Updated: January 27, 2020
At Linax Technologies Ltd. (“Linax”), we are committed to providing our customers and users with exceptional service. As providing this service involves the collection, use and disclosure of some personal information about our customers and users, protecting their personal information is one of our highest priorities.
Our use of the personal information we collect from our customers and users is subject to the British Columbia Personal Information Protection Act (“PIPA”) and/or the federal Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”). PIPA and PIPEDA (as applicable) set out the ground rules for how British Columbia businesses and not-for-profit organizations may collect, use and disclose personal information.
In accordance with PIPA and PIPEDA (as applicable), we will inform our customers and users of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
Scope of this Policy
Personal Information –means information about an identifiable individual, which may include such information as name, age, gender, home address and phone number, e-mail address and credit card information. Personal information does not include contact information (described below).
Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or by PIPA or PIPEDA (as applicable).
Privacy Officer – means the individual designated responsibility for ensuring that Linax complies with this policy and with PIPA and PIPEDA (as applicable).
1.1 Unless the purposes for collecting personal information are obvious and the customer or user voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
1.2 We will only collect personal information of customers and users that is necessary to fulfill the following purposes:
* To verify identity;
* To verify that the customer or user meets our minimum age requirements;
* To verify credit or credit card information;
* To identify customer and user preferences;
* To understand the needs of our customers and users with respect to our products and services and enhance their experience using our products and services;
* To open and manage a user account and/or personal profile (where applicable);
* To deliver requested products and services;
* To deliver notices, updates, alerts and other information concerning our products and services that may be of interest to our customers and users;
* To ensure a high standard of service to our customers and users;
* To collect and process payments;
* To meet regulatory requirements; and
* To enable related entities and third party service providers to deliver requested products, services and/or information and to accomplish the purposes described in Policy 1.
1.3 We may also collect information related to your use of our services, where applicable, such as:
* Device-specific information (e.g. hardware model, operating system information, unique device identifiers and mobile network information, including phone number) which we may associate with your Linax account;
* Log information (e.g. details of how you use our service, internet protocol address, system and device event information such as crashes, system activity, hardware settings, browser type, browser language and the date and time of use of our service, and cookies that may uniquely identify your browser or your Linax account)
1.4 About Cookies - We may collect and store information related to your use of our services by sending one or more cookies or anonymous identifiers to your device.
2.1 We will obtain the consent of our customers and users to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).
2.2 Consent can be provided orally, in writing, electronically and/or through an authorized representative or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the customer or user voluntarily provides personal information for that purpose. When you establish a user account or purchase products or services from us, you consent to the collection of your personal information for the purposes described in Policy 1.
2.3 Consent may also be implied where a customer or user is given notice and a reasonable opportunity to opt-out of his or her personal information being used for direct marketing of our services or products and the customer or user does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), customers and users can withhold or withdraw their consent for Linax to use their personal information in certain ways. A customer’s or user’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the customer or user in making the decision.
2.5 We may collect, use or disclose personal information without the customer’s or user’s knowledge or consent in the following limited circumstances:
* When the collection, use or disclosure of personal information is permitted or required by law;
* In an emergency that threatens an individual's life, health, or personal security;
* When the personal information is available from a public source (e.g., a telephone directory);
* When we require legal advice from a lawyer;
* For the purposes of collecting a debt;
* To protect ourselves from fraud;
* To investigate an anticipated breach of an agreement or a contravention of law; or
* For other purposes authorized under PIPA or PIPEDA (as applicable).
3.1 We will only use or disclose customer or user personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
* To conduct customer and user surveys in order to enhance the provision of our services;
* To contact our customers and users directly about products and services that may be of interest to them; and
* To enable related entities and third party service providers to deliver requested products, services and/or information.
3.2 We will not use or disclose customer or user personal information for any additional purpose unless we obtain consent to do so.
3.3 We will not sell, lease or rent customer or user lists or personal information to other parties.
4.1 If we use customer or user personal information to make a decision that directly affects the customer or user, we will retain that personal information for at least one year so that the customer or user has a reasonable opportunity to request access to it.
4.2 Subject to policy 4.1, we will retain customer and user personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
5.1 We will make reasonable efforts to ensure that customer and user personal information is accurate and complete where it may be used to make a decision about the customer or user or disclosed to another organization.
5.2 Customers and users may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought. A request to correct personal information should be forwarded to the Privacy Officer identified below.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year. If the correction is not made, we will note the customer’ or user’s correction request in the file.
5.4 In addition to the foregoing, customers and users that are European residents have the right to access personal information we hold about them and to ask that their personal information be corrected, updated or deleted. To exercise this right, please contact us through the Privacy Officer contact information set out below.
6.1 We are committed to ensuring the security of customer and user personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 The following security measures will be followed to ensure that customer and user personal information is appropriately protected:
* Physically securing offices where personal information is held;
* The use of user IDs and passwords (where applicable);
* The use firewalls for stored personal information;
* Restricting employee access to personal information as appropriate (i.e., only those that need to know will have access and such access will require a password); and
* Contractually requiring any service providers to provide comparable security measures.
6.3 We will use appropriate security measures when destroying customer’s and user’s personal information such as shredding documents and deleting electronically stored information.
6.4 We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
6.5 for customers and users who are European residents, we note that we are processing your personal information in order to fulfill contracts we might have with you (for example, an order you may place through our website), or otherwise to pursue our legitimate business interests listed in Policy 1. additionally, please note that your personal information may be transferred outside of Europe, including to Canada and the United States.
7.1 Customers and users have a right to access their personal information, subject to limited exceptions outlined in the relevant sections of PIPA and PIPEDA (as applicable).
7.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought. A request to access personal information should be forwarded to the Privacy Officer identified below.
7.3 Upon request, we will also tell customers and users how we use their personal information and to whom it has been disclosed, if applicable.
7.4 We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will inform the customer or user of the cost and request further direction from the customer or user on whether or not we should proceed with the request.
7.6 If a request is refused in full or in part, we will notify the customer or user in writing, providing the reasons for refusal and the recourse available to the customer or user.
8.1 The Privacy Officer is responsible for ensuring Linax’s compliance with this policy and PIPA and PIPEDA (as applicable).
8.2 Customers and users should direct any complaints, concerns or questions regarding Linax’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the client, customer, member may also write to the Office of the Information and Privacy Commissioner for British Columbia or the Office of the Privacy Commissioner of Canada (as applicable).
Contact information for Linax’s Privacy Officer:
Linax Technologies Ltd.
c/o 300-1665 Ellis Street
Kelowna, BC V1Y 2B3
Last Updated on January 27, 2020
This website (“Site”) is owned and operated by or on behalf of Linax Technologies Ltd. and/or its affiliates (collectively, “Linax”). These Terms and Conditions of Service (the “Terms and Conditions”) contain the terms, covenants, conditions and provisions upon which you may access and use this Site and any training services and related information provided to you by Linax (collectively, the “Services”), either through the Site or through other means and media, including but not limited to software, applications and data (collectively, the “Linax Materials”). As used herein “you” shall be deemed to refer to you as the individual end user accessing the Services.
These Terms and Conditions were last updated on January 27, 2020.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU CONFIRM THAT YOU UNDERSTAND AND INTEND THESE TERMS AND CONDITIONS TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT AND EQUALLY BINDING, AND THAT YOU ACCEPT SUCH TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM. Additionally, you confirm your understanding that these Terms and Conditions shall apply to any Linax mobile application or Linax content on third-party social media services (e.g., a Linax Facebook® page) that reference these Terms and Conditions. In such instances, the term “Site” shall include the applicable mobile application or Linax content whenever that term is used herein.
LINAX RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS UPON NOTICE, WHICH MAY BE GIVEN BY LINAX POSTING SUCH CHANGE (OR REVISED TERMS AND CONDITIONS) ON THE SITE, BY E-MAIL, OR ANY OTHER REASONABLE WAY. IF A CHANGE IS NOTIFIED BY A POSTING ON THE SITE, IT SHALL BE DEEMED TO TAKE EFFECT WHEN POSTED; IF A CHANGE IS NOTIFIED BY E-MAIL, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE E-MAIL IS SENT; AND IF A MODIFICATION IS NOTIFIED IN ANY OTHER WAY, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE RELEVANT NOTICE IS SENT OR ISSUED BY OR ON BEHALF OF LINAX. YOUR CONTINUED USE OF THIS SITE AND ACCESS AND USE OF THE SERVICES OR ANY LINAX MATERIALS FOLLOWING NOTICE OF SUCH MODIFICATIONS WILL BE CONCLUSIVELY DEEMED ACCEPTANCE OF ANY CHANGES TO THESE TERMS AND CONDITIONS. YOU AGREE THAT NOTICE OF CHANGES TO THESE TERMS AND CONDITIONS ON THE SITE, DELIVERED BY EMAIL, OR PROVIDED IN ANY OTHER REASONABLE WAY CONSTITUTES REASONABLE AND SUFFICIENT NOTICE.
YOU MAY ONLY USE THE SITE, THE SERVICES AND THE LINAX MATERIALS PURSUANT TO THESE TERMS AND CONDITIONS IF YOU ARE OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND OTHERWISE HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE NOT OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE OR DO NOT OTHERWISE HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THE TERMS AND CONDITIONS, YOU MUST HAVE A PARENT, LEGAL GUARDIAN OR OTHER DULY AUTHORIZED LEGAL REPRESENTATIVE ACCEPT THESE TERMS AND CONDITIONS ON YOUR BEHALF BEFORE USING THE SERVICES OR THE LINAX SERVICES.
General Terms and Conditions:
1. License Grant. The specific Services to be provided by Linax pursuant to these Terms and Conditions are those that: i) have been agreed to by Linax and you pursuant to an ordering document (whether electronic and provided through the Site, a paper document, a purchase through a third party service such as the Apple App Store or otherwise) or an order placed by you via telephone (where applicable); or ii) have been agreed to pursuant to a separate agreement between Linax and your employer or other third-party organization that has arranged for you to be provided with Services (an “Order”). Linax hereby grants you a personal, revocable, non-exclusive, non-transferable license to access and use the Linax Materials provided as part of the Services contemplated in the relevant Order. Unless otherwise expressly authorized by Linax in writing, you may only use the Linax materials for your own personal training and information purposes. You may not make any use of any copies of the Linax Materials kept following the expiration and termination of the license to the Linax Materials other than as set out herein. You agree and acknowledge that any use and/or access to any Services or Linax Materials that exceeds the license restrictions set out herein or as set out in any Order is strictly prohibited. You may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, or otherwise use any Linax Materials or other information or material obtained from or through this Site or as part of the Services unless specifically authorized to do so in writing by Linax. Further, you may not post any Linax Materials or other content from this Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Linax, which consent may be withheld by Linax in its sole discretion. You agree that you will not use the Services, any Linax Materials or this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with this Site; (ii) collecting any information about other users of this Site, including passwords, accounts or other information; (iii) providing any Linax Materials to anyone other than you; or, (iv) posting any notice or advertisement or sending any email, of a commercial nature or otherwise, intended to solicit business from other users of Linax Site or Services.
2. Intellectual Property Rights. The Linax Materials and all other materials made available on the Site or otherwise as part of the Services, unless otherwise indicated, are protected by law including, but not limited to, Canadian copyright, trade secret, and trademark law, as well as other provincial, state, national, and international laws and regulations. The content, content layout and design of all Linax Materials and all other information on the Site are the exclusive property of Linax or its licensors and, except as expressly provided herein, Linax does not grant any express or implied right in any such materials to you. In particular and without limitation, Linax owns the copyright in the Site and the Linax Materials as collective works, and in the selection, coordination, arrangement, and enhancement of the content of the Site and the Linax Materials. The marks “Linax”, “Linax Technologies” and all other names, logos, and icons identifying Linax and/or Linax products and Services are proprietary marks of Linax or its licensors. Third-party trademarks displayed on the Site or in the Linax Materials are the property of their respective owners. Except for the limited license to use the Linax Materials and the Site as set forth herein, all other rights are expressly reserved by Linax. Unauthorized use or distribution, transfer or copying of the Linax Materials (alone or merged with other content, software, documentation or services), or failure to comply with any restriction herein will result in automatic termination of your license to access the Site, the Services and Linax Materials and will make available to Linax other legal remedies.
3. Orders. Orders placed by you or any third party on your behalf are only valid when accepted by Linax or its authorized third party distributors. You (or your employer or other third party as may have been separately agreed) will pay Linax (or its authorized third party distributor) the fees as specified on the relevant Order, which are due in full prior to access being granted to the Site, the Linax Materials and/or any Services (unless payment instalments have been expressly agreed to by you, or a third party on your behalf, and Linax in writing). Linax reserves the right to revise or modify the content of any Linax Materials provided as part of the Services sold pursuant to an Order at any time.
4. Disclaimers. Linax obtains the content of all Linax Materials from sources believed by it to be accurate and reliable. However, because of the possibility of human or mechanical error as well as other factors, all Site content and all Linax Materials are provided on an "AS IS" and “AS AVAILABLE” basis without representation or warranty of any kind, and THE LINAX PARTIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO SITE CONTENT OR ANY LINAX MATERIALS. You acknowledge and agree that in no event shall Linax be responsible or liable for the consequences of reliance on any statements, opinions or content presented on the Site, in the Linax Materials or provided otherwise as part of the Services. You agree that the Services, the Linax Materials and the Site content are for informational and training purposes only and that none of the Services, the Linax Materials or the Site content is intended to replace the operation and maintenance manuals supplied with any relevant devices or equipment which you may own and/or operate. You agree that any other disclaimers which appear on the Site, within the Linax Materials or otherwise with respect to the Services are incorporated by reference in to these Terms and Conditions.
Linax makes no representation or warranty that any Linax Materials and/or other content on the Site are appropriate or available for use in any particular locations, and access to them from territories where any such content illegal is prohibited. If you choose to access this Site and/or any Linax Materials from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules and regulations. Linax may limit the availability of the Site and/or Linax Materials, in whole or in part, to any person, geographic area or jurisdiction Linax chooses, at any time and in Linax’s sole discretion. You agree and acknowledge that no oral or written information or advice given by Linax or any of its employees or agents in respect to the Site or any Linax Materials shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms and Conditions by a written agreement. FURTHER, THE LINAX MATERIALS AND OTHER CONTENT MADE AVAILABLE ON THIS SITE AND OTHERWISE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THIS SITE OR ITS CONTENTS AND/OR PARTICULAR LINAX MATERIALS ARE UNAVAILABLE. MOREOVER, LINAX MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE, TO THE LINAX MATERIALS OR TO OTHER CONTENT DESCRIBED OR MADE AVAILABLE ON THE SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE LINAX MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE ON THE SITE.
Linax’s total liability to you or any other third party arising out of the provision of Services or use of the Site or the Linax Materials, regardless of the theory of liability, shall be limited to the greater of: i) the actual fees paid for the Services to which any such claim of liability relates during the 12 months immediately preceding the event giving rise to liability; or ii) CAD $100. Except where applicable law mandates otherwise, in no event shall Linax or its licensors and affiliates be liable for any indirect, special, incidental, punitive or consequential damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence, tort or other action, arising out of or in connection with the Site, Services and/or Linax Materials even if Linax is advised of the possibility thereof. You must use all reasonable endeavors to mitigate any loss or damage whatsoever (and howsoever arising) and nothing in these Terms and Conditions shall be deemed to relieve or abrogate you of any such duty to mitigate any loss or damage.
5. Indemnity. You agree to indemnify and hold harmless Linax, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Site, your use of the Linax Materials, your use of the Services and/or any breach by you of these Terms and Conditions.
6. Submissions. Linax and/or our service providers may make available through the Site, the Linax Materials or otherwise during the provision of Services, certain services to which you are able to post or otherwise record comments, information and/or feedback (for example, satisfaction surveys, beta user feedback, message boards, blogs, chat features, messaging and/or comment functionalities, but excluding any personal logs). Any ideas, suggestions, information, feedback, know-how, material, and any other content (collectively, “Submissions”) posted and/or received through this Site or otherwise, will be deemed to include a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, nonexclusive, transferable and fully sublicensable (through multiple tiers) right and license for Linax to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive: (i) any claim to the contrary; and (ii) any “moral rights” associated with your Submissions. You represent and warrant that you have all rights necessary for you to grant the foregoing license, and that each Submission you provide to the Site complies with all applicable laws, rules and regulations. You are and remain responsible and liable for the content of any Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST, TRANSMIT OR OTHERWISE MAKE ANY SUBMISSION. ANY SUBMISSIONS MADE ARE DONE SO AT YOUR OWN RISK. Please note, Linax does not control any of the user-submitted Submissions, they do not reflect the opinion of Linax, and Linax does not guarantee their accuracy or endorse any of the opinions expressed. Linax is not responsible or liable for: (i) any Submissions, including, without limitation, any errors or omissions in such Submissions, links or images embedded therein, or results obtained by using any of the same; or (ii) any loss or damage caused by the Submissions or resulting from the use (including without limitation republication) or misuse thereof by any third party, including your reliance thereon.
Linax is under no obligation to review any Submission posted in any public or private area within the Site by users and assumes no responsibility or liability relating to any such Submissions. Notwithstanding the foregoing, Linax may from time to time monitor the Submissions and may decline to accept and/or remove any Submissions that contain:
(a) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(b) advertisements or solicitations of any kind;
(c) messages posted by users impersonating others;
(d) personal information such as messages which state phone numbers, government issued identification numbers, account numbers, addresses, or employer references;
(e) messages by non-spokesperson employees of Linax purporting to speak on behalf of Linax or containing confidential information or expressing opinions concerning Linax;
(f) messages that offer unauthorized access to of any copyrighted or private information; or
(g) multiple messages placed within individual folders by the same user restating the same point.
You represent, warrant and covenant that all Submissions and other materials of any kind that are uploaded to or transmitted through the Site will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trademark, service mark, trade dress, patent, privacy or other personal or proprietary rights of any such third parties. In addition to any other rights and remedies of Linax hereunder, Linax may terminate the privileges of any user who utilizes the Site to unlawfully transmit, link or otherwise provide access to copyrighted material without a valid license, express consent of the copyright owner or a fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of Linax, in its sole discretion.
8. Export Restrictions. No Linax Materials, and no software or any other materials associated with the Site and/or Services, may be downloaded, obtained or otherwise exported or re-exported to countries or persons prohibited under relevant export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this Site or provided in any other manner by Linax, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
9. Dispute Resolution. THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of Site, the Linax Materials and/or the provision of Services, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitration shall be conducted by one arbitrator in English and in accordance with the British Columbia International Commercial Arbitration Centre (the “BCICAC”) Canadian Arbitration Shorter Rules for Domestic Arbitrations, which shall administer the arbitration and act as appointing authority (unless another arbitrator is mutually agreed by Linax and you). The place of the arbitration shall be Kelowna, British Columbia. The decision of the arbitrator(s) shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as determined by the arbitrator(s). The decision of the arbitrator(s) may be entered in any court of competent jurisdiction. You agree to submit to the jurisdiction of the provincial and federal courts in British Columbia for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Linax may seek preliminary injunctive relief from any court of law having competent jurisdiction in the event of a breach by you.
10. Term, Termination. These Terms and Conditions will take effect when you first access the Site, the Services and/or the Linax Materials. Linax reserves the right at any time and for any reason to deny you access to the Site, Services, the Linax Materials or any portion thereof. In the event of any such denial, any fees paid by you or on your behalf related to Services not yet provided will be refunded to you unless such denial is by reason of your breach of these Terms and Conditions or other misuse of the Site, Services and/or Linax Materials. Termination will be effective without notice.
11. Waiver. Failure to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Linax of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
12. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Linax as a result of these Terms and Conditions or your utilization of this Site and/or the Services.
13. Severability. The provisions of these Terms and Conditions are severable. If any provision (or part of any provision) shall be determined to be void or unenforceable, the relevant provision or part of any provision shall be deemed deleted and these Terms and Conditions, and the validity and enforceability of all remaining provisions (and parts of any provisions) of these Terms and Conditions, shall not be affected.
16. Governing Law. These Terms and Conditions (and the provision of Services and Site access to which they relate) shall be governed by the substantive laws of the Province of British Columbia, Canada, with regard to its conflicts of laws principles.
17. Passwords. Your use of certain portions of the Site and access to certain Linax Materials requires a password and/or the creation of a personal profile. As part of the creation of your personal profile, you may be required to select a user name and password and provide Linax with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Site, the relevant Linax Materials and your personal profile. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your password, as well as for any communications entered through this Site using your password. You will also immediately notify Linax if you become aware of any loss or theft of your password or any unauthorized use of your password. Linax reserves the right to delete or change a password at any time and for any reason.
18. Assumption of Risk. Your use the Internet solely at your own risk and subject to all applicable local, provincial, state, national, and international laws and regulations. While Linax and its service providers have endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, Linax and Linax service licensors and service providers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Linax and Linax licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
19. Enforcing Security. Actual or attempted unauthorized use of any of the Site, Services and/or Linax Materials may result in criminal and/or civil prosecution. For your protection, Linax reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. Linax will also comply with all court orders involving requests for information.
20. Links to Other Websites. Linax and/or its service providers may provide links, in their sole discretion, to other websites on the Internet for your convenience in locating related information and services. These websites have not necessarily been reviewed by Linax and are maintained by third parties over which Linax exercises no control. Accordingly, Linax and its directors, officers, employees, agents, representatives, licensors and suppliers (together, the “Linax Parties”) expressly disclaim any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
21. Events Beyond Linax’s Control. You expressly absolve and release Linax and Linax licensors and service providers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
22. Language. Notwithstanding any translation of these Terms and Conditions or any Order, the English language shall control the interpretation of these Terms and Conditions and any Order and all other writings between you and Linax. You and Linax confirm that you have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions and the Services be drawn up in English unless otherwise agreed in writing. Les parties aux presents ont exigé que cette entente et tous autres documents envisages par les presents soient rédigés en anglais.