This PASSEPORT EN FUT Mobile App Agreement (« Agreement ») is a legal agreement between you (« you, » « your ») and Passeport Local inc. (« PASSEPORTENFUT, » « we, » « our » or « us ») governing your use of the PASSEPORTENFUT Mobile App service ( » PASSEPORTENFUT App »). Please read this Agreement carefully. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING the PASSEPORTENFUT APP AND DELETE THE APPLICATION.
1. PASSPORTENFUT App Registration and Account Activation.
The PASSEPORTENFUT App allows you to create one (1) universal consumer profile that enables you to perform aggregated searches and pay to discover a product of choosen participating businesses and independent practitioners in the PASSEPORTENFUT program («PASSEPORTENFUT Providers »). You are solely responsible for managing your PASSEPORTENFUT App account. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person.
To make credit card purchases, you must complete the registration and open an account with the PASSEPORTENFUT App («PASSEPORTENFUT App Account »). You do this by providing your first and last name and email address, completing your email verification, and associating one (1) or more valid credit or debit cards with that PASSEPORTENFUT App Account. You must provide accurate and up to date information. We reserve the right to suspend or terminate the PASSEPORTENFUT App Account of any user who provides inaccurate, untrue, or incomplete information, or who attempts to use the account to engage in illegal or unethical activities.
2. Accepted Cards.
The PASSEPORTENFUT App allows you to make payments by cards bearing the trademarks of Visa Inc., MasterCard International Inc., Discover Inc., and American Express Inc. (Collectively, the « Networks »).
3. Your Authorization.
By associating a Card with your PASSEPORTENFUT App Account, searching for and choosing breweries in the PASSEPORTENFUT App and agreeing to pay for those discovery credits within the PASSEPORTENFUT App, you are authorizing a charge to your Card as necessary to complete the purchase. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the PASSEPORTENFUT App, you also authorize a credit to your Card to accomplish that transaction.
Purchases you authorize through the PASSEPORTENFUT App may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your Card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees imposed by those terms and conditions.
The PASSEPORTENFUT App is part of the PASSEPORTLOCAL Network. Among other things, the software enables you to access and use the PASSEPORTENFUT App. When you install the PASSEPORTENFUT app, you will be asked to create your user profile and to establish a PASSEPORTENFUT App Account. You must complete this and other processes in order to associate your user profile with otherPASSEPORTENFUT accounts you have previously created, and to make payments through the PASSEPORTENFUT App. You must install any and all PASSEPORTENFUT app updates to continue to use the PASSEPORTENFUT App.
5. Compatible Mobile Devices and Third Party Carriers.
Your PASSEPORTENFUT App Account permits you to make payment card transactions on a compatible mobile device. Devices modified contrary to the manufacturer’s app or hardware guidelines, including but not limited to disabling hardware or software controls-sometimes referred to as « jailbreaking »-are not compatible mobile devices. You acknowledge that the use of a modified device to use thePASSEPORTENFUT App is expressly prohibited, constitutes a violation of the terms of this agreement, and is grounds for termination of your PASSEPORTENFUT Account. PASSEPORTENFUT does not warrant that the PASSEPORTENFUT App will be compatible with your mobile device or third party carrier.
Your use of the PASSEPORTENFUT App may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.
6. Your PASSEPORTENFUT App Account.
The PASSEPORTENFUT App and your PASSEPORTENFUT App Account may only be used in a country or territory where current PASSEPORTENFUT Providers exist and the laws of that country or territory permit its use. You may not export the PASSEPORTENFUT App directly or indirectly, and you acknowledge that the PASSEPORTENFUT App may be subject to export restrictions imposed by CA law, including Canada’s Export Controls.
By creating a PASSEPORTENFUT App Account, you also confirm that you will not make payments in connection with the following businesses or business activities: (1) any illegal activity, (2) credit counseling or repair agencies, (3) credit protection or identity theft protection services, (4) direct marketing or subscription offers or services, (5) infomercial sales, (6) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (7) multi-level marketing businesses, (8) inbound or outbound telemarketers, (9) prepaid phone cards or phone services, (10) rebate based businesses, (11) upsell merchants, (12) bill payment services, (13) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (14) financial institutions offering manual or automated cash disbursements, (15) financial institutions offering merchandise and services, (16) sales of money orders or foreign currency by non-financial institutions, (17) wire transfer money orders, (18) high-risk merchants, including telemarketing merchants, (19) service station merchants, (20) automated fuel dispensers, (21) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (22) internet/mail order/telephone order firearm or weapon sales, (23) internet/mail order/telephone order cigarette or tobacco sales, (24) drug paraphernalia, (26) hate products, (27) escort services, and (28) bankruptcy attorneys.
7. Restricted Use.
You may use the PASSEPORTENFUT App only to the extent that you obey all laws, rules, and regulations applicable to your use of the PASSEPORTENFUT App.
8. Unauthorized or Illegal Use.
We may decide not to process a transaction if we believe that the transaction is in violation of any PASSEPORTENFUT agreement, or exposes you, other PASSEPORTENFUT users, our partners, or PASSEPORTENFUT to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your PASSEPORTENFUT App Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your PASSEPORTENFUT App Account, and any of your transactions with law enforcement.
9. PASSEPORTLOCAL App Purchase Information.
By using the PASSEPORTENFUT App, you give PASSEPORTENFUT permission to share your email address, first and last name and purchase histories with the PASSEPORTENFUT Providers you make purchases with. You also give us permission to import into your PASSEPORTENFUT App Account and to share with Merchants information about purchases you have made using your Card and any of PASSEPORTENFUT’S products or services.
10. Your Privacy.
11. Customer Service.
You understand and agree that PASSEPORTENFUT is not responsible for the goods and services that you purchase using the PASSEPORT ENFUT App. The Merchants, and not PASSEPORTENFUT, provide those goods and services. The Merchant, and not PASSEPORTENFUT, is responsible for customer service related to those goods and services, including the nature, content and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a Merchant’s personnel, policies, or processes. The Network and/or other entity issuing your Card, and not PASSEPORTENFUT, is responsible for customer service related to your Card.
12. Disclosures and Notices.
Upon acceptance of this Agreement, you agree that PASSEPORTENFUT can provide disclosures and notices required by law and other information about your PASSEPORTENFUT App Account to you electronically by posting it on our website, or by emailing it to the email address listed in your PASSEPORTENFUT App Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
13. User Content and Reviews.
For any User Content that you upload to the PASSEPORTENFUT App, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order to provide and promote the PASSEPORTENFUT App and PASSEPORTENFUT’s business. You retain all rights in your User Content, subject to the rights granted to PASSEPORTENFUTL in this Agreement. You may modify or remove your User Content via your PASSEPORTENFUT App Account or by terminating your PASSEPORTENFUT App Account.
You agree not to upload to the PASSEPORTENFUT App or otherwise post, transmit, distribute, or disseminate through the PASSEPORTENFUT App any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with PASSEPORTENFUT’s or its partners’ products and services, as determined by PASSEPORTENFUT in its sole discretion; or (f) in PASSEPORTENFUT’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the PASSEPORTENFUT App, or which may expose PASSEPORTENFUT, its affiliates, or users to harm or liability of any nature.
Although PASSEPORTENFUT has no obligation to screen, edit, or monitor any User Content, PASSEPORTENFUT reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the PASSEPORTENFUT App, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If your PASSEPORTENFUT Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the PASSEPORTENFUT App, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that PASSEPORTENFUT shall not be liable to you or any third party for termination of access to the PASSEPORTENFUT App, or for deletion of your information or account data.
16. Your Right to Terminate.
You may terminate this Agreement at any time by closing your PASSEPORTENFUT App Account and ceasing to use the PASSEPORTENFUT App.
17. Suspension or Termination by Us.
We may terminate this Agreement and close your PASSEPORTENFUT App Account for any reason or no reason at any time upon notice to you. We may also suspend the PASSEPORTENFUT App and access to your PASSEPORTENFUT App Account if you (a) have violated the terms of this Agreement, any other agreement you have with PASSEPORTENFUT, or PASSEPORTENFUT’s policies, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
18. Effect of Termination.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the PASSEPORTENFUT App, or in connection with any termination or suspension of the PASSEPORTENFUT App. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
19. Your License.
PASSEPORTENFUT grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the PASSEPORTENFUT App solely to find and reserve services and make purchases from PASSEPORTENFUT Providers in accordance with this Agreement. The Service includes our website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by PASSEPORTENFUT. You will be entitled to download updates to the PASSEPORTENFUT App, subject to any additional terms made known to you at that time, when PASSEPORTENFUT makes these updates available.
20. Important restrictions.
While we want you to enjoy the PASSEPORTENFUT App, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any PASSEPORTENFUT system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with PASSEPORTENFUT referencing this Section 20(i) that expressly grants you an exception to this prohibition; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from PASSEPORTENFUT; (iii) permit any third party to use and benefit from the PASSEPORTENFUT App via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the PASSEPORTENFUT App or any PASSEPORTENFUT service or product, work around, bypass, or circumvent any of the technical limitations of the PASSEPORTENFUT App, use any tool to enable features or functionalities that are otherwise disabled in the PASSEPORTENFUT App, or decompile, disassemble or otherwise reverse engineer the PASSEPORTENFUT App, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the PASSEPORTENFUT App, prevent access to or use of the PASSEPORTENFUT App by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the PASSEPORTENFUT App except as expressly allowed under this section.
The PASSEPORTENFUT App is licensed and not sold. PASSEPORTENFUT reserves all rights not expressly granted to you in this Agreement. The PASSEPORTENFUT App is protected by copyright, trade secret and other intellectual property laws. PASSEPORTENFUT owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the PASSEPORTENFUT App and all copies of the PASSEPORTENFUT App. This Agreement does not grant you any rights to PASSEPORTENFUT’s trademarks or service marks.
For the purposes of this Agreement, « Intellectual Property Rights » means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the PASSEPORTENFUT App, including without limitation about how to improve the PASSEPORTENFUT App or our other products (« Ideas »). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place PASSEPORTENFUT under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PASSEPORTENFUT does not waive any rights to use similar or related ideas previously known to PASSEPORTENFUT, or developed by its employees, or obtained from sources other than you.
22. Unsolicited Ideas
We do not accept or consider, directly or through any PASSEPORTENFUT employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (« unsolicited materials »). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
• PASSEPORTENFUT has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; andPASSEPORTENFUT will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
PASSEPORTENFUT will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
You will indemnify, defend, and hold harmless PASSEPORTENFUT and its respective employees, officers, agents directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any claim made by any third party arising in connection with a violation of this PASSEPORTENFUT App User Agreement, for which you are responsible.
PASSEPORTENFUT reserves the right, at its own expense, to assume the exclusive defense and control of any mater subject to indemnification by you, but doing so will not excuse your indemnity obligations.
24. Representation and Warranties.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the PASSEPORTENFUT App and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use the PASSEPORTENFUT App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the PASSEPORTENFUT App; and (f) your use of the PASSEPORTENFUTApp will be in compliance with this Agreement.
25. No Warranties.
THE PASSEPORTENFUT APP IS PROVIDED ON AN « AS IS » AND « AS AVAILABLE » BASIS. USE OF THE PASSEPORTENFUT APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PASSEPORTENFUT APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PASSEPORTENFUT OR THROUGH THE PASSEPORTENFUT APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PASSEPORTENFUT, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PASSEPORTENFUT APP WILL MEET YOUR REQUIREMENTS; THAT THE PASSEPORTENFUT APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PASSEPORTENFUT APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PASSEPORTENFUT APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
PASSEPORTENFUT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PASSEPORTENFUT APP OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PASSEPORTENFUT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
26. Limitation of Liability and Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PASSEPORTENFUT, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE PASSEPORTENFUTAPP. UNDER NO CIRCUMSTANCES WILL PASSEPORTENFUT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PASSEPORTENFUT APP, YOUR PASSEPORTENFUT APP ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PASSEPORTENFUT, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PASSEPORTENFUT APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PASSEPORTENFUT APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PASSEPORTENFUT APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PASSEPORTENFUT APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PASSEPORTENFUT, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PASSEPORTENFUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The PASSEPORTENFUT App is controlled and operated from facilities in the United States, the United Kingdom and Australia. PASSEPORTENFUT makes no representations that the PASSEPORTENFUT App is appropriate or available for use in other locations. Those who access or use the PASSEPORTENFUT App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the PASSEPORTENFUT App if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the PASSEPORTENFUT App are solely directed to individuals, companies, or other entities located in the United States.
27. Binding Individual Arbitration.
If a dispute of any kind arises with a PASSEPORTENFUT Provider, you agree to resolve that dispute with that provider. For any dispute that you have with PASSEPORTENFUT, we will make every reasonable effort to resolve any disagreements that you have with us. If those efforts fail, by using the PASSEPORTENFUT App, you agree that any claim, dispute, or controversy you may have against PASSEPORTENFUT arising out of, relating to, or connected in any way with this Agreement or the PASSEPORTENFUT App shall be resolved exclusively by an external arbitrator.
28. Choice of Law.
Any dispute arising out of or related to the PASSEPORTENFUT App User Agreement by you shall be governed by the laws of Canada.
29. Limitation on Time to Initiate a Dispute.
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.
30. Right to Amend.
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the PASSEPORTENFUT App with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at www.passeportenfut.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the PASSEPORTENFUT App after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the Dispute arose.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PASSEPORTENFUT without restriction.
32. Third Party Services and Links to Other Web Sites.
33. Other Provisions.
Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and PASSEPORTENFUT, and they describe the entire liability of PASSEPORTENFUT and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the PASSEPORTENFUT App. In the event of a conflict between this Agreement and any other PASSEPORTENFUT agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that PASSEPORTENFUT may have under trade secret, copyright, patent, or other laws. PASSEPORTENFUT’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 8, 9, 10, 11, 13, 14, 19, and 21-34.