Terms of Service

Archipelago Marine Research Inc. (“Archipelago”, “we”, “our” or “us”) is incorporated pursuant to the laws of British Columbia, Canada, and has its head offices at 525 Head Street, Victoria, British Columbia, Canada V9A 5S1.

THESE TERMS OF SERVICE (“TERMS”), AND THE TERMS AND CONDITIONS, POLICIES AND GUIDELINES INCORPORATED INTO THESE TERMS OF SERVICE BY REFERENCE INCLUDING, BUT NOT LIMITED TO ANY ORDER FORMS, SOFTWARE LICENSE TERMS AND OUR PRIVACY POLICY, (COLLECTIVELY, THE “AGREEMENT”), CONTAIN LEGAL OBLIGATIONS, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ARCHIPELAGO, AND GOVERN YOUR ACCESS AND USE OF OUR WEBSITE www.archipelago.ca (THE “WEBSITE”) AND YOUR PURCHASE OF ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE. FOR THE PURPOSES OF THESE TERMS, “YOU” AND “YOUR” MEANS YOU AS THE USER OF THIS WEBSITE AND/OR ANY PRODUCTS AND SERVICES THAT WE OFFER THROUGH THIS WEBSITE. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF AN EMPLOYER OR OTHER THIRD PARTY, YOU REPRESENT THAT YOU HAVE FULL RIGHT AND AUTHORITY TO BIND THE THIRD PARTY TO THESE TERMS, AND REFERENCES TO “YOU” AND “YOUR” ELSEWHERE IN THESE TERMS WILL BE DEEMED TO INCLUDE SUCH THIRD PARTY.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ‎REGARDING YOUR ‎LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, ‎VARIOUS LIMITATIONS AND ‎EXCLUSIONS ON DAMAGES THAT YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO ‎US.‎ IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR OUR PRODUCTS OR SERVICES. BY CLICKING “I’VE READ AND AGREE TO TERMS OF USE”, OR BY USING OR ACCESSING THE WEBSITE OTHER THAN TO REVIEW THESE TERMS, YOU ‎REPRESENT THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS, INCLUDING ALL DOCUMENTS INCORPORATED INTO THESE TERMS BY REFERENCE.

  1. Changes to these Terms or to the Website
    These Terms were last updated on October 30, 2023. At any time without notice or liability, and for any reason, we may update, change, suspend or terminate any aspect of these Terms or the Website, and this may impact the use, functionality or availability of the Website or our products and services. You agree that we will not be liable if, for any reason, all or any part of the Website or our products or services changes, is withdrawn, terminated, restricted to users, or unavailable at any time or for any period, or if such restriction or unavailability impacts the use, functionality of the Website or our products or services. Please consult these Terms each time that you use the Website. You should print off and save of a copy of these Terms for your records. Your continued use of the Website for 10 days or more following the posting of changes to these Terms will mean that you accept and agree to those changes.

  2. Age and Acceptance of Terms
    By accessing or using our Website, you confirm that: (a) you are at least 19 years of age and can form a binding contract with Archipelago; (b) you accept these Terms, including the Privacy Policy; and (c) you agree to comply with these Terms. If we learn that someone under the age of 19 is using the Website, we will terminate that user’s access to the Website.
    If you do not agree to these Terms, or are not at least 19 years of age, you must not access or use the Website.

  3. Limited License
    Subject to your compliance with these Terms, Archipelago grants you a limited, non-exclusive, non-transferable, revocable limited license to access and use the Website and any content contained on the Website solely for the purpose of viewing information about Archipelago, its products, and services; purchasing our products and services; contacting us; and accessing and printing materials posted on the Website, in each case, solely for your internal business purposes. Archipelago reserves all rights not expressly granted herein.
    Except as expressly permitted in these Terms, you agree not to reproduce, modify, make derivative works of, retransmit, distribute, sell, publish, sublicense, commercialize, communicate, link, broadcast or otherwise make available the Website or any content, including images, or other information and materials obtained through or in connection with the use of the Website, including without limitation, by caching, framing, deep-linking or similar means, without Archipelago’s express prior written consent.

  4. Your Account; Communication
    To access some parts of this Website and to purchase Archipelago products and services, you must first complete the registration process to create an account with Archipelago (an “Account”), which may involve: (a) registering a unique user name and password (collectively, “Credentials”); (b) providing contact information, such as your name, company name, phone number, email address, and mailing address; (c) providing payment and billing information; and (d) providing us with any other information that we request on the Account registration form. You may only register for a single Account and may not use or access multiple Accounts at the same time.

    In consideration of your use of the Website, you hereby agree to: (a) provide true, ‎accurate, current, ‎and complete information about yourself and/or your organization ‎‎‎(“Registration Data”); and (b) maintain the Registration Data and other Account data so as to ensure that it is ‎accurate, ‎current and complete at all times. By providing Registration Data to us through the Website, you may be asked to provide personal ‎information, which will only be used in accordance with the Agreement, including our Privacy Policy, and applicable law. If you provide any information that is untrue, inaccurate, out-of-date, or incomplete, or if Archipelago has reasonable grounds to suspect that such information is untrue, inaccurate, out-of-date, or incomplete, Archipelago has the right to suspend or delete your Account and to refuse to provide you with access to the Website or any Archipelago products or services.
    Your Account may not be shared with or transferred to any other person without Archipelago’s express prior written consent. You will be fully responsible ‎for: (a) all use of your Account; (b) any action that takes place through your Account by any ‎person or automated process, whether or not you were aware of it; (c) ‎maintaining the confidentiality and security of your Credentials; and (d) immediately notifying ‎us of any actual or suspected unauthorized use of your Credentials or Account, or if you know of any other breach of security in relation to the Website or our products or services. ‎We will not be liable for any loss or ‎damage arising from any unauthorized use of your ‎Account.‎

    Your Account remains the property of Archipelago and we reserve the right at any time and from time to time, to disable or delete your Account, and/or any user name, password, or other identifier, in our sole discretion for any or for no reason, including a violation of these Terms, without liability.

    Archipelago may act upon any communication that is given through your Account or using your Credentials. Archipelago is not required to verify the actual identity or authority of a person using your Account or Credentials, but we may in our sole discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of you Account if we are not satisfied as to the identity of the user. If Archipelago reserves the right, at its sole discretion and without notice to you, to suspend or terminate any Account that it believes may be unsecure or otherwise pose a risk to its systems or operations. We may also require you to change your Credentials from time to time.

  5. Commercial Terms for Archipelago Products and Services
    1. Ordering. You may order Archipelago products and services through the completion of the online order form. All orders are subject to approval and acceptance by Archipelago. Any additional terms and conditions included in an order form are not binding on Archipelago unless expressly accepted in writing by Archipelago
    2. Prices and Payment. Prices for Archipelago products and services are as set out in the order form. You are solely liable for the payment of all amounts owing in respect of the products and services ordered, and all applicable taxes, duties and levies (and any related interest or penalty), other than taxes on Archipelago’s income.
    3. Shipping Terms. Unless otherwise specified in the order form, equipment will be shipped FCA Archipelago warehouse (Incoterms: 2020). Archipelago retains a security interest in any equipment until payment has been received in full.
    4. Software. The use of any Archipelago software is subject to Archipelago’s standard [license terms LINK], which are hereby incorporated by reference.
    5. Data Subscription. The use of Archipelago data subscription services is subject to the additional third party service provider terms and conditions set out at Twilio Terms of Service. These terms are solely between you and the third party service provider. Archipelago is a reseller only, and assumes no liability for the third party services.
    6. Export Restrictions. You agree to comply with all export regulations in effect from time to time pertaining to any equipment, software or services purchased, leased or licensed from Archipelago. Without limiting the generality of the foregoing, you expressly warrant that you will not directly or indirectly use, export, re-export, or transship Archipelago products, software or services in violation of any applicable export laws, rules or regulations, including those of Canada and the United States, and you agree to indemnify Archipelago for any breach of this restriction.

  6. Privacy
    Your use of the Website and our products and services, and our use of any personal information are subject to the Archipelago Privacy Policy available at https://www.archipelago.ca/privacy-policy which forms an integral part of these Terms and is hereby incorporated by reference. Through the use of our products and services, you agree to the collection, storage and use of personal information by Archipelago in accordance with these Terms.

  7. Intellectual Property Rights; Limited Licence
    1. Ownership of Data: As between you and ‎Archipelago, you will own any electronic monitoring (EM) data that is collected through your use of Archipelago’s products and services. You agree that Archipelago will have the right to collect and use anonymized aggregate data derived from electronic monitoring data collected from you to develop and improve the AI capabilities of Archipelago solutions, and for development, diagnostic and corrective purposes related to Archipelago’s products and services, and such anonymized aggregate data shall be the property of Archipelago. “Anonymization” is the process of removing personally identifiable information from data sets so that people, locations and vessel names whom the data described remain anonymous. Please review our Data Sharing Agreement for further details.
    2. Archipelago Intellectual Property. Archipelago has developed and uses valuable technical and non-technical information, designs, patents, trade secrets, know-how and the like in development and delivery of this Website, Archipelago products and services, and all Archipelago documentation and other associated materials in any form. Except for the limited rights granted to you under the Agreement, all rights, title and interest in and to this Website, and any new or pre-existing Archipelago materials, designs, models, inventions, methodology, information, documentation, technology, know-how, patents, copyrights, works of authorship, trade secrets and other intellectual and industrial property, including any modifications or derivative works thereof, shall be and remain vested in Archipelago and its third party suppliers, as appropriate. You agree that you will not, and will prevent others from copying, translating, modifying, creating derivative works, reverse engineering, decompiling, encumbering or otherwise using any Archipelago intellectual property except as specifically anticipated by the Agreement.
    3. Trademarks: Archipelago’s name, logos and service marks, and all related names, logos, product and service names, designs, images and slogans (collectively, “Marks”) are trademarks of Archipelago, or our licensors. You must not use The Marks may be used only with Archipelago’s express prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on the Website are the trademarks of their respective third party owners, and must not be used without the owner’s consent.
    4. Feedback. If you submit any unsolicited ideas, comments, suggestions or other feedback (“Feedback”) to us regarding the Website, our products, our services and/or our content, you agree that such Feedback (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such Feedback. For greater certainty, you agree that Archipelago may use (or not use) and exploit any Feedback in any way at our discretion, without acknowledgement, compensation or obligation to you or to any other party.

  8. Acceptable Use
    Archipelago reserves the right, but does not assume the obligation, to monitor the use of the Website and to ban users who violate these Terms from using the Website. We also reserve the right to reveal users’ identities (or any other information that we may know about users, including IP address(es)) in the event of a complaint or legal action, including a request by law enforcement authorities. Archipelago assumes no liability or responsibility for any unauthorized modifications to the Website, or for any information posted, uploaded or otherwise added to the Website by any party other than Archipelago.

    You understand that by using the Website, the possibility exists that you may be exposed to content that is incomplete, inaccurate or that you consider to be objectionable. Under no circumstances will Archipelago be liable in any way for any loss, damage or injury (including, but not limited to, death or economic loss) related to, or arising as a result of any defects, errors or omissions in the Website or in any content on the Website.

    You agree that you are responsible for your own conduct when using the Website. Misuse or unauthorized use of the Website, its contents, Archipelago’s network and systems, or of any information, trademarks, images or other materials on the Website is strictly prohibited, and Archipelago reserves the right, at its sole discretion and without liability, to immediately suspend or terminate access by any user who is using, or who Archipelago reasonably believes may be using the Website or its contents in violation of these Terms. You agree that you will use the Website, including all Archipelago content, only in ways that are legal, proper and in accordance with these Terms, accepted Internet protocol, and applicable rules, policies and guidelines. Without limiting the generality of the foregoing, by using the Website, you agree not to:

    1. access or use the Website if you are not fully able and legally competent to agree to these Terms;
    2. use the Website, or our products or services, in violation of any applicable federal, provincial, local, foreign, or international laws or regulations, ‎including any laws regarding the export of data or software, patent, trademark, trade secret, ‎copyright, or other intellectual property rights of Archipelago or any other party;
    3. violate the terms of use of any third-party website or service that is linked to the Website, including any third-party data services or payment processors‎;
    4. use the Website or its contents for any commercial or revenue-generating activities unrelated to your commercial relationship with Archipelago, including for advertising, soliciting or otherwise promoting the sale or other distribution of any products or services;
    5. interfere or attempt to interfere with, or obtain unauthorized access to, Archipelago’s content, data, computers, systems or system security;
    6. upload, post, distribute, e-mail or otherwise publish or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized commercial communication, or to “hack” or “phish” us or other users;
    7. solicit or otherwise attempt to collect, discover, store or disseminate passwords, email addresses, addresses, telephone numbers, personally identifying information, or other non-public information from Archipelago or other users;
    8. defame, abuse, threaten or otherwise violate the legal rights of others, including rights regarding privacy and publicity;
    9. modify, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate any content to any third party, or establish a link from any other Website to the Website without Archipelago’s express prior written consent;
    10. remove, alter or conceal any copyright, trademark or other proprietary rights notices from our materials, or from materials created by others, without prior permission;
    11. submit content that falsely expresses or implies that it is approved or endorsed by Archipelago or others;
    12. upload, post, distribute, e-mail or otherwise publish or make available any content that you know to be inaccurate or misleading, or that is illegal, libelous, defamatory, obscene, harmful, vulgar, sexually explicit, threatening, tortuous, harassing, abusive, invasive of another user’s privacy, racially or ethnically objectionable, or which promotes hatred, physical harm or injury against any person or group;
    13. upload, post, distribute, e-mail or otherwise publish or make available any content that you do not have a right to make available under any law, including copyright laws, or under contractual or fiduciary relationships (such as insider information, and proprietary and confidential information learned or disclosed as part of an employment relationship, or under a non-disclosure agreement);
    14. upload, post, distribute, e-mail or otherwise publish or make available any material that contains software viruses or any other computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or system, website, application, telecommunications, or other equipment; or
    15. otherwise use the Website in a manner that could, in Archipelago’s sole opinion, adversely affect the operation of the Website or the ability of other users to access or use the Website, any content, or the Internet.

  9. Third Party Websites and Services
    The Website may contain links to third party websites that may be useful to or required by users of certain of our products and services. To the extent that the Website contains links to websites owned by third parties, the owners of those websites are responsible for the content on their websites and the services that they offer. If you click on those links, you will leave the Archipelago website. The accessing and use of any third party websites or services is at your own risk, and is subject to the terms and conditions governing the use of those websites and services. Archipelago does not verify any information, goods or services available through third party websites, and we cannot assume responsibility for the actions of the third parties who operate those websites. Any disputes between you and the owner of any third party website is solely between you and the owner, and you agree to waive any claim against Archipelago relating to your access to or use of a third party website or products and services.
  10. Updates, Interruption, and Termination
    1. Updates: From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Services for free or for a fee. You understand that your access to certain features of the Services might be affected by such updates. You also understand that such updates may affect the necessary system specification required to use the Services. In such case, you are responsible for any necessary equipment to continue to access the Services.
    2. Interruption: You acknowledge that the Website or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the operation of the Website will be uninterrupted. We will not be liable for any interruption of the Website, delay, or failure to perform resulting from any causes whatsoever. Additionally, the Website may be unavailable depending on geographic location. To the maximum extent permitted by applicable law, we reserve the right to discontinue the Website, or any products and services offered through the Website, at any time in our sole discretion, for any reason, or for no reason, with or without notice.
    3. Suspension or Termination: To the extent allowable by applicable law, we reserve the right to suspend or terminate your access to the Website at any time for any reason, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might (i) cause damage to or impair the Website or infringe or violate any third party rights (including privacy and intellectual property rights), or (ii) violate any applicable laws or regulations. Termination or suspension of your account also entails the termination or suspension of your licence to use the Website, or any part thereof. If we suspend or terminate your account, we will notify you by email.
  11. Force Majeure
    Under no circumstances will Archipelago be liable for delays, failures in performance of, or interruptions to the Website that result directly or ‎indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, ‎civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet ‎services or network provider services, failure of equipment and/or software, pandemic, outbreak of illness or disease, declaration of public health emergency, other catastrophe or any other ‎occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any ‎remaining provisions.‎
  12. Indemnity
    To the maximum extent permitted by law, you agree to, at your sole cost, defend, indemnify, and hold harmless Archipelago, its affiliates, and each of their respective officers, directors, shareholders, employees, contractors, agents and suppliers from and against any and all claims, actions, causes of action, suits, proceedings, judgments, awards, executions, liens, damages, demands, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses (whether brought by third parties or otherwise), arising out of or in any way connected with: (a) any breach by you, or any user of your Account, of these Terms; (b) the content of or any inaccuracy in any information or materials uploaded or transmitted by you through the Website; (c) any allegation that our use or publication of your Feedback infringes any third party intellectual property or privacy rights; (d) your access to or use of the Website; (e) your violation of any applicable laws, rules, regulations, or agreements; or (f) any misrepresentation made by you (all of the foregoing, “Claims”). You will cooperate as fully required by us in the defense of any Claims. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense, control and/or settlement of any Claims. You will not settle any Claims for which we will not be fully indemnified in accordance with this provision, without our prior written consent.
  13. LIMITED WARRANTIES; DISCLAIMER
    EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET OUT IN THE APPLICABLE USER DOCUMENTATION, PRODUCT TERMS AND CONDITIONS, OR AN AGREED STATEMENT OF WORK, ARCHIPELAGO WARRANTS THAT ITS PRODUCTS WILL FUNCTION MATERIALLY IN ACCORDANCE WITH THE PUBLISHED SPECIFICATIONS, AND THAT THE SERVICES WILL COMPLY WITH THE AGREED SERVICES DESCRIPTIONS FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF DELIVERY.
    TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE; AND (II) ARCHIPELAGO EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDING ALL CONDITIONS, WARRANTIES, OR OTHER TERMS, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMANCE WITH DESCRIPTION), EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WITHOUT LIMITATION, ARCHIPELAGO DOES NOT WARRANT THAT: (I) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR TIMELY; (II) THE WEBSITE WILL MEET ALL OF YOUR REQUIREMENTS; (III) ANY CONTENT ON THE WEBSITE WILL BE ACCURATE, COMPLETE OR ERROR-FREE; OR (IV) ANY DEFECTS OR ERRORS WILL BE RECTIFIED PROMPTLY, OR AT ALL. ARCHIPELAGO MAY CHANGE, SUSPEND OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE WEBSITE AT ANY TIME, FOR ANY REASON, WITH OR WITHOUT NOTICE. YOU ARE SOLELY RESPONSIBLE FOR ALL EQUIPMENT AND COMMUNICATIONS, INCLUDING INTERNET CONNECTIONS, REQUIRED TO ACCESS AND USE THE WEBSITE.
  14. LIMITATION OF LIABILITY
    IN NO EVENT WILL ARCHIPELAGO, OUR AFFILIATES AND OUR AND THEIR ‎RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, ‎EMPLOYEES, ADVISORS, AGENTS, SUPPLIERS OR SERVICE PROVIDERS ‎ (“ARCHIPELAGO PARTIES”) BE LIABLE (JOINTLY OR ‎SEVERALLY) TO YOU OR ANY OTHER PERSON FOR (I) ANY DIRECT, INDIRECT, ‎CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ‎EXEMPLARY DAMAGES WHATSOEVER, OR (II) LOSS OF USE, LOST DATA, LOST ‎PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL OR BUSINESS REPUTATION, LOST BUSINESS, BUSINESS INTERRUPTION OR LOST OPPORTUNITY (IN EACH CASE, WHETHER INCURRED DIRECTLY OR INDIRECTLY), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS ‎APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN TORT ‎‎(INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHER THEORY OF ‎LIABILITY, EVEN IF ANY OF THE ARCHIPELAGO PARTIES HAVE BEEN ‎ADVISED OF THE POSSIBILITY OF OR COULD HAVE REASONABLY FORESEEN ANY ‎OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY ‎FAILURE OF AN ESSENTIAL PURPOSE. IF ‎ANY PART OF THIS LIMITATION OF ARCHIPELAGO LIABILITY IS HELD TO BE VOID OR OTHERWISE UNENFORCEABLE, THEN THE ARCHIPELAGO PARTIES’ ‎LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT ‎PERMITTED BY APPLICABLE LAW.‎ NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
    IN NO EVENT WILL ARCHIPELAGO PARTIES’ TOTAL, AGGREGATE ‎LIABILITY ARISING UNDER THESE TERMS OR OTHERWISE IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBISTE, EXCEED CAD$10.00.
  15. Miscellaneous
    1. The Website is hosted and administered in Canada. No goods or services are offered for sale in any jurisdiction where it is illegal to do so. Certain products and ‎services may not be available for purchase or appropriate for use in every jurisdiction. If you are unsure, please contact Archipelago for further details prior to purchase info@archipelago.ca. Archipelago reserves the right to limit, at its sole discretion, the provision and quantity of ‎any product or service to any person or in any jurisdiction. If you choose to ‎access and use the Website from outside of Canada, you are ‎solely responsible for complying with all applicable laws.‎
    2. These Terms and the Agreement, their subject matter and their formation, are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules. The application of the UN Convention on Contracts for the International Sale of Goods (the “Vienna Convention”) is hereby expressly excluded. The courts situate in the Province of British Columbia, Canada, shall have exclusive jurisdiction over all matters arising hereunder that cannot be resolved through good faith discussions between the parties. Any claims brought by you must proceed on an individual basis, and you expressly exclude the right for any claim to be adjudicated as a class action.
    3. Archipelago may at any time assign its rights and obligations under these Terms, in whole or in part, without ‎notice to ‎you. You may not assign these Terms without our prior written consent. These Terms will ‎inure to the benefit ‎of, and bind you and us and our respective personal and legal representatives, ‎successors and permitted ‎assigns.‎
    4. Archipelago’s failure to insist upon or enforce any provision of these Terms or the Agreement will not be construed as a waiver of any provision or right.
    5. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be deemed to be removed from these Terms without affecting the rest of these Terms, and the remaining provisions in remain in full force and effect.
    6. The parties have requested and agree that these Terms and all documents relating thereto be ‎drawn up in ‎English / Les parties ont demandé que cette convention ainsi que tous les documents qui ‎s’y rattachent soient ‎rédigés en anglais.‎
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