HOUSE OF COMBAT TERMS OF USE
Last updated: April 18, 2023
These Terms of Use form an agreement between you and House of Combat Ltd. (“we”, ”us”, “our”). The Terms of Use govern your access to and use of, including any text, pictures, media, data, information, content, records, files or other materials (collectively, the “Content”) contained on or provided through, the website located at www.houseofcombat.ca (the “Website”).
BY USING THE WEBSITE IN ANY WAY YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE WEBSITE IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
YOU MAY NOT ACCESS THE WEBSITE FOR PURPOSES OF MONITORING AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any, services, products, applications or otherwise.
CHANGES TO THESE TERMS OF USE AND THE WEBSITE
Except where prohibited by applicable law, we reserve the right to change any element of these Terms of Use at any time with immediate efficacy. When we change these Terms of Use, we will: (i) place a notice on the Website, send you an email, and/or notify you by some other means as required by applicable law; (ii) post a new version to the Website; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Website. Otherwise, your continued access to or use of the Website after any changes to these Terms of Use indicates your acceptance of such changes.
Except where prohibited by applicable law, we reserve the right to change any element of the Website at any time, without notice. We may, at our discretion, suspend your access to or use of the Website or any component thereof: (i) for scheduled maintenance; (ii) due to a force majeure event; (iii) if you are delinquent in your payment of fees to House of Combat under any agreement, if applicable; (iv) if House of Combat believes in good faith that you have violated any provision of these Terms of Use or any other responsible use guidelines we provide to you or are posted on the Website; (v) to address any emergency security concerns; or (vi) if required to do so by a regulatory body or as a result of a change in applicable law.
House of Combat may engage third parties, including cloud service providers, to provide the Website.
USER ACCOUNT
To access certain features of the Website, including enrolling in classes and programs, you will be required to successfully sign up for a user account using, and select a username and password login credentials (the “User ID”).
If you select a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.
You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Website.
We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the Website (or any portion thereof).
House of Combat is entitled to act on instructions received through your account. House of Combat is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all purchases and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Website and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Website under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use.
ELECTRONIC COMMUNICATIONS
When you use or view the Website or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By creating an account to access the Website, you acknowledge that House of Combat will send you service-related e-mails relating to your account, including service updates. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using the Website. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications exchanged or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption.
If you are a member of our mailing list you will also receive email communications from us regarding our products, services and initiatives (including collaborations and partnerships). If you do not wish to receive these communications, you can unsubscribe from such promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications. Users who unsubscribe from receiving such promotional communications may continue to receive certain transactional and/or account-related communications.
By using the Website, you acknowledge and agree that House of Combat will be transmitting certain of your Personal Information electronically.
You acknowledge and agree that you are solely responsible for providing House of Combat with accurate contact information, including your mobile device number and email address, where we may send communications in accordance with these Terms of Use and our Privacy Policy.
USER DATA AND PRIVACY
YOU GRANT US A NONEXCLUSIVE, WORLDWIDE, ROYALTY-FREE, IRREVOCABLE, SUBLICENSABLE, AND FULLY PAID-UP RIGHT TO ACCESS, COLLECT, USE, PROCESS, STORE, DISCLOSE AND TRANSMIT ANY TEXT, PICTURES, MEDIA, DATA, INFORMATION, CONTENT, RECORDS OR FILES OR OTHER MATERIALS (“CONTENT”) THAT YOU LOAD, SUBMIT, TRANSMIT TO OR ENTER INTO THE WEBSITE, OR THAT YOU OTHERWISE TRANSMIT TO House of Combat IN CONNECTION WITH THESE TERMS OF USE (“USER DATA”) TO: (I) PROVIDE THE WEBSITE AND OTHER SERVICES; (II) EXERCISE ITS RIGHTS AND PERFORM ITS OBLIGATIONS UNDER THESE TERMS OF USE, INCLUDING ENSURING YOU ARE COMPLYING WITH THESE TERMS OF USE AND ANY RESPONSIBLE USE GUIDELINES WE PROVIDE TO YOU OR ARE POSTED ON THE WEBSITE; AND (III) IMPROVE AND ENHANCE THE WEBSITE AND OUR OTHER OFFERINGS AND BENCHMARK THE FOREGOING AND FOR OTHER PURPOSES PERMITTED UNDER THESE TERMS OF USE.
Please review our current Privacy Policy, available at www.houseofcombat.ca/privacy-policy, which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”) and which is hereby incorporated into and forms a part of these Terms of Use.
OWNERSHIP OF THE WEBSITE
All right, title and interest, including intellectual property rights, in the Website, the source code in the software we use to provide the Website (the “Software”) and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of House of Combat (or our third-party suppliers, if applicable).
The Website and all materials provided by us hereunder are made available or licensed and not “sold” to you.
The Software and all other materials provided by us hereunder, including content we make available through or on the Website, are protected by copyright in Canada. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any of the Website, the Software or other materials provided by us hereunder, or sharing or granting access in any of the foregoing to any third party for any purpose.
Any use of third-party software provided in connection with the Website will be governed by such third parties’ licences and not by these Terms of Use;
“House of Combat” is the trade name and mark of House of Combat, Ltd. Any trademarks, graphics or logos appearing in or on the Website are the exclusive property of House of Combat (or its third-party suppliers) and may not be used in any manner without our express written consent.
All rights not expressly granted to you in these Terms of Use are reserved by House of Combat.
LICENSE TO THE WEBSITE
Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Website in accordance with these Terms of Use.
ADDITIONAL TERMS
Your access to and use of certain functionalities provided in or through the Website may be subject to additional terms and conditions presented to you by House of Combat or its service providers. Such additional terms and conditions are incorporated herein by reference. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency. If you do not purchase such additional functionalities or do not agree to such additional terms, you may not have access to, and you should not access or use, those functionalities.
These Terms of Use relate to the Website only and do not alter in any way the terms or conditions of any other agreement that may apply to your use of the Website or any services available thereon. For greater certainty, if there is a conflict or inconsistency between the terms and conditions of another written agreement you enter into with us and these Terms of Use, then the provisions of that other agreement will govern to the extent of such conflict or inconsistency.
YOUR RESPONSIBILITIES
You agree to:
use reasonable efforts to prevent unauthorized access to or use of the Website;
keep your User IDs and all other login information confidential;
not register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity;
monitor and control all activity conducted through your account in connection with the Website;
upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law;
promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account;
not use anyone else’s User ID at any time, without the permission of the User ID holder;
not attempt, in any manner, to obtain the password, account, or other security information from any other user; and
comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data and privacy laws. Except as authorized by applicable law, you agree not to export, re-export or transfer the Website or any part thereof to any country, person, entity or end user subject to applicable export controls or sanctions. For greater certainty, you are responsible for complying with all applicable trade restrictions, regulations and laws both foreign and domestic.
NO UNLAWFUL OR PROHIBITED USE
You will not use the Website in violation of these Terms of Use, or any responsible use guidelines we provide to you or are posted on the Website, or of any applicable law, or in the case of third-party materials, websites or content accessed through or provided with the Website or any House of Combat services, the applicable third-party license agreement. You will not, without our prior written permission, use the Website for any purpose other than to access and use the services we make available through the Website. You acknowledge and agree that the Website has been designed for personal use and you represent and warrant to and covenant with House of Combat that you will not use the Website for commercial purposes. Without limiting the generality of the foregoing, you further represent and warrant to and covenant with House of Combat that you will not (and will not attempt to) directly or indirectly:
disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial-of-service attack);
attempt to gain unauthorized access to the Website, or bypass any measures we may use to prevent or restrict access to the Website, attempt to circumvent the intended features, functionality or limitations of the Website, or otherwise use, copy, distribute, or make available the Website to permit timesharing, service bureau use or commercially exploit the Website;
send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Website any data, information, pictures, videos, audio or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability; (viii) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; or (ix) contains information about an identifiable individual, other than as required by House of Combat: (A) to provide support services as further set out in the applicable Subscription Agreement; or (B) as part of its onboarding process as further set out in Section 2 (User Account);
use the Website in a manner which, in the opinion of House of Combat would tend to bring House of Combat or any of its trademarks into public disrepute, contempt, scandal or ridicule, would adversely affect the reputation or goodwill of House of Combat or any of its the trademarks, or adversely affect the relationship between House of Combat and any of its licensors or other customers;
use the Website to store or transmit material that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, obscene, or otherwise objectionable or unlawful;
use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Website or any part thereof or otherwise attempt to discover any source code;
remove or obscure any proprietary notices or labels on the Website, including brand, copyright, trademark and patent or patent pending notices;
use the Website or any Content that You receive through or from the Website for the purpose of building a similar or competitive product or service;
perform any vulnerability, penetration or similar testing of the Website;
advertise to, or solicit, any user to buy or sell any third party products or services, or use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior express consent;
use the Website or any part thereof to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services, promoting any website, or use any paid advertising platform to promote links that direct to the House of Combat domain or use the House of Combat trademark;
run Maillist, Listserv, any form of auto-responder or “spam” on the Website, or any processes that run or are activated while you are not logged into the Website, or that otherwise interfere with the proper working of the Website (including by placing an unreasonable load on the Website’s infrastructure);
publish, market, advertise or in any way distribute the Content;
share, transfer or otherwise provide access to an account designated for you to another person;
copy or store any significant portion of the Content;
use the Website or Content to stalk, harass or harm another individual;
mirror or frame the Website or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or
authorize, permit, enable, induce or encourage any third party to do any of the above.
COMMUNICATIONS NOT CONFIDENTIAL
We do not guarantee the confidentiality of any communications made by you through the Website. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.
FEEDBACK
You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable licence to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. Except as prohibited by law, you hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.
THIRD-PARTY CONTENT, WEBSITES OR SERVICES
The Website may provide links or access to third party content, websites, or services, such as an online booking platform used to sign up for and attend our classes and programs. Likewise, we may allow you to access the Website from third party systems. House of Combat does not endorse any third-party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under House of Combat’s control, and if you choose to access any such content, websites, or services, or to access the Website from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.
Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law House of Combat is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
MALICIOUS CODE AND SECURITY
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Website is compatible with your computer system or mobile device or that the Website, or any links from the Website, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Website.
DISCLAIMER
THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WEBSITE AND SERVICES THEREON ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES OR CONDITIONS PROVIDED IN AN APPLICABLE SUBSCRIPTION AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND SERVICES PROVIDED THEREON, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE WEBSITE AND SERVICES PROVIDED THEREON ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY MATERIALS, WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE WEBSITE. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS, WEBSITES OR CONTENT IS STRICTLY BETWEEN CUSTOMER AND THE THIRD PARTY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICE PROVIDERS AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “HOUSE OF COMBAT PARTIES”), BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES (COLLECTIVELY, “LOSSES”), IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE WEBSITE OR THE INABILITY TO MAKE USE OF THE WEBSITE, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS AND USE OF THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE, EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
Without limiting the foregoing, under no circumstances will any of the House of Combat Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
INDEMNIFICATION
You will defend, indemnify and hold harmless the House of Combat Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
your use (or the use by any third party using your User ID) of the Website or services provided thereon (except to the extent prohibited by law);
your breach of any provision of these Terms of Use or any documents referenced herein;
your violation of any law or the rights of a third party (including intellectual property rights);
your User Data; or
any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Website.
House of Combat reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the Website.
TERM AND TERMINATION; SURVIVAL
These Terms of Use will commence on the day you first use or access the Website and will continue for as long as you use the Website or until terminated in accordance with the provisions of these Terms of Use. At any time, House of Combat may: (i) suspend or terminate your rights to access or use the Website, or (ii) terminate these Terms of Use, in House of Combat’s sole discretion, for any reason, including if House of Combat in good faith believes that you have used the Website in violation of these Terms of Use or any responsible use guidelines we provide to you or are posted on the Website, or have engaged in fraudulent activity. You may terminate these Terms of Use at any time and with immediate effect by requesting by email that your User ID be deleted and ceasing use of the Website. For greater certainty, if you continue to use any portion of the Website after these Terms of Use have been purportedly terminated by you as described above, these Terms of Use will continue to apply to the extent of such use. In the event of termination, you are no longer authorized to access the Website.
The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 4 (User Data and Privacy), 5 (Ownership of the Website), 7 (Additional Terms), 10 (Communications Not Confidential), 12 (Third Party Content, Websites or Services) 13 (Malicious Code and Security), 14 (Disclaimer), 15 (Limitation of Liability), 16 (Indemnification), 17.2 (Survival), and 18 (General Provisions).
GENERAL PROVISIONS
Choice of Law. Except as restricted by applicable law, these Terms of Use 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), and such laws apply to your access to or use of the Website notwithstanding your physical location. You will only use the Website in jurisdictions where the Website may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario in all disputes arising out of or relating to the use of the Website. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
Entire Agreement. These Terms of Use and any applicable agreement entered into by you and House of Combat that references these Terms of Use, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website and services provided thereon.
Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
Dispute Resolution. If you believe that House of Combat has not adhered to these Terms of Use, please contact House of Combat using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
CONTACT
If you have any questions or comments regarding these Terms of Use, please contact us at houseofcombat@gmail.com