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TERMS OF SERVICE FOR GLOBEINVESTORGOLD.COM SERVICES AND WEBSITE

Last updated on November 30, 2012.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ENTERING INTO AN AGREEMENT FOR A FREE TRIAL OR A PAID SUBSCRIPTION FOR A GLOBEINVESTORGOLD.COM SERVICE (YOUR "SUBSCRIPTION AGREEMENT"), OR BY USING THE GLOBEINVESTORGOLD.COM WEBSITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMERS SET OUT IN YOUR SUBSCRIPTION AGREEMENT OR THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND SUCH OTHER ADDITIONAL OR ALTERNATIVE TERMS AND CONDITIONS, RULES AND POLICIES WHICH ARE DISPLAYED OR TO WHICH YOU MAY BE DIRECTED IN CONNECTION WITH USE OF THE GLOBEINVESTORGOLD.COM WEBSITE OR SERVICE OR SUBSCRIPTION AGREEMENT.

  1. ACCEPTANCE: The GlobeinvestorGOLD.com website (the "Site"), and the products, services, information and other content offered through the Site (collectively the "Services"), are made available by The Globe and Mail Inc. ("THE GLOBE AND MAIL INC"), conditional on your acceptance of the terms, conditions and disclaimers set out in your Subscription Agreement or these Terms of Service.

    By entering into your Subscription Agreement, or by using the Site and Services, you confirm to THE GLOBE AND MAIL INC that you (a) are of the age of majority or older in the jurisdiction in which you reside; and (b) agree to be bound by these Terms of Service. If you do not agree to abide by these Terms of Service, do not use the Site and immediately terminate your subscription pursuant to these Terms of Service.

  2. TRIAL SUBSCRIPTION: Access to the Site and to certain Services may be made available to you on a time-limited free trial basis (a "Trial Subscription"). Please note that all of these Terms of Service (other than Payment Terms set out below) apply to a Trial Subscription. By subscribing for a Trial Subscription, you: (a) acknowledge that only one Trial Subscription per person is permitted and you agree not to subscribe for additional Trial Subscriptions; (b) acknowledge that the Trial Subscription is intended to permit you to assess the Site and Services for consideration of a subscription to the Site and Services (a "Subscription Plan"), and accordingly, notwithstanding anything to the contrary in our Privacy Policy, you hereby acknowledge and agree that THE GLOBE AND MAIL INC and/or its affiliates or licensors will send you, both during the Trial Subscription period and thereafter, e-mail communications pertaining to the Site and Services and related offers which THE GLOBE AND MAIL INC and/or its affiliates or licensors believes may be of interest to you and you hereby consent to receiving such e-mail communications. You can at any time choose to unsubscribe to such e-mail communications by following the unsubscribe directions posted at the bottom of the e-mail; (c) agree to pay all fees, including applicable taxes, incurred in connection with your use of any fee-based Services you choose to use during your Trial Subscription, such as any Exchange fees associated with Real Time Quotes; and (d) acknowledge that if the Trial is not cancelled within the Trial Subscription period, the Subscription Plan selected will begin at the end of the Trial Subscription period and the credit card you provided will automatically be billed based on the Subscription Plan selected.

  3. SUBSCRIPTION: A subscription to the Site and Services is billed on monthly or on other periodic payment terms. The Subscription Plan you have chosen will be billed automatically for similar payment periods unless terminated by THE GLOBE AND MAIL INC or until you terminate your subscription in accordance with the terms set out below.

  4. ACCOUNT AND PASSWORD: During the subscription process, you will have to choose a user name ("User Name") and associated password ("Password"). Your User Name and Password are required in order to access or use the Site and Services. Upon completion of the subscription process, you will be assigned an account (an "Account") based on the information provided in your online subscription form. You represent and warrant that the information you provide during the subscription process is complete, true and accurate. You are responsible for maintaining the confidentiality of your Account information and Password. You will be responsible for all uses, including transactions effected through your Account, whether or not authorized by you. You agree to immediately notify THE GLOBE AND MAIL INC of any unauthorized use of your Account or Password. THE GLOBE AND MAIL INC reserves the right, to be exercised in its sole discretion, to refuse to grant to you a User Name that impersonates someone else, is protected by intellectual property law or which is vulgar or otherwise offensive. THE GLOBE AND MAIL INC and/or its affiliates and licensors will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

  5. PAYMENT TERMS: The current subscription fees and other charges (collectively the "Charges") applicable to the Site and Services are located at http://gold.globeinvestor.com/public/help/flat/help_pricing.html. The Charges for the specific Subscription Plan you have selected are found in your Subscription Agreement. Unless you qualify for an alternate payment scheme or offer (such as a Trial Subscription or a corporate plan subscription) as identified during the subscription process, the monthly or other periodic Charges applicable to the Subscription Plan you have chosen, together with all applicable taxes will be billed automatically to the credit card you designated during the subscription process or subsequently designated to THE GLOBE AND MAIL INC (the "Account Credit Card"). You warrant that you are the cardholder of the Account Credit Card and the relevant information required for processing charges is valid at all times. You must notify THE GLOBE AND MAIL INC of any change of address or other relevant information in a timely fashion by accessing the relevant My Membership update section. If the Account Credit Card expires, you must notify THE GLOBE AND MAIL INC of the new expiration date before the previous expiration date has passed. THE GLOBE AND MAIL INC reserves the right to levy an administration fee for any credit card transaction that fails. If you want to designate a different credit card or if there is a change to the existing Account Credit Card, please advise us by accessing the relevant My Membership update section. Except as provided in your Subscription Agreement or these Terms of Service, the Charges will be processed and the Account Credit Card will be charged on the first day of your Subscription Plan, and on the first day of each subsequent payment period, unless you terminate your subscription in accordance with these Terms of Service before the relevant period begins. The Charge for the applicable payment period will be equal to the Charge for the previous period, unless THE GLOBE AND MAIL INC has otherwise notified you in accordance with these Terms of Service of any increase in such Charge, which revised Charge will apply, unless you choose to terminate your Subscription Agreement. Please note that certain Charges, including one-time or use-specific charges for additional Services, will be billed to the Account Credit Card when incurred.

    You agree to pay all Charges incurred in connection with your use of the Site or use of any Services through your Account, including any applicable taxes, at the rates in effect when the Charges were incurred. Except as provided herein, all Charges are non-refundable.

    Please note that Charges do not include any other applicable fees or charges incurred to access, or to receive alerts or other information from the Site or any of the Services, through an Internet, wireless or other third party service provider.

  6. THE GLOBE AND MAIL INC TERMINATION: THE GLOBE AND MAIL INC reserves the right to suspend or terminate your Account and your access to the Site and Services at any time for convenience, or for any other reasons, including without limitation, if: (a) the Account Credit Card is invalid for any reason; (b) you provide THE GLOBE AND MAIL INC false or misleading information; (c) THE GLOBE AND MAIL INC does not receive payment; or (d) THE GLOBE AND MAIL INC has determined, in its sole discretion, that the use of the Site or Services by your Account is, or was in breach of these Terms of Service or you are using the Services for unlawful or improper use. Any such termination by THE GLOBE AND MAIL INC will be in addition to and without prejudice to such rights and remedies as may be available to THE GLOBE AND MAIL INC, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions will survive termination or expiry of your Account and your Subscription Agreement.

  7. SUBSCRIBER TERMINATION: You may terminate your subscription at any time by accessing the "Cancel Service" link within the My Membership section of the Site. All terminations will be effective at the end of the monthly period in which such termination was effected. THE GLOBE AND MAIL INC will not, under any circumstances, provide any refund in connection with the termination of any Subscription Plans with a duration of one month or less. With respect to the termination of Subscription Plans which are longer than one month, THE GLOBE AND MAIL INC will provide a refund (in the form of a credit against the Account Credit Card) in an amount equal to: (i) the amount charged against the Account Credit Card and received by THE GLOBE AND MAIL INC for the applicable Subscription Plan, less (ii) the regular amount that would have been payable if calculated on a monthly basis for the applicable subscription period up to the end of the monthly period in which termination is effective.

  8. PRIVACY POLICY: For information on how user information is collected, used and disclosed by THE GLOBE AND MAIL INC in connection with your use of the Site and the Services, please consult our Privacy Policy.

  9. EXCHANGE SUBSCRIBER AGREEMENTS: Certain of the Services and information (including but not limited to Real Time Quotes) are provided to you subject to certain stock exchange subscriber agreements (the "Exchange Subscriber Agreements"). Copies of these Exchange Subscriber Agreements will be presented to you for acceptance during your subscription for the applicable Services. You acknowledge that, notwithstanding anything to the contrary in the Privacy Policy, THE GLOBE AND MAIL INC and/or its affiliates and licensors expressly reserves the right to collect and maintain information submitted by you to THE GLOBE AND MAIL INC during the subscription process for a period of at least three (3) years from the date of subscription and may disclose any such information to the applicable Exchanges, as required by the corresponding Exchange Subscriber Agreements.

  10. DISCLAIMERS: The material, software, information, data and other content available through the Site or the Services (collectively the "Content") is provided by multiple data suppliers without verification by THE GLOBE AND MAIL INC. You acknowledge the inherent hazards of electronic distribution, and you are aware that there may be delays, omissions or inaccuracies in the Content including, without limitation, the communication of any Content to you by way of short message service ("SMS"), e-mail or otherwise. Accordingly, YOU AGREE THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF, AND RELIANCE ON, THE SITE, SERVICES AND CONTENT WILL BE AT YOUR SOLE RISK. Without limiting the generality of the foregoing:

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE GLOBE AND MAIL INC, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "THE GLOBE AND MAIL INC GROUP") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GLOBE AND MAIL INC GROUP DOES NOT WARRANT THAT THE SITE, THE SERVICES OR THE CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

    The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by THE GLOBE AND MAIL INC Group through the Site or Services is: (a) for informational purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by THE GLOBE AND MAIL INC Group; and (c) not necessarily reflective of the views or policy of THE GLOBE AND MAIL INC Group, including the publisher, contributors and staff of, and advertisers on, the Site. You acknowledge and agree that any request for information by you is unsolicited and will neither constitute nor be construed as investment advice by THE GLOBE AND MAIL INC Group. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. THE GLOBE AND MAIL INC GROUP DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATIONAL SOURCE.

    You acknowledge that one or more of THE GLOBE AND MAIL INC Group entities may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through the Site. The views and opinions expressed on the Site are not intended to constitute a description of securities bought, sold, or held on behalf of any of THE GLOBE AND MAIL INC Group entities nor an indication by any such entities of any intention to buy, sell, or hold any security.

  11. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE GLOBE AND MAIL INC GROUP (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA, PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SITE, THE SERVICES OR ANY OF THE CONTENT (INCLUDING THE PERFORMANCE, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS SAME), REGARDLESS OF WHETHER THE GLOBE AND MAIL INC GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, DAMAGE OR LOSS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE GLOBE AND MAIL INC GROUP'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO THE GLOBE AND MAIL INC BY YOU FOR THE USE OF THE SITE AND SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH CLAIM.

    CERTAIN SERVICES ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF THE GLOBE AND MAIL INC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE GLOBE AND MAIL INC GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, SERVICES OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS AND ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.

    You acknowledge and agree that the Site and Services may be temporarily unavailable from time to time due to required maintenance or as a result of other disruptions as described above. While THE GLOBE AND MAIL INC makes every reasonable effort to minimize such downtime, THE GLOBE AND MAIL INC cannot guarantee the 100% availability of the Site and Services. Accordingly, if you are dissatisfied with the Site or the Service for any reason, your sole and exclusive remedy is to discontinue use of the Site and terminate the Services in accordance with these Terms of Service.

    You expressly acknowledge that THE GLOBE AND MAIL INC has set the Charges for the Site and Services, entered into your Subscription Agreement or these Terms of Service, and has and will make the Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and THE GLOBE AND MAIL INC Group. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of your Subscription Agreement.

  12. PROPRIETARY RIGHTS:

    1. Copyright. The Content available through the Site including the manner in which it is presented, and the Services are: Copyright 2008 The Globe and Mail Inc. and/or its agents and licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. THE GLOBE AND MAIL INC and/or its licensors grants you a limited non-exclusive, non-transferable license to use, display on your computer or other electronic device used to access the Content and Services, and print the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site or the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

    2. Trademarks. GlobeInvestor, GlobeInvestorGOLD.com, GOLD Tracker, BNN, Report on Business and Globe and Mail and all associated designs and logos are trademarks of The Globe and Mail Inc. Dow Jones® and The Wall Street Journal® are registered trademarks of Dow Jones & Company, Inc., used under license. All other product, brand and company names and logos used or mentioned on the Site or the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the Site or the Services without the express written consent of the owner of the trademark is strictly prohibited. Use of any trademarks in the Content does not imply any endorsement by any third party of the Service, Site, the Content or THE GLOBE AND MAIL INC.

    3. Software. Any software, including calculator software and software related to other tools, as well as any files or images generated by such software, including without limitation code and data accompanying such software (collectively, the "Software"), used or accessible through the Site or Services is the property of THE GLOBE AND MAIL INC or its affiliates or licensors. THE GLOBE AND MAIL INC and/or its affiliates or licensors grants you a limited non-exclusive, non-transferable license to use the Software on your computer or other electronic device used to access the Site and Services solely for your own personal and non-commercial use only and solely for purposes of using the Site or the corresponding Service in accordance with these Terms of Service.

    4. Reservation of Rights. Except as expressly provided herein, nothing herein or on the Site will be construed as conferring any license or rights with respect to any of THE GLOBE AND MAIL INC's or any third party's intellectual property rights (including under any patent, trademark, copyright or trade secret), whether by estoppel, implication, waiver, or otherwise in any portion of the Site, Services or Content. Without limiting the generality of the foregoing, you acknowledge and agree that certain content (including the Content and Software) available through and used to operate the Site and Services is protected by copyright, trademark, patent, or other proprietary rights of THE GLOBE AND MAIL INC, its affiliates and licensors. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any Software, applications or programs available through or used in connection with the Site, Services or Content. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Site or Services. All licenses granted hereunder will automatically terminate upon the termination of your subscription to the Site or the corresponding Service.

  13. LINKS AND THIRD PARTY CONTENT: Certain links on the Site may take you to other websites. THE GLOBE AND MAIL INC provides these links only as a convenience and not as an endorsement by THE GLOBE AND MAIL INC. These linked sites are not necessarily under the control of THE GLOBE AND MAIL INC. If you use these sites, you do so at your own risk, and you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. THE GLOBE AND MAIL INC is not responsible for the content of any such linked page or any other page not under its control. THE GLOBE AND MAIL INC and/or its affiliates and licensors make no representation or warranty regarding, and do not endorse, any linked websites or the information, products or services appearing thereon. Further, the Site may contain materials, data or information provided, posted or offered by third parties, including content provided by other users of the Site ("Third Party Content"). You agree that THE GLOBE AND MAIL INC and/or its affiliates and licensors will have no liability whatsoever for any such Third Party Content.

  14. COMPUTER VIRUSES: While THE GLOBE AND MAIL INC and/or its affiliates and licensors make every reasonable effort to ensure that the Content and Services made available on the Site do not contain computer viruses and other destructive elements, you acknowledge and agree that, prior to your use of any of the Content or Services, it is solely your responsibility to (a) take all protective measures to guard against viruses and other destructive elements (including the use of industry standard and updated virus scanning tools); and (b) ensure that you have a complete, current and secure back-up of the applicable items of information and software on your computer or other electronic device used to access the Site and Services.

  15. INDEMNITY: You agree to defend, indemnify and hold harmless each of THE GLOBE AND MAIL INC, its affiliates, licensors, co-branders and other partners, and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (a) your breach of any of these Terms of Service; (b) your access to or use of the Site, Services or Content; (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site; or (d) your violation of any law or regulation.

  16. AMENDMENTS: THE GLOBE AND MAIL INC may at any time and from time to time amend or modify your Subscription Agreement or Terms of Service, including any Charges, features or other aspects, upon notice to you. Notification may be provided using one or more of the following methods: (i) letter mailed to your billing address; (ii) bill message or insert; (iii) e-mail to one or more of your e-mail accounts provided to THE GLOBE AND MAIL INC; (iv) posting on GlobeInvestorGOLD.com; (v) newspaper ad; or (vi) speaking to you or leaving a message for you. The proposed amendments or modifications will be effective on the date specified in the notice. If you do not agree to any such amendments or modifications of your Subscription Agreement or these Terms of Service, and/or any Charges, fees, features or other aspects of the Services, your sole remedy is to immediately stop using the Services and to terminate your Subscription Agreement in accordance with these Terms of Service and Subscription Agreement. You can review the most current version of these Terms of Service at www.GlobeInvestorGOLD.com or by requesting a copy from Manager, Purchasing & Office Services, 444 Front St. W., Toronto, ON, Canada M5V 2S9.

  17. PROHIBITED USES: You agree that you are responsible for all use of your Account. You agree to comply with all applicable laws with respect to your use of the Services and Content. THE GLOBE AND MAIL INC may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Use of the Site or any of the Services (including any real-time exchange data services) on multiple devices (e.g. your home and work computer) simultaneously with a single subscription is strictly prohibited. Use of the Site or any of the Services for any commercial purposes whatsoever, including professional purposes, is strictly prohibited.

  18. LAW AND JURISDICTION: The Site is controlled, operated and administered by THE GLOBE AND MAIL INC from its offices within Canada. THE GLOBE AND MAIL INC makes no representation or warranty that Site, Services or Content are appropriate or available for use at any locations outside Canada. If you access the Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Site in violation of applicable export laws and regulations. These Terms of Service will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to Section 19 (Arbitration and Actions) below, each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.

  19. ARBITRATION AND ACTIONS: Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to your Subscription Agreement or these Terms of Service, your use of the Site or Services or the relationship which results from your Subscription Agreement, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Service which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against THE GLOBE AND MAIL INC Group. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

  20. SUBMISSION OF IDEAS OR SUGGESTIONS: THE GLOBE AND MAIL INC is always improving its Site and Services and developing new features. If you have ideas or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms of Service. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR SUGGESTION OR RELATED MATERIAL TO THE GLOBE AND MAIL INC AND/OR ITS AFFILIATES OR LICENSORS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL TO THE GLOBE AND MAIL INC AND/OR ITS AFFILIATES OR LICENSORS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO THE GLOBE AND MAIL INC AND/OR ITS AFFILIATES OR LICENSORS THAT THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND THAT THE GLOBE AND MAIL INC AND/OR ITS AFFILIATES OR LICENSORS IS FREE TO IMPLEMENT THE IDEA OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY THE GLOBE AND MAIL INC AND/OR ITS AFFILIATES OR LICENSORS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

  21. GENERAL: Your Subscription Agreement and these Terms of Service are personal to you, and you may not assign your rights or obligations to anyone. Your Subscription Agreement and these Terms of Service constitute the entire agreement between THE GLOBE AND MAIL INC and you pertaining to your use of the Site, Services and Content and supercede any prior agreements between you and THE GLOBE AND MAIL INC with respect to the subject matter hereof. THE GLOBE AND MAIL INC's failure to insist upon or enforce strict performance of any right or provision of these Terms of Service will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in your Subscription Agreement or these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein. Except where prohibited by applicable law, any cause of action you may have with respect to your use of the Site or which is the subject of your Subscription Agreement or these Terms of Service must be commenced within one (1) year after the claim or cause of action arises. No changes to these Terms of Service will be made except as expressly contemplated herein. The parties have required that these 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.

 
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