Last updated: September 15/2020 We understand how important your personal data is, and have comprised this document to give you clarity on what information we collect, and the ways in which we will use it. We want you to have peace of mind that the Glimpse Social will always lawfully collect and process your personal data. “Glimpse Social” refers to the Glimpse Social website, browser extension, mobile app, and any other of our products and services that directly link to this policy.
You have the power to decide how much you interact with Glimpse Social and to what extent we can access information about you. We collect your data in different ways and we have described some of the more common ways below.
1.1. Basic account information: (a) We will have access to the information you provide when you create your Glimpse Social account, such as your name, email address, username and password, or even a profile picture or telephone number, if you choose to add those too.
(b) You have the option to import your contacts, or invite your friends to use Glimpse Social, in which case we will also collect some of their personal data.
1.2. Social media activity and third-parties: (a) We may link to third-party sites or apps, and will collect data from your other social media platforms if you link these to your Glimpse Social account.
(b) Social media platforms, such as Facebook, and third-party apps can also give us your account information, similar to those listed above (name, phone number, email address etc and details from your profiles).
(c) Glimpse Social does not control these third-party sites or apps and we are not responsible for their practices; please read their individual privacy statements.
(d) Glimpse Social is an integrated social media platform, which means we combine data that we collect ourselves with data we collect from devices and third-party sites.
1.3. Your interactions: (a) We want to make your experiences with Glimpse Social as relevant to you as possible, and to help us to do this we will collect data on your interactions, monitoring in what ways you like to use our services.
(b) The purpose of Glimpse Social is to provide you with a platform to interact with others in your community. Your profile is public and is designed for you to share and view videos with your connections, as well as their connections.
(c) People can see a list of some of your connections, can see when you were last online, and will receive a notification when you go back online.
(d) You have the option to enable push notifications so we can let you know about a new update or even when a friend is online.
1.4. Your location: (a) Glimpse Social encourages you to share information with people who live in your area, which means it is relevant for us to collect data on your locations and might use your IP address, for example, in order to do this.
1.5. Your devices: (a) We will have access to data on your device, such as which device or browser you are using, which mobile carrier you are with or which operating system, or hardware model, you have.
(b) We can also take note of which other sites you visit before or after visiting us.
(c) As well as directly acquiring data from your account, or from your contact with us, we can also collect data passively over time through your browser cookies and web beacons, either on our site or in our emails to you.
1.6. Your feedback: (a) We encourage you to provide feedback on our service by writing a review, or perhaps completing a survey, and this data will be stored so we can strive to make improvements.
(b) Please email firstname.lastname@example.org to send us your thoughts.
2.1. We are constantly striving to improve user experience and the personal data we collect from you helps us make Glimpse Social better. We want to look out for you, and make sure you are getting the most out of the service.
(a) We aim to customise your experience through responding to your feedback, answering your questions, or by noting, and analysing your chosen preferences and performance data so we can suggest other ways you can benefit from Glimpse Social.
(b) For example, with your permission - required by law - we can recommend others in your area with whom you can connect.
2.2. Offering more: (a) Your data enables us to share offers or products we think you will find interesting, either from us or from appropriate third-parties.
(b) We will reach out to you via the app, email, or on social media platforms to send you surveys or promotions to keep Glimpse Social connected and relevant.
(c) Your personal data might be shared with these trusted third-party companies who help us deliver our service and run exciting promotions.
2.3. Keeping you safe: (a) The protection of your data is important to us and we work hard to keep it safe, with appropriate administrative, technical and physical safeguards to protect you, other users and our company from illegal activity.
(b) However, the internet will never be 100% secure and we urge you to always exercise caution with your personal data. Keep your credentials and password confidential – do not share or reuse passwords – and please never accept friend requests from strangers.
2.4. Keeping our children safe: (a) Glimpse Social is suitable for a wide audience, for people strictly over the age of 13 and we ask that any children under the age of 13 do not use Glimpse Social or share their personal information with us.
(b) If we discover we have unintentionally received personal information from somebody under the age of 13, we will immediately respond by deleting it, and the child’s account.
(c) If you are a concerned parent, please contact email@example.com.
2.5. Help us to help you: (a) Ultimately, by choosing to provide your personal data, you are giving Glimpse Social permission to perform our side of the contract so we can respond to your requests and feedback.
(b) You can opt out of providing some information, but that might make it difficult for us to execute our role in helping you with our service.
2.6. The law: (a) We will share your data as permitted under law, or as we may describe to you. For example, we might share your data with a law enforcement agency if we receive a court order or subpoena, or with a government agency if we are investigating any fraud, abuse or violations of our rules and codes of conduct.
(b) We might share your data as part of a transaction if we sell part of all of our business, if we find ourselves part of a merger or acquisition, or if there’s a bankruptcy.
3.1. No longer want to receive some marketing? No problem. You can opt out of some communication, for example, you don’t have to receive promotional emails or messages from us.
3.2. You have control over how you interact with other users on Glimpse Social, and can adjust notifications about you being online.
3.3. Your mobile device settings are up you. (a) You can turn off location services or push notifications, if you wish to.
(b) Location collection can be stopped through the app level permissions on your device.
(c) Glimpse Social account settings can also be adjusted to modify the push notifications you receive from us.
3.4. All browsers operate different setting controls, but you might be able to adjust your settings to block, manage or delete browser cookies however please note that Glimpse Social might not be able to function properly if some cookies are disabled.
3.5. We occasionally use flash cookies, which cannot be managed through your browser settings, therefore please click here to make your adjustments.
3.6. Depending on your browser, you might be able to modify tracking tools, although this does also depend on the type of tracking tool used.
3.7. “Cross-App Data” (a) “Cross-app data” is when apps talk to each other to exchange information for internet-based advertising and improved functionality.
(b) The Digital Advertising Alliance runs a service called AppChoices, which helps you opt out of this data sharing. Download this app to grant yourself transparency on the companies who exercise cross-app data collection so you can choose – depending on your browser or device - whether you receive this type of advertising.
(c) We will continue to send you messages about your relationship with Glimpse Social, where permitted by law.
4.1. Glimpse Social is based in Canada. If you live in a different country you should be aware that your personal data may be stored and processed in Canada and the United States of America. Canada and the US might have different data protection rules than your country of residence.
4.2. We might transfer some information between Europe and Canada, but this will be subject to appropriate safeguards under applicable law.
4.3. Glimpse Social only uses your personal data to help improve our practices as described in this document, or as required by law. We do not sell your personal data to third parties, as that term is defined by applicable laws, and we will keep your data until it is no longer relevant to our practices.
4.4. Similarly different parts of the world operate different laws and rights for residents. Glimpse Social therefore offers different communication rights depending on where you live, affecting how you contact us for information. Please see below for further details:
(a) European Residents: residents living in the EEA, Switzerland or the UK
You might have the right to access data we collect on you, to make corrections, request deletions or even restrict or prevent us processing your data. You also have the right to complain to a data protection agency if you have any cause for concern about how we handle your personal information.
Please email firstname.lastname@example.org for more information.
(b) Ontario Residents
If you are not a job applicant, if you do not work for Glimpse Social, or work for another company that interacts with Glimpse Social, you might have the right to ask us about data we collect and share about you. You can request deletion of your personal data, and have the right to not be discriminated against for doing so.
Please email email@example.com for more information.
5.1. We will notify you by law if anything related to the information in this document changes.
5.2. Our website will always be updated; please regularly check our website for any updates to our policy.
Please contact firstname.lastname@example.org if you have any questions about our privacy practices as listed in this document.
These Terms of Service (“Terms”) are between you and 1815443 Ontario LTD (“Glimpsesocial.com”). These Terms govern your access to and use of our Glimpse Social services, including our Glimpse Social mobile applications (“Apps”), our websites, including the website located at Glimpsesocial.com (collectively, the “Services”). ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12 (“DISPUTE RESOLUTION”), AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12, YOU AGREE THAT DISPUTES BETWEEN YOU AND 1815443 ONTARIO LTD. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1.1. Eligibility. To be eligible to use our Services, you must:
(a) Obey our Terms and applicable rules and regulations.
(b) Be permitted to do under Canadian law or other applicable jurisdiction.
(c) Have authorisation to accept our Terms on behalf of another organisation. By accepting, you confirm this authorisation.
1.2. Agreeing to the Terms. You will be bound to our Terms when you agree to them, whether you are using or accessing our services. You accept the below: (a) We do not have to alert you to any changes to our Terms, or any permanent or temporary termination to our Services.
(b) We have the right to limit how you use our Services at our discretion, at any time, without informing you before doing so.
1.3. Your account. To use our Services you must have a registered account and agree to the below: (a) Your information will be accurate and complete
(b) You will keep your information up-to-date.
(c) We will exercise our right to suspend or terminate any account that is not kept accurate or up-to-date.
(d) We can confiscate any username, for any reason, at any time.
1.4. Safety. While we will do what we can to help keep you safe, you are ultimately responsible for your safety, and acknowledge the below: (a) You are responsible for keeping your passwords, and credentials, you use to access our Services, safe.
(b) You should use a combination of upper and lower case letters to create a “strong” password.
(c) We will not be liable for any loss or damage if you fail to exercise the above.
1.5. Advertising. (a) Our Services might include advertisements, the types and extent of which are relevant to our Services.
(b) By using our Services, you understand that 1815443 Ontario LTD and any third-party partners may include advertising related to information, submitted by you, or anybody else, to our services.
2.2. Using our Services. (a) You can import your personal contacts from your mobile device, and in doing so you grant us access to your personal contacts so that we can identify mutual contacts, and therefore suggest potential new connections.
(b) You can invite your connections or personal contacts to use or access our Services.
(c) You can join your connections in any group video chat, either by sending messages via the messaging functionality on your mobile device, or via messages created through our Services.
(d) Without invitation, your connections, and any of their connections, can join your video chats. You will receive a notification prior to somebody, who isn’t your connection, joining.
(e) We might identify a user that has something in common, and recommend that you invite them into your group video chat.
(f) We might suggest content for your messages and 1815443 Ontario LTD understands that any recipient consents to receiving your messages.
(g) By using our Services, you consent to the collection and use of your personal data and any direct communication we may send you as part of our services, which may be mandatory.
3.1. “Content’ refers to works of authorship of any kind, including but not limited to the below, made available through the Services. This includes without limitation “User Content” (text, images, music, software, audio, video recordings).
(a) We will monitor, but will not take responsibility for Content uploaded to our Services.
(b) We do not endorse or guarantee the authenticity or accuracy of any Content and you use any Content posted via our Services at your own risk, and understand that you will be exposed to all manner of Content, some of which might cause offence, be inaccurate or unreliable.
(c) You are solely responsible for your use of our Services and for any User Content you provide, whether it has been posted to our Services publicly or privately.
(d) You are also responsible for how other Users use your Content when you are interacting in a group video chat session. As such, you should only submit User Content that you are comfortable sharing.
(e) We will not liable, under any circumstances, for any misleading Content, including but not limited to Content that contains errors, or any loss or damage incurred as a result of this Content use in any capacity.
4.1. You own any User Content you submit to our Services and all rights, title, and interest in and to the Services and Content are and will remain the exclusive property of 1815443 Ontario LTD, and its licensors (including other Users).
4.2. The Services are protected by copyright, trademark, and any other laws not expressly granted in these terms, of both Canada and foreign countries.
4.3. You give us royalty-free license to use your Content, as described below, when you submit any User Content to our Services. (a) Our use may include, but will not be limited to reproduction, adaptation and publication of your Content, including use by the Press.
(b) We will have the right to sublicense your Content.
(c) We might need to modify your Content so it can be displayed over any other networks or devices.
(d) We will use the Content of your video chat sessions for no other purpose other than to provide our Services.
4.4. You confirm that your User Content conforms to any applicable law, or third-party intellectual property rights.
4.5. 1815443 Ontario LTD will not be responsible or liable for any use of your User Content, in any capacity.
4.6. If you comply with these terms and your permitted use of the Services, we grant you license to access and view Content posted by other Users on our Services, providing it is for your personal and non-commercial use, with the exception of the press.
4.7. You understand that any feedback provided to the Services in done so voluntarily and that we are free to use any comments or suggestions, in any capacity.
4.8. App Store Apps Additional Terms. (a) If you agree to our terms, you will be granted a non-exclusive, non-transferable, non-sublicensable, license to download and install the Glimpse Social app, on any device.
(b) You must run the app solely for your own personal, non-commercial purposes, with the exception of the press.
(c) You are not allowed to copy the app, unless you are backing up your Content.
(d) Unless otherwise stated in these terms, you may not undertake any of the following: copying or modifying any works based on the App; you must not distribute, transfer, sublicense, lease, lend or rent the App to any third party; you must not disassemble the App.
(e) 1815443 Ontario Ltd reserves all rights in an to the App.
(f) App Store terms:
• You can access and download the App from any distribution platform.
• If you use the Apple App Store, you agree to adhere to the “Usage Rules” outlined in the Apple Store Terms of Service.
• If you use another “App Provider” such as Google Play, you agree that the terms are between you and 1815443 Ontario LTD, and not with the App Provider.
• 1815443 Ontario LTD, not the App Provider, is solely responsible for the App, including but not limited to maintenance and support services for the App.
• You must adhere to all third-party terms of service when using the App.
• You have the right to ask App Provider for a refund on the purchase price, if the App fails to confirm to any applicable warranty. This is the extent to the warranty obligation of the App Provider.
• Any other losses, in any capacity, associated with the failure of the App is the responsibility of 1815443 Ontario LTD.
• Any claims you, or any third-party, might have relating to your use or possession of the App, it not the responsibility of App Provider. This includes, but is not limited to product liability claims or claims about the App failing to conform to any applicable regulations.
• 1815443 Ontario LTD will be solely responsible for any intellectual property infringement claims to the extent required by these Terms.
• You, App Provider and its subsidiaries are third-party beneficiaries of the these Terms, as related to your license of the App. By accepting these Terms, you grant App Provider the right – and they will be deemed to have accepted the right - to enforce these Terms against you as a third party.
• You agree to comply with all Canadian and foreign export laws and regulations, and confirm that you are not located in a country that is subject to Canadian Government embargo, or recognized as a “terrorist supporting” country, or listed on any Canadian Government list of prohibited or restricted parties.
5.1. We have the right to change or remove any Content of our Services, if we wish to, without liability to you.
5.2. You are not permitted to do any of the below: (a) Impersonate another person for the purposes of deceptive.
(b) Violate any third-party rights.
(c) Promote discrimination against, or threaten, a group of individual.
(d) Post anything illegal, abusive, defamatory, obscene or anything that constitutes spam.
5.3. We reserve the right to access any information that is posted via our Services, for the below purposes: (a) To adhere to any applicable law, regulation or government request.
(b) To enforce our Terms and investigate any possible violations, including, but not limited to, fraud or security issues.
(c) Protect the rights and safety of all Users.
5.5. You may not do any of the below while using our Services: (a) Violate any applicable law or regulation, or encourage other people to do so.
• Access, or tamper with, any of 1815443 Ontario LTD’s non-public Service areas, such as our computer or technical delivery systems.
• Attempt to weaken our security or authentication measures.
• Access – or attempt to access - our Services in any other capacity other than the available, published interfaces 1815443 Ontario LTD provides, in accordance to our terms and conditions (unless specifically authorised in a separate agreement).
• Forge – or attempt to forge - any TCP/IP header, in any capacity or in any format.
• Use our Services to send false information or any unsolicited or unauthorised advertising, including but not limited to spam, email or promotional materials.
• Use any personally identifiable information, without express permission, from other Users of the Services.
• Use our Services or Content for any personal or third-party commercial gain that is not permitted in these Terms.
• Disrupt – or attempt to disrupt – any User access or network, including but not limited to sending a virus, mail-bombing, or creating Content that will burden the Services.
• Use, in any capacity, any element of the Services, including 1815443 Ontario LTD’s meta tags, trademark, logo URL, layout, design or any other proprietary information, without express written consent.
• Circumvent, remove or tamper with, in any capacity, any technology measures or reverse engineer any of the software implemented by 1815443 Ontario LTD by our providers or any third party, used to provide our Services.
• Access or search the Services or Content through the use of any software or search agents other than provided by 1815443 Ontario LTD (or other third-party web browsers). This includes spiders, robots, crawlers, or data mining tools.
6.1. 1815443 Ontario LTD respects copyright law, and our Users are expected to do the same. Any Users who infringe – or found to have attempted to infringe – the rights of copyright holders, will have their accounts terminated. The Copyright Policy of 1815443 Ontario LTD details more information.
7.1. These Terms will apply until terminated by you or 1815443 Ontario LTD.
7.2. You can end your agreement with the Terms by deactivating your account, at any time, for any reason, by emailing glimpsesocial.com.
7.3. We have the right to terminate your account for any reason, such as if you violate any of these Terms or expose us to legal risk.
7.4. If we terminate your account, we will do our best to notify you in advance, via email or the messaging platform through the Services.
7.5. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 5, 6, 7, 8, 9, 10, 11.
7.6. Nothing in this section shall affect 1815443 Ontario LTD.’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 1.
8.1. You will compensate and hold harmless all employees and agents of 1815443 Ontario LTD for any reasonable legal and accounting fees associated with your violation of these Terms, your User Content, or general use of the Services or Content.
9.1. The liability of 1815443 Ontario LTD limited, as are all of our Entities, including, but not limited to our officers, directors, employees, partners, affiliates, subsidiaries, agents, representatives and licensors.
9.2. This section applies to the maximum extent permitted under applicable law, but does not specify the difference between some jurisdictions. As such, some of this section 1.15 might not apply to you; we do not intend to restrict any of your rights that are not lawfully limited.
9.3. You access and use our Services and Content at your own risk.
9.4. The Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. 1815443 ONTARIO LTD. ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.5. Warranties: (a) You understand that you use 1815443 Ontario LTD at your own risk. The Entities of 1815443 Ontario LTD are not bound by any warranties and conditions, whether express or implied, of the merchantability, fitness for a particular purpose or non-infringement.
(b) 1815443 Ontario LTD Entities make no warranty and disclaim all responsibility for the completeness, accuracy, availability or reliability of the Services or any Content; any harm that results from your use of the Services (including, but not limited to, any unlawful use); any deleted Content resulting from your error, or otherwise; whether the Services meet your requirements.
(c) No warranty not expressly made herein can be obtained from 1815443 Ontario LTD Entities or through the Services.
9.6. The Services may contain links to third-party websites and you acknowledge full responsibility and risk for using any such websites or resources. You understand 1815443 Ontario LTD is not responsible for these websites, or the content, services or products they provide.
9.7. 1815443 Ontario LTD does not endorse any websites, or the content, services or products, by providing a link to it.
9.8. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 1815443 ONTARIO LTD. ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.es meet your requirements.
(c) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
(e) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE 1815443 ONTARIO LTD. ENTITIES EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CANADIAN $100.00) OR THE AMOUNT YOU PAID 1815443 ONTARIO LTD., IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
(f) THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE 1815443 ONTARIO LTD.
(g) ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10.1. These Terms and any action thereto will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.
10.2. You and 1815443 Ontario LTD agree to arbitrate and to resolve any disputes relating to these Terms or to the breach, termination, enforcement, interpretation or the use of the Services of Content (collectively, “Disputes”).
10.3. These Disputes will be settled by binding arbitration, but each party retains the rights of the below: (a) To bring a “Small Claims Action” to court.
(b) To bring an “IP Protection Action” to court, meaning you may seek forms of equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or violation of any intellectual property rights, including but not limited to copyrights, trademarks, trade secrets or patents.
10.4. The federal courts located in the Northern District of Ontario will be the exclusive jurisdiction and venue of any IP Protection Action, and each party waives any objection to this jurisdiction.
10.5. You agree that you and 1815443 Ontario LTD waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding, unless you timely provide 1815443 Ontario LTD with an Arbitration Opt-Out Notice.
10.6. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form or any class or representative proceeding, unless both you 1815443 Ontario LTD otherwise agree in writing.
10.7. This “Dispute Resolution” section will survive any termination of these Terms. However if the above points are unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.
10.8. Arbitration Rules. (a) The arbitration will be administered by the Canadian Arbitration Association (“CAA”), in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“The CAA Rules), then in effect, except as modified by this “Dispute Resolution” section.
(b) The CAA Rules are available at canadianarbitrationassociation.ca or by calling the CAA at 1-800-856-5154). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
10.9. Arbitration Process. (a) You must provide written Demand for Arbitration as specified in the CAA Rules (who also provide a form Demand for Arbitration), if you wish to initiate arbitration.
(b) The CAA will choose the arbitrator from a roster or retired judges or an attorney licensed to practice law.
(c) You have seven days from the delivery of the Demand for Arbitration, for each party to agree upon an arbitrator, after which the CAA will appoint one in accordance with the CAA Rules.
10.10. Arbitration Location and Procedure (a) The arbitration will be conducted in the county where you reside, unless otherwise agreed upon between you and 1815443 Ontario LTD.
(b) Arbitration will solely be conducted on the basis of the documents you and 1815443 Ontario LTD submit, unless your claim exceeds $10,000 and unless you request a hearing or the arbitrator determines a hearing is necessary.
(c) For any claims that exceed $10,000, your right to a hearing will be determined by the CAA Rules.
(d) Subject to the CAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expediated nature of the arbitration.
10.11. Arbitrator’s Decision. (a) The arbitrator will work, and make a decision, within a time frame specified in the CAA Rules, based on the arbitrator’s essential findings and conclusions.
(b) The award of damages by the arbitrator must be consistent with the terms of the “Limitation of Liability” section above, regarding the types and amount of damages.
(c) The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
(d) If you are awarded damages by the arbitrator, you will be entitled to compensation of the attorney’s fees and expenses, to the extent provided under applicable law.
(e) 1815443 Ontario LTD waives all rights it may have under applicable law to recover attorney’s fees and expenses if it prevails in arbitration.
(f) Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
10.12. Fees. (a) The CAA Rules clearly details any CAA filing, administrative or arbitrator fees that are your responsibility to pay.
(b) 1815443 Ontario LTD will pay all such fees if your claim for damages does not exceed $75,000, unless the arbitrator finds that either the substance of your claim, or the relief sought in your Demand for Arbitration was frivolous or improper (as measured by the standards set forth in Federal Rules of Civil Procedure in section 1.15).
10.13. Changes. (a) Notwithstanding the provisions of the “General Terms” section below regarding changes to these Terms, if 1815443 Ontario LTD. changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of 1815443 Ontario LTD.’s email to you notifying you of such change.
(b) By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and 1815443 Ontario LTD. in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
10.14. Your Choices. (a) You can send 1815443 Ontario LTD written notice (such as by email to firstname.lastname@example.org) to notify us if you do not wish to settle Disputes by arbitration as described above.
(b) You must do this within thirty (30) days of the date on which you agreed to these Terms (such notice, an “Arbitration Opt-out Notice”) and consequently agree that all Disputes will be resolved exclusively by a court located in Toronto, Ontario.
(c) If you do not provide 1815443 Ontario LTD. with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for a Small Claims Action and an IP Protection Action as set forth above.
11.1. The failure of 1815443 Ontario LTD. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
11.2. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
11.3. 1815443 Ontario LTD.’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
11.4. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of 1815443 Ontario LTD.
11.5. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
11.6. You must have written consent from 1815443 Ontario LTD before assigning or transferring these Terms, by operation of law or otherwise. If you not get consent, any attempt will be null.
11.7. 1815443 Ontario LTD may freely assign or transfer these Terms without restriction.
11.8. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
11.9. 1815443 Ontario LTD will communicate any notices or changes to these Terms, by email to by posting to the Services. The date of receipt will be deemed the date on which the notice is transmitted, if sent via email.
11.11. We might change these Terms occasionally and this will be done at our sole discretion. We will notify you via the email address associated with your account, or via our Services, if we are making changes. If you access or continue to use our Services after any modifications are made, you agree to be bound by the revised Terms.
11.12. These Services are operated and provided by 1815443 Ontario LTD. If you have any questions about these Terms, please contact us at: email@example.com