ePasslive Terms of Use The following terms of use bind you to EPASSLIVE and govern your use of EPASSLIVE services. In case of any discrepancies between the French version and the English version of these Terms of Use, the French version shall prevail.
1.1 Acceptance of Terms
1.1 Overview
The following terms of use (these “Terms”) apply to all your uses as a buyer (as defined below) or other non-organizer user (as defined below) or visitor of (a) the websites and domains of EPASSLIVE [Owned by Kay Productions Musique Inc.] (including all web pages, subdomains, and sub-sections contained therein, collectively: the “Site”), (b) all services available on the Site or provided by EPASSLIVE in connection with the events posted on the Site, and (c) all software (as defined below) (collectively, the “Services”). The Services are owned and operated by EPASSLIVE. The services are offered in exchange for your acceptance without modification of any of the terms contained herein and any other rules, policies, and procedures that may be posted on the Site from time to time by EPASSLIVE. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL THE TERMS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY EPASSLIVE. IF YOU DO NOT AGREE TO SUCH TERMS, RULES, POLICIES, OR PROCEDURES, DO NOT USE OR ACCESS THESE SERVICES.
1.2 Modifications
EPASSLIVE reserves the right, at its sole discretion, to modify, adapt, or replace any terms of these Terms at any time. It is your responsibility to review these Terms regularly to stay informed of any changes. Your use of the Services after the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the changes in these Terms, your sole remedy is to stop using the services and cease access to the site.
1.3 Language
We may translate these Terms of Use, our Privacy Policies, or our other operating rules, policies, and procedures that may be posted from time to time on the Site into other languages for your convenience. The French version of each of these documents is the version that governs your use of the Services. In the event of any inconsistency between the French version and a translated version, the French version shall prevail.
- Description of ePasslive
EPASSLIVE provides a simple and fast way for registered users who are event organizers or planners (“Organizers”) to collect payments related to the sale of tickets/registrations, merchandise, and services for events registered on the Site from users wishing to attend such events (“Buyers” or “you”). Organizers can visit the Site, complete a questionnaire about their event, and collect registration fees online directly from Buyers. All payments are processed by Moneris (“Facilitated Payment Process” or “FPP”). These Terms apply to you and your use of the Services as a Buyer and/or non-Organizer user or visitor of these Services. For the Terms of Use that apply to you as an Organizer, refer to the “Organizer” section available at the top of this page.
- Your Use of the Services
3.1 The Services
EPASSLIVE grants you the non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purpose of browsing the Site, searching for, viewing, registering for, and interacting with, an event registered on the Site, in each case (i) in full compliance with these Terms, and (ii) as permitted under all applicable laws and regulations (national and international). Notwithstanding the foregoing, you are not authorized, and you may not authorize a third party, directly or indirectly, to (i) modify, reproduce, or create derivative works of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of the Services (except to the extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, sell, resell, distribute, or otherwise use the Services for time-sharing or service bureau purposes or for any other commercial purpose; (iv) remove or alter any proprietary notices or labels on the Site or the Site Content; (v) engage in or attempt to engage in any activity that interferes with or disrupts the Services; or (vi) engage in or attempt to engage in any fraudulent activity.
3.2 Software
If you are allowed to download or use any Software in connection with the Services, EPASSLIVE grants you a personal, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software solely for your internal use in connection with the Services and only in accordance with these Terms and any written instructions (if any) provided by EPASSLIVE in connection with the Software. For clarity, “Software” refers to any and all software available on or through the Site or provided by EPASSLIVE, including, without limitation, EPASSLIVE’s mobile applications. No Software may be downloaded or exported or re-exported in violation of Canadian export laws. Downloading or using the Software is at your own risk.
- Your Registration Obligations
To be a user of the Services, as a Buyer or non-Organizer, you agree to (a) provide truthful, accurate, current, and complete personal information as requested in the Site’s various registration forms (the “Registration Data”), and (b) maintain and promptly update this Registration Data to ensure it remains truthful, accurate, current, and complete. If you provide information that is untruthful, inaccurate, outdated, or incomplete, or if EPASSLIVE has reasonable grounds to suspect that the information provided is untruthful, inaccurate, outdated, or incomplete, EPASSLIVE has the right to suspend or terminate all your accounts and refuse any current or future use of the Services (or any portion thereof).
- Content
5.1 Site Content
You agree that all components, including, without limitation, information, data, software, text, design elements, graphics, images, and other content (collectively, “Content”) contained in or delivered through the Services or made available by EPASSLIVE in connection with the Services (collectively, “Site Content”) are protected by copyright, trademarks, service marks, trade secrets, or other intellectual property rights and other laws and rights related to property. EPASSLIVE may own the Site Content, or a portion of it may have been made available to EPASSLIVE under agreements with third parties. Unless expressly authorized by EPASSLIVE in writing and in connection with your intended use of a feature of the Services, you agree not to sell, license, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any part of the Site Content or publish any part of the Site Content on any other website or in any networked environment for any reason. Reproducing, copying, or distributing any part of the Site Content for any reason is strictly prohibited without prior written permission from EPASSLIVE. You may use the Site Content only for purposes permitted by these Terms and all applicable laws and regulations (national and international). All rights not expressly granted herein are reserved.
5.2 Your Content
You acknowledge and agree that if you contribute, provide, or make available any content to the Site (“Your Content”), you grant EPASSLIVE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works from, perform, display, or otherwise exploit Your Content, in whole or in part, in any media known or to be developed, for any purpose or any other reason. You represent and warrant that you have all the rights, power, and authority necessary to grant the aforementioned license, and that all Your Content (i) does not infringe, violate, misappropriate, or conflict with the rights of any other third party, and (ii) complies with all applicable laws and regulations (national and international). Furthermore, Your Content must be accurate and truthful. EPASSLIVE reserves the right to remove or reject any part of Your Content from the Site at any time if EPASSLIVE believes, in its sole discretion, that it is not in compliance with these Terms. Additionally, you agree that EPASSLIVE may use your name and logo (whether or not you have made it available on the Site) to identify you on the Site or in business or advertising materials as a current or past client of EPASSLIVE.
5.3 Copyright Notice
If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you may send us a notice requesting that the Content be removed or that access to it be blocked. Notices and counter-notices must meet the then-current legal requirements imposed by Canadian copyright laws. Notices and counter-notices regarding the Services should be sent to: EPASSLIVE 5520 Chabot, Suite 204 Montreal, QC, Canada H2H 2S7 Email: support@epasslive.com
- Accounts, Passwords, and Security
During the Site’s registration process, you may be required to create a password and an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including, without limitation, all actions of sub-users registered under your account. You agree to (a) immediately notify EPASSLIVE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. EPASSLIVE cannot and will not be liable for any loss, damage, or other consequences resulting from your failure to comply with this Section or from any unauthorized access or use of your account. In the event of a conflict between two or more parties over account ownership, you agree that EPASSLIVE may, in its sole discretion, arbitrate such disputes, and EPASSLIVE’s decision (which may include termination or suspension of any accounts subject to dispute) will be final and binding on all parties involved.
- Payments
7.1 Independence of Facilitated Payment Processes (FPP)
By using a Facilitated Payment Process, Organizers and Buyers submit applicable monetary transactions to the services of the said Facilitated Payment Process provider and are bound by the applicable terms of use governing the use of such services.
7.2 Refunds
It is the Organizer’s responsibility to communicate its refund policies to Buyers and process refunds to Buyers through the Site or otherwise. Any communication or dispute regarding refunds is between the Organizer and the Buyer. EPASSLIVE will not be held responsible for refunds, refund-related errors, or refusals of refunds by the Organizer. Any communications or disputes regarding chargebacks and refunds are between the Organizer and the Buyer. EPASSLIVE will not be held responsible for chargebacks related to a buyer’s use of the services. If you are a Buyer and wish to request a refund for an event that is part of the Services, you must contact the Organizer directly.
Ticketing fees charged by EPASSLIVE are non-refundable.
Unused tickets by the end of the event are non-refundable unless otherwise noted by the Organizer.
All refunds for transactions older than 365 days will not be issued through ePasslive and must be negotiated directly between the Buyer and the event Organizer.
- International Use Warnings
Recognizing the global nature of the internet, you agree to comply with all local laws regarding online conduct and acceptable content. For example, and without limitation, you agree to comply with all applicable laws and regulations (national and international) regarding the transmission of technical data exported from Canada or the country in which you reside. Additionally, the Services are subject to Canadian export control laws. No part of the Services may be exported or re-exported into any country subject to an embargo from Canada on similar goods or services, or to any resident or national of such a country. By using the Services or any part of them (including downloading any software), you represent and warrant that you are not located in or a resident of any such country.
- Conduct
9.1 Certain Restrictions
- Regardless of your reason for using the Services, you understand that you are responsible for all content, in any form, that you provide or make available to the Services or with the services, including to buyers and other users of the Services. You agree not to use the Services to:
- Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or ethnically objectionable, or otherwise objectionable;
- Harm minors in any way;
- Facilitate gambling, lotteries, contests, and/or any activity where a prize is awarded, other than compliant and lawful contests or lotteries;
- Impersonate any person or entity, including, but not limited to, an EPASSLIVE representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- Upload, post, email, transmit, or otherwise make available any Content for which you do not have the right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Post, email, upload, transmit, or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations for events listed on the Site and other goods and services sold or provided in connection with such events;
- Upload, post, email, transmit, or otherwise make available any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment in a way that is not permitted by these Terms or expressly authorized by EPASSLIVE;
- Interfere with or disrupt the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- Violate any applicable law or regulation (domestic or international), either intentionally or unintentionally; or
- Stalk or otherwise harass any person or entity.
- Limitations on Ticket Resending
If a Buyer requests ticket resending to a new email address, the Organizer must verify the identity of the Buyer before proceeding with the resending. The Organizer is responsible for ensuring that the tickets are not sent to unauthorized individuals. EPASSLIVE will not be liable for any fraud related to ticket resending.
- Indemnification
You agree to defend, indemnify, and hold harmless EPASSLIVE, its affiliates, and each of its and their respective officers, directors, other partners, and employees from any damages, whether direct, indirect, incidental, or consequential, and from all losses, liabilities, costs, and expenses (including, without limitation, reasonable legal fees) arising out of any claim, demand, lawsuit, action, proceeding, or investigation (whether by arbitration, court, mediator, or otherwise) initiated by any third party (individually, a “Claim”) due to or arising out of your Content; your events posted; your use of the service, your connection to the Services; your violation of these Terms; and/or your violation of any third-party rights. EPASSLIVE will notify you of the existence of such a claim, provided that any failure or delay in providing such notice by EPASSLIVE does not limit your liabilities hereunder. EPASSLIVE reserves the right to assume the defense and control of any matter subject to indemnification under this section, and you agree to cooperate with any reasonable requests in assisting EPASSLIVE’s defense of such matters.
- Modification/Suspension of Services
EPASSLIVE reserves the right, at any time and for any duration, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason, with or without notice. You agree that EPASSLIVE shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
- Termination
At its sole discretion, EPASSLIVE may terminate your password, account(s) (or any part thereof), and/or your use of the Services, and remove and discard any of Your Content (in whole or in part) posted on the Services, at any time and for any reason, including, without limitation, due to inactivity or if EPASSLIVE believes that you have violated or acted inconsistently with these Terms. You agree that any termination of your access to or use of the Services may be effected without prior notice, and you agree and acknowledge that EPASSLIVE may immediately deactivate or delete your account and all related Content and files in your account and/or bar any further access to such files or the Services. Further, you agree that EPASSLIVE shall not be liable to you or any third party for any termination of your access to the Services.
- Links
The Services may provide, or third parties may provide, links to other websites or resources. As EPASSLIVE has no control over such websites or resources, you acknowledge and agree that EPASSLIVE is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services, or other materials on or available from such websites or resources. You further acknowledge and agree that EPASSLIVE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or services available on or through any such website or resource.
- Privacy
Information provided by you or collected by EPASSLIVE in connection with the Services is governed by EPASSLIVE’s Privacy Policy, a copy of which is available in the privacy policy section and is hereby incorporated into these Terms. EPASSLIVE recommends that you review the Privacy Policy. We handle your personal information in accordance with applicable data protection laws, including Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and the General Data Protection Regulation (GDPR) in Europe. We have implemented technical and organizational measures to protect your data from loss, misuse, and unauthorized access. Additionally, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information that is important to you. EPASSLIVE is not responsible for protecting any such information, nor for the protection of any private email or other information transferred through the Internet or any other network that you may use. If you choose to disclose personally identifiable information on the Services, be aware that this information may become public and EPASSLIVE does not control the actions of other users of the Services. As a buyer, you agree that your personal information, such as your name, email address, and postal address, may be shared with the organizer of the event you are attending in accordance with the Privacy Policy. This information is necessary to facilitate your participation in the event and the management of your ticket. The organizer also agrees to comply with applicable data protection laws in the use of your information.
- Disclaimers of Warranties
WE PROVIDE THE SITE AND ITS CONTENT TO YOU "AS IS" AND "AS AVAILABLE." WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE DURING THE COURSE OF DEALING OR USAGE IN TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT INTERRUPTION, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE EPASSLIVE AND ITS AFFILIATES FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY. CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” EPASSLIVE MAKES NO WARRANTY THAT THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART OF THEM), WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. EPASSLIVE IS NOT, AND WILL NOT BE, RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, FRAUD, ACTIONS, OR INACTION OF ANY USER, BUYER, OTHER NON-ORGANIZER, ORGANIZER, OR THIRD PARTY BEFORE, DURING, AND/OR AFTER AN EVENT; AND EPASSLIVE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED ABOVE. YOU ACKNOWLEDGE THAT EPASSLIVE HAS NO CONTROL OVER, AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF CONTENT OR LISTINGS PROVIDED BY ANY USER (INCLUDING, WITHOUT LIMITATION, BUYERS, OTHER NON-ORGANIZERS, AND ORGANIZERS), OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS, AND ORGANIZERS) TO PERFORM OR COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. It is your responsibility to verify if the events will actually take place and that the organizer is an authorized ticket seller. Even though efforts are made to prevent fraud, EPASSLIVE will not be responsible for fraudulent behaviors by organizers. Notwithstanding the above, you may report the misconduct of users, Buyers, other Non-Organizers, Organizers, and/or third parties in connection with the Site or any EPASSLIVE Service. EPASSLIVE, at its sole discretion, may investigate the claim and take appropriate action. WHEN PURCHASING, YOU CONSENT TO RECEIVE A CONFIRMATION EMAIL AND YOUR ELECTRONIC TICKETS AT THE EMAIL ADDRESS YOU PROVIDE. YOU MAY ALSO RECEIVE OTHER ADVERTISING EMAILS, NOTIFICATIONS, OR EVENT MODIFICATIONS. IT IS YOUR RESPONSIBILITY TO ENSURE THE CORRECT RECEPTION OF YOUR TICKETS, PRINT THEM, AND HAVE THEM IN YOUR POSSESSION WHEN YOU ARRIVE AT THE EVENT.
- Limitation of Liability
EPASSLIVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EPASSLIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES. EPASSLIVE'S LIABILITY SHALL IN NO EVENT EXCEED FIFTY CANADIAN DOLLARS (CAD $50.00). EPASSLIVE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THIRD-PARTY SERVICES USED IN CONNECTION WITH THE SERVICES, INCLUDING ANY FACILITATED PAYMENT PROCESS PROVIDERS, NOR FOR THE CONDUCT OF ANY ORGANIZERS OR OTHER THIRD PARTIES ASSOCIATED WITH EVENTS LISTED ON THE SITE. EPASSLIVE’S LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Release
IN CONSIDERATION FOR BEING PERMITTED TO ACCESS THE SERVICES, YOU HEREBY AGREE TO RELEASE EPASSLIVE AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, CO-BRANDED PARTNERS, OTHER PARTNERS, AND EMPLOYEES, FROM ALL DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF ANY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO DISPUTES BETWEEN YOU AND ANY THIRD PARTY (INCLUDING OTHER USERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS TO AND USE OF THE SERVICES, OR ANY EVENTS LISTED ON THE SERVICES.
- Notices
Notices to you may be made via email or regular mail to the address in EPASSLIVE’s records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on the Services. Any notices to us must be sent in writing to our postal address: EPASSLIVE
5520 Chabot, Suite 204
Montreal (QC), Canada
H2H 2S7
- Trademark Information
The trademarks, service marks, and logos of EPASSLIVE (the “EPASSLIVE Trademarks”) used and displayed in connection with the Services are registered or unregistered trademarks or service marks of EPASSLIVE. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”). Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any EPASSLIVE Trademark or Third-Party Trademark displayed in connection with the Services without the prior written consent of EPASSLIVE specific for each such use. The EPASSLIVE Trademarks may not be used to disparage EPASSLIVE or the applicable third party, or in any manner (in EPASSLIVE’s sole judgment) that may damage any goodwill in the EPASSLIVE Trademarks. All goodwill generated from the use of any EPASSLIVE Trademark shall inure to EPASSLIVE’s benefit.
- General
21.1 Entire Agreement These Terms constitute the entire agreement between you and EPASSLIVE and govern your use of the Services as a Buyer or other non-Organizer, superseding any prior agreements, proposals, discussions, or communications between you and EPASSLIVE relating to the matters contained herein. You may also be subject to additional terms and conditions that may apply when you use related services, third-party content, or third-party software.
21.2 Choice of Law These Terms and the provision of the Services shall be governed by the laws of the province of Quebec, Canada, as applied to agreements entered into and performed entirely within Quebec by residents of Quebec.
21.3 Arbitration Any disputes, conflicts, or claims arising out of or relating to these Terms or the provision of the Services shall be submitted to binding arbitration in accordance with the rules of commercial arbitration. Such disputes, conflicts, or claims shall be submitted on an individual basis and may not be consolidated with any disputes, conflicts, or claims of other parties subject to arbitration. Arbitration shall be conducted in Montreal, Quebec, and judgment on the arbitration award may be entered by any court having competent jurisdiction. Subject to the foregoing, you and EPASSLIVE agree to submit to the personal jurisdiction of the courts located in Montreal, Quebec. Either you or EPASSLIVE may seek interim or preliminary relief from a court of competent jurisdiction in Montreal, Quebec, as necessary to protect the rights or property of you or EPASSLIVE (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
21.4 Waiver; Invalid Provisions The failure or delay of EPASSLIVE to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. No oral waivers, amendments, or modifications shall be deemed effective under any circumstances. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
21.5 Limitation of Claims You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within two (2) years after such claim or cause of action arose, or be forever barred.
21.6 Headings The section titles in these Terms are for convenience only and have no legal or contractual effect.
21.7 Violations Please report any violations of these Terms by email to support@epasslive.com.