TERMS OF USE

Last Updated:  December 4, 2020.

THIS WEBSITE IS OWNED AND OPERATED BY TOLOGIX EXPERT SYSTEMS INC. (DBA INVESTOR-STATE LAWGUIDE).

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE ISLG WEBSITE. THESE TERMS OF USE ARE A BINDING AGREEMENT THAT GOVERNS THE USE OF THE ISLG WEBSITE, EXEMPTS ISLG AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.

BY USING THE ISLG WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE ISLG WEBSITE. 

1.              Introduction

(a)            Your Acceptance of these Terms of Use:  These Terms of Use are a binding agreement between you and Tologix Expert Systems Inc. (dba Investor-State LawGuide) (“ISLG”) regarding your access to and use of the ISLG website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.

(b)            The Website:  In these Terms of Use, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.

(c)            Other Agreements:  These Terms of Use relate to the Website only. Products and services advertised on or available through the Website may be governed by other applicable agreements prescribed by ISLG or its corporate affiliates, including a subscription agreement or other agreement between you and ISLG. Certain features or functionalities of the Website are restricted to individuals who hold a valid and subsisting ISLG subscription, which is governed by a subscription agreement between those individuals and ISLG.

(d)            Changes to these Terms of Use:  ISLG in its discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by ISLG, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.

2.              Use of the Website

(a)            Permitted Users:  The Website may be used only by individuals (natural persons) who are the age of majority in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by ISLG.

(b)            Permitted Use of the Website:  Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited.

(c)            Prohibited Use of the Website:  You will not: (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use; (b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (c) use the Website in a manner not in accordance with applicable law; (d) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by ISLG; (e) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (f) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (g) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (h) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or (i) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of ISLG or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.

(d)            Personal Information Privacy:  By using the Website, including the ISLG Solution, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of ISLG as explained in the ISLG Privacy Policy, as revised from time to time, and as otherwise permitted by applicable law.

(e)            Your Information:  You will ensure that all information you provide to ISLG, through the Website or otherwise, including information regarding your Trial Subscription (as defined in Section 6, below) is true, accurate, current and complete. ISLG will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, ISLG or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.

3.              Website Content

(a)            No Advice:  The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statements concerning the matters addressed, and is not professional advice or recommendations (including legal or other professional advice). Neither the information and content on or available through the Website nor your interactions with ISLG will constitute a solicitor-client relationship. It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.

(b)            Currency/Errors, Changes, Prices: The information and content on or available through the Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning ISLG and its business, products and services. The information and content on or available through the Website might not be accurate, current or complete, and misprints, errors, inaccuracies or omissions (including incorrect specifications for prices, products and services) or other errors might not be corrected. ISLG does not warrant that the content of the Website (including specifications for prices, products and services) is accurate or complete. ISLG does not accept any liability for any information or content on or available through the Website. ISLG reserves the right to (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the content of the Website, including any promotional offers without any notice or liability to you or any other. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.

(c)            Linked Sites:  For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from ISLG, and ISLG does not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against ISLG arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.

4.              Proprietary Rights

(a)            Ownership of Website:  Copyright © 2020. Tologix Expert Systems Inc. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by ISLG and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.

(b)            Trademarks:  Investor-State LawGuide®, ISLG®, Tologix®, the ISLG logo, the Tologix Gear logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by ISLG. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.

(c)            Feedback:  If you give to ISLG any feedback (including ideas or suggestions for enhancements or improvements) about the Website, the ISLG Solution (as defined in Section 6, below) or any related matter, then ISLG and its licensors and their respective successors, assigns and licensees may use and commercialize the feedback without providing any compensation to you or any other person, and ISLG and its licensors and their respective successors, assigns and licensees will at all times solely own and retain all rights, title and interests (including all intellectual property rights) throughout the world in, to and associated with all works created, enhanced or improved using or based on the feedback. For greater certainty, you will not include in any feedback any information that is confidential or proprietary to you or any other person.

5.              Website Disclaimers/Liability Exclusions

(a)           GENERAL DISCLAIMERS:  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, INTERRUPTED SERVICE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY ISLG GROUP TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF ISLG GROUP. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

(a)           TECHNOLOGY DISCLAIMERS:  THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ISLG GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE OR LOSS RESULTING FROM ANY OF THOSE PROBLEMS.

(c)           LINKED SITES DISCLAIMER:  WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACCESS, DEAL WITH, PURCHASE AND USE LINKED SITES AT YOUR OWN RISK. ISLG GROUP DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, REGARDING ANY LINKED SITE. ISLG GROUP DOES NOT CONTROL, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE.

(d)           LIABILITY EXCLUSIONS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ISLG GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY RELATED MATTER, UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF ISLG GROUP, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY AND EVEN IF ISLG GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS, DAMAGE OR LIABILITY BEING INCURRED.

(e)           RESERVATION:  THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MIGHT NOT APPLY TO YOU.

(f)            DEFINITION:  IN THESE TERMS OF USE, “ISLG GROUP” MEANS ISLG AND ITS CORPORATE AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

6.              ISLG Trial Subscription

(a)            Definitions:  In this Section 6: (i) Database Content” means all documents and other texts relating solely to legal information, commentary, references, caselaw, treaties, decisions, artistic works, literary works, and compilation works searchable or retrievable from the ISLG Solution; (ii) Documentation” means user manuals and other technical documentation regarding the ISLG Solution that ISLG provides or makes available to you from time to time; (iii) ISLG Solution” means the online solution based on ISLG’s proprietary software; (iv) Trial Subscription” means your valid and subsisting trial subscription for the use of the ISLG Solution on a trial basis;

(b)            Application: If ISLG makes the ISLG Solution available to you by a Trial Subscription, this Section 6 applies to the Trial Subscription and the access and use of the ISLG Solution by or on behalf of you pursuant to the Trial Subscription.

(c)            Trial Period: The period of your Trial Subscription is effective on acceptance by or on behalf of you and will continue until the date specified by ISLG in your Trial Subscription confirmation email, unless terminated earlier in accordance with these Terms of Use or otherwise agreed between you and ISLG (the “Trial Period”). You or ISLG may terminate the Trial Subscription for convenience effective immediately on notice to the other party. On termination or expiry of the Trial Period: (i) you will no longer access or use the ISLG solution; (ii) you and ISLG will remain fully responsible and liable for each of your and ISLG’s respective obligations and liabilities arising prior to the termination or expiry of the Trial Period; and (iii) neither you nor ISLG will be obligated to enter into a commercial agreement, including a subscription agreement for the ISLG Solution, following termination or expiry of the Trial Period. For greater certainty, on expiration or termination of the Trial Period, you may retain Database Content for use in connection with your private, confidential, internal evaluation of the ISLG Solution in accordance with the restrictions and requirements set out in this Section 6. ISLG in its discretion may immediately suspend the availability of the ISLG Solution without any notice or liability to you or any other person.

(d)            License:  Subject to this Section 6, ISLG grants to you:  a non-exclusive, non-sublicensable, non-transferable, restricted and limited license during the Trial Period to use the ISLG Solution in accordance with the details of the Trial Subscription and Documentation regarding the ISLG Solution and the restrictions and requirements set out in this Section 6, for the sole purpose of your private, confidential, internal evaluation of the ISLG Solution.

(e)            General Restrictions/Requirements:  You will use the ISLG Solution in accordance with the Documentation and these Terms of Use. You will all times comply, and you will ensure that all use by or on behalf of you of the ISLG Solution, Documentation and Database Content complies, with all applicable laws. You will not: (a) use, or provide or permit use of, the ISLG Solution, Database Content, or Documentation in any manner, by any means, or for any purpose that is not expressly permitted these Terms of Us; (b) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the ISLG Solution or otherwise attempt to access or use the ISLG Solution, Database Content, or Documentation by any means that is not deliberately made available for that purpose by ISLG; (c) use the ISLG Solution in a way that damages, disrupts, compromises, degrades or interferes with the integrity, functionality, operation, performance or security of the ISLG Solution, or any other system, network or data; (d) except as expressly permitted by these Terms of Use, copy, reproduce, translate, modify, enhance, or create derivative works from any ISLG Solution or Documentation; (e) except as expressly permitted by these Terms of Use, license, sublicense, grant, sell, share, transfer, assign, pledge, create an interest in, or otherwise give or make available or permit the use of the ISLG Solution, Database Content, or Documentation to or for the benefit of any person; (f) alter, attempt to circumvent, destroy, obscure or remove any notices (including trademark and copyright notices), proprietary codes or locks, means of identification, digital rights tools or management information, security or control measures or agreements on, in or in relation to the ISLG Solution, Database Content, or Documentation; (g) develop a software application for use with the ISLG Solution or Database Content; (h) reverse engineer or otherwise access or use the ISLG Solution, Database Content or Documentation to create a product or service that is competitive with the ISLG Solution or any other product or service offered by ISLG, or a product or service using similar ideas, features or functions; or (i) permit, assist or encourage any other person to: (1) do any of the foregoing in this Section 6(e); or (2) commit any act or omission that would be a breach of these Terms of Use if committed by or on behalf of you. A restriction set out in this this Section 6(e) does not apply if and to the extent, but only to the extent, that the restriction is prohibited by applicable law. For greater certainty, unless restricted by any Documentation, you may quote, excerpt and copy portions of Database Content for disclosure, use and distribution in its own work product produced in the normal course for other persons, including your clients and customers and governmental authorities, tribunals and other similar adjudicative bodies.

(f)              Personnel: You are fully responsible and liable for all acts, omissions and liabilities by or on behalf of each of your personnel and their use of the ISLG Solution, Documentation and Database Content. You will ensure that each of your personnel fully complies with all of the requirements, restrictions and limitations set out or referenced in this Section 6 and the Documentation regarding the use of the ISLG Solution, Documentation and Database Content.

(g)            Fees: No fees are payable in respect of a Trial Subscription.

(h)            Ownership of the ISLG Solution:  As between the parties, ISLG and its suppliers and licensors will at all times solely own and retain all rights, title and interest (including all intellectual property rights) in, to and associated with the ISLG Solution, Documentation and related computer systems and technologies.

(i)             ISLG SOLUTION DISCLAIMER/LIABILITY EXCLUSION

(i)             ACKNOWLEDGEMENT:  YOU ACKNOWLEDGE THAT THE ISLG SOLUTION AND DATABASE CONTENT ARE PROVIDED UNDER THIS SECTION 6 FREE OF CHARGE AND FOR THE SOLE PURPOSE OF YOUR PRIVATE, CONFIDENTIAL, INTERNAL EVALUATION OF THE ISLG SOLUTION FOR USE BY YOU, AND THAT ISLG DOES NOT ACCEPT ANY LIABILITY TO YOU OR ANY OTHER PERSON ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE ISLG SOLUTION OR DATABASE CONTENT. YOU USE THE ISLG SOLUTION AND DATABASE CONTENT ENTIRELY AT YOUR OWN RISK.

(ii)            GENERAL DISCLAIMER:  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ISLG SOLUTION, DOCUMENTATION AND DATABASE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF OR RELATING TO ACCURACY, AVAILABILITY, COMPLETENESS, CORRECTNESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, TIMELINESS OR TITLE, ALL OF WHICH ARE HEREBY DISCLAIMED BY ISLG TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF ISLG WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE.

(iii)           TECHNOLOGY DISCLAIMER:  WITHOUT LIMITING SECTION 6(I)(II), AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 6: (A) THE ISLG SOLUTION MIGHT NOT BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR FREE, AND MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (B) SECURITY MEASURES USED BY OR ON BEHALF OF ISLG MIGHT NOT PROTECT THE ISLG SOLUTION OR DATA STORED OR PROCESSED IN OR USING THE ISLG SOLUTIONAGAINST UNAUTHORIZED ACCESS, USE OR DISCLOSURE; AND (C) ISLG IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR USE, ALTERATION, THEFT OR DESTRUCTION OF, ANY DATA STORED OR PROCESSED IN OR USING THE ISLG SOLUTION, WHETHER THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

(iv)          LIABILITY EXCLUSION:  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 6AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ISLG GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY NATURE OR KIND WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGE OR LOSS) UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY AND STATUTE) ARISING FROM, CONNECTED WITH OR RELATING TO THIS SECTION 6OR THE SUBJECT MATTER OF THIS SECTION 6 (INCLUDING THE ISLG SOLUTION AND DATABASE CONTENT), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY ISLG OR ANY PERSON FOR WHOM ISLG IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE FOR THE DAMAGE, LOSS OR LIABILITY, EVEN IF ISLG OR ANY OTHER PERSON KNOWS OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF THE DAMAGE, LOSS OR LIABILITY BEING INCURRED, AND REGARDLESS OF WHETHER OR NOT THE DAMAGE, LOSS OR LIABILITY WAS FORESEEABLE.

7.              General

(a)            Restrictions/Changes/Termination:  The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). ISLG in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of ISLG, all without notice or liability to you or any other person. If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).

(b)            Governing Law:  ISLG has its head offices in Vancouver, British Columbia. These Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.

(c)            Disputes:  Except as expressly set out below, and unless applicable law requires otherwise, the courts of British Columbia, Canada sitting in the city of Vancouver, British Columbia, Canada will have original and exclusive jurisdiction over any and all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use or the Website or any related matter (each a “Dispute”), and you and ISLG each hereby unconditionally and irrevocably submit and attorn to the original and exclusive jurisdiction of those courts regarding a Dispute. Notwithstanding the foregoing, ISLG may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect ISLG’s rights and interests. You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.

(d)            Miscellaneous:  These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of ISLG Group. No consent or waiver by ISLG to or of any breach of these Terms of Use by you will be effective unless in writing and signed by ISLG or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of ISLG Group under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which ISLG Group may be lawfully entitled under these Terms of Use or at law, and ISLG Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of ISLG, which consent may be withheld in ISLG’s discretion. ISLG may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.

(e)            Survival:  Notwithstanding any other provision of these Terms of Use, each of Sections 4, 5, 6(h), 6(i) and 7, and all other provisions necessary to the interpretation or enforcement of those sections, will survive the expiration or termination of these Terms of Use and will remain in full force and effect and be binding on you and ISLG as applicable.

(f)             Interpretation:  In these Terms of Use: (a) a reference to “Terms of Use” refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.

(g)            Complete Agreement:  These Terms of Use set out the entire agreement between you and ISLG regarding your use of the Website. These Terms of Use may not be modified except as set out in section 1(c). There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and ISLG regarding the Website. For greater certainty, products and services advertised on or available through the Website are governed by other applicable agreements.

(h)            Language:  You and ISLG have each expressly requested and required that these Terms of Use and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms of Use provided by ISLG is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms of Use will take priority and govern. 

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE.