Terms of Use

A.  Web Site Terms and Conditions of Use PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

Are You Bored Inc. ("Bordie”) maintains this web site, including mobile versions of this site on any site we may have now or in the future (collectively, the “Site”) as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Bordie is providing access to this Site to you on an “as is, as available” basis.  If you have purchased Services available through this Site, the Terms of Service that you agreed to upon use of the Services will apply. If there is any conflict or inconsistency between these Terms of Use and the Terms of Service, The Terms of Service will prevail to the extent of such conflict or inconsistency with regards to your use of the Services only. “Bordie” is a trademakr of Are you Bored Inc. All rights are reserved.

User Generated Content

The Site contains photos, graphics, audio, video, comments, feedback, suggestions, ideas and other content provided by third parties (“User Generated Content”). By using the Site, you agree that Bordie shall have no liability for the nature of such Content.

By submitting ideas, suggestions, feedback, documents and/or proposals (“Contributions”) to Bordie through any comment, “Contact us”, suggestion or feedback webpages that the Site may have, you hereby agree that you are granting Bordie a non-exclusive, perpetual, worldwide right to use, copy, modify, publish and distribute publicly and prepare derivative works of your Contributions in any manner of form, without payment to you or any other party.

You are solely responsible for any Contributions that you submit using the Site. You represent and warrant to Bordie that you have the full legal right, power and authority to grant to Bordie the licenses provided for herein, and that no Contribution infringes, violates or otherwise interferes with any intellectual property right, right of privacy, publicity right or other right of any party, or reveals any trade secret or confidential information of another party.

Copyright and Trademark Information

Copyright © 2017 Are You Bored Inc. All rights reserved.

This Site, the Content and the information which the Site contains, are the property of Bordie and its affiliates and licensors, and is protected from unauthorized copying and dissemination by Canadian copyright law, trademark law, international conventions and other intellectual property laws. Bordie and any other Are You Bored Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.

Use of The Web Site and Its Content

The information contained in this Site is for general guidance. Such information is provided on an "as is" basis. There may also be delays, omissions, or inaccuracies in information contained on this web site. Bordie may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Bordie.

Accuracy of Content and Future Modifications to Web Site 

The information available on or through this Site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. Bordie reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

No Warranties

CONTENT AND OTHER INFORMATION PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, BORDIE DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) DEFECTS WILL BE CORRECTED, OR (iii) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BORDIE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

It is your responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Links to Third-Party Web Sites

This Site may contain links to non-Bordie web sites. These links are provided to you as a convenience, and Bordie is not responsible for the content of any linked web site.

Use of the Site

When retrieving information, content or services from our site, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents or any extraction or navigation search except for a normal browser, (2) aggregating, copying, or duplicating any of the materials or information available from the site, or (3) accessing data not intended for You. No user of the Site or of any services provided through or accessible via the Site may:(1) take any action that imposes an unreasonable load on the Site’s infrastructure; (2) use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site, or (3) attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the Site.

Copyright Matters

If you believe that any materials published on the Site have been used in a way that constitutes copyright infringement and fi you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please provide our Copyright Agent with a signed statement in English that provides the following:

  • A description of the infringing material;
  • A description of the copyrighted work(s) that you believe has been infringed;
  • The name of the owner of the copyright;
  • Your name, address, telephone number and email address;
  • A statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner or by law;
  • A statement that the information you have provided is true; and
  • A statement made under penalty of perjury that you are the owner of the copyright or are authorized to act on behalf of the owner.

Your statement must be submitted via email at info@bordie.co or by post to:

Copyright Enforcement,Are You Bored Inc.,533 Claymeadow Ave.,Mississauga ONL5B 4H6

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Bordie, as described above.

Language

It is the express will of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigées en anglais.

B. TERMS OF SERVICE

These Bordie Terms of Service (this “Agreement”) apply to your use of (1) the vendor reservation services made available by Bordie through the Bordie Site, any Bordie-branded application for your mobile or other device (collectively, the “Application”), and any other online properties of Bordie or third parties, as described in Part I below (the “Reservation Services”), (2) the payment services made available by Bordie through the Bordie Application as described in Part II below (the “Payment Services”), (3) any Bordie Application, and (5) any other services or features made available by Bordie through the Bordie Site or any Bordie Application. Together, the items in (1) through (4) are the “Services”.

In this Agreement, “Bordie” and “we” mean Bordie, Inc., and “User” and “you” mean any user of the Services. This Agreement incorporates Bordie’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Bordie Policies”). “Bordie” is a trademark of Are You Bored Inc., and all rights are reserved.

By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement and any additional terms applicable to any programs or services in which you elect to participate, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

Bordie may update or revise this Agreement (including any Bordie Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Bordie, any use of the Services (e.g., the use of the Reservation Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.

Part I - Reservation Services

  1. Vendor Reservations. Bordie provides the Reservation Services to you for the purpose of assisting you in securing activity reservations at participating third-party Vendors (each, a “Vendor”). In response to your online request for a Vendor reservation through the Bordie Site or Bordie Application, Bordie directly contacts the Vendor’s or a third party computerized database of reservations. The availability of reservations is determined at the time of User’s query. Once a reservation is made by User through the Bordie Site or Bordie Application (a “Reservation”), Bordie will provide confirmation of the Reservation to User by email.

    The Vendor has sole responsibility for honoring any Reservation and price. Additionally, the Vendor has sole responsibility for the care and quality of all products and services it provides to you. Bordie does not facilitate nor is it liable for any special requests that the Vendor may accommodate at its discretion. A Reservation may not be sold, auctioned, or bartered. Bordie will not provide a refund for any missed Reservation if you did not cancel or reschedule according to the Vendor's policies or the fine print.

     

  2. Cancellation Policy. Bordie is committed to providing superior quality services to Users and Vendors. To assist us in maintaining a consistently high level of service for the Vendors and their patrons, Users may be required to cancel your Reservation in accordance with the Vendor’s cancellation policy, which is disclosed at the time the reservation is made. You may cancel your Reservation by calling the Vendor directly. Vendors will require a credit card number to finalize your reservation. In order to use the Reservation Services for these Vendors, you must provide valid credit card information. Bordie uses this credit card information as described in our privacy policy and shall have no liability for any charges made to the credit card account for any failure to cancel your Reservation in accordance with a Vendor’s cancellation policy.

     

Part II – Payment Services

 

  1. General Description and Requirements. The Payment Services allow Users to pay fees at participating Vendors through the Bordie Application. In order to use the Payment Services at a participating Vendor, you must: (1) install the Bordie Application on a compatible mobile device; (2) make a reservation for the Vendor through the Reservation Services; (3) provide valid payment method information through or to the Bordie Application as further described below; (4) provide your mobile phone number as further described below; and (5) have an Account in good standing. The Payment Services may not be available for all Vendors; for a list of participating Vendors, please visit the Bordie Application. There is no fee to you to use the Payment Services, but your mobile carrier’s standard text messaging and data charges may apply; you are responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and Bordie Application.

     

  2. Payment Method Information. In order to use the Payment Services, you must provide account information for at least one valid credit card or other payment method through or to the Bordie Application. Bordie uses this payment method account information as described in our privacy policy. If you provide account information for a credit card to the Bordie Application via a third party, your provision of such credit card shall also be subject to the terms and conditions specified by such third party. Bordie takes no responsibility and assumes no liability for any actions or omissions of such third party. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Bordie Application. If you provide account information in such manner for more than one valid credit card, you must select which credit card you want to use to pay your Vendor fee.

     

    To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments, manage debit and credit card information and detect and prevent fraud.

     

    By providing credit card account information through or to the Bordie Application, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such credit card account(s) or applicable law. When you authorize a payment using a credit card account via the Bordie Application, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the credit card account.

 

  1. Verified Mobile Phone Number. In order to use the Payment Services, you must provide a valid mobile phone number through the Bordie Application. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls from Bordie or Vendor, autodialed and prerecorded message calls, and text messages relating to the Payment Services at that number.

  1. Account Settings. You may establish certain default settings for your use of the Payment Services through the Bordie Application, such as your preferred payment card account if you provided credit card information directly through the Bordie Application. You may change these settings through the Bordie Application.

 

  1. Payment Authorization and Settlement. After you place an order at a participating Vendor, you may indicate through the Bordie Application that you intend to pay your Vendor fee using the Payment Services. When you indicate through the Bordie Application that you intend to pay your Vendor fee using the Payment Services, you authorize Bordie or Vendor to charge your credit card for the full amount of your final fee, which may include any applicable taxes, surcharges or fees and may include adjustments for any errors or omissions. You may only use the Payment Services to pay the full amount of the fee; no partial payments are permitted. This Agreement does not alter your payment obligations to Vendors; you are responsible for timely payment of all amounts owed by you to any Vendor. Depending on your payment method, you may be subject to certain minimum charges. Except to the extent otherwise required by applicable law, Bordie is not responsible or liable for any payments authorized through the Bordie Application using your payment method information.

 

  1. Receipts and Transaction History. As a courtesy, we will email a receipt to the email address associated with your Account upon completion of a transaction using the Payment Services. You may print and save copies of these receipts. If you would like a paper receipt, you must request one from the Vendor at the time of the transaction.

     

  2. Certain Limitations. You acknowledge and agree that Bordie provides the Payment Services only as a convenience and is not a party to your payment transactions performed using the Payment Services. Bordie is an independent contractor for all purposes and is not your agent or trustee. Bordie is not responsible, and has no liability for, the products or services that are paid for with the Payment Services. Bordie is not responsible for any overcharges or other payment disputes with Vendors. Users must resolve payment and other disputes directly with Vendors.

  1. Bordie is not liable for any payments that the Payment Services do not complete because: (1) your credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the credit card account; (2) you have not provided us with correct payment account information; (3) your credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your credit card account through the Payment Services, you are solely responsible for paying the applicable Vendor(s) by other means.

     

Part III – Terms for All Services

 

  1. Privacy Policy. Bordie is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.

 

  1. Your Account. You must create an account with Bordie through the Bordie Application (“Account”) in order to use the Reservation Services and the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Bordie registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Bordie of any unauthorized use of your Account or any other breach of security related to your use of the Services. You may create only one account for your personal use of Bordie Services. Your account is non-transferable.

 

  1. Communications from Bordie. The Bordie Application may use GPS locator capabilities to identify your current location. If you provide a mobile phone number, you hereby expressly consent to receive SMS text messages from Bordie regarding the Services and as otherwise described in our privacy policy. The communication standards for the Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices to access the Services.

 

  1. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Bordie does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Bordie Site, and some features and portions of the Bordie Site (including, but not limited to, making reservations) may not be accessible with JavaScript disabled.

 

  1. Modifications to Services. Bordie reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Bordie Site, Bordie Application, Vendors, and/or Merchants. Bordie shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

 

  1. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Bordie Content”) are provided to User by Bordie or its partners or licensors solely to support User’s permitted use of the Services. The Bordie Content may be modified from time to time by Bordie in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Bordie Content by User shall constitute a material breach of this Agreement. Bordie and its partners or licensors retain all rights in the Services and Bordie Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Bordie or any third party is granted under this Agreement.

 

  1. Application License. Subject to the terms and conditions of this Agreement, Bordie grants User a non-exclusive, non-transferable, revocable license to use the Bordie Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.

 

  1. Use Restrictions. The Services and Bordie Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Bordie expressly reserves all its rights and remedies under applicable provincial and federal laws. Bordie reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Bordie Content, except as expressly authorized by Bordie; (2) take any action that imposes or may impose (in Bordie’s sole determination) an unreasonable or a disproportionately large load on the Services or Bordie’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Bordie Content to a third party; (5) use any portion of the Services or Bordie Content to provide, or incorporate any portion of the Services or Bordie Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Bordie); (7) modify any Services or Bordie Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Bordie Content; (9) use the Services or Bordie Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Bordie Content or access or use the Services or Bordie Content for competitive analysis or benchmarking purposes.

 

  1. Termination. Bordie may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Bordie may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Bordie Policies) and Users of the Payment Services, if we receive excessive chargebacks on the credit card associated with your Account. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that Bordie shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Bordie will have no liability whatsoever.

 

  1. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Vendors and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising. Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings of your own Vendor, or any Vendor of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Bordie reserves the right (but has no obligation) to monitor, remove, or edit User Content in Bordie’s sole discretion, including if User Content violates this Agreement (including any Bordie Policies), but you acknowledge that Bordie may regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Bordie a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Bordie takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.

 

  1. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Bordie and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Bordie’s request) defend Bordie, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Bordie Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.

 

  1. Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW, IN NO EVENT SHALL THE BORDIE PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES, THE BORDIE CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES OR PAYMENT SERVICES), OR (4) YOUR VISIT TO ANY VENDOR OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY VENDOR OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE BORDIE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE BORDIE CONTENT. BORDIE IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY VENDOR FOR WHICH A USER HAS MADE A RESERVATION OR PAID A FEE USING THE PAYMENT SERVICES.

     

    IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE PRICE YOU PAID FOR YOUR MOST RECENT PURCHASE OR TEN CANADIAN DOLLARS ($10).

     

    You and Bordie understand and agree that the disclaimers, exclusions, and limitations in this Section 22 and in Section 23 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Bordie would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

     

  1. Disclaimer of Warranties. THE SERVICES, ALL BORDIE CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. BORDIE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. BORDIE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT BORDIE WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. BORDIE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF BORDIE.

     

    THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

     

  1. Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than Bordie. Such hypertext links are provided for User’s reference only, and Bordie does not control such websites and is not responsible for their content. Bordie’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Bordie assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.

 

  1. Release. Vendors and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Vendor or Merchant or from any product or service of any Vendor or Merchant. You hereby release the Bordie Parties from any and all such Claims. You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Bordie Parties pertaining to the subject matter of this Section 36.

 

  1. Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing following the procedures set out under Part A of Website Terms of Use, create only one account for your personal use of Bordie Services. Your account is non-transferable. Again, we cannot take action unless you give us all the required information.

 

  1. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

 

  1. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Bordie.

 

  1. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

 

  1. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Bordie Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.

     

    The arbitration shall be conducted by one arbitrator in English and in accordance with the Canadian Arbitration Association Arbitration Rules (“CAA”), which shall administer the arbitration and act as appointing authority (unless another arbitrator is mutually agreed by Bordie and You). The place of the arbitration shall be Toronto, Ontario. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. Notwithstanding the foregoing, if you bring a claim subject to arbitration, Bordie, if so requested by you, will pay the cost of fees and deposits imposed upon you by the Canadian Arbitration Association or other arbitrator to the extent that such cost exceeds the amount you would have had to pay as filing fees and initial court costs if you had filed suit in a court of competent jurisdiction. The decision of the arbitrator may be entered in any court of competent jurisdiction. You agree to submit to the jurisdiction of the provincial and federal courts in Ontario for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Bordie may seek preliminary injunctive relief from a court of law in the event of a breach by You. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

     

    You and Bordie must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR BORDIE MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Bordie will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Bordie also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

     

    Notwithstanding the foregoing, either you or Bordie may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Toronto, Ontario. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the provincial or federal courts located in Toronto, Ontario in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Toronto, Ontario for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

     

    With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Bordie shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Toronto, Ontario.

     

    For more information on CAA, the Rules and Procedures, or the process for filing an arbitration claim, you may visit the CAA website at https://canadianarbitrationassociation.ca/.

  1. Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the province of Ontario, consistent with the Commercial Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

 

REVISION DATE: July 27th, 2017