ES3 Terms of Use

Last Modified: June 25, 2024

By using the Services (defined below), you are accepting the Terms of Use.  Please read these Terms of Use carefully to understand your rights and responsibilities.

(Not applicable to Quebec residents) These Terms of Use contain an arbitration clause and a class action waiver clause. By using the Services, you are agreeing that you must pursue your claims in a binding arbitration proceeding (and not a class action) basis.

Welcome to ES3.  This is the official Terms of Use Agreement (“Agreement”) for the ES3 website, applications or other interactive service that includes an authorized link to this Agreement and all other websites, applications and other interactive services you also use that are offered by Electronic Systems Software Solutions Inc. (“ES3™”, “we,” “us” or “our”) (collectively, all such websites, applications and other interactive services, the “Services”).  The Services are owned, operated and/or provided on behalf of ES3, which offers television channel or programming services (such as television networks, websites, applications or other interactive services) and offers other products and services under various brands.  In connection with ES3’s operation of the Services, it is utilizing the materials and services of Electronic Systems Software Solutions Inc. (“ES3™”) and the other Affiliates (the “Affiliates”).   “Affiliates” refers to VII and its parent company, its subsidiaries, and all affiliates that ES3 directly or indirectly owns or controls.

This Agreement covers the following areas: 

  1. Eligibility; Additional Terms; Binding Agreement.
  2. Registration.
  3. Modifications to this Agreement.
  4. Ownership of Intellectual Property.
  5. Advertising.
  6. Rules of Conduct.
  7. Shopping.
  8. Text Messaging Marketing and Promotions.
  9. Postings.
  10. Contest, Sweepstakes, Auctions and Other Promotions.
  11. Certain Products or Services.
  12. Hyperlinks to Third Party Sites.
  13. Deactivation/Termination of Your Registration or Use.
  14. Disclaimers and Limitations of Liability.
  15. Indemnification.
  16. Ads and Malware.
  17. Privacy.
  18. Resolution of Disputes; Binding Arbitration; No Class or Representative Actions or Arbitrations.
  19. Governing Law and Jurisdiction.
  20. Miscellaneous Terms.

1. ELIGIBILITY; ADDITIONAL TERMS; BINDING AGREEMENT

You must be 18 years of age or the age of majority in your jurisdiction of residence (“Services Minimum Age”) to sign up for a user account or use the Services, provided that you may use the Services if you are under the Services Minimum Age if and only if you have the permission of your parent or legal guardian to use the Services, your use of the Services is subject to your parent or legal guardian’s supervision and control, and your parent or legal guardian reads this Agreement with you.
There may be certain areas on the Services for which you must be at least a certain age to access.  By using or attempting to use the areas and/or Services, you certify that you are at least the required age for the areas and meet all other eligibility requirements of the Services and agree to all of the terms and conditions of this Agreement.  If you are not yet the required age for such areas, and/or do not meet any other eligibility requirements of the Services, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the areas and/or Services (as applicable) immediately. If you are a parent or legal guardian of a child under the Services Minimum Age, by allowing your child to use the Services, you are subject to the terms of this Agreement and you are responsible for your child’s activity on the Services. You acknowledge that users may be exposed to content that you find objectionable on the Service, and it is your responsibility to determine whether the content on the Services is suitable for you or, if applicable, any child using the Services pursuant to your supervision and control. Some content may not be suitable for individuals under the Services Minimum Age.

These terms and conditions regarding your use of the Services constitute a legally binding agreement between you, on the one hand, and ES3, on the other hand.  If you do not agree with any of the terms and conditions, please do not use the Services.

In this Agreement, the term “Services” includes all websites and web pages within or associated with the Services (such as third level domain names and other subdomains) as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Services.  By using the Services, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and/or services which will be presented in conjunction with those products and/or services (“Additional Terms”), including, but not limited to, any terms that may be provided on the Services relating to the submission of content, media and materials you submit for posting on the Services (“User Content Submission Agreement”) and the rules of participation (“Rules”) which govern certain activities and services such as voting and contests and sweepstakes. The Services’ Additional Terms and the Privacy Policy for the Services (see the Privacy Policy tab for the Services) (“Privacy Policy”) are hereby incorporated in this Agreement by reference.  If there is a conflict between this Agreement and Additional Terms for the activity which you choose to participate in, the Additional Terms shall govern. This Agreement will remain in full force and effect as long as you are a user of the Services and, in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement (including, but not limited to, the Privacy Policy and any Additional Terms), such as any indemnifications, warranties and limitations of liability.

The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Services, transmit, receive or exchange data or communicate with the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding the use of the Services and it cannot be modified, except as specifically described below. This Agreement applies regardless of whether you are accessing the Services via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”).

2. REGISTRATION
You may be required to sign up for an account, provide your email address and select a user name (“ES3 User ID”) in order to access and use certain features or functions of the Services. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your ES3 User ID a name that you don’t have the right to use, or another person’s email address with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will keep all your registration information accurate and current, and if your account is compromised or your account is misused, contact us at the address below.
If we offer user registration on the Services, to register as a member of the Services, there may be a few options for you to register. We may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Services. Please read our Privacy Policy, which provides additional information on options we may provide to register on the Services and the information we collect, use, disclose, manage and store. Your email address is personal to you and you may not allow any others to use your email address under any circumstances. To the fullest extent permissible by law, we are not liable for any harm caused or related to the theft or misappropriation of your email address for purposes of authentication, disclosure of your access information, or your authorization of anyone else to use account. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your account or any other need to deactivate your account due to security concerns.

3. MODIFICATIONS TO THIS AGREEMENT
We reserve the right to revise the terms of this Agreement, at any time and from time to time, for any reason in our sole discretion by posting an updated Terms of Use Agreement without advance notice to you, unless required by applicable law. We shall post or display notices of material changes on the Services’ homepage and/or otherwise on the Services and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion, subject to applicable law. Once we post them on the Services, these changes become effective immediately or as otherwise indicated and, if you use the Services after they become effective, it will signify your agreement to be bound by the changes.  If you do not agree with any of the changes, please discontinue your use of the Services. You should check back frequently and regularly review the terms and conditions of this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

4. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of the Services, including all Services’ software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of ES3, and any of its successors and assigns, and any of its respective licensors (for example, certain software on the Services may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable Canadian and foreign laws, rules and regulations and international treaties.  Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Services” includes “Material” as well. The Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you are permitted to download, transmit, display, print or reproduce from the Services. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of ES3. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable laws. We require users to respect the copyrights, trademarks, and other intellectual property rights of ES3 and our licensors. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Services that infringes the copyright rights of others in accordance with applicable law and will disable the access to the Services and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the Services and to promptly end any infringement that might occur.

5. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties, such as our advertisers, sponsors, or promotional partners, (collectively, the “Advertisers”) as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

6. RULES OF CONDUCT 
Your use of the Services is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your ES3 User ID (where applicable). You are also prohibited from using the Services (or attempting to use the Services, or allowing, enabling or condoning others to use the Services) in a manner that:

  • is or is likely to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
  • discusses us or any programming services on the Services in a clearly false or misleading manner, is unrelated to our products or services, or includes personal information of individuals or trade secrets;
  • discourages or is likely to discourage any person, firm or enterprise from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
  • sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  • uses the Services for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
  • transmits, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
  • forges any TCP/IP packet header or part of the header information in any email, newsgroup posting or other posting for any reason;
  • violates any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software exported from Canada or the United States), judicial or governmental order or any treaties, or violates or infringes upon any copyright or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
  • gains or enables unauthorized access to the Services or any of its features or functions, other users’ accounts, names, codes, personally identifiable information or other computers, websites or pages, connected or linked to the Services;
  • modifies, disrupts, impairs, alters or interferes with the use, features, functions, operation or maintenance of the Services or the use and enjoyment of the Services by any other person, firm or enterprise;
  • collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Services, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
  • except with our prior permission, uses manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services; or
  • otherwise violates or is inconsistent with this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy.

7. E-COMMERCE
If we offer certain e-Commerce to enable you to purchase goods and services through the Services (the “E-Commerce Service”), additional terms apply to your use and access of the E-Commerce Service which are Additional Terms and incorporated herein by reference.

The E-commerce Service on certain ES3 websites, applications or other interactive services may utilize third party operational service providers. All purchases made through any third-party operational service providers are subject to their respective terms and conditions of use. We and the Affiliate Entities are not responsible and have no liability whatsoever for goods or services you obtain through our third party operational service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. ES3 and the Affiliates do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We and the Affiliates are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third-party operational service provider, even if the goods or services were shown on one of the web pages of the Services. We and the Affiliates cannot ensure that you will be satisfied with any products or services that you purchase from any third-party operational service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third-party operational service provider.

We and the Affiliates do not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Services do not imply ES3’s endorsement of such products. Furthermore, customer reviews seen in our Shop are provided by the third-party operational service provider’s users and are subject to such third party operational service provider’s own community guidelines. We, the Affiliates and our third party operational service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.

8. TEXT MESSAGING MARKETING AND PROMOTIONS
The Services through ES3 may provide you with the opportunity to register for special Promotions, services, news, programming and information (collectively, “Text Service(s)”) delivered via text messaging on wireless Devices such as mobile phones and, if we do so, we will obtain appropriate consent for any Text Services in accordance with the nature of the Text Service and applicable laws, rules and regulations. The Information requested or transmitted as part of the registration process includes your wireless telephone number and may include other information, such as your preferences regarding goods or services, choices of music or artists, or other similar survey information and/or an email address. Depending on the Text Service and the Information collected, you may also be required to confirm your agreement to this Agreement (including, but not limited to, the Privacy Policy and Additional Terms).
If you register for Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances shall the Services or any programming services available on the Services be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.

You understand, acknowledge and agree that the Services may, at its sole discretion and without liability to you or any user, terminate its offer of any specific Text Service or all Text Services at any time without advance notice. The Services may provide notice of terminations or changes in services on the Services.

9. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, the Services and/or its Advertisers, operational service providers and suppliers may conduct promotions on or through the Services, including, but not limited to, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms, such as the rules governing any voting relating to a Promotion and other rules relating to the Promotion, which will be posted or otherwise made available to you and, for purposes of each Promotion, are Additional Terms and will be deemed incorporated into and form a part of this Agreement.

10. CERTAIN PRODUCTS AND SERVICES
10.1 RSS Feeds and Podcasts.

The Services may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Services that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or (if permitted) transferred to another Device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.

Content is Material and subject to all of the terms of this Agreement, even though you may download, copy and/or transfer to a Device, or through a Device to another Device, the RSS Feeds and associated Content. By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Services do not warrant that its RSS Feeds will operate on all Devices. Please see the “Disclaimer and Limitations of Liability” section below for further details.

10.2 Mobile Applications.
If the Services offer products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), such as applications you download or text messaging services, these Mobile Application Services are governed by the Additional Terms presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in the applicable Additional Terms, including, but not limited to, the terms presented to you in connection with your download of such Mobile Application Service. In addition, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information, or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.

Under no circumstances will the Services or any of the Affiliates be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address using any Mobile Application Services.

10.3 Viral Features.
There may be portions of the Services, content, functionality or features (e.g., digital streaming media player(s)) (“Viral Features”) that we make available to users for your personal use. While we can change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit the Services or take advantage of any of these Viral Features, you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.

11. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Services or any other form of link or re-direction of your connection to, with or through the Services, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Services or any of the Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if the Services’ or one of our affiliate’s logo(s) or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third-party site obtains or collects Personal Information or other information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how the Services collect and use your Personal Information and other information and certain of our relationships.

12. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If the Services offer user registration and you are registered to use the Services, you may deactivate your account on the Services, at any time and for any reason, accessing your account, deleting your account on the Services. If you are unable to delete your account on this Services using this method or otherwise have questions about how to delete your account, please contact us at support@es3.ca.
We may terminate your use of and where applicable, registration on the Services, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

13. DISCLAIMER AND LIMITATIONS OF LIABILITY
To the fullest extent permissible by law, the Services, and all Materials, goods and services are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied (including, without limitation, warranties of merchantability and fitness for a particular purpose) or any guaranty or assurance the Services will be available for use, or that all features, functions or operations will be available or perform as described. Without limiting the foregoing, to the fullest extent permissible by law, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions relating to your use of the Services. You understand, acknowledge and agree that, to the fullest extent permissible by law, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, Materials associated with your use of the Services.

You understand and agree that, to the fullest extent permissible by law, the Services, ES3, and their respective successors and assigns, and any of its and their respective officers, directors, employees, agents, representatives, licensors, operational service providers, Advertisers, or suppliers, shall not be liable for any loss or damage of any kind, direct or indirect, relating to the Services or this Agreement, including, but not limited to, compensatory, consequential, incidental, direct, indirect, special or punitive damages, however arising or caused, whether foreseeable or not, regardless of the form of action or the basis or characterization of the claim and even if advised of the possibility of damages. (For Quebec residents only):  The foregoing paragraph does not apply to damages that result from the acts of ES3.

Without limiting the foregoing, the Services and ES3 disclaim all liability for any use not specifically authorized or that is in violation of this Agreement or the laws or regulations that may apply to you in any jurisdiction or country.

Notwithstanding any claim that a sole or exclusive remedy that is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that, to the fullest extent permissible by law, your sole and exclusive remedy for any loss or damage shall be limited to having ES3, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for ES3, to refund any monies actually paid by you to us for the goods or services involved and to terminate and discontinue your use of the Services. You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that ES3 assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or for any failure or delay associated with any response communications and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions. Some jurisdictions do not allow for the exclusion or limitation of certain warranties or the exclusion or limitation of incidental or consequential damages, so some of the exclusions and limitations described in this Agreement may not apply to you.

14. INDEMNIFICATION
You agree to indemnify, defend and hold the Services, ES3 and any programming services offered on the Services, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you.

ES3 reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with ES3 in the defense of any such claim, action, settlement or compromise negotiations, as requested by ES3.

15. ADS AND MALWARE
We take great care and pride in creating the Services. We are on the lookout for technical glitches that affect how the Services work. When we find them on our end, we will endeavour to fix them. Unfortunately, your Device may cause some glitches that affect how you see the Services — and that is beyond our control.

If you experience any unusual behaviour, content or ads on the Services, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software that is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Services is working properly, sometimes Malware programs on your Device may interfere with your experience on the Services and on other sites that you visit.

We suggest that you take actions (such as installing reputable third-party antivirus software) that may help to clean your Device and that could monitor or prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your Device, we also suggest you speak with a qualified technician for your Device. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at support@es3.ca.

16. PRIVACY
We respect your privacy and the use and protection of your information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Information in connection with your use of the Services.

17. RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS (Not Applicable to Quebec Residents)
If you have any dispute with or claim against us or any of our Affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms of Use (a “Claim”), and the Claim is not resolved by contacting our Customer Service department, you and we each agree to attempt to resolve such Claim first through informal negotiation. If we do not resolve the Claim through informal negotiation, the Claim shall be resolved through (i) to the fullest extent permissible by law, binding arbitration or (ii) an individual action in small claims court in the judicial jurisdiction where you reside. If neither of us chooses to resolve the Claim in small claims court, or the small claims court determines that it lacks jurisdiction to resolve the Claim, the Claim must be resolved solely and exclusively by binding arbitration. To the fullest extent permissible by law, class arbitrations and class actions are not permitted under any circumstances. You and we agree that the Ontario, Canada Superior Courts govern the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury where applicable or to participate in a class action or class arbitration to the fullest extent permissible by law. This Section shall survive termination of these Terms of Use and the Services.

Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to ES3 a written notice of your Claim or we must send a written notice of our Claim to you (“Notice”). Your Notice must (1) be sent by certified mail; (2) be addressed to: Electronic Systems Software Solutions Inc., Attn: Legal Department, 4-1795 Ironstone Manor, Pickering, Ontario, Canada, L1W 3W9; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 90 days after receipt of the Notice of the Claim, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.

Any such arbitration shall be administered by the arbitrator or mediator of ES3’s choice for an in-person hearing, such hearing will take place in the judicial jurisdiction of Toronto, Ontario, Canada. Payment of the parties’ costs and fees owed to the arbitrator or mediator will be determined by arbitrator or mediator based on the outcome of the arbitration and mediation process. Class or representative arbitrations are not permitted under any circumstances.

18. GOVERNING LAW AND JURISDICTION.
(Not applicable to Quebec residents) With the exception of the provision above that the enforceability of Section 17 is governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada.
(Not applicable to Quebec residents) With respect to any Claims not subject to arbitration or small claims court (as set forth in Section 17 above, to the extent permissible by law), you agree to jurisdiction in the Provincial courts of Ontario, Canada.

19. MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, our Privacy Policy and any other regulations, procedures and policies that we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use of the Services. This Agreement cannot be changed or terminated orally and may not be modified except as described in this Agreement. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision that must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, to the fullest extent permitted by law, no action relating to this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The section titles in this Agreement are for convenience only and do not have any legal effect.

By downloading any applications as part of the Services, you consent to automatically receive and install future updates to such applications.
The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.

This Agreement was last modified on the date indicated above and is effective immediately.