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LIBERTY DEFENSE HOLDINGS, LTD.
GENERAL TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIABILITY LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Access and use of this website (the “Site“) and its related services (the “Services“) are provided by Liberty Defense Holdings, Ltd. (“Liberty Defense“, “we” and “us“) to you on condition that you accept these Terms of Use, and by using the Site or the Services, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you may not access or use this Site or the Services.

These Terms of Use govern the relationship between you, the Site visitor and/or member (“you“), and Liberty Defense with respect to your use of the this Site and its related Services. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

ALL INFORMATION AND DOCUMENTATION CONTAINED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED ON AS DEFINITIVE OR ACCURATE. WE DO NOT PROVIDE LEGAL OR FINANCIAL ADVICE.

JURISDICTION

You understand that aspects of this Site and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services where these activities occur.

If you reside in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Site or the Services.

Furthermore, if you reside in a jurisdiction where it is forbidden by law to participate in the activities offered by this Site or the Services, you may not enter into this agreement or use this Site or the Services. By using this Site you are explicitly representing that you have verified that your use of this Site and the Services is allowed in your own jurisdiction.

The Site and Services may only be used by individuals over the age of 18. If you are under the age of 18, you may not use the Site or the Services.

These Terms of Use may be suspended or terminated without warning, and without any liability to Liberty Defense, if we believe that you are under age or your use of this Site or the Services is not allowed (among other reasons set out below).

PRIVACY

Liberty Defense is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Site or use the Services. Please see our Privacy Policy for further details and contact information for our Privacy Officer.

You acknowledge and agree that access to and use of this Site and the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

LAWFUL USE ONLY

You may not use this Site or the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

CODE OF CONDUCT

You may not interfere with the security of, or otherwise abuse this Site, the Services or any system resources, services or networks connected to or accessible through this Site or the Services. You may only use this Site and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Liberty Defense’s computer systems or perform functions that you are not authorized to perform.

Liberty Defense may, without notice, temporarily or permanently suspend your, or any other parties, access to this Site or the Services if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information. These suspensions will be for such periods of time as Liberty Defense may reasonably determine is necessary to permit the thorough investigation and mitigation of such suspended activity.

While using this Site or the Services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site and the Services.

WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

AVAILABILITY

While we endeavour to keep downtime to a minimum, we cannot promise or warrant that this Site or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.

ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use this Site and the Services and that you shall be solely responsible for all charges and fee related thereto.

CHANGES TO SITE AND CONTENT

Liberty Defense may revise, supplement or delete information, services and/or the resources contained in this Site and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors. For the avoidance of doubt, we reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Site or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Site or the Services; and (iv) the equipment, hardware or software required to use and access this Site or the Services.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this website. Your continued use of this Site or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

LINKED WEBSITES

This Site or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Liberty Defense monitors or endorses these websites. Liberty Defense does not accept any responsibility for such websites. Liberty Defense shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services.

Liberty Defense shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or the Services or other content from this Site. Liberty Defense suggests that you take prudent action to protect yourself, such as installing appropriate anti-virus or other protective software.

INTELLECTUAL PROPERTY

As between you and Liberty Defense, this Site and the Services are owned and operated by Liberty Defense (or its licensors) and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, Internet domain names, notice and notice rights, and other similar rights under the laws of British Columbia, Canada.

Liberty Defense may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “Liberty Defense Materials“) available to you from this Site or the Services, from time to time.

If you download or use Liberty Defense Materials, you agree that Liberty Defense does not transfer either the title or the intellectual property rights to the Liberty Defense Materials, and retains any and all intellectual property rights that it may have therein. You agree not to sell, share, redistribute, or reproduce the Liberty Defense Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any Liberty Defense Materials into a human-perceivable form. Liberty Defense or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

FEES FOR SERVICES

We may, from time to time, provide certain Services through this Site on a fee basis. Where you elect to receive such Services, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such Services as more particularly set out at the time that you ordered such Services. We may amend this Site, the Services and/or the amounts that we charge for same at any time, without prior notice. Fees do not include any applicable sales, use, excise, value- added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. If we terminate your access to the Site or Services because of your breach of these Terms of Use, you shall not be entitled to the refund of any unused portion of any fees you have already paid. You agree that we may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due, where relevant.

SITE AND SERVICES PROVIDED “AS IS”

THIS SITE (INCLUDING, WITHOUT LIMITATION, THE INFORMATION PUBLISHED THEREON) AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LIBERTY DEFENSE DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

ALL INFORMATION AND DOCUMENTATION CONTAINED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED ON AS DEFINITIVE OR ACCURATE. WE DO NOT WARRANT THE LEGAL OR FINANCIAL ABILITY OF ANY USER TO ENTER INTO OR CONSUMMATE ANY TRANSACTION OR INVESTMENT. WE DO NOT PROVIDE LEGAL OR FINANCIAL ADVICE.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION OR DOCUMENTS CONTAINED THEREIN. IN PARTICULAR, YOU ASSUME ALL LIABILITY AND RISK FOR ANY LOSS OF ANY KIND WHATSOEVER SUSTAINED BY YOU IN CONNECTION WITH THE USAGE OF THE SITE AND THE SERVICES, INCLUDING ANY ACTIVITIES, INVESTMENTS, OR TRANSACTIONS PLANNED OR CARRIED OUT THROUGH THE SITE OR SERVICES.

IN THE EVENT OF ANY LOSS OR HARM CAUSED BY USE OF ANY DOCUMENTS PROVIDED BY THE SITE OR THE SERVICES, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LIBERTY DEFENSE.

IN NO EVENT SHALL LIBERTY DEFENSE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE SERVICES, OR ANY PART THEREOF OR DOCUMENT PROVIDED THEREBY, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, LIBERTY DEFENSE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE AND/OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE VALUE OF FEES PAID BY YOU HEREUNDER OR FIVE CANADIAN DOLLARS (CAD $5.00), WHICHVER IS GREATER.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR LIBERTY DEFENSE TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY LIBERTY DEFENSE, LIBERTY DEFENSE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

YOU ACKNOWLEDGE AND AGREE THAT LIBERTY DEFENSE WOULD NOT PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE OR THE SERVICES IN THE EVENT THAT YOU WERE TO RELY ON ANYTHING PROVIDED THEREIN AS CONSTITUTING LEGAL OR FINANCIAL ADVICE. LIBERTY DEFENSE DOES NOT PROVIDE LEGAL OR FINANCIAL ADVICE.

INDEMNIFICATION

IN ADDITION TO ANY OTHER INDEMNITY SET OUT HEREIN, YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS’ AND OTHER FEES AND COSTS, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE.

TERM & TERMINATION

You acknowledge and agree that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Liberty Defense shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Service at any time or from time to time.

Liberty Defense may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Site and the Services and/or terminate these Terms of Use (including any of the licenses granted hereunder). Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services.

Sections 11 to 19 will survive any termination or expiry of these Terms of Use.

NOTICE

If you need to contact us regarding this Site, the Services or these Terms of Use, please e-mail us at privacy@libertydefense.com. You can also contact us via mail addressed to: 1030-200 Granville St., Vancouver BC V6C 2R3

YOUR COMMENTS

Feel free to email your comments, suggestions and feedback (“Comments“) to Liberty Defense at the e-mail addresses provided in this Site or the Services. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Liberty Defense is not liable for any damages related to communications to or from this Site or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Liberty Defense has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Liberty Defense may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you (or any third party); and (iv) such Comments are truthful, do not violate the legal rights of others, and are not the property of others.

JURISDICTION

We reserve the right to limit the availability of the Site and/or the provision of any of the Services, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Services, materials, or other product provided.

MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of British Colombia f, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to the exclusive personal jurisdiction of the courts located in Vancouver, British Columbia, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Site or the Services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Site or Services, which cannot be amicably resolved, (collectively, a “Claim“), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia, Canada, in English and in accordance with the UNCITRAL Arbitration Rules, except as such rules are modified or waived herein.

The arbitrator will be a person who is legally trained and who has experience in arbitration in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against Liberty Defense relating to any Claim; (ii) opt out of any class proceedings against Liberty Defense; and (iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, Liberty Defense reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use (which incorporate by reference our Privacy Policy) set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with Liberty Defense’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms of Use were last updated on 13 June, 2019.