 W Pender Street
Vancouver, British Columbia