Please be aware that the Company cannot guarantee that files downloaded from the Internet or this Official Website will be completely free from viruses, malware, or other potentially harmful code. It is your responsibility to implement appropriate security measures, including antivirus software and data backup systems, to protect your devices and information. To the maximum extent permitted by law, the Company shall not be held responsible for any loss or damage resulting from distributed denial-of-service attacks, computer viruses, or other harmful technological elements that may affect your computer equipment, software, data, or other materials as a result of using this Website, obtaining services through it, or downloading any content from it or from linked websites.
You acknowledge and agree that your use of this Website, its content, and any services or products obtained through it (including all third-party materials) is entirely at your own risk. The Website, its content, and all services or items available through it are provided on an "as is" and "as available" basis, without any warranties whatsoever, whether express or implied. The Company and its associates make no representations or warranties regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. We do not guarantee that the Website, its content, or any services obtained through it will be accurate, reliable, error-free, or uninterrupted, that any defects will be corrected, that the Website or its servers are free of viruses or other harmful components, or that the Website or its services will meet your specific needs or expectations.
To the fullest extent allowed by law, the Company hereby disclaims all warranties of any nature, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose, as they relate to the Website, its content, all third-party materials, and any items or services available through the Website.
The above disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the maximum extent permitted by law, under no circumstances shall the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any damages whatsoever, under any legal theory, that arise from or are connected to these Terms of Use, your use or inability to use the Website, any websites linked to it, any content on the Website or those other websites, any third-party materials, or any services or items obtained through the Website or those other websites. This includes, without limitation, direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, regardless of whether such damages result from tort (including negligence), breach of contract, or any other cause, even if such damages were foreseeable. Additionally, the Company is not responsible for any spam emails sent by third parties claiming to represent the Company or its owner, nor for any spam emails from third parties promoting our products. IF, DESPITE THE PROVISIONS OF THIS SECTION, THE COMPANY IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATED TO THESE TERMS OF USE, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES (IF ANY) PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR U.S. $100.00, WHICHEVER IS LESS.
The above limitation does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, along with their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (i) your violation of these Terms of Use or any applicable law; or (ii) your use of the Website, including any user contributions you make, any unauthorized use of the Website's content, services, or products, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, including any disputes or claims arising from or related to them (including non-contractual disputes or claims), shall be governed by the laws of British Columbia, Canada, without regard to any conflict of law principles or rules (whether of British Columbia or any other jurisdiction).
Any legal action, suit, or proceeding arising out of or related to this agreement or the Website that is not subject to arbitration shall be brought exclusively in the federal courts of Canada located in the province of British Columbia or in the provincial courts of British Columbia. However, the Company reserves the right to bring any action, suit, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in those courts.
Arbitration
At the Company's sole discretion, it may require you to submit any disputes arising from this agreement or your use of the Website, including disputes related to the interpretation, violation, invalidity, non-performance, or termination of this agreement, to final and binding arbitration under the Canadian Arbitration Act, applying the laws of British Columbia.
Class Action Waiver
All claims arising out of or relating to this agreement or the Website must be pursued in the parties' individual capacity only, and not as a plaintiff or class member in any purported class action or representative proceeding. Unless the Company agrees otherwise, the arbitrator shall not consolidate more than one person's claims.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to this agreement or the Website must be filed within one year after the cause of action first arises. If you fail to file within this time period, that cause of action or claim will be permanently barred.
Waiver and Severability
If the Company does not enforce any term or condition of this agreement, such failure shall not be considered a waiver of that term or condition, nor shall it be considered a waiver of any other term or condition. Any failure by the Company to assert a right or provision under this agreement does not constitute a waiver of that right or provision.
If any provision of this agreement is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be removed or limited to the minimum extent necessary so that the remaining provisions of this agreement shall remain in full force and effect.
Feedback
The Company welcomes and encourages your feedback about the Company or the Website. However, please understand that the Company will not treat any suggestions or ideas you provide as confidential, and nothing in this agreement restricts the Company's right to use, profit from, disclose, publish, or otherwise exploit any feedback you provide, without any obligation to pay you or provide any other consideration.
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