Terms and Conditions

ANITATOTH.CA – WEBSITE TERMS OF USE

Terms of Use

  1. Your Agreement to Terms of Use. This website (this “Site“) is owned and operated by Janiva Digital Marketing Inc. (“Janiva“). This Site provides content, including without limitation editorial content, personal profiles, articles, publications, pictures, videos, information, events, data, and other materials (the “Content“) and access to various Janiva products and services, including without limitation Janiva online, self-directed courses (“Janiva Courses“), as well as, at the sole discretion of Janiva, certain select Janiva live online webinars and Janiva related Live events (“Janiva Online Events“) and Janiva Live Events (as defined below) (each, a “Janiva Product” and collective, the “Janiva Products“). This Site, the Content, and any Janiva Products are made available to you subject to your compliance with these terms and conditions of use and the terms and conditions of the Janiva Privacy Policy (collectively, the “Terms“). By accessing or using this Site or any Janiva Products, you covenant and agree to be bound by, and comply with, the Terms and represent and warrant that you have read, understand, and can agree to be bound by the Terms. If you do not agree to be bound by, and comply with, the Terms, you are not permitted to access or use this Site or any Janiva Products.
  2. Janiva reserves the right (in its sole discretion) to amend or modify the Terms at any time and from time to time. You should review the Terms regularly. By accessing or using this Site or any Janiva Product after any such modifications, you agree to be bound by, and comply with, the Terms, as modified. If any modification is not acceptable to you, you must cease accessing and using this Site and Janiva Products.
  3. Currency of Content. The Content is provided for informational or educational purposes only. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose. The Content is current as of the date of first publication but may no longer be accurate as a result of the passage of time.
  4. Legal and Other Advice Not Provided. Neither the Content nor any Janiva Product constitutes legal, accounting, tax, or other professional advice. In addition, neither Janiva nor any Janiva personnel practise, nor do any of them purport to practise, as lawyers or accountants or any other provider of services of a similar nature. None of the Content nor any Janiva Product is, nor will any of the Content or any Janiva Product be construed as being, in any way whatsoever legal or accounting related advice or any other advice of a similar nature. No one should act, or not act, on the sole basis of the Content or any Janiva Product. You should use caution and always consult a lawyer, accountant, or other professional advisors, as applicable, before acting on any information, including information related to a change in your lifestyle, business or finances. You acknowledge and agree that:
    • as between you and Janiva, you are solely and exclusively responsible and accountable for your decisions and actions and any and all results thereof; and
    • you will not attempt to hold Janiva liable for any of your decisions or actions or any results thereof, at any time, under any circumstance.
  5. Account and Billing Information. In order to purchase Janiva Products or subscribe for a Janiva Membership (as defined below), you must provide Janiva with a valid, current, complete, and accurate method of payment acceptable to Janiva (in its sole discretion), as indicated on the applicable page of this Site (the “Payment Method“). You will be required to provide Janiva with all details of the Payment Method requested by Janiva or this Site and update and correct such details with Janiva so that the Payment Method is at all times valid, current, complete, accurate, and acceptable to Janiva. Your billing address must be the same as the shipping address. You acknowledge and agree that janiva may store and use the information you provide for use in maintaining and billing fees to your payment method.
  6. General Policy for Refunds. Unless otherwise expressly stated in the Terms, you will have thirty (30) days from the date of the original purchase of any Janiva Product to submit a request for refund of the purchase price thereof (in whole or in part) by contacting Janiva via email at support@janivadigitalmarketing.com. Any request for a refund for any portion of the purchase price of any Janiva Product submitted after such thirty (30) day period will not be processed.
  7. Janiva Memberships.
    • Term. Your Janiva membership subscription (“Janiva Membership“) will give you access to Janiva Courses and certain Janiva Online Events. Your Janiva Membership will commence on the date indicated in your Janiva Membership and, unless you cancel your Janiva Membership or Janiva terminates your Janiva Membership, will continue, in the case of a monthly Janiva Membership, month-to-month or, in the case of an annual Janiva Membership, year-to-year (the “Term“). To cancel your Janiva Membership contact Janiva via email at support@janivadigitalmarketing.com.
    • Conditions. In order to obtain and maintain a Janiva Membership, you acknowledge and agree that you must: (i) provide Janiva with a Payment Method; (ii) have Internet access; and (iii) comply, and at all times remain in compliance with the Terms.
    • Monthly Subscriptions. If you subscribe for a monthly Janiva Membership, you will have ten (10) days from the date of the original purchase thereof (the “Monthly Subscription Refund Period“) to request a refund of the fees for your Janiva Membership. Any refund request submitted after the Monthly Subscription Refund Period will not be processed. Each month of the Term, unless cancelled by you or terminated by Janiva, your monthly Janiva Membership will automatically renew and Janiva will bill you the monthly membership fee at the then current fees for monthly Janiva Memberships for that month using the Payment Method. If you wish to cancel your Janiva Membership, such cancellation can only be made effective at the end of a particular month during the Term, and you must notify Janiva that you wish to cancel your Janiva Membership before it renews in order to avoid billing of the following month’s membership fees to your Payment Method.
    • Annual Subscriptions. If you subscribe for an annual Janiva Membership, you will have thirty (30) days from the date of the original purchase thereof (the “Annual Subscription Refund Period“) to request a full refund of the fees for your Janiva Membership. Any refund request submitted after the Annual Subscription Refund Period will be prorated by the amount of time remaining under the original yearly subscription period. By way of indicative example only, if you purchase an annual Janiva Membership in January of a particular calendar year and you request a refund in June of the same calendar year, the prorated refund would be fifty percent (50%) of the purchase price of your Janiva Membership. If you subscribe for an annual Janiva Membership, Janiva will notify you via email prior to renewal. Unless cancelled by you or terminated by Janiva prior to renewal, your annual Janiva Membership will automatically renew at the then current fees for annual Janiva Memberships using the Payment Method.
    • Member Discounts. From time to time, Janiva may, but is not obligated to, offer Janiva Membership subscribers the opportunity to purchase Janiva Products at a discount rate. To be eligible for any and all discounts, you must hold a current, valid Janiva Membership (other than a Trial Janiva Membership) in good standing at the time of purchase and be in full compliance with the Terms.
    • Trial Memberships. If you have subscribed for a trial Janiva Membership or a Janiva Membership that starts with or includes a trial period (in each case, a “Trial Membership“), unless otherwise expressly stated in your Trial Membership, the term of the Trial Membership will commence on the date specified therein and continue for a period of thirty (30) days (the “Trial Term“). During the Trial Term, you will receive a notice from Janiva that your Trial Membership is about to end or that the paying portion of your Janiva Membership is about to begin. Unless terminated by you during the Trial Term, at the end of the Trial Term, your Trial Membership will automatically renew or continue and become a monthly Janiva Membership or annual Janiva Membership, as applicable, and Janiva will bill the fees for your Janiva Membership to your Payment Method. For combinations with other offers, restrictions may apply. Trials Memberships are made available to new and certain former members only. Janiva reserves the right, in its absolute discretion, to determine your eligibility for a Trial Membership.
  8. Janiva Live Events. From time to time, Janiva may, but is not obligated to, offer live in-person events by way of this Site, including without limitation live in-person events featuring or including guest speakers and personalities (each, a “Janiva Live Event“). Janiva Live Events are not included in your Janiva Membership and must be paid for in addition to any fees associated with your Janiva Membership. The pricing or fees in respect of Janiva Live Events excludes any and all costs and expenses not expressly included in the purchase price thereof, including without limitation any and all costs and expenses associated with travel, transportation, accommodation, meals, Internet, and telecommunications. Janiva Live Events, and the information, speakers, and personalities involved therewith, are subject to change at any time and from time to time without notification.
    • Refunds. If you have purchased a ticket to a Janiva Live Event, you may request a full refund of your ticket price or seat deposit prior to the date which is forty-five (45) days prior to the date of the event by contacting Janiva via email at support@janivadigitalmarketing.com. Any request for a refund thereafter will not be processed. Any unused tickets for a Janiva Live Event will be forfeited and are not transferable to another event.
    • Prohibition on Transfers. If you have purchased a ticket to a Janiva Live Event, you may not sell, resell, transfer, assign, convey, offer for sale, offer at auction, donate, act as commercial agent for another party, or otherwise transfer your ticket in any way without the express prior written consent of Janiva, which may be withheld in its sole discretion.
    • Permitted Transfers. If you have purchased a ticket to a Janiva Live Event and wish to transfer the ticket to another person, you may request a transfer prior to the date which is forty-five (45) days prior to the date of the event by contacting Janiva via email at support@janivadigitalmarketing.com. Any request for a transfer of a ticket to a Janiva Live Event thereafter will not be processed. All permitted transfers of tickets to Janiva Live Events are subject to payment by you to Janiva of a transfer fee of one hundred dollars ($100.00) USD prior to each such transfer. You may request a maximum of two (2) transfers, after which any subsequent transfer requests will be automatically denied.
    • Permitted Resales. If you are unable to use a ticket to a Janiva Live Event that you have purchased from Janiva, you may, at any time prior to the date which is forty-five (45) days prior to the date of the Janiva Live Event, submit to Janiva a written request for the resale of the ticket via email to support@janivadigitalmarketing.com. Any request for a resale of a ticket to a Janiva Live Event thereafter will not be processed. Upon receipt of a valid request for resale of a ticket to a Janiva Live Event, Janiva may, but is not obligated to, try to resell the ticket to another attendee. If Janiva is able to resell your ticket, it will forward to you the proceeds from such resale less any costs and expenses incurred by Janiva in respect thereof. Janiva makes no representation or warranty regarding the resale of any tickets to Janiva Live Events and does not guarantee that any ticket to any Janiva Live Event will be resold. If Janiva is unable to resell your ticket, you will not be eligible to receive any refund in respect thereof.
  9. Access to Previous Purchases. As an accommodation to you, subject to availability, Janiva may, but is not obligated to, provide you with access to previously acquired Janiva Products (“Previous Purchases“). You acknowledge and agree that:
    • Previous Purchases may not be available for subsequent download or access at any given time;
    • Janiva reserves the right to change your options regarding access or remove your access to Previous Purchases, including eligibility for particular features, without notice to you; and
    • Janiva will have no liability whatsoever to you in respect of the accessibility or non-accessibility of any Previous Purchases.
  10. Communications Not Confidential. Janiva does not guarantee the confidentiality of any communications made by you via email or otherwise through this Site.
  11. Permitted Uses. You may access and use this Site and the Content only in accordance with the Terms and applicable law. Subject to the Terms, Janiva grants to you a non-exclusive, non-transferable, and revocable licence to access and use this Site, the Content, and Janiva Products only to display on your own computer for your own personal use, provided that the Content is not modified (“Permitted Uses“). By accessing or using this Site or any other Janiva Property, or by displaying, saving, downloading or printing a copy of any Content or any Janiva Product, you do not acquire any other right or licence to this Site or any other Janiva Property. All rights not expressly granted by Janiva are expressly reserved by Janiva.
  12. Linking and Janiva Social Media. This Site may, for convenience, provide links to Janiva social media accounts, including without limitation Facebook, LinkedIn, Twitter, Instagram, and Pinterest (“Janiva Social Media“). You acknowledge and agree that, to the extent that you access and use Janiva Social Media:
    • any and all references in the Terms to this Site will refer to and include Janiva Social Media;
    • your access to, and use of, Janiva Social Media is governed by the Terms and the terms and conditions of the applicable third party provider thereof (each, a “Third Party Provider“);
    • in the event of a conflict or inconsistency between the Terms and the terms and conditions of a Third Party Provider with respect to your access and use of Janiva Social Media, the terms and conditions of such Third Party Provider may govern to the extent necessary to resolve such conflict or inconsistency;
    • Janiva Social Media may contain content of third parties that may not be subject to the control of Janiva; and
    • if you choose to access any Janiva Social Media, you do so entirely at your own risk.
  13. Linking and Third Party Sites. This Site may, for convenience, provide links to websites of other parties (each, a “Third Party Site“). You acknowledge and agree that:
    • the content of Third Party Sites is not provided by, or under the control of, Janiva;
    • Janiva does not endorse or republish any content of any Third Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third Party Site or the content thereon;
    • where you provide a link to this Site from another website, Janiva reserves the right to require you to disable such link; and
    • if you choose to access a Third Party Site, you do so entirely at your own risk;
  14. Trademarks of Janiva. Any and all trademarks, corporate names, business names and other trade names of Janiva, including without limitation JANIVA DIGITAL MARKETING™, ANITA TOTH™ and THE QUEEN OF CUSTOMER ATTRACTION™ and all logo, word, script or design versions thereof, in each case whether registrable or not, owned or used by Janiva are trade-marks of Janiva and/or its affiliates (the “Janiva Marks“). Other trademarks, service marks, graphics, and logos used in connection with Janiva Property may be the trademarks of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, including Janiva Marks, or any use thereof.
  15. Copyright of Janiva. This Site and any and all Janiva Products, Janiva Marks and the Content, including any and all of the following used in connection with this Site (collectively, “Janiva Property“):
    • logos, designs, graphics, images, photographs, artwork, and other artistic works;
    • editorial content, text, data, and other literary works;
    • musical works, performances and other sounds;
    • videos and all audio-visual works;
    • selections, arrangements, compilations, modifications, and enhancements of any of the foregoing;
    • software, including scripts and program code that may execute on this Site’s servers or that may be embedded or be downloadable from individual webpages on this Site;
    • other materials; and
    • the architecture, interface, templates and layout and webpages thereon,

is protected by copyright owned by, or licensed to, Janiva and contains proprietary information and material that is owned by Janiva and/or its licensors, and is protected by applicable law, including without limitation copyright law. You agree that you will not use any Janiva Property in any way whatsoever except for use of Janiva Products in compliance with this Agreement. No portion of any Janiva Property may be reproduced in any form or by any means, without the express prior written consent of Janiva. You will not modify, rent, lease, loan, sell, distribute, or create derivative works based on any Janiva Property in any manner, and you will not exploit the Janiva brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Any and all copyrights in and to any Janiva Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by Janiva and its affiliates and/or their respective licensors, who in each case reserve all their rights in law and equity. The use of any software or any part of the Janiva Property, except as expressly permitted pursuant to the Terms, is strictly prohibited and infringes on the intellectual property rights of Janiva and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement. Notwithstanding any other provision of the Terms, Janiva and its licensors reserve the right to change, suspend, remove, or disable access to any Janiva Property at any time without notice. You acknowledge and agree that, in no event will Janiva be liable for making any such changes. Janiva may also impose limits on the use of or access to certain features or portions of Janiva Property, in any case and without notice or liability.

  1. Prohibited Activities. You may not access this Site or any other Janiva Property in any way or for any purpose that is unlawful or that contravenes the Terms. Without the prior written consent of Janiva, you may not access any Janiva Property for any purpose that is outside the scope of the Permitted Uses, or that violates the rights of Janiva, any Janiva personnel or any other person. Without limiting the foregoing, without such consent, you may not engage in, or perform, directly or indirectly, any of the following activities with any Janiva Property or any portion thereof:
  • making available, distributing, displaying, posting, disseminating, publishing, republishing, re-transmitting, communicating to the public, or broadcasting;
  • creating a derivative work, modifying, translating, selecting, arranging, merging, compiling, or otherwise combining with other data or other content or framing from or on another website;
  • scraping, whether screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize, or manipulate any Content, whether by an automatic program or a manual process;
  • selling, licensing, sublicensing, or engaging in any other commercial transaction relating to any Janiva Property or any reproduction of all or any portion thereof in any medium;
  • decompiling, disassembling, reverse engineering, or other exploitation of any Janiva Property, its architecture or the underlying software or code; and
  • any activity that is outside the scope of activity permitted by the Terms.

To seek permission in respect of any activity involving Janiva Property that is not expressly permitted by the Terms, please contact us directly via email at support@janivadigitalmarketing.com.

  1. RISKS YOU ASSUME. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO, AND USE OF, THIS SITE AND THE DOWNLOADING OF CONTENT AND ACCESS AND USE OF JANIVA PRODUCTS ARE DONE AT YOUR OWN RISK. JANIVA DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THIS SITE OR THE CONTENT OR ANY JANIVA PRODUCT IS OR WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR FREE OR FREE OF VIRUSES, WORMS, TROJAN HORSES, OR DISABLING DEVICES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS. AS BETWEEN JANIVA AND YOU, YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEM AND THE ENTIRE COST OF ANY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEM THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THIS SITE OR THE CONTENT OR ANY JANIVA PRODUCT.
  2. YOU ACKNOWLEDGE AND AGREE THAT: (A) THIS SITE AND THE CONTENT AND ALL JANIVA PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER; (B) ACCESS TO, AND USE OF, THIS SITE OR THE CONTENT OR ANY JANIVA PRODUCTS IS ENTIRELY AT YOUR OWN RISK; (C) JANIVA DOES NOT ASSUME, AND WILL NOT HAVE, ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THIS SITE OR THE CONTENT OR ANY JANIVA PRODUCTS; (D) JANIVA WILL NOT BE RESPONSIBLE FOR ANY PROBLEM OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY E-MAIL OR ANY REDEMPTION TO BE RECEIVED BY JANIVA ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY MATERIALS CONSISTENT WITH THIS AGREEMENT OR USE OF THIS SITE; AND (E) TO THE FULLEST EXTENT PERMITTED BY LAW, JANIVA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND AND ANY AND ALL LIABILITY WITH RESPECT TO THIS SITE AND THE CONTENT AND ALL JANIVA PRODUCTS WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR THE CONTENT OR ANY JANIVA PRODUCT WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE.
  3. THIRD PARTY TECHINCAL PROBLEMS. YOU ACKNOWLEDGE AND AGREE THAT, IF, FOR ANY REASON, ANY STREAM IN CONNECTION WITH THIS SITE IS NOT CAPABLE OF RUNNING ONLINE AS PLANNED, INCLUDING INFECTION BY COMPUTER VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES BEYOND THE CONTROL OF JANIVA WHICH THREATENS OR CORRUPTS OR ADVERSELY AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF A LIVE STREAM OFFER, JANIVA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CANCEL, TERMINATE OR SUSPEND THE OFFER AND/OR ANY SUBSCRIPTION.
  4. VIOLATION OF THE LAW. YOU ACKNOWLEDGE AND AGREE THAT ANY ATTEMPT BY YOU OR ON YOUR BEHALF TO DELIBERATELY DAMAGE THIS SITE OR ANY OTHER WEBSITE OR LINKS OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SITE OR ANY JANIVA PRODUCTS MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, JANIVA WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
  5. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL JANIVA OR ANY JANIVA PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGINBLE OR INTANGIBLE HARM, IRREPERABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT JANIVA OR ANY JANIVA PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR THE CONTENT OR ANY JANIVA PRODUCT.
  6. ENTIRE AGREEMENT. THE TERMS, INCLUDING WITHOUT LIMITATION ANY DOCUMENTS EXPRESSLY REFERENCED IN THE TERMS, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN JANIVA AND YOU PERTAINING TO THE SUBJECT MATTER THEREOF AND SUPERSEDE ALL PRIOR COMMUNICATIONS, PROPOSALS, AGREEMENTS, OR UNDERSTANDINGS, WHETHER ELECTRONIC, ORAL, OR WRITTEN, BETWEEN YOU AND JANIVA WITH RESPECT TO THIS SITE OR ANY OTHER JANIVA PROPERTY.
  7. General Terms. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any failure by Janiva to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provision of the Terms or any right. If any of the provisions contained in the Terms are determined to be void, invalid, or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination will not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.
  8. Governing Law. The interpretation, validity, effect, and enforcement of the Terms, and any and all disputes arising out of or in connection with the Terms, or in respect of any legal relationship associated with or derived from the Terms, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply to the access and use of this Site or the Content or any Janiva Products or any other Janiva Property by you, notwithstanding your domicile, residency, or physical location, or the location of the Janiva office or any Janiva personnel with whom you may communicate or deal. The United Nations “Convention on Contracts for the International Sale of Goods” or any similar or successor convention or law, will not be applied to the Terms or any transactions conducted pursuant to this Site. This Site and the Content and Janiva Products are intended for use only in jurisdictions where they may lawfully be provided for use.
  9. You hereby unconditionally consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and the Federal Courts of Canada in any action or proceeding involving this Site or any other Janiva Property and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court. In the event that Janiva determines that any breach or other violation of the Terms, or any violation of the proprietary, intellectual property, privacy, or other rights of Janiva or any Janiva personnel, does or will result in immediate or irreparable harm to Janiva or the applicable Janiva personnel, Janiva and the applicable Janiva personnel may seek relief in the way of interim, temporary and permanent injunctions and such other and further relief as a court may deem just and proper.