Entire agreement

The terms and conditions of this Agreement and any other documents incorporated by reference supersede all prior oral and written agreements between you and Globitex (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by Globitex with respect to the subject matter of this Agreement and shall constitute the entire agreement between the parties with respect to the matters contained herein.

Headings

The headings provided in this Agreement are for convenience and navigational assistance only, and shall have no legal or contractual effect.

Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and Globitex nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Waiver

Globitex’s failure to insist on strict performance of any provision of this Agreement will not be construed as a waiver of any provisions or of any rights under these Agreement.

Limitation on Actions

You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against Globitex, its affiliates, officers, directors, employees, consultants, contractors, agents, and suppliers arising out of or related to use of the Digital Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Governing Law, Forum, and Injunctive Relief

You and Globitex both agree that this Agreement is governed by the laws of the Province of Ontario, and you and Globitex irrevocably attorn to the jurisdiction of the courts of Ontario.  This section will not prevent a Party from seeking injunctive relief in a convenient forum.