RecovR Terms and Conditions: PLEASE READ CAREFULLY.
Kudelski IoT provides a vehicle location and theft recovery service (the “Service”) that uses the RecovR Product and a mobile software application that may be downloaded to your mobile device (“Mobile App”). To access the Service, you must purchase the RecovR Product and the Service through the dealer from whom you buy or lease your Vehicle, and you need an activated RecovR Product and the Mobile App. Use of the Service, RecovR Product and Mobile App are subject to the following terms and conditions that, along with the foregoing provisions (including the notice and registration language above), collectively form the agreement (“Agreement”) between Kudelski IoT and you.
The purchase of the RecovR Product is nonrefundable. The Service is nonrefundable except when it has been purchased as part of a financed purchase in Ontario or as part of a lease or financed purchase in British Columbia, in which case the Service may be canceled on your provision to the Dealer of 30 days’ notice and in such situation the Dealer shall refund the unused portion of the Service purchased. The purchase of the RecovR Product and the Service is not required in order to purchase or obtain financing for a motor vehicle. Verbal or written statements made by anyone contrary to the provisions of these terms and conditions shall be of no effect with respect to this Agreement.
BY SIGNING THIS AGREEMENT (IN PAPER OR THROUGH ELECTRONIC MEANS), YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO COMPLY WITH ALL LAWS, RULES AND REGULATIONS APPLICABLE TO YOUR USE OF THE SERVICE, THE RECOVR PRODUCT AND THE MOBILE APP.
You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. This Agreement takes effect at the date of your purchase or lease of the Vehicle mentioned on the first page of this Agreement (the “Effective Date”).
This Agreement gives you specific legal rights. In addition, you may also have other legal rights under applicable federal or provincial law. The disclaimers, exclusions, mandatory and binding arbitration, limitations of liability, indemnification, waiver of jury trial, waiver of class action under this Agreement will not apply to the extent prohibited by applicable law.
1. Arbitration and Governing Law.
1.1. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, regardless of any conflict of law provisions.
1.2. It provides that most disputes between you and us shall be resolved by binding arbitration. Arbitration replaces the right to go to court.
1.3. This Arbitration Provision (“Arbitration Provision”) is a part of the terms and conditions of this Agreement. You and we agree that, except as expressly provided below, any and all disputes, controversies or claims of every kind or nature arising out of or in any way related to any acts, statements or representations leading up to the making of the terms and conditions of this Agreement, or the validity, interpretation, performance or breach of any provision of the terms and conditions of this Agreement, or any relationship resulting from or related to any of the foregoing (each a “Claim”) will be resolved exclusively through mandatory binding arbitration, at the election of either you or us. This includes any Claim you assert against our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns or agents, or the employees, directors, officers, shareholders or representatives of any of the foregoing, or any third party providing any product or service in connection with the terms and conditions of this Agreement or any other person, in connection with any Claim asserted against us. Through this Arbitration Provision, you and we waive any right you or we might have had to bring any action, lawsuit or class arbitration, or to participate in such as a claimant. You and we also waive any right to consolidate or join any arbitration proceedings with the arbitration proceedings of others. You and we also waive any right to bring a private prosecution in arbitration or litigation in any jurisdiction where such proceedings are permitted.
1.4. This Arbitration Provision applies from the Effective Date. You and we acknowledge that this Arbitration Provision is governed by and enforceable under Ontario’s Arbitration Act, 1991, S.O. 1991, c. 17, and any amendments thereto.
1.5. This Arbitration Provision will not apply to any Claim that is brought by you or us as an individual (non-class) action in a small claims court, so long as the Claim is not amended to seek an amount in excess of the jurisdiction of the small claims court or to request a jury trial or relief on behalf of a class of claimants.
1.6. Any arbitration will be administered by the International Centre for Dispute Resolution Canada (“ICDR Canada”), www.icdr.org/icdrcanada, or such other nationally recognized arbitration process or organization mutually agreed upon by you and us. The arbitration will be conducted pursuant to the Canadian Arbitration Rules of ICDR Canada or such other nationally recognized arbitration process or organization mutually agreed upon by you and us, as applicable, in effect at the time the arbitration is commenced (hereinafter “the Rules”). To the extent the Rules are inconsistent with this Arbitration Provision, this Arbitration Provision will control. A single arbitrator will conduct any arbitration. The legal seat of any arbitration shall be the City of Toronto, Ontario. The language of any arbitration shall be English. Any hearing may take place by telephone or videoconference and in person hearings in your municipality of residence unless you and we agree to a different location.
Arbitrators shall not have the power to award damages or other relief to a class of claimants, or to consolidate any Claim of any other person or entity with any Claim of you or us except as expressly provided above in this Arbitration Provision or to award damages or relief to or for the benefit of any person or entity that is not a party to the arbitration.
1.7. You and we will each pay our own legal fees and other costs of arbitration, even if the Rules would permit otherwise. The arbitrator’s fees will be shared equally between you and us.
1.8. This Arbitration Provision will survive the completion or termination of this Agreement. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portion will nevertheless remain in force, except that if a court or arbitrator should determine that the provision hereof that there will be no class arbitration and/or no consolidation of the claims of others in the arbitration between you and us is not enforceable, and that determination is affirmed should there be any appeal thereof, then this entire Arbitration Provision will be unenforceable.
2. Your Registration and Account Information
2.1. You represent and warrant that all required registration information you submit to us is truthful and accurate. You agree to promptly notify us of any updates to the information that you have submitted.
2.2. To access the Service, you must have a valid email address and create only one account per email address. You may not select as your User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You are responsible for maintaining the confidentiality of your account login information, including keeping your password secure. If you suspect or become aware of a breach of your account, or breach of the security of your account, or unauthorized use of your account, you agree to notify us immediately. Kudelski IoT is not liable for any loss or damage arising from your failure to comply with the above requirements.
2.3. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you or others authorized by you, including your guests, family members, employees, agents, contractors or other third parties (each, an “Authorized User”). You will ensure that all Authorized Users comply with your obligations under this Agreement and that the terms of your agreement with each Authorized User are consistent with this Agreement. We are not responsible for unauthorized access to your account, except in cases where we are grossly negligent.
2.4. All requests for technical support should be submitted by email via [email protected]. We will use our reasonable efforts to respond to all support requests, but we may prioritize requests where bug fixes and error corrections are available.
3. Consent and Notice to Other Parties.
3.1. If you are under the age of majority in your province of residence, you may use the RecovR Product, Service and Mobile App only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of majority, and you consent to these terms on behalf of the minor user, you are fully responsible for the acts of such user in relation to the RecovR Product, Service and Mobile App.
3.2. If you authorize a third party to use your Vehicle equipped with the RecovR Product (collectively, “Other Parties”), you agree to notify those Other Parties of these terms and conditions and, in particular, that your Vehicle location may be accessed through the Service and Mobile App. It is your responsibility to obtain any approvals, permissions, consents and authorizations from those Other Parties that may be required under law.
4. Sale or Transfer of Your Vehicle to a Third Party
4.1. If you sell or transfer your Vehicle to another party (“Transferee”) during the Service Term, the Service is eligible for a one-time transfer to the Transferee, provided that the Service is active at the time of the sale or transfer of your Vehicle. The Service may not be transferred to a vehicle dealer, wholesaler or other person or entity that sells vehicles commercially.
4.2. In the event of such sale or transfer, you agree to notify the Transferee (whether or not the Transferee is a private individual) that the Vehicle is equipped with the RecovR Product and to notify us of the sale or transfer of the Vehicle within thirty (30) days of the date of sale or transfer of the Vehicle.
4.3. Your notification shall be sent by email to [email protected] and shall include the following information:
· The Effective Date of this Agreement mentioned on page 1;
· Your name, address and telephone number;
· VIN number of your Vehicle; and
· the date of the sale or transfer of the Vehicle.
Upon receipt of your notification, we will deactivate the RecovR Product and your access to the Service.
4.4. To be eligible to use the Service for the remaining period of the Service Term, the Transferee must contact us by email at [email protected] within thirty (30) days of the date of the sale or transfer of the Vehicle and include the following information:
· Transferee’s name, address, telephone number and email address;
· VIN number of the Vehicle; and
· the date of the sale or transfer of the Vehicle.
Upon receipt of the Transferee’s notification including the required information, we will:
Ø Send the terms and conditions of use of the Service, RecovR Product and Mobile App (mentioning the remaining period of the Service Term) for acceptance and execution (“Transferred Agreement”).
Upon receipt from the Transferee of the executed Transferred Agreement, we will:
Ø Activate the RecovR Product for the Transferee for the remaining period of the Service Term mentioned on the first page of this Agreement.
4.5. The Service may be transferred only once during the Service Term. This Agreement applies only to the Vehicle described on page 1 and may not be transferred to any other vehicle.
5. Data Privacy.
5.1. You understand and acknowledge that in order to provide the Service and perform its obligations under this Agreement, Kudelski IoT will collect personal information about you and the Vehicle including but not limited to the location of the Vehicle. In order to download the Mobile App and use the Service, you must review and agree to the Kudelski IoT Privacy Notice at https://intercom.help/Kudelski/en/articles/5141831-car-owner-privacy-notice and/or contact us by email at [email protected] (“Privacy Notice”). By agreeing to these terms and conditions, you acknowledge that you have read the Privacy Notice and hereby consent to the collection, use and disclosure by us and our agents of your personal information (whether previously collected or to be collected) for the purposes identified therein. For further information about privacy matters, including our data handling practices, you may refer to the Privacy Notice and/or contact us by email at [email protected] or by phone at 844-716-2472.
6. LIMITED WARRANTY
6.1. Kudelski IoT warrants to you, the original purchaser of the RecovR Product, that the RecovR Product will be free from defects in workmanship and materials under normal use (“Defects”). This Limited Warranty becomes effective on the Effective Date specified on page 1 of this Agreement and continues until the earlier of (a) the end of the Service Term In Months specified on page 1 of this Agreement or (b) the date you sell or otherwise transfer ownership of the Vehicle (the “Limited Warranty Period”). If a Defect is found during the Limited Warranty Period, Kudelski IoT will repair or replace, at Kudelski IoT’s choice, the RecovR Product without charge to you for either parts and/or labor.
6.2. The promise made in Section 6.1 is the only express warranty that Kudelski IoT makes to you. Except as expressly provided in this Agreement, and to the maximum extent permitted by applicable law, we expressly disclaim and shall not be bound by any other representation, condition, statement or warranty, whether express or implied, statutory or otherwise, including without limitation, any warranty or condition of merchantability or fitness for a particular purpose. This Limited Warranty provides specific remedies; it does not provide coverage for incidental, consequential, indirect, punitive, exemplary, special or any other type of damages which are hereby expressly excluded. This warranty gives you specific legal rights, and you may also have other rights under federal or provincial law.
6.3. Exclusions: This Limited Warranty does not cover (a) damage caused by normal wear and tear; (b) damage as a result of the RecovR Product being installed, opened or repaired by someone not authorized by Kudelski IoT; (c) damage caused by: misuse, moisture, liquids, proximity or exposure to heat, accident, abuse, non-compliance with the instructions supplied with the RecovR Product, neglect or misapplication; or (d) cosmetic damage to the RecovR Product. This Limited Warranty does not cover the Service or the Mobile App.
6.4. Claims Process: In order to make a claim under the Limited Warranty, you must contact Kudelski IoT at 844-716-2472 or by email at [email protected] during the Limited Warranty Period to explain the Defect. Kudelski IoT will troubleshoot the matter, and in the event Kudelski IoT is unable to resolve the issue, Kudelski IoT will issue a Return Materials Authorization (“RMA”) number, if necessary. Upon receipt of the RMA, you shall arrange to have the defective RecovR Product returned to Kudelski IoT, and you shall be responsible for any incidental expenses associated with doing so. Kudelski IoT shall be responsible for replacement and installation of the replacement RecovR Product. Within thirty (30) days of Kudelski IoT’s issuance of an RMA, Kudelski IoT shall deactivate the defective RecovR Product and activate the replacement RecovR Product. Replacement of a defective RecovR Product does not restart or extend the Limited Warranty Period.
6.5. This Limited Warranty applies only to the original purchaser of the RecovR Product. Any warranty provided to a Transferee will be contained in the Transferred Agreement, but we are not required to provide a Transferee with any warranty. Your ability to claim any benefits under this Limited Warranty will automatically terminate when you sell or otherwise transfer ownership of your Vehicle or when this Agreement is terminated in accordance with section 11.
6.6. We do not charge a service fee for any remedy available to you under this Limited Warranty.
6.7. If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force and effect.
6.8. You shall not directly or indirectly (i) attempt to interfere with or disrupt the integrity or performance of the RecovR Product, Mobile App or Service or any component/element therein, (ii) reverse engineer, decompile, disassemble the RecovR Product or Mobile App or otherwise use the RecovR Product, Mobile App or Service to attempt to discover any such software source code, object code, structure, hardware design, algorithms, ideas or underlying information, (iii) modify, translate, reproduce or create derivative works based on the RecovR Product or Mobile App, (iv) remove any proprietary rights notices from the RecovR Product or Mobile App or (iv) use the RecovR Product, Mobile App or Service for unlawful purposes. ANY VIOLATION OF THIS SECTION BY YOU SHALL VOID THE WARRANTY SET FORTH IN SECTION 6.1 OF THIS AGREEMENT.
7. Software License.
7.1. Limited License. Kudelski IoT grants you a limited personal, worldwide, non-assignable, non-transferable, non-sublicensable and non-exclusive license to use the software embedded in the Mobile App and the software embedded in the RecovR Product (“Software”) provided to you by Kudelski IoT as part of the Service. This license is for the sole purpose of enabling you to use the RecovR Product and Service as provided by Kudelski IoT and in the manner permitted by this Agreement. you agree not to access (or attempt to access) any of the RecovR Product or Service by any means other than through the Mobile App. You agree that you will not engage in activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
7.2. Updates. The Software which you use may from time to time automatically download and install updates from Kudelski IoT. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules, and complete new versions. You agree to receive such updates (and permit Kudelski IoT to deliver these to you) as part of your use of the Mobile App and the Service.
8. No Monitoring Services.
8.1. The RecovR Product, Service and Mobile App are not intended to be an emergency notification system (e.g. 911), emergency service provider, or lifesaving solution for individuals at their home, places of employment, or otherwise. We do not monitor the RecovR Product, Service or Mobile App for any emergency notifications and will not dispatch emergency authorities in the event of an emergency. We make no warranties, representations or promises of any kind that the use of the RecovR Product, Service or Mobile App will provide, affect or increase any level of safety. You acknowledge that the RecovR Product, Service and Mobile App are not intended to provide any guaranteed level of safety and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life threatening, safety and emergency events should be directed to the appropriate emergency response services.
8.2. IF YOU EXPERIENCE AN EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911, OR APPROPRIATE EMERGENCY RESPONSE SERVICE.
9. Third-Party Providers.
You understand that the RecovR Product, Service and Mobile App furnished by Kudelski IoT depend upon services provided by third parties (“Service Providers“) pursuant to agreements between such Service Providers and Kudelski IoT. You expressly understand and agree that (i) Kudelski IoT may share information about you and/or the Vehicle with the Service Providers to the extent necessary to provide you with the RecovR Product and the Service under this Agreement and (ii) you have no contractual relationship whatsoever with the Service Providers and are not a third-party beneficiary of any agreement between Kudelski IoT and such Service Providers. For more information regarding the sharing of your information with Service Providers, you may refer to the Privacy Notice.
10. Connectivity Service
The RecovR Product incorporates data connectivity services (“Connectivity Services”) provided by a third-party provider (“Connectivity Service Provider”). Mobile voice will not be provided. The Connectivity Service Provider will take all reasonable steps to make the Connectivity Services available to Kudelski IoT and its customers at all times, contingent upon its ability to maintain necessary licenses or permissions and its network capacity and connection availability. Kudelski IoT’s responsibility in respect of the Connectivity Services shall be limited to the terms and conditions provided by the Connectivity Service Provider, as expressly set forth in this Article 10:
10.1. The Connectivity Service Provider does not warrant or guarantee fault free Connectivity Services and gives no warranties or guarantees as to network coverage, quality or availability. In the event of a fault that impacts the Connectivity Services, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by Kudelski IoT, the Connectivity Service Provider shall use reasonable efforts to promptly correct the fault.
10.2. The Connectivity Service Provider reserves the right to choose its network operators and technology partners as it deems appropriate and to provide access to the Connectivity Services in any manner it may deem in the best interest of its business requirements.
10.3. You acknowledge that the Connectivity Services are not a suitable way to contact emergency services and if used where there is no wireless signal or wireless service, it is highly probable the communication will not go through and the RecovR Product and Services will not operate.
10.4. From time to time, the Connectivity Service Provider may be required to upgrade, modify or undertake maintenance impacting the Connectivity Services. On such occasions, the Connectivity Services may be temporarily unavailable; however, the Connectivity Service Provider will endeavor to keep such disruption to a minimum.
10.5. The Connectivity Service Provider reserves the right to suspend, in a proportionate and corresponding manner, the Connectivity Services to Kudelski IoT and/or you, as appropriate, without giving notice where:
a. the Connectivity Service Provider has reason to believe that you are making fraudulent use, excessive usage or other use that is in breach of your obligations under this Agreement;
b. the Connectivity Service Provider is notified that the SIM card or device containing an eSIM Profile licensed to you is lost or stolen, in which event, the Connectivity Service Provider shall be obligated to suspend the Connectivity Services associated with that SIM.
c. the Connectivity Service Provider is obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organization, its contractual obligations with its suppliers or other competent administrative authority;
d. in order to urgently prevent damage or degradation of its or its contracting party's network integrity which may be caused by you or anyone using your access;
e. there is an emergency or for security reasons; and
f. Connectivity Service Provider may at its discretion bar or disconnect a SIM if Connectivity Service Provider has noticed any form of fraudulent use.
10.6. The Connectivity Service Provider may monitor the Services and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate and administer the Connectivity Services, or to protect the Connectivity Service Provider or its other customers, except that such monitoring or disclosure shall not be in breach of any applicable law, rules or regulations, in relation to data protection, or otherwise.
10.7. Your use of the Connectivity Services is subject to the Connectivity Service Provider’s Acceptable Use Policy, Privacy Policy and Fair Usage Policy. A copy of each of those policies is available on the website https://www.1global.com/legal/ . The Connectivity Service Provider reserves the right to make changes to these policies, with any such changes being reflected on their website. Any use of the Connectivity Services in contravention of these policies will entitle Kudelski IoT to terminate the corresponding Connectivity Services to you.
11. Term; Termination.
11.1. The term of this Agreement starts on the Effective Date and remains in effect for the duration of the Service Term mentioned on page 1 of this Agreement, unless earlier terminated in accordance with this Agreement.
11.2. (A) You may terminate this Agreement by contacting us by email via [email protected] and indicating that you wish to terminate the Service. (B) We may terminate your right to access or use the RecovR Product or Service, without notice, and/or terminate this Agreement if you have used the Service or RecovR Product in violation of this Agreement, including any incorporated terms or conditions. (C) This Agreement will terminate automatically if the Vehicle mentioned on page 1 of this Agreement is written off, repossessed or stolen and is not located within thirty (30) days. Otherwise, your right to access or use the RecovR Product or Service, will terminate upon the expiration of the Service Term mentioned on page 1 of this Agreement.
11.3. Upon termination, all of your rights under this Agreement immediately terminate and the RecovR Product will be deactivated.
12. Indemnification.
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees arising out of or relating to any third-party claim) concerning: (a) your or any Authorized User’s use of the RecovR Product and Service; (b) breach of this Agreement or violation of applicable law by you, or by an Authorized User; or (c) a dispute between you and any Authorized User.
13. Limitations of Liability.
WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF USE OF YOUR VEHICLE IN THE EVENT THE RECOVR PRODUCT IS UNABLE TO LOCATE YOUR VEHICLE), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SERVICE, RECOVR PRODUCT AND MOBILE APP. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. Assignment.
You will not assign or otherwise transfer this Agreement or any of its rights and obligations under this Agreement, other than in accordance with Section 4 hereof, without our express prior written consent. Any assignment or transfer in violation of this section will be void. We may assign this Agreement without your consent (a) in connection with a merger, amalgamation, acquisition or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganization. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
15. Entire Agreement.
This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between us and you, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement.
16. Force Majeure.
We are not liable for failure to fulfill our obligations under this Agreement due to causes beyond our reasonable control (for example, acts of nature, operational disruptions, man-made or natural disasters, epidemic or pandemic public health crises, electrical or power failures or interruptions, riots, strikes, internet or telecommunication interruptions, acts of terrorism or war).
17. Trademarks.
18. We may use logos, word marks, images and other valuable trademarks owned and used by us or our Affiliates, including but not limited to RecovR, the RecovR logo and KUDELSKI in the performance of the Service, the RecovR Product and Mobile App. These trademarks and related property are protected from copying and simulation under national and international laws and may not be reproduced, copied or otherwise used without Our express prior written permission.
19. No Third-Party Beneficiaries.
This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.
20. Notice.
To you. We may provide any notice to you under this Agreement, including a written Notice of Arbitration, by: (i) sending a message to the email address associated with your account; or (ii) notifying you via the Mobile App. Notices we provide by email or through the Mobile App will be effective when we send the email or the message on the Mobile App. It is your responsibility to keep your email address current.
To us. To give us notice under this Agreement, including a written Notice of Arbitration, you must contact us by personal delivery, overnight courier or registered or certified mail to this mailing address: OpenTV, Inc., Attn: RecovR Legal, 5090 N. 40th Street, Suite 450, Phoenix, Arizona 85018. We may update this address by Notice to you provided in accordance with this Section 20.
21. No Waivers.
The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
22. Severability.
If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect the intent of the remaining portions. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement, but the rest of the Agreement will remain in full force and effect.
23. Headings.
Headings in this Agreement are for reference purposes only and are not to be interpreted as being part of this Agreement except as required by applicable law.
24. Electronic Acceptance of Agreement.
The Parties agree that an electronic acceptance of this Agreement is legally valid, effective, and enforceable.
25. Territory.
The RecovR Product may only be purchased in Ontario or British Columbia; the Service is provided within Canada.
26. Currency.
All dollar amounts referred to in this Agreement are stated in Canadian currency.