TERMS OF SERVICE
Last Updated: September 12, 2022
Please read these Terms of Service (these "Terms of Service") carefully before accessing or using the Website, Services or Content (collectively, referred to as the "Services"). Stamp and Hammer Inc. ("Stamp and Hammer", "we", "us" and "our") provides you with access to, and use of, each of our Services subject to and conditional on your acceptance of these Terms of Service (the term "use" when used herein with respect of each of the Services will mean access or use, and "using" will have a corresponding meaning). By purchasing and/or using the Services, as the case may be, you agree to be bound by these Terms of Service and our Privacy Policy, which may be accessed online at www.stampandhammer.com/privacy-policy (the "Privacy Policy") without limitation or qualification. If you do not agree to be bound by these Terms of Service and/or our Privacy Policy, or are not capable of agreeing to these Terms of Service and/or our Privacy Policy, then you may not use any of the Services or access the Content. These Terms of Service form a legal agreement between: (a) Stamp and Hammer and you individually if you are agreeing to these Terms of Service in your own capacity; and (b) Stamp and Hammer and the entity on whose benefit you act if you are authorized to use the Services on behalf of such entity.
BY USING ANY OF THE SERVICES OR THE CONTENT, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF SERVICE. YOU FURTHER REPRESENT AND WARRANT THAT: (a) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (b) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION ON YOUR OWN BEHALF OR ON BEHALF OF THE ENTITY THAT IS RECEIVING THE BENEFIT OF THE SERVICES, AS APPLICABLE; AND (c) YOU, OR THE ENTITY ON WHOSE BEHALF YOU ARE ACTING, AS APPLICABLE, AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF, AT ANY TIME YOU OR THE ENTITY ON WHOSE BEHALF YOU ARE ACTING, AS APPLICABLE, DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND/OR OUR PRIVACY POLICY, THEN YOUR SOLE RECOURSE AND THE SOLE RECOURSE OF THE ENTITY ON WHOSE BEHALF YOU ARE ACTING, IS TO STOP USING THE SERVICES IMMEDIATELY. NOTWITHSTANDING THE FOREGOING, BY PURCHASING ANY SERVICES, YOU SHALL BE DEEMED TO HAVE TO AGREED TO BE BOUND TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF SERVICE, PLEASE CONTACT US AT INFO@STAMPANDHAMMER.COM
1. DEFINITIONS
Unless the context requires otherwise, capitalized terms in these Terms of Service will have the meanings set out below, and where the context so requires, the singular will include the plural and vice versa (the term "including" when used herein will mean "including without limiting the generality for the foregoing"):
"Affiliate" of any Person means, at the time such determination is made, any other Person Controlling, Controlled by or under common Control with such first Person, in each case, whether directly or indirectly.
"Content" means collectively, all material, content, articles, designs, layout, messages, communications, information, data, images, graphics, pictures, illustrations, artwork, photographs, audio, sounds, music, video, object code, source code, hypertext, mark-up, language, software, names, words, titles, phrases, logos, trademarks, service marks, trade names, and other information contained on, in, as part of, or accessible via, each Services.
"Control" of a corporation or other entity is held by a Person that possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of such corporation or other entity, whether: (a) by contract; (b) by ownership of securities of the corporation or other entity to which are attached more than 50 percent of the votes that may be cast to elect directors or persons acting in a similar capacity of the corporation or other entity are held, other than by way of security only, by or for the benefit of such Person; or (c) otherwise, and "Controlled" and "Controlling" have corresponding meanings.
"Intellectual Property Rights" means: (a) any and all proprietary rights provided under: (i) patent law; (ii) copyright law (including moral rights); (iii) trade-mark law; (iv) design patent or industrial design law; or (v) any other statutory provision or common law principle applicable to these Terms of Service, including trade secret law, which may provide a right in confidential information, ideas, formulae, algorithms, concepts, inventions, processes or know-how generally, or the expression or use of such confidential information, ideas, formulae, algorithms, concepts, inventions, processes or know-how; and (b) any and all applications, registrations, licences, sublicences, agreements or any other evidence of a right in any of the foregoing.
"Licence" has the meaning set out in Section 5.
"Privacy Policy" has the meaning set out at the beginning of these Terms of Service.
"Service" means any service, online application or tool provided or made available to you directly or indirectly by us, in any manner or format whatsoever, whether for purchase or otherwise, including, without limitation the “creative starter package” and/or the “complete permit set” made available via the Website, or any Content contained therein, or any webservice provided by Stamp and Hammer;
"Software" means any computer or mobile device application, program, firmware, routine, code, instruction, script, macro, application programming or other interface, tool, document display definition, object library or software tool, or other instruction or set of instructions for hardware, whether in source code or object code and whether expressed in any or all languages including embedded programs (including, for greater certainty, web browser extensions) and human interfaces, SQL and other query languages, hypertext mark-up language and other computer mark-up languages, and all updates, enhancements and upgrades thereto, provided or made available to you directly or indirectly by Stamp and Hammer.
"Territory" has the meaning set out in Section 4.
"Website" means the website at https://stampandhammer.com/ and all related webpages, in each case including through their generally available interfaces or any derivative or affiliate website, web page(s) or referred website(s) therefrom.
"use" and "using" have the meaning set out at the beginning of these Terms of Service.
"you" and "your" means the individual using of any of our Services, or the entity on whose behalf such individual is using any of our Services, as applicable.
2. ELIGIBILITY
The Services are available only to individuals who are at least 18 years of age and have otherwise achieved the age of majority in the applicable jurisdiction so as to be able to legally agree to these Terms of Service. You agree that we may, in our sole discretion, refuse to offer any Services to any person or entity at any time for any reason whatsoever. This provision is void where prohibited by law and the right to use the Services is revoked in such jurisdictions.
3. PERSONAL INFORMATION PRIVACY
By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Stamp and Hammer, as further explained in the Privacy Policy, which may be accessed online at www.stampandhammer.com/privacy-policy, as revised from time to time, and as otherwise permitted by applicable law.
4. TERRITORY
The Services are usable by any person throughout the world provided they have reached the age of majority within their jurisdiction (the "Territory"). Stamp and Hammer may change or update the Territory at any time by updating these Terms of Service and posting the updated version of these Terms of Service on the internet site, which posting will be deemed to be notice of such change.
5. LICENSE
The Services that have been provided or made available to you directly or indirectly by Stamp and Hammer is licensed to you. Unless otherwise stated in this Section 5 and subject to your compliance at all times with all applicable laws and these Terms of Service, we hereby grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence (the "Licence") to use the Services solely for and in accordance with the purposes applicable to such Services that are set out on the Website applicable to such Services or as otherwise instructed or directed by us. For the avoidance doubt, certain Services are available for purchase to you. Irrespective of whether such Services were purchased or not, at all times you are being granted the License and you have ownership over such Services. Without limiting the foregoing, purchasable Services, including, without limitation, the “creative starter package” and the “complete permit set” are licensed to you for one-time use only. You are not authorized to use such Services to build multiple structures.
You agree that we may revoke the Licence at any time with or without any reason, and the Licence will be automatically revoked with immediate effect upon any breach by you of any term or condition of these Terms of Service.
6. NO ADVICE, YOUR RESPONSIBILITY TO ENSURE COMPLIANCE
The Website, its Content and, more generally, the Services, are for informational and educational purposes only. The Services are not, nor are they intended to be, nor should they be construed or relied upon as being, a comprehensive, detailed or accurate statement concerning the matters addressed therein, and is not professional advise nor does it constitute a recommendation (including structural, architectural, legal, consumer or other professional advice). It is your responsibility to obtain suitable advice and information that meets your particular needs.
If further your responsibility to ensure all applicable licenses, permits, consents, approvals, seals, or anything similar thereto, needed to bring effect to anything planned in connection with the use of our Services is done in compliance with all applicable laws.
Stamp and Hammer makes no representation or warranty as to the accuracy, suitability or fitness for purpose of the Services. In all respects, the Services, whether available for purchase or otherwise, are taken and used on an “as is” basis by you.
7. RESTRICTIONS AND OBLIGATIONS APPLICABLE TO YOUR USE OF THE SERVICES
You agree that you are responsible for all of your activities and the activities of those on whose behalf you have agreed to these Terms of Service, while using any Services.
(1) Restrictions and Obligations Applicable to Your Use of the Services
You will not, and will not permit any third party to: (i) modify, copy, reproduce, publish, share, post, transmit, display or distribute any Services or Content, in whole or in part, or any data or information that is derived from any Services or Content, in whole or in part; (ii) sell, rent, lease, license, sublicense, transfer or attempt to sell, rent, lease, license, sublicense or transfer, any Services or Content, in whole or in part, or any data or information derived from any Services, in whole in part, to any person or entity, or otherwise exploit any Services or Content for any commercial purposes without our express prior written consent; (iii) impersonate any person or entity, including any employee or representative of Stamp and Hammer, its Affiliates, or any third party; (iv) use any Services or any Content, in whole or in part, to create a product or service that competes with or is substantially similar to the Website or the business or any Services of Stamp and Hammer; (v) remove or destroy any copyright notices or other proprietary markings contained in the Services or Content; (vi) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your business, any business plan conceived in connection with our Services, or any statement you make, or present false information about us or any Services; or (vii) use any Services to copy, harvest otherwise collect or store Content, in whole or in part.
You will ensure that the Services are at all times secure from unauthorized access, and you will, at all times, use the Services in compliance with all applicable laws, industry standards and guidelines.
(2) Restrictions and Obligations Applicable to Your Use of the Services, Website and Software
In addition to the restrictions and obligations applicable to your use of the Services described in subsection 7(1) above, you will not, and will not permit any third party to: (i) take any action or upload, post, submit, transmit or otherwise distribute or facilitate the distribution of (or any links to), to or via the Services, Website or Software any data, information or content that: (A) infringes any Intellectual Property Rights or other right of any other person or entity; (B) violates any law or contractual duty; (C) you know is false, misleading, untruthful or inaccurate; (D) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate, in each case as determined by us in our sole discretion; (E) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (spamming); (F) involves commercial activities and/or sales without our prior written consent; or (G) is or contains computer viruses, worms, malicious code or any software intended or designed to damage, alter, limit or interfere with the proper functioning of, a computer, mobile device, telecommunications equipment or other hardware or data, or obtain unauthorized access to any system, data, password or other information of Stamp and Hammer or any third party; (ii) disrupt, disable, overly burden, impair or otherwise interfere with the operation of the Services, Website or the Software or the servers or networks connected to the Services, Website or the Software, or violate the regulations, policies or procedures of such servers and networks; (iii) interfere or attempt to interfere with the functioning of any Services, Website or Software; (iv) bypass any measures in or part of the Service, Website or Software, or otherwise intended by Stamp and Hammer to prevent or restrict use of the Services, Website or Software or accounts, computer systems or networks that connect to the Services, Website or Software; (v) operate any form of auto-responder or spam bot on or via the Services, Website or Software; (vi) modify, translate, adapt, merge or make derivative works of any part of the Services, Content, Website or Software; (vii) disassemble, decompile or reverse engineer the Software, in whole or in part; (viii) frame or utilize framing techniques to enclose any Content on the Website; (ix) create a hyperlink to the Website without our prior written consent; (x) use the Website by any automated means, including scripts, bots and spiders; or (xi) collect, index or attempt to collect or index any Content or aspect of the Website, including by way of any “screen scraping”, “database scraping” or any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).
At all times, you will use the Services, Website and Software in compliance with all applicable laws, instructions from us and these Terms of Service.
8. PROPRIETARY RIGHTS
You hereby acknowledge and agree that Stamp and Hammer expressly reserves and owns all rights, including Intellectual Property Rights, and title to, and interest in, the Services, Website and the Content and all other materials provided or made accessible by Stamp and Hammer hereunder not expressly granted to you. All rights, including Intellectual Property Rights, and title to and interest in, the Services, the Website and the Content and all other materials provided or made accessible by Stamp and Hammer hereunder, and all updates, adaptations, translations, customizations, enhancements or derivative works thereof, will remain with us. You acquire absolutely no rights or licences to any Services or Content other than the limited right to use the Services that has been provided or made available to you directly or indirectly by us, in accordance with these Terms of Service. Logos, trademarks and product and company names mentioned on the Website or in any of our Services may be the logos and trademarks of their respective owners.
9. TELECOMMUNICATIONS SERVICES, LOSS OF SERVICES AND REFUNDS
We have no responsibility for providing you with connectivity to the Internet, wireless access, or any other telecommunications services necessary for you to receive or interact with the Website or Services.
It is your responsibility to make sure your internet, wireless access, other telecommunications services, as well as any computer or similar equipment used to access our Services are in good working order. We take no responsibility for Services that may be lost, damaged, corrupted, or irretrievable.
For more information about our refund policy please follow the following link: [insert link to refund policy].
10. TERMINATION AND SUSPENSION
If you breach any of the provisions of these Terms of Service, we may terminate these Terms of Service, including revoking your Licence to the Services and/or suspending your use of one or more Services. Stamp and Hammer will not have any liability to you arising from, in connection with or related to the termination of these Terms of Service or the suspension of your use of one or more Services in accordance with this Section 10. Stamp and Hammer may also temporarily suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service maintenance or repair, or for any other reasons deemed necessary or desirable by Stamp and Hammer. Upon the termination of these Terms of Service, you will cease all use of the Services and, if applicable, permanently delete all copies of any Products or Content in your possession or control.
11. DISCLAIMERS AND RELEASE OF LIABILITY
THE SERVICES, THE WEBSITE AND THE CONTENT ARE BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STAMP AND HAMMER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY OF THE CONTENT. STAMP AND HAMMER DOES NOT WARRANT THAT THE USE OF ANY SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAMP AND HAMMER MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO ANY SERVICES OR THE CONTENT AT ANY TIME, OR DISCONTINUE PROVIDING ANY SERVICES OR DISPLAYING ANY CONTENT AT ANY TIME WITH OR WITHOUT NOTICE.
WITHOUT LIMITING ANY OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) STAMP AND HAMMER HAS NO OBLIGATION TO STORE ANY FEEDBACK THAT YOU PROVIDE, INCLUDING VIA ANY SERVICES; AND (B) STAMP AND HAMMER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE STAMP AND HAMMER, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, WHETHER KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IN NO EVENT WILL STAMP AND HAMMER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE FROM, ARE RELATED TO OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, ANY SERVICES, INCLUDING ANY CONTENT, EVEN IF STAMP AND HAMMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE MAXIMUM AMOUNT OF LIABILITY THAT STAMP AND HAMMER MAY BE HELD LIABLE AGAINST YOU IS EQUAL TO THE PRICE PAID FOR ANY SERVICES, IF APPLICABLE.
YOU EXPRESSLY HOLD STAMP AND HAMMER HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF ANY SERVICES OR THE CONTENT AND ANY ALLEGED OR ACTUAL VIOLATION BY YOU OF THESE TERMS OF SERVICE.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, STAMP AND HAMMER WILL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, EQUITY OR OTHERWISE TO YOU, INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS OF SERVICE WILL APPLY: (I) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WILL SURVIVE A FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OF SERVICE OR OF ANY REMEDY CONTAINED HEREIN; AND (II) TO STAMP AND HAMMER AND ITS AFFILIATES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHARHEOLDERS, EMPLOYEES AND INDEPENDENT CONTRACTORS.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE CONSTITUTE AN ESSENTIAL ELEMENT OF THESE TERMS OF SERVICE. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT WILL ANY DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS OF STAMP AND HAMMER, OR ANY DISTRIBUTORS, SUPPLIERS, INDEPENDENT CONTRACTORS, CUSTOMERS, PARTNERS OR ORGANIZATIONS THAT WORK WITH STAMP AND HAMMER IN CONNECTION WITH THE SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY AFFILIATES OF STAMP AND HAMMER HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OF SERVICE, THE CONTENT OR ANY SERVICES.
12. DEFENCE AND INDEMNITY
You will defend, indemnify, and hold harmless Stamp and Hammer, its affiliates and each of their respective directors, officers, shareholders, employees, contractors, suppliers, licensors, representatives and agents from all liabilities, costs, fees, claims, and expenses, including reasonable legal fees, that arise from, are based upon or in connection with, or relate to your use of any one or more Services or your breach of these Terms of Service.
13. CHANGES
Stamp and Hammer reserves the right at any time and from time to time to change these Terms of Service and to notify you of such change by posting the updated version of these Terms of Service on the Website. You are responsible for regularly reviewing these Terms of Service, including by checking the date of "Last Update" at the beginning of these Terms of Service. Continued use of any Services or the Content after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Services or Content, in whole or in part, constituting consideration from us to you for so being bound. Your only right with respect to any dissatisfaction with these Terms of Service, any policy or practice of ours in operating Services or providing our Services or the Content, is to stop using our Services and the Content.
14. GENERAL PROVISIONS
(a) Assignment.
Stamp and Hammer may assign this Agreement, in whole or in part, without notice to you or your prior consent. You may not assign this Agreement, in whole or in part, without the prior written consent of Stamp and Hammer, and any such assignment by you without Stamp and Hammer’s prior written consent will be of no effect. Stamp and Hammer may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by its contractors, subcontractors or affiliates.
(b) Notices.
Except as otherwise provided in these Terms of Service, all notices or other communications hereunder from you to us will be deemed to have been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, registered mail, return receipt requested, and addressed to 1135 Stellar Drive, Newmarket, On L3Y 7B8 Canada.
(c) Force Majeure.
Notwithstanding any other provision in these Terms of Service, we will not be in default or breach of these Terms of Service for failure to fulfill our obligations when due to or contributed by causes beyond our reasonable control, including: an act of God such including a fire, flood, earthquake, epidemic, volcanic eruption, adverse weather conditions, storm, hurricane or other natural disaster, a strike, lock-out, labour dispute; war, invasion, act of foreign enemy hostilities (whether war has been declared or not), civil war rebellion revolution insurrection or military or usurped power, terrorism, act of sabotage, civil disturbance, blockade, riot, civil commotion, malicious damage, interruption or failure of electricity, power supply, interruption or failure of the internet or other telecommunication facility, network or means of telecommunication, computer virus, or bug, third party computer infiltration, attack by a hacker, governmental restriction, or any other act or circumstance that materially increases or affects the risk or danger to the health or safety of members of the public.
(d) Entire Agreement.
Unless otherwise agreed to in writing by us: (i) these Terms of Service constitute the entire agreement between you and Stamp and Hammer pertaining to the subject matter hereof; (ii) there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between you and Stamp and Hammer relating to any Services or the Content other than as set out in these Terms of Service; and (iii) these Terms of Service supersede all prior or contemporaneous communications, proposals, undertakings, collateral agreements and agreements, whether electronic, oral or written between you and Stamp and Hammer with respect to the subject matter hereof, and you acknowledge that you have not relied on any of the foregoing in agreeing to these Terms of Service.
(e) No Waiver.
Stamp and Hammer’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right. Any waiver of the terms or conditions herein by us must be in writing and signed by an authorized officer of Stamp and Hammer expressly referencing the applicable provisions of Terms of Service. Waiver of any provision hereof in one instance will not preclude enforcement thereof on future occasions.
(f) Severability.
If any provision of these Terms of Service is determined to be invalid or unenforceable by any court of competent jurisdiction, then: (i) such provision will be, solely to the extent of such invalidity or unenforceability, as applicable, deemed omitted, and the remaining provisions will continue in full force and effect; and (ii) such determination will not affect the legality, validity or enforceability of the remaining provisions of these Terms of Service or the legality, validity or enforceability of such provision in any other jurisdiction.
(g) Third Party Beneficiaries.
Stamp and Hammer’s Affiliates and their respective employees, contractors, directors, officers suppliers and representatives are third party beneficiaries for the purpose of the limitation of liability provisions and your indemnity obligations contained herein.
(h) Survival.
The following provisions in these Terms of Service will survive any termination of these Terms of Service or revocation of your Licence: Section 8 (Proprietary Rights); Section 9 (Telecommunications Services); Section 11 (Disclaimers and Release of Liability); Section 12 (Defence and Indemnity); Section 13 (Changes); this Section 14; and all representations and warranties provided by you as described in these Terms of Service.
(i) Governing Law, Jurisdiction and Venue, and Class Action Waiver.
These Terms of Service will be governed by and construed under the laws of the Province of Ontario, and the federal laws of Canada applicable therein, excluding any body of law governing conflicts of law. We have the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding: (i) amounts owed by you to us in connection with your use of any Services or any portion thereof; or (ii) your violation or threatened violation of these Terms of Service or any part thereof. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in the City of Toronto, in Province of Ontario, for any claims arising from or related to these Terms of Service or any Services or the Content. You agree that, in the event that there is a dispute under these Terms of Service and such dispute is to be resolved in a court of law, such dispute will not be resolved by jury trial, and you hereby: (i) waive all rights to a trial by jury in any matter related to or arising from these Terms of Service; and (ii) agree that such dispute will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. If any part of this Section 14(i) is found to be unenforceable, the remainder of this Section 14(i) will still be given full force and effect.
(j) Headings
The use of headings are for convenience and shall not effect, limit or invalidate the terms contained in these Terms of Service.
(k) Language.
It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English