This Terms of Service will be governed by and construed in accordance with the laws of Alberta and Canada, as applicable. Subject to the Disputes clause of this Terms of Service, any action or proceeding arising out of or relating to the Website, Platform, or under this Terms of Service will be instituted in those courts, as applicable, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
This Terms of Service may be executed in any number of counterparts, each of which shall constitute an original, but all of which, when taken together, shall be considered one document, and the transmittal of signatures by facsimile or other electronic form is good and valid execution of this Terms of Service and is legally binding on the Parties.
Unless mutually agreed by the Parties in writing, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Terms of Service operates, or may be construed, as a waiver thereof. Any waiver or partial waiver by AETERNUM of any obligation owed to AETERNUM shall be understood to be a one-time occurrence and shall not create any presumptions thereof and shall not reduce or limit the obligations the USER owed to AETERNUM thereafter. No waiver by AETERNUM or any of its affiliates of any right under or term or provision of this Terms of Service will be deemed a waiver of any other right, term, or provision of this Terms of Service.
If any term or provision of this Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Terms of Service, our Privacy Policy, and our User License Agreement constitute the entire agreement between you and AETERNUM regarding our relationship and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written, oral, or inferred from conduct, regarding such subject matter. In the event of any conflict between this Terms of Service and our User License Agreement, the User License Agreement shall prevail.
Nothing contained herein, expressed, or implied, will constitute or contemplate a partnership, joint venture, employment, or other agency or business relationship between the Parties.
The Parties agree that only AETERNUM may assign or transfer this Terms of Service and its rights and obligations under this Terms of Service to a third party, at its option and discretion.
If any legal proceeding is brought by either Party hereto to enforce or interpret this Terms of Service, both Parties will be deemed to have jointly drafted this Terms of Service and neither side will enjoy the benefit of any presumptions regarding which party drafted the contract.
The word “including” in this Terms of Service means ‘including without limitation’. The sections and headers in this Terms of Service are for context only.
Each Party acknowledges to the other that they had the opportunity to obtain independent legal advice or have freely chosen not to obtain such advice.