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SITE TERMS AND CONDITIONS OF USE

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY WAIVER AGREEMENT

This is an important contract governing you and Ice & Snow Media (“We,” “Us,” or “Our”) and your use of this site or platform. It includes an ARBITRATION AGREEMENT AND CLASS ACTION AND JURY WAIVER. This Agreement does not govern our agreement regarding any content you submit to us, which will be covered under a separate agreement. As this contract is crucial, we aim to avoid ambiguity and uncertainty. To help, we have provided summaries and headings for guidance, but the entire Agreement is binding. You are encouraged to read it thoroughly.

Summary:

This summary is a non-binding, plain language guide to key points of the Agreement. However, only the Agreement itself is legally binding, and no part of this summary should be used for interpretation. You acknowledge that you have read, understood, and agree to the entire Agreement before accepting it electronically. Below are some highlights, but you agree that these highlights will not substitute for the full Agreement.

  • This Agreement is legally binding once you electronically accept it.
  • There is a binding ARBITRATION AGREEMENT, CLASS ACTION WAIVER, and JURY WAIVER beginning at Section 16.
  • We can modify the terms at any time by posting them to the site.
  • You must be 18 years or older to agree to these terms, or a legal guardian must agree on your behalf.
  • Everything provided by or through us is “AS IS.”
  • You indemnify us from any claims and release any claims you may have against us.

Actual Agreement begins here:

TERMS AND CONDITIONS OF USE

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY WAIVER

You and We Agree:

This legally binding contract (referred to as “Terms,” “Agreement,” or “Contract”) governs your relationship with Ice & Snow Media (“We,” “Us,” or “Our”) and your use of this website, mobile site, or platform (“Site” or “Platform”). By entering into this Agreement, you acknowledge that you have read, understood, and agreed to all the terms outlined below.

1. ARBITRATION AGREEMENT AND CLASS ACTION AND JURY WAIVER

You agree that any disputes between You and Us, including disputes involving our parent entity, affiliates, or assigns, will be resolved by mandatory binding arbitration under the laws of Ontario, and that you waive any right to participate in a class-action lawsuit, class-wide arbitration, or court trial. You waive any right to a jury trial, as set forth in Sections 16 and 17.

2. AMENDMENT/MODIFICATION NOTICE

We may amend or modify these terms at any time by posting the amended Agreement on a page linked to the Site. You agree that continued use of the Site after such amendments constitutes your acceptance of the modified terms.

3. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of Ontario, Canada. You agree that any disputes, claims, or legal actions arising out of or related to your use of the Site or Platform will be governed by the applicable laws of Ontario and subject to the exclusive jurisdiction of the courts located in Toronto, Ontario.

4. LEGAL CONTRACT

This Agreement is a legal contract between You and Us. If you are accessing the Site on behalf of an entity, you represent that you are at least 18 years old and authorized to bind the entity to these Terms.

5. AGE REQUIREMENT

You confirm that you are at least 18 years old. If you are under 18, a parent or legal guardian must enter into this Agreement on your behalf.

6. DISCLAIMER OF WARRANTIES

We provide the Site and any related services on an “AS IS” basis, and disclaim all warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event will we be liable for any damages arising from the use or inability to use the Site.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold Ice & Snow Media harmless from any and all claims, liabilities, and damages arising from your use of the Site, breach of these terms, or any other actions you undertake in relation to the Site.

8. MODIFICATIONS

We may update or modify this Agreement at any time. The latest version will always be available on our website. Your continued use of the Site after such modifications constitutes your acceptance of the amended terms.

9. PRIVACY

Your use of the Site is also governed by our Privacy Policy, which complies with Canadian data protection laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

10. LIMITATION OF LIABILITY

Under no circumstances shall Ice & Snow Media be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, including loss of data, revenue, or profits. In no event shall our liability exceed the greater of the amount paid by you for accessing the Site or $100 CAD.

11. DISPUTE RESOLUTION AND ARBITRATION

Applicable Law: Any disputes arising under this Agreement will be governed by the laws of Ontario, without regard to its conflict of law principles.

Arbitration: Any dispute or claim arising out of or relating to this Agreement will be resolved by binding arbitrationunder the rules of the ADR Institute of Canada, and the arbitration shall take place in Toronto, Ontario.

Class Action Waiver: You agree to resolve any disputes on an individual basis, waiving the right to bring or participate in any class action.

Jury Waiver: Both parties waive any right to a jury trial for any dispute arising out of this Agreement.

Arbitration Procedures: The arbitration will be conducted in accordance with the rules of the ADR Institute of Canada. The arbitrator will issue a reasoned decision, and the decision will be final and binding. Costs for arbitration will be shared equally, unless the arbitrator determines otherwise.

12. SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13. NOTICE

Any notices related to this Agreement should be sent to Ice & Snow Media at its principal place of business in Toronto, Ontario.

14. TERMINATION

We reserve the right to terminate this Agreement or suspend your access to the Site at any time, without notice or liability, for any reason.

15. LIMITATION OF LIABILITY AND DAMAGES

Limitation of Liability: We will not be liable to You for any damages resulting from Your access to or use of the Site, Platform, or any third-party service. We will not be responsible for any errors, interruptions, or lack of access to the Site, and under no circumstances will we be liable for indirect, special, or consequential damages. In no event shall our liability exceed the greater of $100 CAD or the total amount paid by You for accessing or using the Site in the past 12 months.

Limitations by Applicable Law: The limitations or exclusions of liability or remedies provided in these Terms apply to the fullest extent permissible under Ontario law. Certain provinces or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of these limitations may not apply to You.

Basis of the Bargain: You acknowledge and agree that the warranty disclaimers and limitations of liability in these Terms are essential to the Agreement and form the basis of the deal between You and Us. Without these limitations, We would not be able to provide the Site on economically reasonable terms.

16. YOUR REMEDIES

Your sole remedy for dissatisfaction with the Site, its content, or services is to stop using the Site and terminate this Agreement. You agree that any damages You suffer will be limited to the amounts You paid, if any, to use the Site, subject to the maximum liability provided in Section 15.

17. ARBITRATION AGREEMENT AND WAIVERS

Arbitration Agreement: Any and all disputes arising out of or relating to this Agreement or the Site will be resolved through binding arbitration under the rules of the ADR Institute of Canada. Arbitration will take place in Toronto, Ontario. The arbitration will be confidential and final, and the arbitrator’s decision will be binding and enforceable in any court of competent jurisdiction.

Class Action Waiver: You agree that any disputes or claims will be brought solely in your individual capacity and not as a class action or collective proceeding. You waive your right to participate as a plaintiff or class member in any purported class or representative action.

Jury Waiver: Both parties expressly waive their right to a jury trial in any legal action arising out of or relating to this Agreement.

Arbitration Procedures: The arbitration will be conducted according to the ADR Institute of Canada’s rules, including its expedited rules where applicable. Each party will bear its own legal fees and costs, except that the arbitrator may award fees to the prevailing party. All arbitration proceedings, evidence, and rulings will remain confidential, unless disclosure is required by law.

Costs of Arbitration: The parties agree to share the costs of arbitration equally. However, if You can demonstrate that the costs of arbitration will be prohibitive as compared to pursuing litigation, We may cover all arbitration fees as deemed necessary by the arbitrator.

Opt-Out Procedure: You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by notifying us in writing at Ice & Snow Media, Toronto, Ontario. Your opt-out will not affect any other parts of these Terms.

Severability: If any part of this arbitration agreement is found unenforceable, the remainder will continue in effect. However, if the class action waiver is deemed unenforceable, the entire arbitration agreement will be void.

18. INDEMNIFICATION AND RELEASE

You agree to indemnify, defend, and hold harmless Ice & Snow Media, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses arising from your use of the Site, any violation of these Terms, or any breach of representations and warranties made by You.

You also release Us from any claims or liability related to Your interactions with third parties through the Site, and from claims relating to the loss of data or other damages caused by the Site or by third-party content available through the Site.

19. CONFIDENTIALITY

Confidential Information: “Confidential Information” includes all non-public information disclosed to You through the Site or in connection with the services, except information that is (a) already known by You without confidentiality obligations, (b) publicly available through no fault of Your own, or (c) independently developed by You without access to Our confidential information.

Obligation: You agree to protect the confidentiality of Our confidential information and not to disclose it to any third parties except as required by law or for the performance of this Agreement.

20. PRIVACY POLICY

Your use of the Site is subject to our Privacy Policy, which complies with Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). By using the Site, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

21. LOCAL LAWS

Ice & Snow Media operates from Toronto, Ontario, and makes no representations that the Site is appropriate or available for use in other locations. If You access the Site from other jurisdictions, You are responsible for compliance with local laws.

22. TERMINATION

We may, in our sole discretion, terminate your access to the Site at any time without notice if you breach these Terms. Upon termination, You must cease using the Site immediately. Any rights or obligations that by their nature should survive termination will survive.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between You and Ice & Snow Media regarding the use of the Site. They supersede all prior agreements or understandings, whether written or oral, relating to the subject matter hereof.

24. WAIVERS

Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or of the right to enforce it at a later time. No waiver will be valid unless in writing and signed by Us.

25. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without Our prior written consent. We may freely assign these Terms without restriction.

26. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

27. COMMUNICATIONS

By using the Site, you consent to receive communications from Us electronically. You agree that all notices, agreements, disclosures, and other communications provided to You electronically satisfy any legal requirements that such communications be in writing.

Recording Calls: We may, at our discretion, monitor or record telephone conversations with You for quality control and training purposes or to protect our rights.

28. NOTICES

Any notices to be given under these Terms should be sent to Ice & Snow Media at its principal office in Toronto, Ontario. Notices to You will be sent to the email address You provided during registration.

29. GOVERNING LAW AND JURISDICTION

This Agreement will be governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflict of law principles. Any disputes not subject to arbitration will be resolved exclusively in the courts located in Toronto, Ontario.

EXHIBIT RE RATIFICATION BY PARENT/GUARDIAN OF MINOR OR CONSERVED PERSON

If the person accessing or using the Site is between 13 and 18 years of age or under conservatorship, their parent or legal guardian must ratify and agree to this Agreement on their behalf.

Dear Parent or Legal Guardian, you agree that by allowing your child or ward to access or use the Site, you consent to their entering into this Agreement and agree to be bound by its terms.

30. ELECTRONIC SIGNATURE AND ACCEPTANCE

By clicking “I Agree” or by using the Site, you acknowledge that:

  • Your electronic submission constitutes your agreement to these Terms and your intent to be legally and contractually bound by them.
  • Your electronic consent is the equivalent of a handwritten signature and carries the same legal weight and enforceability as a physical signature.