Black Rider Technologies Corp.'s Terms of Service

This document last modified on Thursday, December 27, 2007

    PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF all of BLACK RIDER TECHNOLOGIES Corp.'s WEB SITES <"WEB SITE">, REMOTE SERVICES AND ON-SITE SERVICE THROUGHOUT THIS AGREEMENT. IT EXEMPTS BLACK RIDER TECHNOLOGIES CORP. AND OTHERS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. BY USING ANY OF THESE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH EACH PROVISION OF THIS AGREEMENT, YOU MAY NOT USE THE <"WEB SITE"> OR SERVICES PROVIDED.

    EACH TIME YOU USE THE <"WEB SITE"> or SERVICE THE TEXT OF THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE <"WEB SITE"> or SERVICE YOU SHOULD CHECK THE EFFECTIVE DATE OF THIS AGREEMENT AND REVIEW ANY CHANGES SINCE THE LAST VERSION.

1. General

1.1 These Terms of Service (The “Agreement” which includes the BLACK RIDER TECHNOLOGIES CORP. Use Policy) is an agreement between you the client (“you”, “your”, or “Subscriber”) and Black Rider Technologies Corp. (hereinafter collectively referred to as “BRT") and governs the use of the <"WEB SITE">, REMOTE SERVICES, AND ON-SITE SERVICE (hereinafter collectively referred to as “SERVICE") and any materials (for purposes of this Agreement, "materials" includes user names, email addresses, passwords, comments, images, graphics, text and data and any other forms of communication, whether posted publicly or with password protection) that you may use in connection with the <"WEB SITE">.

1.2. BLACK RIDER TECHNOLOGIES CORP. may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the <"SERVICE"> from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.

1.3. You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone request for service; (b) your accepting the Terms of Service electronically during registration or in the course of initiating a support session whether online, by telephone or on-site, or (c) your use of the Service. This Agreement is made up of the terms below, plus the Privacy Policy all attachments to this Agreement, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement and related policies are also set forth on the Black Rider Technologies’ website (http://www.blackrider.net).

1.4 The Agreement sets forth the terms and conditions under which you agree to use the Service, and under which Black Rider Technologies agrees to provide the Service to you. You may also receive a paper copy of this Agreement either by telephoning Black Rider Technologies at 613-836-8801 or by writing to us at Black Rider Technologies Corp.

1.5.  We reserve the right to terminate your right to use the <”SERVICE"> if you violate any of these Terms or policies in effect for any portion of the <”SERVICE">. Upon termination of this Agreement, we will remove you from any mailing list except delinquent reminder list. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination.

2. Definition of Service

2.1 For the purpose of the Agreement, the Term <”Web Site”> includes any documents, how to, tips, FAQs or products that may be viewed or downloaded through the <"WEB SITE">).

2.2 For the purpose of the Agreement, the Term “SERVICE” shall mean the BRT service including all technical support, Usenet newsgroups, email and other features, products, and services provided by BRT under the service option that you have selected and the <”Web Site”>. The Service may be referred to as, "Remote Computer Support", "Virtual On-Site Computer Support Service", “Virtual IT”, "On-Site Computer Support Service", "Online Computer Support". As part of the Service, BRT may license to you, or assist you in licensing from third parties, software (see Section 6 below).

3. AUTHORIZED USER, USE, AND RESPONSIBILITIES

3.1 You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You understand that BRT relies on the information you supply and that providing false or incorrect information may result in Service withholding or delays or the suspension or termination of your customer account. You agree to promptly notify BRT whenever you’re personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).

3.2 You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission.

3.3 If you select a service plan, not including subscription plans, that includes a pre-determined allocation of Services (for example, pre-purchasing 5 hours of Remote Computer Support Service), unused allotment of Services will remain in your customer account until one year from last purchase of same service. If you select a subscription service plan that includes a pre-determined allocation of Services (for example, purchasing a $39.95 per month Individual Subscription Plan), minutes will accumulate on a monthly basis and roll-over from month to month if unused, but will expire at the end of the 12 month subscription period. You may use your account for up to four log-on sessions per appointment at any time. You may use more than one IP address for each log-on session.

3.4 If you pre-purchase or subscribe to any BRT Services: You may not resell the Service, use it for high volume purposes, or engage in other similar activities, or use it as a virtual support center, as determined solely by BRT.

3.5 If you purchase a subscription service plan ("HelpLine") for one computer, you may only use the Service in connection with the computer listed in your service plan, unless you upgrade your service plan contract to include an additional computer or device. You hereby acknowledge and agree that a HelpLine service contract covers only the software, hardware and peripherals specifically listed in the Product Description. The Product Description is not an exhaustive list, and BRT may modify it any time. BRT reserves the right to charge an additional fee to perform Services that you request that are not covered by the HelpLine, or to refuse to perform such service. As part of the HelpLine, BRT may require you to install certain software to assist BRT in the provision of the Services. BRT reserves the right to terminate this Agreement if you (i) do not agree to install the software on your PC; or (ii) alter, modify, remove or disable the software, or its settings or configurations.

4. PRIVACY POLICY

4.1 Your privacy is important to BRT. BRT will treat your personal information in accordance with its current Privacy Policy, subject to change from time to time. You agree to the terms of the Privacy Policy, which describes BRT’s use and disclosure of information about you, your account and your use of the Service.

5 AVAILABILITY OF SERVICE

5.1 The Service you select may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be able to receive the Service even if initial testing showed that your connection was qualified or your computer environment was suitable. For Remote Computer Support, we will qualify your Internet connection for the minimum line rate (speed) available for support based on our standard line qualification procedures. The HelpLine requires Internet access; it is your responsibility to ensure that you have adequate connectivity to the Internet. All Services are provided on an AS IS basis. Line rate, access and availability of Service are not guaranteed.
5.2 BRT or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
5.3 If you subscribe to a HelpLine, BRT will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time. However, you hereby acknowledge that circumstances outside of BRT control (e.g., a large scale outbreak of a new computer virus) may cause significant delays in BRT’s ability to schedule a service session. You hereby release BRT from any and all liability, and agree that BRT shall not be liable to you or any third party for any direct or indirect damages, resulting from such delays.

6. SOFTWARE LICENSES AND THIRD PARTY SERVICES

6.1 We may make software, products and services from BRT and/or third-party companies available to you. We are not responsible for and do not offer any warranty regarding the quality, accuracy, timeliness, reliability or any other aspects of software, products or services from third party companies. You release us from any damages that you incur, and agree not to assert any claims against us arising from your use of software, products or services from third party companies.

6.2 Any software provided maybe accompanied by an End User License agreement from BRT or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

6.3 Third Party Software: As part of the Services, BRT may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether BRT assists you in the acquisition, installation, and/or use of Third Party Software. BRT has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

6.4 We provide technical assistance and support for the Software and the BRT Software in accordance with our policies. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

6.5 Your license to use the Software and the BRT Software shall remain in full force and effect unless and until terminated by BRT, its third party licensors, providers or suppliers, or until your customer account is terminated. Upon termination of your customer account for any reason, you must cease all use of the BRT Software and immediately delete the software from your computer.

6.6 Other Third Party Agreements: As part of the Services, BRT may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. Violation of such third party provider's terms of service may, in BRT’s sole discretion, result in the termination of your customer account and use of service.

6.7 You Agree that you have read all licenses and authorized BRT to accept said licenses on your behalf for any software you have requested BRT to install on your computer.

7. TERM AND TERMINATION

7.1 Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph, until terminated by either party as permitted by this Agreement. Billing for your remote, on-site, drop-off or telephone computer support service will apply on an 'as used' basis.

7.2 Termination of Service

7.2.1 BRT or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your BRT account or your authorization to use the <"Web Site">; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address or domain name; (iii) remove from the <"Web Site"> and permanently delete and destroy any materials that you or others may have posted or submitted; (iv) restrict access to a your account and the materials posted or submitted to the <"Web Site">; and (v) bar you from any future use of the <"Web Site">; all without any prior notice or any liability to you or any other person.

7.2.2 If this Agreement is terminated by you or by BRT for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the <”SERVICE">; (b) BRT may immediately remove from the <”SERVICE"> and permanently delete and destroy any materials that you or others may have posted or submitted to the <”SERVICE"> without any prior notice or any liability to you or any other person; and (c) the fees and charges previously paid by you for unused services will not be refunded.

7.2.3 Termination and/or Suspension by BRT. If, in the sole discretion of BRT: (a) you are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, BRT’s network, or the use and enjoyment of other users; (c) BRT receives an order from a court to terminate your Service; (d) if BRT for any reason ceases to offer the Service; (e) if you are no longer a BRT customer, or (f.) BRT determines that you are abusing the Service or using the Service excessively then, BRT at its sole election may terminate or suspend your Service immediately without notice.

7.2.4 Pay-as-you-go or Subscription Service. If you are a pay-as-you-go or subscription service customer, either you or BRT may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. Activation or set-up fees paid at the initiation of your service, if any, are not refundable. Termination by BRT shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by BRT, for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You understand and agree that any software that you acquire and install as part of the HelpLine may cease to operate, update or function properly after termination of the HelpLine.

7.2.5 Terminated Account. BRT, in its sole discretion, may refuse to accept your request for service, renewal or re-subscription following a termination or suspension of your use of the Service.

8 PRICING AND PAYMENT

8.1 BRT fees and charges for services selected by you are supplied to you during the ordering process and are available on BRT’s Web Site under the Services option unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan, as well as any, applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. Monthly recurring charges (subscription plans) will be billed one month in advance; usage charges will be billed in arrears, and pre-purchase plans will be billed in advance, if applicable. BRT or its agent will bill you directly at the email we have on file. BRT does not accept debit cards or eChecks for payment of any charges or fees.

8.2 Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time if you fail to make payment when due.

8.3 Late Fees. If any portion of your bill is not paid by the due date, BRT may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be two percent (2%) per month (26.82% annually). In the event BRT utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.

8.4 Local telephone, Toll and Long Distance Charges. Whether you are accessing the Service from your home or away from your home, you are responsible for all telephone charges.

8.5 You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with any requirements of the changed Service.

8.6 Missed Appointments. If you do not contact BRT a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you will be charged, at BRT’s option, a missed appointment fee according to the following schedule: Physical On-Site Computer Support: $45, Remote Computer Support: $25. For services costing less then these fees the service will be deemed forfeit and no refund given.

8.7 Unable to Create Online Connection. BRT will not charge you if BRT cannot connect with your computer in attempt to provide remote computer support service.

8.8 BRT reserves the right to charge service fees to a customer's credit card up to eight (8) weeks after the conclusion of service.

8.9 Service without Resolution. BRT will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer or network problem. If BRT is unable to resolve your computer problem, you will still be liable for charges for time spent by BRT in an attempt to correct a problem.

8.10 The waiver of any fees or charges lies solely at the discretion of BRT.

9. LIMITATIONS ON THE USE OF THE SERVICE

9.1 You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.

9.2 You agree that the Internet is not owned, operated or managed by, or in any way affiliated with BRT and BRT is not responsible and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Service. You further agree that BRT does not own or control all of the various facilities and communications lines through which service may be provided, nor does BRT guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by BRT.

9.3 You agree that BRT cannot and does not guarantee or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.

9.4 You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. BRT is not responsible for invalid destinations, transmission errors, or corruption or security of your data.

9.5 You are not authorized to use any BRT name or mark (including 'Black Rider Technologies Corp.') as a hypertext link to any BRT Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of BRT. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply BRT's approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content. BRT Affiliates may use the BRT name and link to the BRT web site solely in accordance with the terms and conditions of the BRT Affiliate Program.

10 DISCLAIMER

10.1 your use of the BRT services is at your own risk. You should keep your own backup copies of all materials you may use, or allow others to use, in connection with the BRT services, including materials posted or submitted to the BRT services.

10.2 the <”SERVICE"> are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by BRT and its affiliates and providers to the fullest extent permitted by law. BRT and its service providers are not liable to you or any other person for any loss or damage incurred by you or anyone else arising from or related to any misprints or errors on the <”service">, including the unavailability of any product or service you order, any delay in the availability of products or services, or any changes in the price of products or services

10.3 Without limiting the generality of the foregoing, BRT and its service providers make no representation, warranty or condition that: The <“SERVICE"> will meet your requirements or will be compatible with your computer and related equipment, photographic equipment and software; The <“SERVICE"> will be available or will function without interruption or will be free of errors or that any errors will be corrected; The information obtained through the <“SERVICE">, or any results that may be obtained through the use of the <“SERVICE"> or the information will be accurate, complete, reliable, timely, or authentic; The quality of any goods, Services’, information or other materials purchased or obtained through the <“SERVICE"> will meet your expectations; The use of the <“SERVICE">, including the browsing and downloading of any materials from the <“SERVICE">, will be free of viruses, Trojan horses, worms or other destructive or disruptive components or bugs; The use of the <“SERVICE">, including the downloading and reproduction of materials posted or submitted to the <“SERVICE">, will not infringe the intellectual property or other rights of any person; The materials you may use or allow others to use in connection with the <“SERVICE">, including materials posted or submitted to the <“SERVICE">, will not be misused by any other person.

11 LIABILITY EXCLUSION, LIMITATION AND INDEMNITY

11.1 BRT and its affiliates and providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, arising from, connected with, or relating to the use of the BRT services by you or any other person, regardless of any wrong doing by BRT or any affiliate or provider, and notwithstanding that BRT or any affiliate or provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.

11.2 You agree that any damage to or loss resulting from information or services provided by us (or by our suppliers or fulfillers), even through negligence or other fault, will only entitle you to a refund or credit, at our option, of the purchase price of the service. You must submit a claim for refund or credit within thirty (30) days of the damage or loss. Except for such refund or credit, our acceptance of the picture, and the products and/or services provided to you by us (or by our suppliers or fulfillers), are without any warranty or liability of any kind, whether express, implied, statutory or otherwise

11.3 Without limiting the foregoing, in no event will BRT or any of its affiliates and providers' total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages losses, and costs arising from, connected with, or relating to the use of the BRT services by you or any other person, regardless of any wrongdoing by BRT or any affiliate or provider, exceed $100 (CDN) or the amount you paid to BRT for the use of the BRT services, whichever is less.

11.4 You agree to indemnify, defend and hold BRT and its service providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the "indemnified parties") harmless from and against any and all liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the <”SERVICE">. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defense of any such claim or demand.

11.5 The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

11.6 The disclaimers, liability exclusions, liability limitations, release, and indemnity provisions in this Agreement survive the termination of this Agreement.

11.7 You agree that all service provide BRT may have additional tariff or applicable taxes by your local Municipality, State, Province, or country and agree to pay any such tariff or tax at your expense in whole.

12 RELEASE

12.1 YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE BRT AND ITS SERVICE PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE <THE "WEB SITE">.

13. NOTICES

13.1 Notices required under this Agreement by you shall be provided to the BRT Customer Service Department. Notices by BRT to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the Canadian mail addressed to your last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.

13.2 With regard to electronic communications, you and BRT further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.

14 MISCELLANEOUS

14.1 All user names and passwords remain the property of BRT, and may be cancelled or suspended at any time by BRT without any prior notice or any liability to you or any other person. BRT is not under any obligation to verify the actual identity or authority of the user of any user name or password. If BRT, in its sole discretion, considers a password to be insecure, then BRT may cancel the password.

14.2 You must respond promptly to all email and other correspondence from BRT, including without limitation email and correspondence concerning complaints or concerns regarding your use of the <”SERVICE"> and the use of your account. THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.

14.3 We will protect and use information provided by you as set forth in the Privacy Policy posted on the BRT's Web Site. The personal information BRT maintains about you is separate from the information you provided to any third party through links from this Web Site. To change that information, please contact the third party.

14.4 BRT endeavors to provide current and accurate information on the <”SERVICE">. Nevertheless, misprints or other errors may occur. Accordingly, BRT reserves the right to change the prices, fees and charges associated with the <”SERVICE"> and the goods and services available through the <”SERVICE"> at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, BRT cannot guarantee that goods or services advertised on the <”Web Site"> will be available when ordered or thereafter. BRT also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, BRT will provide you with an opportunity to cancel your order. If you order goods or services that are not available, BRT will notify you by email. BRT reserves the right to limit quantities licensed or sold.

14.5 All of the information, content, software, trademarks and materials appearing, contained or offered on or through our BRT's <”SERVICE"> are protected by trademark, copyright and other applicable laws. You may not use, copy, distribute or reproduce such information, content, software, trademarks or materials without our prior written consent.

14.6 The advertisements on this Web Site are invitations for purchase orders, and are not offers to sell. You’re properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when BRT sends an order acceptance notice email to their email address titled, "ORDER CONFIRMATION" with the subject line, "Thank you for your order (Order #)". You may not cancel an order after BRT has sent an order acceptance notice email to you. If you wish to cancel an order that has not yet been accepted, you may request a cancellation through our English phone line. Because BRT strives to fill your orders as quickly as possible after it has been accepted, BRT may not receive and process your cancellation request before it accepts and processes your order, in which case Customers’ cancellation request may not be effective. In this case, contact us.

14.7. From time to time BRT may offer special promotions, coupons, or discounts on products or services purchased through the BRT. All such promotions and discounts are subject to specific terms and conditions. BRT may also make contests available to users of the BRT Services. All contests are governed by this Agreement and the specific applicable Contest Rules. By participating in a contest through the BRT Services you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.

14.8 This Agreement and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada. Any dispute between BRT and you or any other person arising from, connected with or relating to the BRT Services, this Agreement, any transaction conducted through the BRT Services or any related matters ("Disputes") must be resolved before the Courts of Ontario, and you hereby irrevocably submit and attorney to the original and exclusive jurisdiction of those Courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Ottawa, Ontario within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.

14.9. The provisions of this Agreement will ensure to the benefit of and be binding upon each of BRT and its Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent). You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of BRT, which may be withheld in BRT's sole discretion. BRT may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

14.10 BRT’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.

14.11 If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

14.12 You and any persons you represent (on the one hand) and BRT and its Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the BRT Services.

14.13 The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigés en anglais.

14.14 Any rights not expressly granted by this Agreement are reserved to BRT.

14.15 This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and BRT with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

14.16 This Agreement is subject to change without notice