Terms Of Service
Last revised: 25 May, 2021
Arrae Inc. (“Arrae”, “we”, “us” or “our”) makes certain products, samples and services (collectively, the “Products”) available to you (“you” or “your”) for purchase via its website located at https://www.arrae.com/ or any of our related websites (the “Website”). Products, samples and services provided by others are “Third Party Services”, including those services provided by Shopify Inc. (as described herein).
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ARRAE. THESE TERMS, TOGETHER WITH THE SHOPIFY INC. TERMS OF SERVICE LOCATED AT <https://www.arrae.com> (THE “SHOPIFY TERMS”), GOVERN YOUR ACCESS TO THE WEBSITE AND THE CONTENT (AS DEFINED HEREIN), AND USE OF THE PRODUCTS, AND APPLY TO ALL USERS OF THE WEBSITE (INCLUDING USERS WHO ARE BROWSERS, CUSTOMERS, OR CONTRIBUTORS OF CONTENT). BY ACCESSING OR OTHERWISE USING THE WEBSITE, BY MAKING A PURCHASE OF ANY PRODUCT, BY CLICKING A BOX THAT PROVIDES THAT YOU AGREE TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE LINKED DOCUMENTS REFERRED TO IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR PURCHASE ANY PRODUCT FROM US. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE WEBSITE OR PRODUCTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE WEBSITE AND PRODUCTS. BY USING THOSE FEATURES, YOU ACKNOWLEDGE THAT YOU HAVE ACCEPTED AND AGREE TO ABIDE BY THOSE ADDITIONAL TERMS (AS DEFINED HEREIN) AS APPLICABLE. YOU REPRESENT THAT YOU ARE AT LEAST THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION. IF YOU ARE ACCESSING OR USING THE WEBSITE, OR PURCHASING PRODUCTS ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” WILL REFER TO SUCH ORGANIZATION. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE, OR PURCHASE ANY PRODUCTS FROM US.
THE WEBSITE, THE CONTENT AND THE PRODUCTS ARE NOT INTENDED TO BE A SOURCE OR MEDICAL ADVICE. YOU SHOULD SPEAK WITH YOUR HEALTHCARE PROFESSIONAL FOR INFORMATION REGARDING HEALTH-RELATED QUESTIONS. THE CONTENT ON THE WEBSITE OR ACCESSIBLE THROUGH THE WEBSITE SHOULD NOT BE CONSTRUED AS TAKING THE PLACE OF ANY ADVICE RECEIVED FROM YOUR HEALTHCARE PROFESSIONAL OR AS A SUBSTITUTE FOR SEEKING ADVICE, ASSESSMENT OR EVALUATION FROM YOUR HEALTHCARE PROFESSIONAL. ARRAE IS NOT RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BY YOU BASED ON CONTENT AVAILABLE THROUGH THE WEBSITE. SUCH CONTENT IS GENERAL IN NATURE, IS NOT COMMUNICATED TO YOU PERSONALLY, AND IS NOT INTENDED TO BE ADVICE OR INFORMATION TO BE RELIED UPON BY YOU NOR SHOULD IT BE. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY INFORMATION, INCLUDING ANY RELIANCE ON THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR APPROPRIATENESS OF SUCH CONTENT. DO NOT USE THE WEBSITE OR CONTENT TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM EXCEPT ON THE ADVICE AND SUPERVISION OF YOUR HEALTHCARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE WEBSITE.
YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE MAKING ANY DECISION OR USING ANY PRODUCT THAT MIGHT AFFECT YOUR PHYSICAL OR MENTAL WELL-BEING. THE PRODUCTS ARE NOT PRESCRIBED MEDICATION AND SHOULD NOT BE TAKEN AS A SUBSTITUTE FOR MEDICALLY SUPERVISED THERAPY. BEFORE USING ANY PRODUCT, WE STRONGLY ENCOURAGE YOU TO, AND IT IS YOUR RESPONSIBILITY TO, CONSULT WITH YOUR HEALTHCARE PROFESSIONAL REGARDING ANY POTENTIAL INTERACTIONS BETWEEN ANY MEDICATION YOU ARE CURRENTLY TAKING AND THE PRODUCTS. PLEASE CAREFULLY READ ALL INFORMATION PROVIDED WITH THE PRODUCTS, INCLUDING LABELLING AND PACKAGING. IF YOU EXPERIENCE A REACTION OF ANY KIND TO THE PRODUCTS, OR IF A MEDICAL CONDITION OTHERWISE ARISES OR PERSISTS, YOU SHOULD SEE YOUR HEALTHCARE PROFESSIONAL IMMEDIATELY.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
These Terms are effective on the earlier of the date (a) you click to accept these Terms, or (b) purchase any Product, or otherwise use the Website. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and Arrae occur, electronically. You acknowledge the Arrae privacy statement located at <https://www.arrae.com> (the “Privacy Statement”) as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Statement.
- We have made commercially reasonable efforts to display, as accurately as possible, the colours and images of our Products however, we cannot guarantee that your computer monitor's display of any colour will be accurate. You also acknowledge that despite our efforts, there may be reasonable variances between the images on our Website and the Products that you receive.
- Certain Products may be available exclusively online through the Website. These Products may have limited quantities and are subject to return or exchange only according to the Arrae return policy available at <https://www.arrae.com/pages/shipping-delivery> (“Return Policy”). We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product that we offer for sale. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of Arrae. We reserve the right to discontinue any Product at any time.
- We also reserve the right to refuse any order that you place with us.[We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Arrae account, the same credit card, and/or orders that use the same billing and/or shipping address.]In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Arrae will arrange for third party delivery of the Products with a third-party courier to your designated destination but shall not bear any risk of loss for the Product following Arrae’s delivery of such Product to the designated third-party courier. For greater certainty, you shall bear all risk of loss for the Product once such Product has been delivered by Arrae to the designated third-party courier. Arrae does not guarantee shipment or delivery by a certain date or time. Arrae shall not be liable for any loss or damage of any kind which results from delay in shipment, delivery, or failure to give notice of delay. We reserve the right to backorder any Product and to ship from backorder in such order as we determine. For more detail, please review our Return Policy.
- License to Use Your Feedback. You grant to Arrae and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.
Third Party Services. While some services are provided by Arrae, the Website and Content also allow you to access Third Party Services. You are responsible for all fees and taxes that may be charged for the use of Third Party Services outside of the Website. Your use of any Third Party Services is at your own risk. Arrae makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. Arrae does not guarantee the continued availability of Third Party Services, and Arrae may disable a Third Party Service in Arrae’s sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. Accordingly, Arrae expressly disclaims responsibility and liability for all Third Party Services, and you agree that Arrae shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly. Where you use a Third Party Service, you authorize us to provide basic account information to the provider of the Third Party Service to allow the provider of the Third Party Service to contact you.
Third Party Content When you use Third Party Services, content is provided by providers of Third Party Services and other third parties (collectively, “Third Party Content”). You use any Third Party Content at your own risk. Arrae makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Content. Arrae does not guarantee the continued availability of Third Party Content, and Arrae may disable or remove any Third Party Content in Arrae’s sole discretion. Arrae expressly disclaims responsibility and liability for all Third Party Content, and you agree that Arrae shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Content.
Links to Other Sites. The Website or Content may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not been reviewed by Arrae and are maintained by third parties over which Arrae exercises no control. Accordingly, Arrae expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
- Fees and Payment.
- Our fees are subject to change without notice, and we make no guarantee that a previously quoted fee will be available at the time an order is placed. Payments will be processed on behalf of Arrae by a third-party payment processor. Upon submitting your order, your information will be sent to the third-party payment processor. Arrae (or a third party payment processor on our behalf) will invoice you on a per transaction basis for all fees due with respect to any Products you purchase through the Website, as well as any processing fee charged to Arrae by our third party payment processor, if applicable. You are responsible for and agree to pay promptly, all fees relating to Products that you purchase through the Website. Personal information that you submit during the payment process is subject to our Privacy Statement. You agree and accept responsibility for keeping all your billing and shipping information current, including your address, payment information, telephone number and email address. You represent to Arrae and Arrae’s third party payment processor that you have the right to use any credit card or other means of payment that you provide to us and that all billing information you provide is truthful and accurate.
- Fees are exclusive of, and you are responsible for payment of, all taxes, levies, duties, tariffs, assessments, export and import fees, or other similar local, state, provincial, federal or foreign jurisdiction governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes imposed by any jurisdiction arising from the payment of the fees or Arrae’s provision of the Website, Content or Products, except taxes based on Arrae’s income, property or employees (collectively, the “Taxes”). If Arrae has the legal obligation to pay or collect Taxes for which you are responsible under this section, Arrae will invoice you and you will pay that amount unless, prior to your purchase, you provide Arrae with a valid tax exemption certificate authorized by the appropriate taxing authority. You will make all payments of fees to Arrae without reduction for any withholding taxes, except as required by law, and any such taxes imposed on payments of fees to Arrae will be your sole responsibility and your shall increase the amount payable as necessary so that after making all required deductions and withholdings, Arrae receives an amount equal to the amount it would have received had no such deductions or withholding been made. Further, you will provide Arrae with official receipts issued by the appropriate taxing authority, or such other evidence as Arrae may reasonably request, to establish that such taxes have been paid.
- Disclaimer of Warranties; Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE WEBSITE, CONTENT AND PRODUCTS IS AT YOUR OWN RISK. ARRAE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARISING AT LAW OR IN EQUITY, IN CONNECTION WITH THE WEBSITE, CONTENT AND PRODUCTS INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARISING AT LAW OR IN EQUITY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, NON-INFRINGEMENT OR THOSE ARISING OUT OF COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE.
ARRAE MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR CONTENT ARE OR WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT THE WEBSITE WILL BE SECURE, OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF MALICIOUS CODE. ARRAE IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE WEBSITE. ARRAE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY SERVICES, THIRD PARTY CONTENT, OR THIRD-PARTY WEBSITES OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE OR CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO DISCONTINUE USE THEREOF.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ARRAE (OR ARRAE’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS OF THIRD PARTY SERVICES AND THIRD PARTY CONTENT) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO THE WEBSITE, CONTENT, PRODUCTS, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) $100. ANY ACTION COMMENCED BY YOU AGAINST ARRAE MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION ARISING.
IN NO EVENT WILL ARRAE (OR ARRAE’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS OF THIRD PARTY SERVICES AND THIRD PARTY CONTENT) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT (INCLUDING UNDER AN INDEMNITY), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE OR ANY PRODUCT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT, INCLUDING, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
- Indemnity.You will indemnify and hold Arrae (and Arrae’s directors, officers, employees, partners, suppliers and agents, and the providers of Third Party Services and Third Party Content) harmless from all Losses arising from your use of the Website, Content, or your breach of any of these Terms, or your purchase or use of any Product, and from all Losses resulting from any Comment that is untrue, inaccurate or incomplete.
- Termination and Suspension. If you fail to comply with these Terms, then, without limiting any other right or remedy available to Arrae, Arrae may suspend or terminate your license to use all or any part of the Website, with or without notice to you, and without any liability to you or any other person. If Arrae terminates or suspends your license to use all or any part of the Website, then these Terms will nevertheless continue to apply in respect of your use of the Website or Content, or purchase of Products prior to such termination or suspension.
- Export Controls.These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America or Canada of any of the Content or Products, or any information about any of them, which may be imposed from time to time by the governments of the United States of America or Canada. You shall not export any of the Content or Products, or any information about any of them without the prior written consent of Arrae and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
- Governing Law and Jurisdiction.These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Website, the Content or the Products, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and Arrae each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (i) you agree that Arrae shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (ii) you agree that Arrae shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order
- Injunction. You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to Arrae, such harm would not be quantifiable in monetary damages, and Arrae would not have an adequate remedy at law. You agree that Arrae shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Arrae post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Arrae to enforce any provision of these Terms.
- Class Action Waiver. Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Website or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Arrae will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
- Amendments, Errors, Inaccuracies and Omissions
- We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “last revised” notice at the top of this document shall be amended to reflect the last date of such changes. We will notify you in advance of any changes to these Terms, which may occur by email to your email address or by notifying you online through posting the changes to the Website. The changes will become effective thirty (30) days after that day on which you are so notified or, if later, the specified effective date. For certainty, prior use of the Website, including purchases of Product, under an earlier version of the Terms will continue to be subject to the version of the Terms that was in effect at that time. You acknowledge that a new contract is formed between you and us each time you purchase Product through the Website based on the version of the Terms that is presented at the time of that purchase, which may be different from the current or previous versions of these Terms. If you object to the Terms presented to you at the time of your purchase, you must not use the Website or the purchase of any Product.
- We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Website or the Product, including: (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Website; (b) removing, adding, modifying or otherwise changing the purchase price of the Product or any other fees or charge arising out of use of or purchase of Product or use of the Website; and (c) removing, adding, modifying or otherwise changing the list of Products available for sale on the Website or the features and functionality of the Website. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website or the Content at any time without notice but confirm that we have no duty to do so.
- Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or regarding the Product is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Website, Content or Product, including pricing information, except as required by law. No specified update or refresh date applied in the Website, should be taken to indicate that all information in the Website (including the Content) has been modified or updated.
- Notices.All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at <firstname.lastname@example.org>. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through the Website to inform you of changes or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Questions about these Terms should be sent to us at <email@example.com>.
- Entire Agreement. These Terms, together with any Additional Service Terms, represent the entire agreement between you and Arrae with respect to use of the Website and Content, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and Arrae with respect to any of the foregoing.
- General.If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of Arrae granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. Failure by Arrae to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by Arrae of that or any subsequent default or failure of performance. Arrae’s affiliates, Arrae’s directors, officers, employees, partners, suppliers and agents, and Third Party Services and Third Party Content, are third party beneficiaries of the sections titled “Disclaimer of Warranties; Limitation of Liability” and “Indemnity”. There are no other third party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of Arrae. Arrae may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and Arrae and your and its respective successors and permitted assigns.
Language.Il est convenu par le présent acte que les parties demandent que ce contrat et tout avis, consentement, autorisation, communication et approbation soient rédigés en langue anglaise. It is hereby agreed that the parties specifically require that these Terms and any notices, consents, authorizations, communications and approvals be drawn up in the English language.