Last updated January 31, 2021.
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ARBITRATION: Any and all disputes arising out of the Terms of Service, the performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in the Terms of Service and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia in English and governed by British Columbia law pursuant to the Commercial Arbitration Act (British Columbia), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
GENERAL: This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The Terms of Service constitute the entire agreement between STOCKTRENDS and you pertaining to your use of the Site, Services and Content and supercedes any prior agreements between you and STOCKTRENDS. STOCKTRENDS' failure to insist upon or enforce strict performance of any right or provision of the Terms of Service shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any cause of action you may have with respect to your use of the Site or which is the subject of the Terms of Service must be commenced within one (1) year after the claim or cause of action arises. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No changes to the Terms of Service shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that the Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.