Last Updated March 2017

1. Introduction
2. Modification of the Services and Terms of Use
3. Eligibility and Access of Users
4. Third Party Materials and Agreements
5. Privacy
6. Content
7. Ownership
8. Modist Application License
9. Copyright materials: no infringing use
10. Feedback from our Users
11. General Prohibitions
12. Termination
13. Disclaimers
14. Indemnity
15. Limitation of Liability
16. Entire Agreement
17. Assignment
18. Notices
19. General
20. Disclosure


Introduction

Modist Inc. (“Modist”, or “we”) provides our users the ability to view curated material from the Internet, including social networking services (“SNSs”), in a unique way. The services offered by Modist include our software applications (including any updates, new versions or new releases) for mobile devices such as Apple’s iPad and iPhone (each a “Modist Application”), our website located at www.Modist.co (the “Site”) and any other services offered by Modist in connection with our Modist Application or the Site (any and all of the foregoing are referred to as the “Services”). The Services do not include any SNS or other third-party service you interact with via the Services.

You acknowledge and agree that by accessing or using the Modist Application, Site or Services, by downloading the Modist Application to any device, you are indicated that you have read, understand and agree to be legally bound by these terms of use. If you do not agree to these terms, please refrain from using the Services.

PLEASE READ THESE TERMS IN CONJUNCTION WITH MODIST’S PRIVACY POLICY AND COPYRIGHT POLICY.

Wherever used in these Terms of Use, “you”, “your”, “Customer”, “user” or similar terms means the person or legal entity accessing or using the Services.  If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.

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Modification of the Services and Terms of Use

Modist reserves the right to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the Modist Application or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms of Use. By continuing to access or use the Site or Services (including any Modist Application) after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must cease using the Services. No revisions to these Terms of Use will apply to any dispute between you and Modist that arose prior to the date of such revision.

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Eligibility and Access of Users

The Site, Services and Modist Content are intended solely for persons who are 13 or older. Any access to or use of the Site, Services and Modist Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and Modist Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the Site, Services and Modist Content.

In order to use certain current or future portions or functionalities of the Site, Services or Modist Content, you may be required to register for a user name and password (creating a “Modist Account”). Modist reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Modist’s sole discretion and without any liability to you.

You are responsible for maintaining the confidentiality of your Modist Account in order to use the Services, and are fully responsible for all activities that occur through your Modist Account. You agree to notify Modist immediately of any unauthorized use of your Modist Account or any other breach of security with respect to your Modist Account. Modist will not be liable for any loss or damage arising from unauthorized use of your Modist Account prior to you notifying Modist of such unauthorized use or loss.

You agree to provide accurate, current, complete and non-misleading information to Modist in connection with your creation of a Modist Account and during your use of the Services. Modist reserves the right to suspend or terminate your access to the Site and/or Services if any information provided to Modist in connection with your Modist Account or use of the Site and/or Services proves to be inaccurate, not current, incomplete or misleading. If messages sent to an email address provided by you and associated with your Modist Account are returned as undeliverable, Modist reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party. You agree that you will not use the Modist Application to access or use third party services to which you do not have the right to access.

If you are not a registered Modist App User, then you may be permitted to browse all areas of the Site or use the parts of the Services that are not limited to Modist App Users only, except as otherwise limited by the functionalities of the Site or Services (e.g., a Modist Account may be required for access to certain Services).

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Third Party Materials and Agreements

You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the Modist Application to find and view material on the Internet, you are directing Modist to present you with the Third Party Materials that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and Modist disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials via a Modist Application. You further assume all responsibility for any data charges that you may incur for use of the Modist Application and/or access to any Third Party Materials.

Your ability to access or link to Third Party Materials, or third party services (including any SNS) does not imply any endorsement by Modist of Third Party Materials, or any such third party services. You acknowledge and agree that Modist: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Materials; (c) does not undertake or assume any duty to monitor the Modist Application for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Materials from being accessed through the Services. Notwithstanding the foregoing, Modist reserves the right to block or remove Third Party Materials at any time.

These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials in violation of applicable copyright law, and the owners of such Third Party Materials may have the right to seek damages against you for any such violation.

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Privacy

By using the Services you are subject to Modist’s Privacy Policy located at Modist.co/privacy, which is hereby incorporated into and made part of these Terms of Use. The Privacy Policy provides information and notices concerning Modist’s collection and use of your personal information. If you have any questions about the Modist Privacy Policy, you may contact Modist at privacy@Modist.co.

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Content

Certain types of content are made available through the Site and Services. “Modist Content” means Modist proprietary content, including but not limited to, Modist trademarks and logos made available through the Site and Services, excluding Third Party Materials.

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Ownership

The Site, Services, and Modist Content are protected by copyright, trademark and other laws of Canada and other countries. Except as expressly provided in these Terms of Use, Modist and its licensors exclusively own all right, title and interest in and to the Site, Services, and Modist Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Modist Content.

Modist claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

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Modist Application License

License Grant. Subject to your compliance with the terms and conditions of these Terms of Use, Modist grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the Modist Application onto any authorized device you own and control, and run such copy of the Modist Application solely for your personal, non-commercial use. Furthermore, with respect to any iTunes Store Sourced App (defined below) you may only use the iTunes Store Sourced App as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Modist reserves all rights in the Modist Application not expressly granted to you in these Terms of Use.

Restrictions. Except as expressly specified in these Terms of Use, you may not (a) copy or modify the Modist Application, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Modist Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Modist Application to any third party; or (c) make the functionality of the Modist Application available to multiple users through any means, including but not limited to distribution of the Modist Application or by uploading the Modist Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. The Modist Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the Modist Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You must comply with any technical restrictions in the Modist Application that allow you to use the Modist Application only in certain ways.

Updates and Upgrades; No Obligation. Modist is not obligated to maintain or support the Modist Application, to provide all or any specific content through the Modist Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that Modist may from time to time in its sole discretion issue updates or upgrades to the Modist Application, disable access to the Modist Application for any period of time or permanently, and may automatically update or upgrade the version of the Modist Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades. Modist shall have no liability to you arising out of any unavailability of the Modist Application.

Term and Termination. The license to the Modist Application granted under these Terms of Use remains in effect, unless earlier terminated by you or Modist in accordance with this provision. You may terminate the license at any time by deleting all copies of the Modist Application in your possession or control. Without limiting any other terms of these Terms of Use, the license will automatically terminate without notice from Modist if you breach any terms of these Terms of Use. Upon any termination of these Terms of Use, you must cease all use of the Modist Application and promptly delete and destroy all copies, full or partial, of the Modist Application.

Proprietary Rights. The copy of the Modist Application is licensed, not sold, to you. You agree that Modist and its licensors own all right, title and interest in and to the Modist Application, including all intellectual property rights therein, and that Modist retains ownership of all copies of the Modist Application even after installation on your mobile device. The Modist Application is protected by Canadian copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the Modist Application as delivered to you.

Local Laws. You are solely responsible for compliance with all applicable laws where you are resident, including export and import regulations. Any diversion of the Sites or Services contrary to any applicable law is prohibited. In particular, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

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Copyrighted Materials: No Infringing Use

You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Modist has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the Modist Copyright Policy www.Modist.co/copyright for further information.

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Feedback from Our Users

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@Modist.co. You acknowledge and agree that all Feedback will be the sole and exclusive property of Modist and you hereby irrevocably assign to Modist and agree to irrevocably assign to Modist all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights.

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General Prohibitions

You agree not to do any of the following while using the Site, Services or Modist Content:

Access, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including but not limited to in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Modist’s name, any Modist trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Modist’s express written consent;

Access, tamper with or use non-public areas of the Site or Services, Modist’s computer systems or the technical delivery systems of Modist’s providers; Attempt to probe, scan or test the vulnerability of any Modist system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Modist or any of Modist’s providers or any other third party (including another user) to protect the Site, Services or Modist Content;

Access or search the Services or Modist Content through the use of any engine, software, tool, agent, device or mechanism other than the software provided by Modist or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);

Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing a Modist trademark, logo URL or product name without Modist’s express written consent; Use the Site, Services or Modist Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Modist Content to send altered, deceptive or false source- identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Modist Content; Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission; Solicit login information or access an account belonging to someone else;

Use Modist to do anything misleading, malicious or discriminatory;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Modist will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services issues. Modist may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.
You acknowledge that Modist has no obligation to monitor your access to or use of the Site, Services or Modist Content or to review or edit any User Content or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Modist reserves the right, at any time and without prior notice, to remove or disable access to any Modist Content, Third Party Materials, and any User Content, that Modist, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

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Termination

Without limiting other remedies, Modist may at any time suspend or terminate your account, or refuse to provide you with access to the Site or Services. In addition, Modist may notify authorities or take any actions it deems appropriate, without notice to you, if Modist suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by Modist; or (b) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Modist users, Modist or any other third parties or the Site or Services. Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.

Following termination your account ???, or if you remove any User Content from Modist, we may retain your User Content for a commercially reasonable period of time for backup, archival or audit purposes, and we may retain an archived copy of your records as required by law or for legitimate business purposes. Furthermore, Modist and its users may retain and continue to use, store and display any of your User Content that other users have stored or shared through Modist.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Modist will not be liable to you or any third party for termination of the Site or Services or termination of your use of either.

Any suspension, termination or cancellation will not affect your obligations to Modist under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.

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Disclaimers

THE SITE, SERVICES, MODIST CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MODIST EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MODIST MAKES NO WARRANTY THAT THE SITE, SERVICES, MODIST CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MODIST OR THROUGH THE SITE, SERVICES, MODIST CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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Indemnity

You agree to defend, indemnify, and hold Modist, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Modist Content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, INCLUDING THE MODIST APPLICATION, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER MODIST NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR MODIST CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MODIST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MODIST IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL MODIST’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED CANADIAN DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MODIST AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Modist used herein are trademarks or registered trademarks of Modist. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

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Governing Law.

This Agreement will be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Ontario, Canada for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

Dispute Resolution

Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND MODIST AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adrcanada.ca for more information about arbitration.

No Class Actions. THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Modist seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by Modist or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Modist, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Mandatory Forum Selection If for any reason a claim proceeds in court rather than in arbitration, you and Modist agree that the claim will be brought exclusively in courts located in Toronto, Ontario, Canada (including the Ontario Superior Court of Justice and the Federal Court). You and Modist expressly consent to the exclusive jurisdiction of, and waive any and all objections to venue or jurisdiction in, the courts in Toronto, Ontario, Canada for such purpose. However, you or Modist may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.

Improperly Filed Claims. All claims you bring against Modist must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Modist may recover attorneys’ fees and costs up to $5,000, provided that Modist has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

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Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between Modist and you regarding the Site, Services and Modist Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Modist and you regarding the Site, Services, and Modist Content.

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Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Modist’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Modist may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

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Notices

You consent to the use of: (a) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Modist (x) via email if applicable (in each case to the address that you provide); or (y) by posting to the Site or Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.

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General

These Terms of Use shall not be modified except in writing, signed by both parties, or by a change to these Terms of Use made by Modist as authorized in these Terms of Use. The heading references used in these Terms of Use are for convenience purposes only, do not constitute a part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions hereof. The failure of Modist to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Modist. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. There are no third-party beneficiaries of these Terms of Use unless provided expressly by this agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and Modist as a result of these Terms of Use or your use of the Site or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Modist other than pursuant to these Terms of Use.

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Disclosure

The Services hereunder are offered by Modist, Inc., located at:

PO BOX 54075
500 Lawrence Ave West
Toronto, Ontario, CANADA
M6A 1A0

You may contact us by sending correspondence to the foregoing address or by emailing us at Contact@Modist.co.

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