The Altus Group Knowledge Store (the “Site”) is operated by Altus Group Limited (“Altus Group”).
When we refer to "we", "us" or "our", we mean Altus Group. When we refer to "you" or "your" we mean the business, organization, company, or other legal entity for which you act on behalf of and have authority to bind.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCESSING OR USING THE SITE, COMPLETING A TRANSACTION, OR CLICKING A BOX OR OTHERWISE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY THESE “TERMS”). If you are not eligible, or do not agree to theSE Terms, then you do not have our permission to use the Site. YOUR USE OF THE SITE AND ALTUS GROUP’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY ALTUS GROUP AND BY YOU TO BE BOUND BY THESE TERMS.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ALTUS GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (see Section 16).
1. Site Overview. Subject to these Terms, the Site may permit you to purchase products or services of Altus Group and/or its Affiliates, such as subscriptions, licenses, professional services, support and/or training (collectively, “Products”). The Site is only intended for use by individuals or entities solely for business purposes, and you agree that your use of the Site will be limited solely for business purposes (“Acceptable Use”).
2. Applicability. These Terms govern your use of the Site only. Products purchased using the Site will be governed by additional terms and conditions that Altus Group and/or its Affiliates have made, or will make, available to you prior to or at the time of such purchase (the ‘Product Terms”). In these Terms, “Affiliate” includes any entity who directly or indirectly controls, is controlled by, or is under direct or indirect common control with Altus Group; and a specific entity shall be deemed to “control” another entity if such specific entity possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of such other entity, whether through the ownership of voting securities, by contract or otherwise; and the term “controlled” shall have a similar meaning.
3. Eligibility. You must be at least of the age of majority in the jurisdiction in which you reside to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are of the age of majority in the jurisdiction in which you reside; (b) you have not previously been suspended or prohibited from using the Site; and (c) your registration (if applicable) and your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
4. Accounts and Registration. To access the Site, you may have the option and/or be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your entity’s name and mailing address, the name, title, and contact information of the person who will serve as a point of contact for Altus Group (including email address), and other information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com. We have the right to disable any account at any time or other access to the Site, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5. Purchases and Payments
5.1 Fees. If you purchase any Products using the Site (each purchase, a “Transaction”), there may be fees associated with such Transaction (“Fees”). Before you pay any such Fees, you will have an opportunity to review and accept the Fees that will be presented to you as part of the checkout process and/or that will be invoiced to you. All Fees listed on this Site are in Canadian Dollars and are non-refundable, unless stated otherwise. Altus Group reserves the right to determine and change the Product pricing and other Fees in its sole discretion at any time. You authorize Altus Group to invoice you for all Fees incurred by you in connection with your use of the Site, including all applicable taxes. Additional fees and/or payment terms may be set out in the Product Terms.
5.2 Taxes. All prices for Products on the Site are exclusive of sales tax, value added Tax, currency charges, other taxes, duties, import charges, shipping and similar fees and charges which may be applicable to a Transaction.
5.3 Authorization. In the event that you elect to make payments by credit card or other payment method, then: (a) you authorize Altus Group to charge all applicable Fees, including all applicable taxes, to the payment method specified by you; and (b) Altus Group may seek pre-authorization of your credit card account or other payment method prior to your purchase to verify that the payment method is valid and has the necessary funds or credit available to cover the applicable Fees. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Altus Group the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any Transaction by Altus Group. We reserve the right to refuse or limit any Transaction requested by you.
5.4 Errors. In the event any information on the Site contains typographical errors, inaccuracies, or omissions that may relate to a Product, including Product descriptions, Fees, promotions, offers, and availability, we reserve the right to correct such errors, inaccuracies or omissions and cancel a Transaction requested by you for such Product at any time without prior notice (including after you have submitted an order) .
6. Use of Site
6.1 Restrictions. Except to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform all or any part of the Site, or incorporate it into any other product or service; (b) make modifications to the Site; (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism; or (d) share your username and password with any third party for the purpose of enabling such third party to access your account. If you are prohibited under applicable law from using the Site, then you may not use it.
6.2 Feedback. If you choose to share any input and suggestions regarding problems with, or proposed modifications or improvements to, the Site (“Feedback”), then you hereby assign to Altus Group all right, title, and interest, including all intellectual property rights, and waive all moral rights, in and to the Feedback.
6.3 Links to Third-Party Websites. The Site may contain links and other interactive functionality with the websites of third parties. Altus Group is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such third-party websites. The links and interactive functionality with a third-party website do not constitute an endorsement by Altus Group of such third-party website. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. Your use of third-party websites and resources is at your own risk.
7. Ownership; Proprietary Rights. The Site is owned and operated by Altus Group on behalf of itself and/or its Affiliates. We are the owner or licensee of all intellectual property rights in the Site including, the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), and all other elements published on the Site (“Materials”). These are protected by copyright laws and treaties around the world. Except as expressly authorized by Altus Group, you may not make use of the Site, including the Materials. Altus Group reserves all rights in and to the Site not granted expressly in these Terms.
8. Trademarks. The Site uses unregistered and/or registered trademarks of Altus Group and/or its Affiliates, including “Altus Group”, Product names, and other graphics and logos. No right or license to use such trademarks is granted to you under these Terms.
9. Uploaded Content
9.1 Uploaded Content Generally. Certain features of the Site may permit you to post, transmit or upload messages, content, files, data, images, photographs, documents or other materials and information (collectively, “Content”) to the Site; and Altus Group may provide other means of communication outside of the Site, including by telephone, facsimile, mail, text message and email, for you to request or provide Content for Altus Group to post, transmit, upload or otherwise use in connection with the Site (collectively, “Uploaded Content”). Subject to the licenses granted in this Agreement (including in Section 9.2), you retain all right, title and interest in and to any copyright and other proprietary rights that you may hold in the Uploaded Content.
9.2 License Grant to Altus Group. You grant Altus Group a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, fully transferable, perpetual, irrevocable license to use, process, transmit, host, store, transfer, display, perform, reproduce, modify, and disclose the Uploaded Content (a) for the purpose of providing the Site and Products to you, and (b) in a form that does not identify you as the source of the Uploaded Content, for our business purposes, including to develop and improve Altus Group products and services.
9.3 Uploaded Content Representations and Warranties. Altus Group disclaims any and all liability in connection with Uploaded Content (to the maximum extent allowed by law), including but without limited to, for any security breaches pertaining to, or other loss or disclosure of, your Uploaded Content. You are solely responsible for your Uploaded Content and the consequences of providing Uploaded Content via the Site. By providing Uploaded Content via the Site, you affirm, represent, and warrant that:
a. you are the creator and owner of the Uploaded Content, or have the necessary licenses, rights, consents, and permissions to authorize Altus Group to access, use, and distribute your Uploaded Content in the manner contemplated by these Terms;
b. your Uploaded Content, and the use of your Uploaded Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Altus Group to violate any law or regulation (including any obligations to obtain data transfer consents from individuals or organizations); and
c. your Uploaded Content could not be deemed by a reasonable person to be discriminatory, objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate or illegal.
9.4 Uploaded Content Disclaimer. We are under no obligation to edit, verify or control Uploaded Content, and will not be in any way responsible or liable for Uploaded Content. Altus Group may, however, at any time and without prior notice, remove or block any Uploaded Content that in our sole judgment violates these Terms or is otherwise objectionable to Altus Group, in its sole discretion. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Altus Group with respect to Uploaded Content. Altus Group does not control, and does not have any obligation to monitor, review or verify, Uploaded Content. You understand that Altus Group may rely on Uploaded Content when providing Products, and you agree that Altus Group will not be liable for any errors in, or inability to provide, Products as a result of the incompleteness or inaccuracy of Uploaded Content. To the extent that the EU General Data Protection Regulation (“GDPR”) or other applicable privacy and/or data protection law applies to any Uploaded Content, you and Altus Group will comply with the relevant provisions of the applicable law (as amended from time to time) including, but without limited to, Article 28 of GDPR.
10. Prohibited Conduct. BY USING THE SITE, YOU AGREE NOT TO:
10.1 use the Site in any way that breaches these Terms or for any illegal purpose or in violation of any local, provincial, state, federal, national, or international law;
10.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
10.3 interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
10.4 interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; or (ii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
10.5 perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, or accessing any other Site account without permission;
10.6 use any script, macro, scraping tool, bot, crawler, or other automation to manipulate, interact with, send commands to, import, export or collect data from the human interface of the Site;
10.7 use or access the Site or any portion thereof in a manner that materially impacts or burdens Altus Group or Altus Group’s servers and other computer systems, or that interferes with Altus Group’s ability to make available the Site to any third party;
10.8 use the Site in violation of the Altus Group’s Acceptable Use applicable to the Site, as may be updated from time to time;
10.9 sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
10.10 attempt to do any of the acts described in this Section 10 or assist or permit any person to engage in any of the acts described in this Section 10.
11. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon one (1) day’s notice. Notice may be provided to you to your email account provided to Altus Group when registering for the use of the Site or by posting the modified Terms on the Site or other website maintained by or on behalf of Altus Group. Your continued use of the Site following the expiry of the notice period will be deemed to be acceptance of the modified Terms. Please review these Terms on a regular basis. You can access a copy of these Terms here: https://knowledgestore.altusgroup.com/pages/terms-of-use.
12. Termination and Modification of the Site
12.1 Term. These Terms are effective beginning when you accept these Terms or first access or use the Site and ending when terminated as described in Section 12.2.
12.2 Termination. If you violate any provision of these Terms, your authorization to access the Site and these Terms will automatically terminate. In addition, Altus Group may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice.
12.3 Effect of Termination. Upon termination of these Terms: (a) your rights granted under these Terms will terminate and you must immediately cease all use of the Site; (b) you will no longer be authorized to access your account or the Site; and (c) Sections 2, 5, 6, 7, 8, 9.2, 9.3, 9.4, 11, 12, 13, 14, 15, 16 and 17 will survive and any other terms that by their nature are meant to survive.
12.4 Modification of the Site. Altus Group reserves the right to modify, discontinue or suspend the Site, in whole or in part, at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Altus Group will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Site, and you will hold harmless, defend and indemnify Altus Group, its Affiliates, and each of their respective officers, directors, employees, consultants and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable legal fees and costs, arising out of or connected with: (a) your use of and your unauthorized use of, or misuse of, the Site or Materials; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; and (d) your Uploaded Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
14. Disclaimers; No Warranties
14.1 THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.
14.2 ALTUS GROUP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL SUCH MATERIALS AND CONTENT, INCLUDING: (A) ANY IMPLIED WARRANTY AND CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE.
14.3 ALTUS GROUP DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ALTUS GROUP DOES NOT REPRESENT OR WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ALTUS GROUP OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY REPRESENTATION OR WARRANTY REGARDING ALTUS GROUP OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS OR THE APPLICABLE PRODUCT TERMS.
14.5 WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER.
14.6 YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA OR INFORMATION, INCLUDING UPLOADED CONTENT.
14.7 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Altus Group does not disclaim any warranty or other right that Altus Group is prohibited from disclaiming under applicable law.
15. Limitation of Liability
15.1 NOTHING IN THESE TERMS SHALL OPERATE SO AS TO EXCLUDE OR LIMIT A PARTY’S LIABILITY TO THE OTHER PARTY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
15.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALTUS GROUP BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL OR ANY OTHER INTANGIBLE LOSS, OR FOR ANY LOSS OF DATA) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT MADE AVAILABLE ON OR THROUGH THE USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALTUS GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
15.3 EXCEPT AS PROVIDED IN SECTION 16.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ALTUS GROUP TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IS LIMITED TO $100.
15.4 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES AND CONDITIONS, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
15.5 THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Dispute Resolution and Arbitration
16.1 Generally. In the interest of resolving disputes between you and Altus Group in the most expedient and cost effective manner, and except as described in Section 16.2, you and Altus Group agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited pre-hearing discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and other relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether or not a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALTUS GROUP ARE BOTH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, provincial, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
16.3 Arbitrator. Any arbitration between you and Altus Group will be conducted under the applicable arbitration legislation and administered by the Canadian Arbitration Association (“CAA”) Arbitration Rules (“CAA Rules”) as modified by these Terms. The CAA Rules are available online at https://canadianarbitrationassociation.ca/?page_id=17, or by contacting Altus Group. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
16.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified or registered mail (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Altus Group’s address for Notice is the applicable Altus Group address set out in Schedule 1. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Altus Group may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Altus Group must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Altus Group in settlement of the dispute prior to the award, Altus Group will pay to you the greater of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
16.5 Fees. If you commence arbitration in accordance with these Terms, Altus Group will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided under the CAA Rules. In that case, you agree to reimburse Altus Group for all monies previously disbursed by it that are otherwise your obligation to pay under the CAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
16.6 Location of In Person Hearing. Any arbitration hearing will take place within Toronto, Ontario, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing held in the city, town, municipality or county where your billing address is located.
16.7 No Class Actions. YOU AND ALTUS GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Altus Group agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
16.8 Modifications to this Arbitration Provision. If Altus Group makes any future change to this arbitration provision under Section 11, other than a change to Altus Group’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Altus Group’s address for Notice of Arbitration, in which case your account with Altus Group will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
16.9 Enforceability. If Section 16.7 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.
17.2 Governing Law. These Terms are governed by the laws of the Province of Ontario and the applicable laws of Canada, without regard to conflict of law principles. Subject to Section 16, you and Altus Group submit to the personal and exclusive jurisdiction of the courts located within Toronto, Ontario for resolution of any lawsuit or court proceeding permitted under these Terms, as applicable.
17.4 Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
17.6 Contact Information. The Site is offered by Altus Group. You may contact us (including for purposes of grievance or complaints) by sending correspondence to Altus Group Limited, 33 Yonge Street, Toronto, Ontario, Canada, MSE 1G4, or by emailing us at firstname.lastname@example.org.
17.7 No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
17.8 International Use. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
17.9 Severability. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
Last Updated: January 28, 2020