Last Updated: May 7, 2024

Welcome to the Infoflutter Corporation Website and App (www.Infoflutter.com).

At Infoflutter Corporation ("Infoflutter"), we offer services from the Infoflutter Website for businesses that have a Loyalty Rewards Provider account ("Rewards Provider(s)") to connect with their customers ("User(s)"), create custom loyalty rewards programs ("Rewards Program"), send, earn, collect and redeem rewards ("Rewards"), create, publish and distribute offers ("Offers") and upload and collect photos ("Content"), as well as provide the sale of other related services and products from the Rewards Providers' business. We also offer services from the Infoflutter Website for Users to earn, collect and redeem Rewards and Offers from Rewards Providers and to upload and share Content. We provide Services (collectively the "Service(s)") to you subject to the following notices, terms, and conditions (the "Terms"). We take no responsibility for the accuracy, value, or any other representations made on the Website and/or by Rewards Providers and/or other Users of the Website, including merchants that don't have a Loyalty Rewards Provider Account ("Merchant(s)").

Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between Infoflutter ("we" and/or "us", etc) and you ("you").

You may only use the website(s) operated by Infoflutter if you first accept these terms.

You must register with Infoflutter to access and use certain features of the Service. If you create an account on the Infoflutter Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account.

You must immediately notify Infoflutter of any unauthorized uses of your data, your account, or any other breaches of security. You may not use the account, username, or password of another user at any time or disclose your password to any third party or permit any third party to access your account. The Infoflutter Website is limited to legal residents of Canada and the United States of America who are 19 years of age or older. You agree that you will not provide any false information or any mobile device numbers that don't belong to you. You further agree that your use of the Infoflutter Website will comply with applicable law. Infoflutter will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of your use of the Infoflutter Website.

PRIVACY POLICY INCORPORATED HEREIN

Infoflutter values your privacy and is committed to protecting it in accordance with our Privacy Policy. Please take a moment to review our Privacy Policy, which can be found at www.infoflutter.com/privacy. By using our services, you agree to the terms outlined in our Privacy Policy, which is hereby incorporated into these Terms.

We reserve the right to contact you regarding your compliance with these Terms or any activities related to the use of the Infoflutter Website, including the display of Content. You acknowledge that Infoflutter may retain Content and disclose it if required by law or if we believe, in good faith, that such action is necessary to: (a) comply with legal obligations; (b) enforce these Terms; (c) respond to claims of infringement of third-party rights; or (d) protect the rights, property, or safety of Infoflutter, our users, or the public.

ORDERING OF SERVICES; CONDUCT OF SERVICES

By purchasing products and/or services from Infoflutter online or verbally through a sales representative (the "Subscription Order"), you agree and acknowledge the following: The service will commence on the date the Subscription Order is accepted by Infoflutter and shall continue through the term that was purchased (the "Subscription Term"). No refunds shall be issued for cancellations. Following the expiration of the Subscription Term, the Agreement shall automatically renew unless you provide Infoflutter with a notice of non-renewal at least 30 days prior to the end of the Initial Term, by contacting Customer Service at 1-866-967-4636, Monday through Friday from 8:00am to 8:00pm ET.

Infoflutter reserves the right to terminate any services if payment is not received, or if you breach this Agreement at the discretion of Infoflutter. In the event of such early termination by Infoflutter, any outstanding fees owed to Infoflutter shall become immediately due, and you shall forfeit the benefit of any prepaid amounts under this Agreement.

Any inquiries or discrepancies regarding charges must be reported no later than 90 days following the date the charges were incurred. Failure to notify us within this time period will be deemed as acceptance of such charges.

By subscribing to a payment plan with Infoflutter, you agree to provide a valid payment method. Payment for ongoing services is automatically billed. The total price may include taxes and fees, for which you are responsible. By providing a payment method to Infoflutter, you confirm that you are authorized to use that payment method. By making a payment, you authorize us (and our designated payment processor) to charge the full amount to the designated payment method for the transaction. You also authorize us to collect and store that payment method, along with other related transaction information. All payments are non-refundable and are for the subscribed services only.

If you pay by credit or debit card, we may obtain pre-approval from the card issuer for an amount up to the full price. Canceling a transaction before completion may result in those funds not being immediately available to you. We reserve the right to cancel any transaction if we believe it violates these Terms or if doing so may prevent financial loss.

To prevent financial loss, we may contact your payment method issuer, law enforcement, or affected third parties (including other users) and share details of any associated payments if we believe doing so may prevent financial loss or a violation of law.

Prices for services where applicable will be listed on the Website and may change from time to time.

REWARDS PROGRAM FOR REWARDS PROVIDER

By using the Infoflutter Website, as a Rewards Provider, you have the opportunity to create custom Rewards Programs for your business and advertise and distribute Offers to your customers. Rewards are provided solely by you, the Rewards Provider, and not by Infoflutter. You, the Rewards Provider, is solely responsible for redeeming any Rewards obtained by your customers in exchange for Offers. Infoflutter will not be liable if you, the Rewards Provider, refuse or fail to honor any Rewards or Offers. Rewards have no intrinsic value unless you, the Rewards Provider, choose to redeem them and are intended solely for entertainment purposes. Rewards cannot be cashed out or transferred into any other form of currency and are non-transferable. Redemption frequency is determined by you, the Rewards Provider. Rewards cannot be combined with any other rewards, offers, vouchers, third-party certificates, coupons, or promotions, unless otherwise specified by you, the Rewards Provider. You, the Rewards Provider may discontinue your Rewards Program and participation with Infoflutter's Service at any time, and Infoflutter reserves the right to terminate your Rewards Provider program and participation with Infoflutter at any time. Infoflutter is not responsible for lost, stolen, or malfunctioning Rewards.

Infoflutter enables your Users, including your customers, to share their experiences with your business on social media with User-Generated Content. Infoflutter neither guarantees nor assumes responsibility for any actions by Users, including your customers on the Infoflutter Website. Infoflutter neither guarantees nor assumes responsibility for any actions by Users, including your customers outside of the Infoflutter Website.

The User-Generated Content (UGC) share count in Rewards Provider's Analytics page corresponds to the instances when Users, including your customers chose to share their experiences with your business on social media from the Infoflutter Website. Infoflutter does not guarantee or track any actions by Users, including your customers, outside of the Infoflutter Website.

REWARDS PROGRAM FOR USERS

By using the Infoflutter Website, as a user, you may have the opportunity to earn, collect and redeem Rewards provided by Rewards Provider(s) and receive Offers provided by Rewards Provider(s). Rewards are provided solely by the Rewards Provider(s) and not by Infoflutter. The Rewards Provider is solely responsible for redeeming any Rewards you obtain. The Rewards Provider is solely responsible for fulfilling Offers published on the Infoflutter Website by the Rewards Provider. Infoflutter will not be liable if a Rewards Provider refuses or fails to honor any Rewards and/or Offers. Rewards have no intrinsic value unless the Rewards Provider chooses to redeem them and are intended solely for entertainment purposes. Rewards cannot be cashed out or transferred into any other form of currency and are non-transferable. Redemption frequency is determined by the Rewards Provider. Rewards cannot be combined with any other rewards, offers, vouchers, third-party certificates, coupons, or promotions, unless otherwise specified by the Rewards Provider. A Rewards Provider may discontinue its Rewards Program and participation with Infoflutter's Service at any time, and Infoflutter reserves the right to terminate a Rewards Provider's rewards program and participation with Infoflutter at any time. Infoflutter is not responsible for lost, stolen, or malfunctioning Rewards and/or Offers.

THIRD-PARTY CONTENT AND LINKS DISCLAIMER

The Infoflutter Website may contain advertisements, offers, or other links to other websites and resources of third parties that are not controlled by Infoflutter. That information, as well as advertisements, may or may not be or remain wholly accurate. You may be encouraged to share your content on third-party websites or apps. You acknowledge and agree that Infoflutter is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Infoflutter Website does not imply that the linked site is endorsed by Infoflutter. You use the links at your own risk. Infoflutter's Privacy Policy is applicable only when you are on Inffolutter's Website.

Your correspondence or business dealings with, or participation in promotions of, Reward Provder(s), third party merchants, advertisers and/or third party websites and apps, that are found on or through the Infoflutter Website or which provide links on the Inffolutter Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Rewards Provider(s), merchants, advertisers and/or third party websites and apps. You waive any claim against Infoflutter and agree to hold Infoflutter harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such Rewards provider(s), merchants, advertisers and/or third party website and apps on the Inffolutter Website.

SERVICE INTERRUPTION

We may need to interrupt your access to the Infoflutter Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Infoflutter Website may be affected by unanticipated or unscheduled downtime, for any reason. You agree that infoflutter shall not be liable to you or any third party for any damage or loss caused as a result of such downtime.

DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the Infoflutter Website is at your own risk.

CUSTOMER SUPPORT

You may contact Infoflutter Customer Services by sending an email to support@infoflutter.com. You acknowledge that the provision of customer support is at Infoflutter's sole discretion, and that Infoflutter shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.

NOTICE RE NAMES AND TRADEMARKS

You may not use the name "Infoflutter" or any other names or Trademarks listed on the Website or in any Website content. All rights are reserved.

NOTICE RE COPYRIGHT OWNERSHIP: © INFOFLUTTER

All rights reserved. All content on the Website is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by Infoflutter or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of Infoflutter. Modification or use of the materials for any other purpose may violate intellectual property rights. You agree that by posting anything on the infoflutter Website you are providing Infoflutter with the worldwide, non-exclusive license to use on all Content created and posted by you, which may be leased or sold by Infoflutter without your permission, without limitation. You agree that by posting anything on the Infoflutter Website you grant Infoflutter the right to display, reproduce, and distribute your Content on the Infoflutter Website.

MINIMUM AGE REQUIREMENT

The Website is intended for use by persons who are at least 19 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 19. By using the Infoflutter Website, you represent and warrant that you are at least 19 years old and of legal age to form a binding contract. Some content may be sexually suggestive and unsuitable for people under the age of 19.

ELECTRONIC COMMUNICATIONS

You agree to electronic communication for all of your transactions and communication with Infoflutter and the Infoflutter Website. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS

Except as otherwise provided in these Terms, Infoflutter will give you any notices by posting them on the Website, and you agree that such posting will constitute effective notice. You authorize Infoflutter to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Infoflutter decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Infoflutter to the address that you have most recently provided will constitute effective notice. Infoflutter's address for Legal Notices is:

Email
legal@infoflutter.com

Mailing Address
Infoflutter Legal
First Canadian Place
100 King St. W Suite 5570
Toronto, Ontario, M5X 1C7

Infoflutter respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Infoflutter with written notice.

MODIFICATIONS TO TERMS AND WEBSITE

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Inffolutter Website. Your continued use of the Infoflutter Website following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Infoflutter Website (or any part thereof) without notice.

PROHIBITED CONDUCT

You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Website unless through tools provided on the Infoflutter Website by us; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Infoflutter Website or extract data or gather or use information, such as email addresses, available from the Infoflutter Website or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the Infoflutter Website, or link to the Infoflutter Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Infoflutter; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Infofluttler Website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Website's infrastructure or performance, or send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Website or any recipient; (h) willfully enter wrong information; (i) post content created by anybody other than yourself.

Furthermore, prohibited content includes anything that:

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains anything with excessive violence;
• contains anything sexually suggestive;
• contains anything with alcoholic beverages;
• contains anything with prescription and/or non prescription narcotics;
• solicits personal information from anyone under 19;
• publicly posts information that poses or creates a privacy or security risk to any person;
• includes information about another person that you have posted without that person's consent;
• violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
• constitutes or promotes that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• involves commercial activities and/or sales without prior written consent from Infoflutter such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• impersonates or attempts to impersonate another user, person or entity.

MONITORING OF SITE CONTENT

We may review your Content before they are made public, and we may reject any Content at our unfettered discretion. You may appeal the decision and may email Admin@Infoflutter.com with both the details of the Content that was declined, and the reason why you think it should have been allowed. Appeals are handled at the full discretion of Infoflutter and there is no further appeal. We are under no obligation to restrict or monitor Infoflutter Website Content in any way. You understand and acknowledge that Infoflutter does not regularly monitor the accuracy or reliability of Content and that use of the Website is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Infoflutter. Infoflutter neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Infoflutter Website by anyone other than authorized Infoflutter employees acting in their official capacities.

MOBILE

Infoflutter's Website includes certain services that are available via mobile device, including the ability to earn rewards through SMS/MMS/text message, to upload Content to the Infoflutter Website and the ability to browse and otherwise access the Service or certain features thereof ("Mobile Services'"). Rewards Providers send rewards to Users via SMS/MMS/text message services. When you sign up for Infoflutter's services through web-registration or Rewards Provider's in-store signup, you agree to receive SMS alerts to earn rewards from the participating Rewards Providers you interact with. Your wireless service carrier's standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that Infoflutter and Rewards Providers may communicate with you by automated SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us. You agree to update your phone number in account settings in the event that you change your number. Standard text message and data rates may apply for any SMS messages sent to you from infoflutter and to infoflutter from you. To cancel your subscription, text stop to 1 (548) 490-3005.

PROTECTION OF SITE CONTENT

Our Website is protected by Canadian, U.S. and international intellectual property laws, which you agree to respect. All content on the Website, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of Infoflutter or its content suppliers. All software used on the Infoflutter Website is the property of Infoflutter or its software suppliers.

TERMINATION OR CANCELLATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Infoflutter Website, and/or your Account, or suspend or block your access to the Infoflutter Website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Infoflutter Website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Infoflutter Website. Infoflutter may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the Website.

The provisions entitled "Notice Re Copyright Ownership," "Indemnification," "Disclaimer of Warranties," "Exclusion Of Damages; Limitation Of Liability," "Additional Terms" and the Privacy Policy www.infoflutter.com/privacy will survive termination of these Terms.

INDEMNIFICATION

As a condition of your access to and use of the Website, you agree to hold Infoflutter, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Website and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Website; (iv) Infoflutter's resolution (if any) of any dispute you have or claim to have with one or more users of the Website; (v) your improper authorization for Infoflutter to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Infoflutter disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Infoflutter will have the right but not the obligation to resolve disputes between users relating to the Website and Infoflutter's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Infoflutter's resolution of a dispute will be final with respect to the Website.

PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Infoflutter with the following information:

• a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• b. A description of the copyrighted work that you claim has been infringed upon;
• c. A description of where the material that you claim is infringing is located on the site;
• d. Your address, telephone number, and e-mail address;
• e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Infoflutter's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Email
legal@infoflutter.com

Mailing Address
Infoflutter Legal
First Canadian Place
100 King St. W Suite 5570
Toronto, Ontario, M5X 1C7

DISCLAIMER OF WARRANTIES

THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INFORMATION, INSTRUCTIONS AND STATEMENTS FROM INFOFLUTTER, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR ENTERTAINMENT PURPOSES ONLY. YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY INFOFLUTTER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFOFLUTTER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION OR CONTENT INCLUDED ON THE WEBSITE. INFOFLUTTER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFOFLUTTER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER INFOFLUTTER, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF INFOFLUTTER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

ADDITIONAL TERMS

• a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
• b. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Infoflutter. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Infoflutter will be null and void. Infoflutter shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
• c. Disputes; Choice of Law; Export Limitations. The Website is controlled by us from our offices within Canada, and some aspects and portion of the Website are hosted at third-party servers within Canada and the United States of America. If you choose to access this Website from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the Website, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by Infoflutter or through the Website will be resolved by binding arbitration, rather than in court, except that we and you may assert claims in small claims court if the claims qualify.

  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

• d. Limitations on Actions. Any action concerning any dispute you may have with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
• e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
• f. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) the entire agreement (the "Entire Agreement") between you and Infoflutter with respect of the Website and supersedes all contemporaneous and prior agreements between the parties regarding the subject subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
• g. No Waiver. The failure of Infoflutter to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Infoflutter right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
• h. Governing Law. These Terms of Use will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without references to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.