Terms of Service

Last Updated: 1st January 2024

These Terms of Service (the "Agreement") are a contract between you and April Labs Inc. (“April”) and govern your access to and use of the Reap mobile application (the "Reap Mobile App"), the Reap website located at www.reapmini.com, and all other Reap-branded websites (each, a "Website"), and other software applications and online services provided by Reap (collectively, the "Service"). By using any portion of the Service, you agree to comply with and be bound by this Agreement. This Agreement applies to you regardless of whether you are a "Member" (which means you have created an account with April for the Service (“Reap Account”) or are a "Visitor" (which means that you are using the Service but have not created a Reap Account). The term "you" or "User" refers to a Visitor or a Member. The terms "we" or "our" or "us" refer to April. You must be an individual and at least 18 years old, or the age of majority in your state, province, or country of residence, to use the Service. You may not use the Service or accept this Agreement if you are not of a legal age and able and competent to form a binding contract with April. If you use the Service, you represent that you have the capacity to be bound by this Agreement. The Service is for personal, non-commercial use. You agree that you are not using the Service for or on behalf of any third-party, or for any commercial purpose. THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION LAWSUIT AGAINST US; AND (3) A RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. BY USING THE SERVICE, YOU AGREE TO THESE PROVISIONS. Amendments to this Agreement April may amend this Agreement or other policies that govern the Service from time to time. Any changes to the Agreement will be posted to https://apriloracle.com/terms-of-service.html, and the posted Agreement will indicate the date the Agreement was last revised. If you do not agree to the changes, you must uninstall any applicable April software and stop using the Service. By continuing to use the Service after any changes to this Agreement are posted on the Website, you agree to be bound by those changes. Privacy and your Personal Information The Service is subject to April's privacy and data protection practices (the “Privacy Policy"). Please read our Privacy Policy found at https://apriloracle.com/privacy-policy.html. Our Privacy Policy explains how April collects, uses and shares your information when you visit our Website, use the Reap Mobile App or otherwise access the Service. By using the Service, you consent to April's collection, use, and sharing of your information as set forth in our Privacy Policy. Description of the Service The Service includes a suite of tools that allows Users to search for deals, coupons, discount codes, and exclusive offers, to learn pricing and product information, and to look for savings when shopping online. As described in more detail in the April Rewards Program Agreement, Members can also use the Service to earn April Rewards. April offers a variety of ways to access aspects of our Service, including the Website and, in some countries, the Reap Mobile App. Not all aspects of our Service will be available through all channels or in all locations. In addition, you must become a Member to access some portions of our Service, including to earn and redeem April Rewards. Additionally, certain redemption options may also require a Reap account. April does not charge fees to you for its Service. We try and locate the best publicly available discounts and coupons, track product pricing, and negotiate exclusive offers that may be better than other publicly available deals. We make money to sustain the Service when you purchase or engage with these offers. While we try and find you the best available discounts and coupons, and to identify low prices, we may not always find you the best deal. April is not responsible for any missed savings or rewards opportunities. While we attempt to provide accurate descriptions for the products, offers, coupons, discount codes, sales and other information shown within or through the Service, much of the information we display (including many coupons and offer descriptions) is provided by third parties that we do not control. We do not warrant that the product descriptions, third-party offers or discount codes, or related merchant information or terms shown through the Service (including the Website, Reap Mobile App or emailed offers) are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Website or Reap Mobile App at a particular time does not imply or warrant that these products will be available at any other time. Offers, coupons, and discount codes are provided subject to availability. Exclusions, restrictions, and terms and conditions (including third-party merchant exclusions, restrictions, and terms and conditions) may apply. Deals change often, and due to this, your application of offers, coupons and discount codes at checkout may or may not result in savings for your order. Merchant Returns If you are unhappy with your merchant product purchase, if you wish to return your merchant product, if you ordered a merchant product and it has not arrived, or if you have another customer service inquiry regarding your purchased merchant product, you will need to contact the third-party merchant from whom you purchased the product. April is not involved in your merchant product purchase and is not able to assist with any customer service inquiries or returns related to that purchase. To assist you with customer service concerns, April may, for some merchants, include the merchant's contact information within the Reap Mobile App. April Offers and Third-Party Links April may display to you Reap offers and other personalized and non-personalized pricing and product information regarding goods and services offered by third-party merchants. These offers and product information may be provided in several ways, including as links to third-party websites or as coupons or discount codes you can apply to your purchase of products offered by third-party merchants. Additionally, April may display to you certain product-specific offers, which may offer you a specific amount of Rewards Points if you purchase a specific item from a specific third-party merchant ("Reap Offers"). Not all Reap Offers will be available on all devices, web browsers, or through all channels. For example, we may display a specific Reap Offer to you on your mobile phone, but that same offer may not be available to you via your desktop computer or other device. Similarly, we may display a specific Reap Offer to you while you are using a particular web browser, but that same Reap Offer may not be available to you via a different web browser or through a different channel, such as the Reap Mobile App. If shown a Reap Offer, you must follow the instructions displayed to you on that device and channel (and if, applicable, in the same web browser which the Reap Offer was displayed to you in) in order to take advantage of the offer. To improve our services, April may track how you use the services we provide, including whether you click on April links to third-party websites, your actions on those third-party merchant websites, and whether you use the discount or coupon codes displayed by April. April Is Not Responsible for Third Parties All products you purchase from a third-party merchant, including those linked from the Website or April emailed offer, or displayed through the Reap Mobile App are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by April. April is not responsible for any third-party merchant products or any information contained on the third-party merchant's website (including if the third-party merchant's website is displayed through the Reap Mobile App). You agree that your purchase from a third-party merchant is subject to such merchant's own terms and conditions applicable to such purchase. You agree that April is in no way responsible or liable to you for any products you purchase through or using the Service, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that April is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants. April does not endorse, warrant or guarantee the products or services that are displayed through the Service, including through Reap Offers and other advertised links to third-party websites. April is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites, or the products or services available on them. April does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party via our Service are the best prices, best terms or lowest rates available in the market. When you access third-party websites through our Service, you accept that there are risks in doing so, and that April is not responsible for such risks. We encourage you to be aware when you are on a third-party merchant website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. April has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party that you interact with through the Service. In addition, April will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. If you have a dispute with any third-party (including a merchant from whom you purchase a product in connection with the Service), you agree that April is under no obligation to become involved. To the maximum extent permitted by applicable law, you release April, its affiliates, and each of their respective officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a third-party in connection with the Service. Gift Cards Third-party gift cards made available as a redemption option as part of the April Rewards Program are subject to the terms and conditions of the applicable merchant and/or the merchant's card issuer. Gift cards and card balances are issued by (and are solely the liabilities of) the merchant or its card issuer and not April. You agree that April is not responsible for any gift card program, is not the issuer of any gift cards, is not the holder of any liabilities related to unredeemed gift cards, and makes no representations or warranties regarding the gift cards available through April or the products and services you purchase with any such gift card. All gift card sales are final and non-refundable. Reap Mobile App The Reap Mobile App is only available for users in certain countries and may not currently be available in your country or location. The Reap Mobile App works on an application linked to a particular device and operating system, such as Apple's iOS operating system. Your use of the Reap Mobile App may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple®, Google® or Microsoft®), your mobile device manufacturer (e.g., Apple®, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service (which we individually refer to as a "Covered Third Party" and which we collectively refer to as "Covered Third Parties"). You agree to comply with all applicable third-party terms of service when using the Reap Mobile App. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and April, not with any Covered Third Party. You acknowledge and agree that we (and not any Covered Third Party) are solely responsible for the Reap Mobile App and for providing any maintenance or support services for the Reap Mobile App. Covered Third Parties have no warranty obligations whatsoever with respect to the Reap Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Reap Mobile App to conform to any warranty provided by us (if any), will be our sole responsibility. We, not any Covered Third Parties, are responsible for addressing any claims relating to the Reap Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Reap Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims. If you are using the Reap Mobile App on an Apple® or Google® device, you acknowledge and agree that Apple® or Google® (as applicable), and their subsidiaries (as applicable), are third party beneficiaries of this Agreement, and that they will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Reap Mobile App. To the extent the other terms and conditions of the rest of this Agreement conflict with the terms and conditions of this section, the terms and conditions in this section apply, but solely with respect to your use of the Reap Mobile App downloaded from the Apple App Store or Google Play Store. Account Information from Third Party Sites When you establish a Reap Account, we may allow you to register your account, log-in, or otherwise link your Reap Account with an account you maintain with a third-party, such as Facebook® or Google® ("Linked Account"). You represent that any Linked Account belongs to you and you are permitted to link it to your Reap Account. April does not control the policies and practices of any third-party site or service, including any Linked Account you connect to the Service and April is not responsible for any actions or omissions of providers of a Linked Account, including related to accuracy, legality or non-infringement. April is not responsible for the products and services offered by or through your Linked Account. If permitted by your Linked Account, April may import information from your Linked Accounts to help better offer the Service to you. April Rewards Program The April Rewards Program is offered by April to Users with Reap Accounts via the Reap mobile app, https://www.reapmini.com, made available to Reap Account users participating in the April Rewards Program, and such other channels as Reap may make available from time to time. Your access to and use of the April Rewards Program is governed by the April Rewards Program Agreement, which is incorporated herein by reference. Any capitalized terms relating to the Rewards Program that are not otherwise defined in this Agreement shall have the meanings given to them in the April Rewards Program Agreement. Referral Program April may, from time to time, allow you to earn April Rewards in connection with taking actions to promote the Service, including by referring a friend to the Service ("Referral Program"). To be eligible to earn Rewards through the Referral Program (i) you must refer a new user to the Service by providing your personalized link, (ii) the new user must use your link to create a user account and become a Member and (iii) the new user must make a qualifying purchase using their Member account and earn Rewards. You may not attempt to earn Rewards in connection with the Referral Program through fraud, deceit, or artificial or illegal means, including by creating multiple or duplicate accounts, engaging in a bot network, spam, advertising or any paid promotional channel. We reserve the right, in our sole discretion, to withhold Rewards for any reason in connection with the Referral Program with or without cause. We may also limit, in our sole discretion and without prior notice, the amount of Rewards you may earn through the Referral Program or any aspect thereof. Failure to comply with this Agreement or any fraudulent or abusive actions may result in the removal of April Rewards from your account, and may also result in April suspending or closing your account and/or suspending or terminating your access to the Service. Your Log-In and Account Information You agree and understand that you are responsible for maintaining the confidentiality of your Log-in ID, email address, password and any other personal identifying information or other codes used to access your Reap Account or the Service ("Log-In Information"). If you become aware of any unauthorized use of your Log-In Information, you agree to notify April immediately. Accurate records enable April to provide the Service to you. You agree to keep your email address, your other contact information and any payment information in your Reap Account profile accurate and up-to-date. If you do not do this, the accuracy and effectiveness of the Service to you will be affected and you may not receive account notices that we deliver to you. If you fail to keep your contact information updated, you will still be deemed to have received any notices we deliver to the email address you last provided. Electronic Notices By providing us with your email address, you agree to receive all account related notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile and /or click "Unsubscribe" in any e-mail communications we send you. Electronic Notifications April may provide you with electronic notifications by email, push notification or other electronic means. Some electronic notifications are mandatory, including security-related notifications, such as when you update your log-in information or password. Other types of notifications are voluntary and may be modified through the Service. They may be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your account. April may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service. You may also be able to modify how you receive push notifications via the Reap Mobile App through your mobile device by changing your mobile device settings. Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. Because notifications are not encrypted, we will never include your password. However, notifications may include your Reap Account login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. While you may disable certain voluntary notifications, we will still send you Service-related notices as needed to allow us to provide you the Service. April's Intellectual Property Rights The contents of the Service, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to April or its software or content suppliers. April grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service, other than as expressly permitted in this Agreement or with our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at [email protected]. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes. Subject to your compliance with this Agreement, April hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Service (for personal, non-commercial purposes); and (ii) download a single copy of our software for such use. You agree that April may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our Privacy Policy). Technology Disclaimer Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by April. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times. You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the Reap Mobile App. We do not guarantee that the Reap Mobile App can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the Reap Mobile App will be available in, or that orders for products can be placed from, any particular geographic location. Rules for Posting Content As part of the Service, April may allow Users to post content on various publicly available locations in the Service ("User Content"). You agree in posting User Content to follow the following rules: You are responsible for all User Content you submit to the Service. By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others. Prohibited Activities You represent, warrant, and agree that you will not contribute any content or otherwise use the Service or interact with the Service in a manner that: Infringes or violates the intellectual property rights or any other rights of anyone else (including April); Violates any law or regulation or this Agreement; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of your Reap Account or anyone else's (such as allowing someone else to log in to the Service as you); Attempts, in any manner, to obtain the password, account, or other security information from any other User; Violates the security of any computer network, or cracks any passwords or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or "spam" on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service's infrastructure) or that would bypass the navigational structure or presentation of the Service; "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Service or Content (through use of manual or automated means); Copies or stores any significant portion of the Content; Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service; or Circumvents, removes, alters, deactivates, degrades or thwarts any protective or security measure, or any content protections, which April has implemented as part of the Service. If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Service. Disclaimer of Representations and Warranties; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. APRIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. APRIL MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. APRIL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT. Notification Disclaimer You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. April does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that April shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification. Limitations on April's Liability APRIL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF APRIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, APRIL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED CANADIAN DOLLARS). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF APRIL SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT. Your Indemnification of April You shall defend, indemnify and hold harmless April and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney's fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service (including any purchases you make within the Reap Mobile App) or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service. Ending your Relationship with April (and vice versa) This Agreement will continue to apply until terminated by either you or April as set out below. If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service by uninstalling Reap and stop visiting our Website and using the Service. April may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE CANADIAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN FEDERAL COURT IN THE PROVINCE OF ONTARIO, CANADA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 4030 Sheppard Ave. East, Toronto, Ontario, Canada, M1S 1S6. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND APRIL ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the Canadian Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. If you do not want to arbitrate disputes with April and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to [email protected] within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us. Governing Law and Forum for Disputes Governing Law and Forum for Disputes (Continued) This Agreement, and your relationship with April under this Agreement, shall be governed by the laws of the Province of Ontario in Canada without regard to its conflict or choice of laws provisions. Any dispute with April, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case April may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, April is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with April, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Copyright Disputes and User Content You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like April, being asked to remove user generated material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, visit here. To learn more about the DMCA, visit here. Consumer Rights Notices Please refer to the Ontario Consumer Rights Notice. Assignment April may assign, without recourse, any or all of its rights or obligations under this Agreement, including all or a portion of this Agreement. Miscellaneous If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if April does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which April has the benefit of under any applicable law), this will not be taken to be a formal waiver of April's rights and that those rights or remedies will still be available to April. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. The term "including" in this Agreement means "including but not limited to." Contact Us April welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at [email protected] or writing us at 4030 Sheppard Ave. East, Toronto, Ontario, Canada, M1S 1S6.