Terms of Use

Last updated February 16, 2023

Introduction

These Terms of Use (the "Agreement") are a contract between you and Waypost LLC ("Avocart") and govern your access to and use of the Avocart mobile application (the "Avocart Mobile App"), the Avocart browser extension, the Avocart website located at www.avocart.io and all other Avocart-branded websites (each, a "Website"), and other software applications and online services provided by Avocart (collectively, the "Service").

Accepting the Terms

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 Avocart) or are a "Visitor" (which means that you are using the Service but have not created an account with Avocart). The term "you" or "User" refers to a Visitor or a Member. The terms "we" or "our" or "us" refer to Avocart. 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 Avocart. 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

Avocart 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://www.avocart.io/terms, 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 Avocart 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 Avocart's privacy and data protection practices (our "Privacy Statement"). Please read Avocart's Privacy Statement found at https://www.avocart.io/privacy. Our Privacy Statement explains how Avocart collects, uses and shares your information when you visit our Website, use the Avocart Mobile App or otherwise access the Service. By using the Service, you consent to Avocart's collection, use, and sharing of your information as set forth in our Privacy Statement.

Description of the Service

The Service includes a suite of tools that allows Users to search for recipes, use suggested recipes, view ingredient substitutes, and order ingredients. Avocart offers a variety of ways to access aspects of our Service, including the Website, browser extension, and the Avocart Mobile App. Not all aspects of our Service will be available through all channels or in all locations. For example, some aspects of our Service may only be available through the Avocart browser extension, or for users in certain countries.
Avocart does not charge fees to you for its Service. We try and locate the best publicly available ingredients, 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 ingredients, and to identify low prices, and preferred nutritional values, we may not always find you the best ingredient. Avocart is not responsible for any missed savings or inaccurate ingredients.
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 grocery items and suggested recipes) 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 browser extension, Website, Avocart Mobile App or emailed offers) are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Website or Avocart Mobile App at a particular time does not imply or warrant that these products will be available at any other time.
Recipe ingredients are provided subject to availability. Exclusions, restrictions, and terms and conditions (including third-party merchant exclusions, restrictions, and terms and conditions) may apply. Supply changes often, and due to this, your recommended ingredients may not contain the entire list of ingredients for your recipe.

Merchant Websites and Purchases

The Service allows you to view grocery products for recipes listed by third-party companies and view information on those products. Avocart may provide product information and product recommendations through our browser extension for these third-party companies. However, in all cases you are not buying the product from Avocart. Avocart is not a re-seller or distributor of any products of third-party merchants. The only items you may be able to purchase from Avocart are certain gift cards, as described in the Gift Cards Purchased From Avocart section below.

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. Avocart 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, Avocart may, for some merchants, include the merchant's contact information within the Avocart Mobile App.

Avocart Offers and Third-Party Links

Avocart may display to you Avocart 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.
To improve our services, Avocart may track how you use the services we provide, including whether you click on Avocart links to third-party websites, your actions on those third-party merchant websites, and whether you use the ingredients and grocery products displayed by Avocart.

Avocart Is Not Responsible for Third Parties

All products you purchase from a third-party merchant, including those linked from the Website or Avocart emailed offer, or displayed through the Avocart Mobile App or through the Avocart browser extension, 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 delivery costs); 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 Avocart. Avocart 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 Avocart 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 Avocart 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 Avocart is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
Avocart does not endorse, warrant or guarantee the products or services that are displayed through the Service, including through Avocart Offers and other advertised links to third-party websites. Avocart 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. Avocart 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 Avocart 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.
Avocart 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, Avocart 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 Avocart is under no obligation to become involved. To the maximum extent permitted by applicable law, you release Avocart, our parent company PayPal, Inc., our 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. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Avocart Checkout

Avocart Checkout is only available for users in certain countries and may not currently be available in your country or location.
If you are located in the United States or in another country where Avocart Checkout is available, you may be able to use Avocart Checkout for a simpler merchant checkout experience when shopping online. The first time you use Avocart Checkout, you may be asked to provide payment credentials (e.g., a credit card number, CVV/CVC code and expiration date). You authorize us to store those payment credentials for you so that any time you use Avocart Checkout, you can automatically use your preferred payment information to complete checkout. Your checkout will still be directly with the applicable merchant. We are not responsible for any goods or services you purchase using Avocart Checkout.
You represent and warrant that the payment credentials you provide are accurate and that you are authorized to charge transactions to the account represented by those credentials. You should keep your payment credentials up to date through your Avocart account. You can also delete your payment information from your Avocart account at any time. Deleting your payment information will not affect any transaction that you already authorized.
If you store payment credentials with Avocart Checkout, it is important that you secure your Avocart log-in information, including your password, to prevent unauthorized use of or access to those payment credentials. Once enabled, Avocart Checkout is always active on any device where you are logged into your Avocart account through the Avocart browser extension. This means that payments may be completed using your payment credentials with Avocart Checkout on that device, so you should secure your device and/or log out of your Avocart browser extension when not using your device in order to help prevent unauthorized use of or access to the payment credentials you have stored in Avocart Checkout.

Account Information from Third Party Sites

When you establish an account with Avocart, we may allow you to register your account, log-in, or otherwise link your Avocart account with an account you maintain with a third-party, such as Google® ("Linked Account"). You represent that any Linked Account belongs to you and you are permitted to link it to your Avocart account. Avocart does not control the policies and practices of any third-party site or service, including any Linked Account you connect to the Service and Avocart is not responsible for any actions or omissions of providers of a Linked Account, including related to accuracy, legality or non-infringement. Avocart is not responsible for the products and services offered by or through your Linked Account. If permitted by your Linked Account, Avocart may import information from your Linked Accounts to help better offer the Service to you.

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 Avocart account or the Service ("Log-In Information"). If you become aware of any unauthorized use of your Log-In Information, you agree to notify Avocart immediately.
Accurate records enable Avocart to provide the Service to you. You agree to keep your email address, your other contact information and any payment information in your Avocart 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 click "Unsubscribe" in any e-mail communications we send you.

Electronic Notifications

Avocart 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. Avocart 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 Avocart 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 Avocart 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.

Avocart'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 Avocart or its software or content suppliers. Avocart 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 contact@avocart.io.
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, Avocart 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 Avocart 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 statement).

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 Avocart. 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 Avocart Mobile App. We do not guarantee that the Avocart Mobile App can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the Avocart Mobile App will be available in, or that orders for products can be placed from, any particular geographic location.
Avocart cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Avocart cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Rules for Posting Content

As part of the Service, Avocart 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 Avocart); Violates any law or regulation or this Agreement; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of your Avocart 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 Avocart 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. Avocart 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.
Avocart 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. Avocart 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. Avocart 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 Avocart 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 Avocart's Liability

Avocart 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 Avocart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Avocart'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 UNITED STATES 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 Avocart 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 Avocart

You shall defend, indemnify and hold harmless Avocart 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 Avocart 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 Avocart (and vice versa)

This Agreement will continue to apply until terminated by either you or Avocart 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. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Avocart and stop visiting our Website and using the Service.
Email contact@avocart.io to cancel your account. Upon doing so:
your account will be closed and your ability to log in will be deactivated; and any data in our records will be retained subject to our privacy statement. Avocart 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.

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 Avocart, 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;

Assignment

Avocart 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 Avocart does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Avocart has the benefit of under any applicable law), this will not be taken to be a formal waiver of Avocart's rights and that those rights or remedies will still be available to Avocart.
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

Avocart welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at contact@avocart.io.

Supplemental Terms for Users Accessing or Using Our Service in Canada

Canada

If you are accessing or using our Service in Canada, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Service in Canada:
Application of the Canadian Provincial Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Canadian provincial consumer laws, including any applicable statutory consumer guarantees and rights, contained in Canadian provincial law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law. Governing Law for Consumers Residing in Quebec. If you reside in Quebec, the Agreement will be governed by the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws. Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and third-parties' goods and services that may be of interest to you. Jurisdiction. Except as otherwise agreed by the parties, you agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario, and if you reside in Quebec, to the courts of Quebec, for the purpose of any suit, action or other proceeding arising out of this Agreement.