Terms of Service
The terms and conditions stated herein (collectively, the Agreement) constitute a legal agreement between you and Caucus., a Canadian company (the Company or We) having its registered office at 1800 Rene Levesque Boulevard West, Montreal (Quebec) H3H 2H2. In order to use the Caucus Spaces (defined below) and the associated Website (each as defined below) you must agree to the terms and conditions that are set out below, including without limitation, your agreement in Section 14 to arbitrate certain claims and not to participate in any class actions for claims subject to arbitration. By using the Caucus Spaces, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future Changes to this Agreement (as set forth below).
The Company may make modifications, deletions and/or additions to this Agreement (Changes) at any time.
Key Content-related Terms
"Caucus Spaces” means the Company’s physical locations, including entry or access areas, and any common areas, as applicable, which are accessed through the Website or any other means that Caucus implements.
"Collective Content" means, collectively, Company Content and User Content.
"Content" means text, graphics, images, software, video, information or other materials.
"Company Content" means Content that Company makes available through the Website, including any Content licensed from a third party, but excluding User Content.
"User" means a person who accesses or uses the Caucus Spaces or Website.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website.
"Website” means Caucus.space or any other website through which the Company makes available the ability to book Caucus Spaces and posts this Agreement.
The Company uses a third-party payment processor (the Payment Processor) to link your credit card account to the Website and to the Caucus Spaces. The processing of payments or credits, as applicable, in connection with your use of the Website and the Caucus Spaces will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. The Company is not responsible for any errors by the Payment Processor.
You agree to be bound by and comply with any additional terms, conditions and policies provided by the owner, tenant, and property manager of the Caucus Spaces (collectively, the Building Owners) relating to the use of a specific Caucus Space(s), including compliance with building security procedures, IT access and use procedures provided by the Building Owner (Venue Policies). The Venue Policies may be provided in electronic format through the Website or in hardcopy format.
You are responsible for all activity that occurs in Caucus Spaces following a booking under your name (name associated with the credit card or debit card used to complete the payment). Without limiting the foregoing, for any reservation made under your name, if other persons are present in the Caucus Space, you do hereby agree to be fully responsible and to indemnify the Company for any violation of this Agreement or applicable laws, by-laws or regulations, even if such violation was caused by such other persons.
2. Representations and Warranties
By using the Website or the Caucus Spaces, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction which restricts the use of the Caucus Spaces because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website and the Caucus Spaces. Without limiting the foregoing, the Website and the Caucus Spaces are not available to persons under the age of 18. By using the Website or the Caucus Spaces, you represent and warrant that you are at least 18 years old. By using the Website or the Caucus Spaces, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. When using the Website or the Caucus Spaces, you agree to comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the Website or Caucus Spaces.
You may only access the Caucus Spaces using authorized means.
By using the Website or the Caucus Spaces, you agree that:
You will only use the Website or the Caucus Spaces for lawful purposes.
You will not use the Website or the Caucus Spaces for any illegal or inappropriate purposes, including but not limited to skateboarding, roller-skating, roller blading, jumping rope, spitting, smoking, drug use, alcohol abuse, gambling or prostitution, pornography, sexual activity, violent or threatening behavior, or any other purpose reasonably likely to reflect negatively on Caucus or any Building Owner.
You will not smoke in the Caucus Spaces.
You will not light or allow any candles, incense sticks or naked flames in the Caucus Spaces.
You will not make excessive noise in the Caucus Spaces, nor create any noise nor conduct any other activity which would in Caucus’ or any Building Owner’s judgment disturb other Caucus clients, guests, or other tenants in any building containing a Caucus Space.
You will follow all additional regulations regarding the Caucus Spaces, as may be communicated through the Website, posted signs, or any other medium, otherwise Caucus has the right to end the event and evacuate the space (no refund will be granted).
You will not use the Website or the Caucus Spaces for sending or storing any unlawful material or for fraudulent purposes.
You will not install, remove or modify any fixtures, equipment, machinery or appliances in the Caucus Spaces.
You are responsible for leaving the Caucus Spaces in a clean and tidy condition.
Neither the Company nor any Building Owner is responsible for any property you may leave behind in a Caucus Space. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving a Caucus Space.
You may be held liable (and do hereby authorize the Company to charge you) for the repair cost for all damage to the Caucus Spaces and items therein during your use thereof.
You may be held liable (and do hereby authorize the Company to charge you) for any items which are taken from the Caucus Spaces.
You will not use the Website or the Caucus Spaces to cause nuisance, harassment, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Website or the Caucus Spaces in any way whatsoever.
You will not copy, or distribute the Website or other content without written permission from the Company.
You will provide the Company and/or the Building Owner with whatever proof of identity we/they may reasonably request.
You will only use an access point or wireless internet connection which you are authorized to use. Additionally, when using the internet within the Caucus Spaces, you shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of criminal acts, consumer fraud, etc.
You will wear clothing appropriate to the building's situation while using the Caucus Spaces.
You will be responsible for obtaining and holding a Reunion Permit approved by the Régie des alcools, des courses et des jeux du Québec when your activities in a Caucus Space include the service of alcoholic beverages during a family, social, cultural, educational or sporting event.
You do hereby acknowledge that there is a capacity limit as to the number of persons permitted in a Caucus Space at any given time, and that such limit shall be posted on the Website. You do hereby agree to adhere to such capacity limit, otherwise Caucus has the right to end the event and evacuate the space (no refund will be granted in such case).
You do hereby acknowledge that the access to outdoor spaces (including the fire escape and the roof) through emergency exits is strictly prohibited without emergency reasons, otherwise Caucus has the right to charge the event organizer a $500 fine.
You do hereby agree to be responsible for ensuring that the Caucus Spaces that you use are locked when you leave the premises.
You do hereby agree to be filmed and/or recorded as surveillance and/or recording devices are installed on the property.
You hereby consent to the use of sensors by the Company to track the location of various items in the Caucus Spaces, which (without limitation) shall be used by the Company to optimize the Caucus Spaces.
You do further acknowledge that your use of the Caucus Spaces does not constitute the Company or the Building Owner granting you a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license on the terms of this Agreement. In its sole discretion and without limiting any of the Company’s other rights hereunder, the Company may restrict your access to the Caucus Spaces in the event of fraud, trespassing, or violation of this Agreement.
Repair or Cleaning Fees
You are responsible for the cost of repair for damage to, or necessary cleaning of Caucus Spaces resulting from your violation of this Agreement or your use of the Website or the Caucus Spaces in excess of normal “wear and tear.” In the event that the Company, in its reasonable discretion, determines that excessive repair or cleaning is required, the Company reserves the right to charge for the reasonable cost of such repair and/or cleaning, as well as an additional service fee which shall not exceed $500 per occurrence. Any such amounts are non-refundable and at the reasonable discretion of the Company.
3. License Grant, Restrictions and Copyright Policy
Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable license to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense or assign the license rights granted in this section.
You will not use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Caucus Spaces or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by the Company.
4. License granted by User
The Company may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Website or the Caucus Spaces, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the Website or Caucus Spaces. In connection herewith, you hereby renounce and waive in favour of Company any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website or Caucus Spaces. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website or Caucus Spaces or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5. Payment Terms
Any fees which the Company may charge you for the use of the Website or the Caucus Spaces, will be as set out on the Website at the time of purchase, are inclusive of any taxes payable, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company's decision to terminate your usage, disruption caused to our Website or Caucus Spaces either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.
You do hereby agree that you shall be charged fees based on the length of time of your booking of the Caucus Spaces (regardless if you only make use of the Caucus Spaces for less than your booked time). If you exceed the amount of time for which you booked a Caucus Space, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another User’s booked time. Once you book a Caucus Space, you can still have access to the space prior to the selected starting time. However, if you open the entrance door more than 15 minutes prior to the selected starting time, you shall automatically be charged for the full hour preceding the starting time. The same goes for the ending time (the next hour shall automatically be charged if a space is vacated more than 15 minutes past the end of the booked time, and so forth if the space is vacated more than 15 minutes past the end of this extra hour.). You do hereby consent to such excess time charges and to such overage charge.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for the Caucus Spaces as we deem necessary for our business. We encourage you to check back at our Website periodically to find out about how we charge for the Caucus Spaces.
6. SMS Messaging
If you have provided your consent, Company may send you SMS messages in relation to your bookings and use of Caucus Spaces and for promotional purposes. Message and data rates may apply.
If you change your mobile phone service provider, you might have to re-enroll with the Company in order to receive future SMS messages. Company reserves the right to stop sending SMS messages at any time; you may at all times opt-out by replying from your mobile phone to any text from the Company with the word STOP , which opt-out will become effective within seven (7) days.
7. Intellectual Property Ownership
The Company alone shall own all right, title and interest, including all related intellectual property rights, in and to the Website and the Caucus Spaces and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or to the Caucus Spaces (collectively, “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and agree that the Company may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website or the Caucus Spaces, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Website and the Caucus Spaces are trademarks of the Company or third parties, and no right or license is granted to use them.
By entering into this Agreement and using the Website or Caucus Spaces, you agree that you shall defend, indemnify and hold the Company, applicable Building Owners and each of their parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Website or Caucus Spaces, except in each case solely to the extent any of the foregoing arises directly from the gross negligence or willful misconduct of the Company or a Building Owner.
9. Disclaimer of Warranties
THE COMPANY AND BUILDING OWNERS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE WEBSITE OR CAUCUS SPACES. THE COMPANY AND BUILDING OWNERS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE OR THE CAUCUS SPACES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE WEBSITE OR THE CAUCUS SPACES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF THE CAUCUS SPACES, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, € ERRORS OR DEFECTS IN THE WEBSITE OR THE CAUCUS SPACES WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE AND THE CAUCUS SPACES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND BUILDING OWNERS. THE COMPANY AND BUILDING OWNERS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE CAUCUS SPACES, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE WEBSITE OR THE CAUCUS SPACES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE OR THE CAUCUS SPACES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
FOR GREATER CERTAINTY: (A) THE LOCKING MECHANISM USED ON THE CAUCUS SPACES IS PROVIDED BY A THIRD PARTY, AND THE COMPANY AND BUILDING OWNERS SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE OF THE LOCKING SYSTEM TO WORK IN ITS INTENDED MANNER, INCLUDING WITHOUT LIMITATION ANY LOSS OR THEFT OF YOUR PROPERTY; (B) THE CAUCUS SPACES ARE LOCATED IN BUILDINGS WHICH ARE NOT OWNED OR MANAGED BY THE COMPANY, AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO.
ADDITIONALLY, THE COMPANY AND BUILDING OWNERS MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY CAUCUS SPACE FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE CAUCUS SPACES, AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES.
THE COMPANY AND BUILDING OWNERS MAKES NO REPRESENTATION REGARDING THE WIFI ACCESSIBLE IN THE CAUCUS SPACES, INCLUDING WITH REGARD TO ACCESS THERETO.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Internet Delays
THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.
11. Limitation of Liability
IN NO EVENT SHALL THE COMPANY'S OR ANY BUILDING OWNER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) A CAUCUS SPACE OR THE WEBSITE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY DOLLARS (50$), WHICHEVER IS GREATER. IN NO EVENT SHALL THE COMPANY OR ANY BUILDING OWNER BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR CAUCUS SPACES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE OR THE CAUCUS SPACES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE WEBSITE OR CAUCUS SPACES. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF THE COMPANY OR ANY BUILDING OWNER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING CAUCUS SPACES OFFERED VIA THE WEBSITE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH BUILDING OWNERS OR OTHER THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY AND BUILDING OWNERS, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR CAUCUS SPACES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE WEBSITE OR CAUCUS SPACES. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER THE LAW OR ANY ANALOGOUS LAW, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
THE QUALITY OF THE BUILDINGS IN WHICH THE CAUCUS SPACES ARE LOCATED ARE ENTIRELY THE RESPONSIBILITY OF THE BUILDING OWNERS. YOU UNDERSTAND THAT BY USING THE WEBSITE OR THE CAUCUS SPACES, YOU MAY BE EXPOSED TO LOCATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE WEBSITE AND THE CAUCUS SPACES AT YOUR OWN RISK.
TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT THE COMPANY'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Company may give notice by means of email to your email address on record in the Company's logs, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's logs. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice, and address any complaint or claim to the Company (such notice, complaint or claim shall be deemed given when received by the Company) at any time by means of email to email@example.com.
This Agreement may not be assigned by you (whether in whole or in part) without the prior written approval of the Company. This Agreement may be assigned without your consent (in whole or in part) by the Company, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
14. Controlling Law and Jurisdiction – Canadian Users
If you are a resident of Canada, this Section 14 applies to you.
This Agreement and any action related thereto will be governed by the laws of the Province of Quebec without regard to its conflict of laws provisions. Subject to the rest of this Section 20, the exclusive jurisdiction and venue of any action in relation to this Agreement will be the District of Montreal and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, in the event of the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Company may, at its discretion, institute legal proceedings in any jurisdiction (s) which is (are) deemed necessary or advisable.
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website or Caucus Spaces (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrators may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement.
The arbitration will be subject to article 940 and following of the Code of civil Procedure (Quebec).
The arbitrators will render an award within the time frame specified in the Code of civil Procedure (Quebec). Such decision will include the essential findings and conclusions upon which the arbitrators based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any damages granted by the arbitrators must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable.
The arbitrators shall determine who is responsible to pay the fees associated with the arbitration.
You agree that the Company, in its sole discretion and for any or no reason, may terminate your use of Caucus Space,. The Company may also in its sole discretion and at any time discontinue providing access to the Website, Caucus Spaces, or any part thereof, with or without notice. You agree that any termination of your access to the Website and Caucus Spaces may be effected without prior notice, and you agree that the Company shall not be liable to you. These remedies are in addition to any other remedies Company may have at law or in equity.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Website or the Caucus Spaces. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Nothing in this Agreement allows any party who is not a party to this Agreement to have any rights under this Agreement nor be able to enforce this Agreement.
You hereby agree to the terms and conditions contained in the present Agreement.