Terms of Service - DigiRealty Technologies

DashQ Terms of Service

1. Introduction

Welcome to DashQ. Please review these Terms of Service carefully since they govern your relationship with DashQ.

Specifically, these Terms of Service constitute a legal contract (the “Agreement”) between you and Digirealty Technologies Inc. (“DashQ.io”, “we” or “us”) that govern your use of:

DashQ.io main interface/web application.
Applications and related application programming interface (which may also include data made available in JSON format via HTTP, a data feed in XML format via HTTP and/or any data powering an embedded widget, collectively, the “API”); and
any related applications and features offered via the Sites or API, (collectively, the “Services”).

Please note that this Agreement also incorporates by reference and specifically includes

I. the terms of any Order Form, Statement of Work, or similar agreement you have entered with DashQ (whether by signature, click-through and/or payment of an invoice (each a “Order Form”) that references these terms

II. our Privacy Policy

III. any other additional terms, guidelines or policies conveyed directly to you via the Services and

IV. any modifications to any of the foregoing that we make and publish to the Site.

By downloading, accessing, browsing, or using any part of the Services, you are agreeing to the terms of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to access or use the Services.

2. IMPORTANT LEGAL ITEMS

a. API Services

Your access to and use of DashQ’s API and all Services provided therewith (together the, “API Services”) is subject to the additional terms and conditions set forth at the end of these terms. Please see “API SERVICES ADDENDUM”.

b. Disputes

We sincerely hope to resolve any issues that may arise directly with you, to your satisfaction. However, if necessary, this Agreement (i) requires all matters to be settled by binding, individual arbitration or via small claims court and (ii) includes a waiver of certain rights, including the ability to form class actions. Please see “Dispute Resolution; Arbitration, No Class Actions” for more.

c. Updates to These Terms

We may modify these Terms and post a copy of the amended Agreement at DashQ Terms of Service. You should check there periodically for changes. When practically possible, we will use reasonable efforts to notify you of any material changes to your rights via additional methods, such as via the Service and/ or by sending a notice to the email address last associated with your account. By accessing the Service after updates to the Agreement are posted, you agree to be bound by the updated terms.

d. Privacy

By agreeing to these terms, you also agree to the terms of our Privacy statement, relative to any data that we may collect, store and use via the Site and the Service. Please review it carefully. By creating a Services account, you consent to receive service-related communications from us. We may also send you promotional communications via email. If we do, you may opt out of receiving promotional emails and you can also contact our customer care to adjust your messaging preferences. Our Privacy Policy will also govern our collection, storage and use of any User Data (as defined below) or personal or non-personal information that we may collect from or about any other persons via the Services.

3. The Services

a. Generally

The Services connect property management companies, landlords and owners with potential and current renters, and facilitates information management, communications and other interaction between all parties involved in the marketing, management and rental of real property. Certain elements of the Services may only be accessible via use of our API and/or via the agreement to additional Order Form terms.

The Services are primarily intended for use by property management companies, landlords and owners, real estate brokers, agents and potential renters and we may offer different tiers of Services, including at different price points and with different features and functionality, to our varying user base. We may also offer geographically distinct or limited versions of the Services.
The Services that you sign up and register for will be the only version of the Services that you are entitled to access.

DashQ does not:

broker, lease, or sublease or offer to broker, lease or sublease, or own apartments directly and is not a party to any transaction between landlords (including, as applicable, property management companies and/or property managers) and renters,
guarantee or ensure any apartment or any transaction between a renter and landlord,
execute any lease or sublease on behalf of renters or landlords
act as a property manager or broker.
guarantee any results from using the Services.

b. Registration and Security

As a condition to using the Services, you must have a connected device that meets our then-current operating requirements. Additional requirements may be applicable for additional services, such as the API Services. You may also be required to create a Services account and provide certain registration information to us. You agree that any information that you provide to us (at registration or otherwise) will be accurate, complete, and that you will keep it up to date. Your failure to do so will constitute a breach of this Agreement, which may result in termination of your access to and use of the Services. You agree to immediately notify us of any suspected unauthorized use of your account or any breach of your accounts or the Service’s security. We may refuse Service membership or access to anyone.

You are responsible for maintaining the confidentiality of your DashQ password and account and for all activities that occur in connection with these.

e. Service Changes

DashQ may change, suspend, or discontinue the Services for any reason, at any time, including the availability of any feature or Content. DashQ may restrict your access to parts or all of the Services without notice or liability. If at any time you do not agree to these terms and conditions, you must terminate your use of the Services. You will remain liable for any obligations incurred or charges accrued on or before the date of termination.

f. Availability; Disclaimer

While DashQ intends to make the Services available on twenty-four hours a day, seven days a week basis, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure service providers or other backend components, of telecommunications links and equipment or other circumstances outside of DashQ’s reasonable control. DashQ intends to take reasonable steps to minimize such disruption where practically possible, at DashQ’s discretion. However, DashQ will not be liable in any event to you or any other party for any suspension, modification, discontinuance, or lack of availability of the Site, the Services, DashQ Content or Your User Content (each as defined herein), your DashQ Site (as defined herein), and/or the API.

4. Charges

a. Free Services

Certain aspects of the Services may be made available to you for free. However, we do not guarantee to offer or maintain any free Services tiers and we may add charges to existing tiers at any time upon notice.

b. Paid Services

When you order any paid Services, the fee terms will be presented to you within the Services, prior to your purchase. At that time, we may communicate additional terms relating to your purchase. Any such terms will become a part of this Agreement. If you do not agree to any such term, your only remedy is not to complete the order. All amounts due will be paid in CAD Dollars. However, we will not increase pricing for any Services that you are currently receiving unless we provide notice to you via email with an option for you to opt-out and cancel your membership.

c. Subscription Service

Automatic Renewal. Most of our Services, including our web-application, data and API Services are subscription-based and automatically renew until either party terminates. This means that (i) we will automatically charge you a recurring membership fee for the period stated during your purchase path or in your Order Form and (ii) your subscription membership will automatically renew, for the same period as the initial term, unless you notify us in writing, at least thirty (30) days prior to the then-current termination date. Unless your online purchase path or Order Form specifies otherwise, your subscription Services will be for an annual term and will continue until you or we terminate as per your agreement. You agree to be charged by DashQ automatically on a recurring basis as indicated in your agreement.

Pricing; Automatic Increases. Your initial subscription Services will be charged as set forth in your Order Form. Upon the automatic renewal of any term of Services that is at least 12 months and upon any subsequent 12-month renewal period, we may automatically (without advance notice to you) increase the price of your subscription Services by up to 10% of the prior rate (excluding any taxes) for your renewal term. You hereby agree to any such increase as a condition to our allowing your membership to renew. Any such increase will be communicated to you after you have renewed but you can always contact us prior to your membership expiration date to find out what, if any, mandatory pricing increase will be in your subscription renewal.

Other Membership Changes. In addition to our automatic price increases, we may seek to further increase your subscription pricing or otherwise change your subscription terms but, in that case, we will notify you and you may decline to accept such change and terminate your membership.

Non-Renewal Notice. You can send us your non-renewal notice for your subscription membership by emailing us at billing@DashQ.io at least thirty days prior to your membership expiration.

d. Payment

Your Order Form or online purchase path will state whether your Services will be payable automatically or via an invoicing process.

Automatic Billing. For automatic billing, by providing a credit card or other payment method that we accept, you authorize us (or our third-party payment processor) to charge your payment method for the total amount of any order made to your Services account. We may issue a charge authorization after you place your order and charge you at a later point and/or we may charge you immediately upon purchase. If your payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be refused, suspended, or cancelled. If you want to change or update your payment information, when you make your next purchase, you can choose to add a new card or payment method and swap it at that time. You may also contact our customer care at support@DashQ.io.

Invoiced Billing. For Services billed via invoice, unless we expressly agree otherwise on your Order Form, your payment will be due twenty (20) calendar days from the date of the invoice. You may also contact our billing department at billing@DashQ.io

Payment of Fees. Client will pay DashQ the fees as set forth on the Order Form or Statement of Work (the “Fees”). All payments are due twenty (20) calendar days from the date of the invoice. Overdue amounts will be subject to interest of 1.5% per month until payment in full for such amounts is received. All Fees paid are non-refundable. If Client elects to pay via credit-card or other third-party payment platform, then a three percent (3%) processing fee shall apply. DashQ and/or its third-party payment platform may store Client’s payment information unless otherwise directed, and DashQ shall maintain authorization to bill and charge Client’s credit card during the duration of this Agreement. During the term of this Agreement, Client shall remain responsible for updating expiration date and other payment-related information. In the event Client fails to update billing information or otherwise fails to pay amounts due, Client remains responsible for any uncollected amounts or fees due under the agreement. In the event of any dispute concerning the terms and provisions of this Agreement, including any action instituted to enforce this Fees provision, then the prevailing party shall be entitled to all costs incurred, including collection agency costs and reasonable legal fees.

e. No Refunds

Any fees payable hereunder are not refundable and you will remain liable for any obligations incurred or charges accrued before your Services are terminated. Further, you will not be permitted to re-activate a terminated Services account if you have any outstanding, owed payment obligations, until you repay such obligations (see “Termination”).

5. Content

Content provided or presented to you via the Services (“Content”) shall include DashQ Content and User Content, as defined herein.

a. Your User Content

Any content that you provide to us or that we collect in or through your use of the Services is your “User Content”. As between you and DashQ, DashQ agrees that you own and will retain all right, title and interest to your User Content. However, you agree that DashQ will be permitted to use any User Content that it collects in performance of the Services completed herein.

b. DashQ Content

Any content, data or other information provided or otherwise made available to you via the Services and all other content, data and information collected by DashQ through the DashQ Services shall be “DashQ Content”. For ownership purposes, DashQ Content does not include and is separate from your User Content (as defined above).

c. Feedback

Any feedback relating to the Services, including but not limited to, questions, comments, or suggestions about the Services, (“Feedback”) submitted to DashQ shall become the property of DashQ, and you hereby assign any and all rights in the Feedback to DashQ as consideration for access to the Services. DashQ will not be required to treat any Feedback as confidential and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in our future Services or operations.

6. Our Licenses to You

a. The Services

The Services are licensed, not sold, to you for use only under the terms of this Agreement. This license granted to you is limited to a non-exclusive, non-transferable, limited license to use the Services for the Permitted Purpose during the term of the Agreement. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original version of the Services unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. DashQ Content – Your Limited Rights, Restrictions and Limitations

DashQ hereby grants to you during the term of the Agreement, a non-exclusive, non-transferable, revocable, limited, royalty-free (except for any charges and fees that may apply) license, in each case, solely if and only as may be authorized by your Order Form, to (i) if allowed by your Order Form, display all DashQ Content within your internal database and print and/or transmit DashQ Content electronically and/or (ii) if allowed by your Order Form, display certain DashQ Content, on your website and/or public-facing mobile applications. In all cases, you will not (i) use any DashQ Content in a manner that is not contemplated and expressly authorized by your Order Form, (ii) copy or store any significant portion of the DashQ Content in any form or create derivative works of the DashQ Content; (iii) modify DashQ Content, except solely to the extent necessary to fit the format and “look and feel” of the Services on your platform on which the DashQ Content is displayed; (iv) use the DashQ Content in a manner that violates any applicable laws or regulations; or (v) use the DashQ Content in combination with any third party content or data (excluding your User Content, as permitted hereunder), for any commercial purpose or in any manner not expressly approved by DashQ in writing.

c. Our Marks

Solely if and only as may be authorized by your Order Form, DashQ hereby grants to you during the term of the Agreement, a non-exclusive, revocable, worldwide, fully paid up, royalty-free license to publicly display the DashQ Marks as part of your use of the Services where DashQ Content is displayed or delivered, subject to DashQ’s prior written approval in each instance. You must comply with any branding guidelines that DashQ may provide to you from time to time, and shall prominently display DashQ Marks on all components of Your Services (e.g., purchased applications or services) that presents or delivers any content, data or other information provided or otherwise made available to you under this Agreement.

d. Open Source Software

Certain items of software that comprise part of the Services platform may be subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this Agreement. Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms of any applicable end user license for the Open Source Software. If required by any such license, DashQ makes such Open Source Software, and DashQ’s modifications to that Open Source Software, available by written request.

e. Rights Reserved

Except as expressly set forth herein, you are not granted any other rights in or to the API, the DashQ Content, the DashQ Marks, or any other intellectual property owned or licensed by DashQ. All rights not expressly granted herein are reserved

9. Your Commitments

a. Specific Commitment

To maximize our ability to successfully provide the Services to you, you agree to:

provide such materials or information as DashQ may reasonably request to carry out the DashQ Services in a timely manner and ensure that the foregoing is complete, current and accurate;
provide content that is to the best of your knowledge complete, truthful, and accurate;

d. Restrictions; Prohibited Uses and Behaviors

You understand and hereby acknowledge and agree that you may not and warrant that you will not (nor will you permit any third party to) do any of the following:

use the Services, any DashQ Content, or any analysis from or derived from the same to create or aid any business that is competitive with the Services; nor may you attempt to do any of the same with any third party or via any means;
separately extract and provide or otherwise use data elements from the DashQ Content to enhance the data files of third parties.
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services, the Site, the API or any software, documentation in any way through any medium or otherwise use any of the Services, Site or API in such a manner so that the Services, Site or API or any element thereof appear to be part of your or a third party’s website (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law);
transmit any viruses, malware, Trojan horses, time bombs, or any other similar harmful software via or in connection with the Services, the API or the Site or otherwise;
embed the Services within your or a third-party website in a manner that violates any of our guidelines and/or that is designed to make it appear that you are the provider and owner of the Services;
create or disclose metrics about, or perform any statistical analysis of, the API, DashQ Content, and/or DashQ Services for competitive purposes;

10. No Warranty; Disclaimers

DashQ has no special relationship with or fiduciary duty to you. You acknowledge that DashQ has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DashQ from all liability for your having acquired or not acquired Content through the Services. DashQ is neither an agent of nor is connected with any individual or business with which users interact through the Services. DashQ does not control any entity with which you may interact through the Services, and accepts no responsibility or liability for any act, omission or Content posted on the Services by any such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against DashQ with respect to acts and omissions by such entities. DashQ makes no representations or warranties concerning any property listed on the Services and is not liable or responsible for any property you encounter through the Services.

THE SERVICES, CONTENT, API, SITE AND ANY DASHQ SITE, OR SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, DASHQ DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT DASHQ IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA RESULTING FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT ON THE SERVICES; (4) THE INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY COMMUNITY AREA OF THE SERVICES; AND (6) ANY USER’S VISIT TO, INTERACTION WITH OR TRANSACTION OF BUSINESS WITH AN INDIVIDUAL OR BUSINESS ENCOUNTERED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY HOSTING COMPANY OR OTHER VENDOR THAT WE INTRODUCE YOU TO IN RELATION TO THE WEBSITE SERVICES.

a. Third Party Sites and Services

Users of DashQ may gain access from the Services to third party sites on the Internet. Third party sites or services are not within the supervision or control of DashQ. DashQ makes no representations or warranties about any third-party site or resource and does not endorse the products or services offered by third parties. DashQ disclaims all responsibility and liability for content on third party websites. Any transactions or activity between you and any third-party site or resource are solely between you and the applicable third party. You hereby irrevocably waive any claim against DashQ with respect to third party content. Third party providers of ancillary services may require your agreement to additional or different license or other terms prior to your use or access of their sites or services. Any such agreement shall not in any way modify your Agreement here with DashQ. If you transact business with a third party you encounter through the Services, you agree such third party may share details of your transactions with them with DashQ.

b. Indemnity

You will indemnify and hold DashQ and any of its affiliates, their directors, officers, employees, investors, agents, and representatives harmless from and against all damages, losses, and expenses of any kind, (including reasonable legal costs and fees), from any claim, action or demand or arising out of (i) your access to or use of the Services and/or in relation to any activity you undertake as part of or resulting from your use of the Services, (ii) your use of any Content, (iii) your violation of this Agreement, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity.

c. Limitation of Liability

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES (TO THE EXTENT APPLICABLE, UNINSTALLING ANY SOFTWARE, API OR OTHER INTEGRATED ELEMENTS).

IN NO EVENT SHALL DASHQ, ITS AFFILIATES, AND ANY OF THEIR DIRECTORS, OFFICERS, INVESTORS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT.

DASHQ’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF $100 USD OR THE AGGREGATE AMOUNT(S) PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM.

e. Confidential Information

You acknowledge and agree that the terms of your Order Form, any other negotiations that we may enter into with you, any product feedback that you provide and any non-public product roadmaps or other information that we provide to you will be our confidential information. During and after the Term of this Agreement, you will not use (except for performance of this Agreement) or disclose any such confidential information to any party without our prior written consent and you will protect such information from public disclosure. You may, however, disclose any such confidential information only to those employees, advisors and agents of yours who have a need to know such information (and only to the extent necessary) in support of your business and who are bound by confidentiality and non-disclosure obligations at least as protective as those set forth herein.

f. Termination

In the case of any Services that are provided to you without charge, either party may terminate the Services at any time by notifying the other party by any means. We may take up to thirty (30) days to process your termination notice.

In the case of Services provided for charge, except as may be set forth otherwise in any Addendum hereto or in any Order Form, DashQ may terminate this Agreement for convenience, at any time and without penalty, by providing written mail or email notice to your last provided physical address or email. You may not terminate prior to the expiration of the term of your paid-for Services. As a reminder, any subscription services will automatically renew, unless you provide a written notice of termination to us at least thirty (30) days prior your subscription expiration date (see “Subscription Services”).

In the event you or we terminate your Agreement before the end of your current term, you will be responsible for all charges remaining on your Agreement. All charges remaining on your Agreement shall be due no later than 20 days after the date you communicate your termination to DashQ (“Due Date”), and you authorize DashQ to process payment for all unpaid charges remaining on your Agreement on such Due Date. In the event of any dispute concerning the terms and provisions of this Agreement, including any action instituted to enforce this Fees provision, then the prevailing party shall be entitled to all costs incurred, including collection agency costs and reasonable attorneys’ fees.

In all cases, DashQ may also at its sole option terminate or suspend any and all Services immediately, without prior notice or liability, for any or no reason, including without limitation if DashQ has a good faith belief that you have (i) breached any of the terms or conditions of this Agreement; (ii)repeatedly or purposefully posted inaccurate or outdated User Information; or (iii) failed to honor appointments booked using the Services. Upon any termination, your right to use the Services and access Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Upon termination of this Agreement for any reason (i) all licenses granted to you hereunder shall automatically terminate and you will (i) remove any of the Services implemented on your properties, (ii) delete any DashQ Content and DashQ Marks from the same and from your possession and (iii), to the extent applicable, you will either return to DashQ, or destroy and remove from all computers, hard drives, networks, and other storage media, all copies of any materials licensed pursuant to this Agreement and any DashQ Confidential Information in your possession; and upon request you will promptly certify in writing to DashQ that such actions have been taken.

Following any termination of Services, you will remain liable for any obligations incurred or charges accrued prior to the termination. As stated earlier, you will not be permitted to re-activate any terminated Services account (or open a new account) if you or anyone under your control still has a delinquent prior Services account.

Upon termination, we may, but will not be obligated to continue to store any of your User Content and other data relating to your account.

g. Dispute Resolution; Governing Law; Venue

You and DashQ agree that any dispute, claim or controversy arising out of or relating in any way to the Services, this Agreement and any Order Form or other agreement or understanding entered into between you and DashQ will be determined by binding arbitration (or, if we deem the amount to be small enough in small claims court, at our choosing). You agree that, by agreeing this Agreement, the Commercial Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement and the termination of your use of or membership to the Services.

To seek arbitration or to file a small claim court action against DashQ, you must first send to DashQ, by certified mail, a written notice of your claim, including a description of the basis for the claim and the relief being sought, to: General Counsel, Digirealty Technologies, 310 Miwate Suite 100, Ottawa, ON K1R 0E2. If we initiate arbitration, we will send a similar written notice to the email address used for your Services account. Following either party’s receipt of such a written notice, the parties agree to first use reasonable efforts to reach an amicable resolution to the claim. However, if the parties cannot reach an agreement to resolve the claim within 30 days after the notice is received, you or DashQ may commence an arbitration proceeding (or, at our discretion if we think the matter is small enough, file a claim in small claims court.)

The arbitrator will be bound by the terms of this Agreement. All issues will be for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless the parties agree otherwise, any arbitration hearings will take place in the greater Toronto area.

Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

YOU AND DASHQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

YOU AND DASHQ FURTHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE APPLICABLE STATUTE OF LIMITATIONS PERIOD. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflicts of law rules, and Canada. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by the Province of Ontario. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.