Terms and Conditions of Use

Updated: September 29, 2009

Acceptance and Modification

1) Thank you for visiting primalfusion.com. Please read the terms and conditions of use (the “Terms of Use”) set forth below carefully as they contain the legal terms that govern your use of any website, including without limitation, primalfusion.com (the “Site”), web pages, software, services, and products, operated or provided by Primal Fusion Inc. (“Primal Fusion”). Without limitation, the Site, as well as any web pages, software, services, and products operated or provided by Primal Fusion are collectively referred to as the “Services”. These Terms of Use may be modified by Primal Fusion from time to time in its sole discretion, so please frequently return to the Terms of Use to review them. Your use of the Services means that you accept any and all changes. If you do not agree with any of the terms and conditions, you must discontinue using the Services.

2) The Services are operated in Canada in the province of Ontario. Primal Fusion does not represent that content or materials presented on our through the Services are appropriate or available for use in other locations or jurisdictions. If you access the Services from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws.

Privacy Policy

3) Primal Fusion's policies and procedures with respect to its collection and use of your personal information are governed by our Privacy Policy. To view the Primal Fusion Privacy Policy, please visit http://corp.primalfusion.com/privacy/.

No Endorsement of Results of Linked Sites

4) Using the Services may result in the display of advertisements that contain links to other websites and/or produce links that may take you to other websites. Links to these other websites or other resources within such websites, which are not created or controlled by Primal Fusion (collectively, “Linked Sites”), are intended for convenience only. Primal Fusion does not endorse or accept responsibility for any Linked Sites you may access through the Site. Linked Sites are wholly independent from Primal Fusion; we therefore have no control over any products, services, materials, or other information contained in or available through Linked Sites. The quality and dependability of Linked Sites may vary as they are updated or altered. Linked Sites are to be accessed at your own risk, and Primal Fusion makes no representations or warranties about the content, completeness, or accuracy of these Linked Sites, hyperlinks to Linked Sites, or the websites hyperlinked to the Site.

Results May be Objectionable

5) Using the Services may produce results and/or links to Linked Sites that some people find objectionable, inappropriate, or offensive. Primal Fusion cannot guarantee that use of the Services will not result in displaying unintended or objectionable content and Primal Fusion assumes no responsibility for the content of any Linked Site displayed, included in any search results, or otherwise linked to by the Services. We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Thought Content (as defined in Section 12) from any of the Services. Additionally, there are commercially available third-party software and services to limit access to material that you may find objectionable.

6) Under no circumstances will Primal Fusion be liable for any loss or damage of any kind as a result of the use of any third-party content or service provider content submitted, e-mailed, or otherwise made available through the Site or Services. You understand that by using the Services you may be exposed to content that is inaccurate, misleading, objectionable, or otherwise inappropriate, especially for children.

Registered Member Passwords and Account Access

7) In accordance with these Terms of Use, certain Services may require that you register as a member of the Services (a “Registered Member”) and that you provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Primal Fusion will always be accurate, correct, and up to date.

8) If you are a Registered Member, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately notify Primal Fusion of any unauthorized use of your password or account or any other breach of security. Primal Fusion cannot and will not be liable, directly or indirectly, for any loss or damage arising from your failure to comply with this section.

9) As a Registered Member, you agree that Primal Fusion may, in its sole discretion, immediately terminate your Primal Fusion account and access to the Services without prior notice. Without limiting the foregoing, Primal Fusion will terminate your use of the Services upon:

a. A breach or violation of these Terms of Use or other incorporated agreements or guidelines.

b. A request by law enforcement or other government agencies.

c. A request by you (self-initiated account cancellations).

d. Unexpected technical issues or problems.

e. Extended periods of inactivity.

10) The Services are intended for a general audience, and children under the age of 13 years are not permitted to register as a Registered Member. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. Your Primal Fusion account may be deleted and your membership may be terminated without warning, if we believe that you are less than 13 years of age.

11) You agree that Primal Fusion shall not be liable to you nor any third party for any termination of your account or access to the Services.

Our Licenses and Permissions to You

12) Certain of the Services are intended to provide you with a platform for thought networking and creating an online environment for exchanging knowledge, reviews, opinions, and other information on what you are thinking about. Certain of the Services compile, aggregate, and/or display search results or content from search results that may include Your Content (as defined following section 15) or text, video, pictures, graphics, music, sound clips, likenesses, images, multimedia files, and other content provided by other users of the Services and/or other third parties, including our third-party licensors. Your Content and such other content provided by our other users and third parties is collectively referred to as “Thought Content”. With the exception of Thought Content, all intellectual property rights (including without limitation, all such rights in and to any and all registered or pending patents and registered and unregistered copyrights, trademarks, trade secrets, trade dress, logos, designs, and any other such similar rights) associated, connected, and/or related to the Services, including any moral rights therein (“Our Content”) are owned by Primal Fusion. Primal Fusion hereby grants you a worldwide, royalty-free, non-exclusive, perpetual licence (for the duration of the applicable copyright) to copy, reproduce, distribute, exchange, transmit, display, and store (collectively, “Use”) Our Content for personal and/or research Use. All other rights are reserved in favour of Primal Fusion.

13) In addition to any reservation of rights by Primal Fusion in connection with Our Content and the Services, you shall not:

a. Use Our Content or the Services for any Commercial Use (as hereafter defined).

b. Reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Services, including without limitation Our Content.

In these Terms of Use, “Commercial Use” means a use other than a personal and/or research Use, including, without limitation, a use that is intended for or directed toward a commercial advantage or private monetary compensation. The exchange of Our Content by means of digital file sharing or otherwise shall not be considered to be a Commercial Use, provided there is no payment of any monetary compensation in connection with such an exchange.

14) The licence and the rights granted to you in Section 12 shall terminate automatically upon any breach by you of the terms of such licence and/or upon termination of your account or access to the Services.

15) Subject to the terms hereof, all rights in Thought Content, including without limitation, all copyrights, trademarks, trade dress, logos, designs, and other intellectual property rights remain the sole property of its authors, owners, and their respective licensors. You shall not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Services or its content, including without limitation any Thought Content other than Your Content.

Our License to use Your Content

For the purposes of these Terms of Use:

“Your Content” means any data that you transmit, distribute, submit, communicate, create, or store on or through the Services (including, without limitation, text, video, pictures, graphics, music, sound clips, likenesses, images, multimedia files, personal information, and other works of authorship) that is not a Concept.

“Semantic Data” is data that describes the meaning of “Your Content” as metadata. Semantic data may be entered directly by you or may be added by Primal Fusion as part of our service.

16) Primal Fusion does not claim any intellectual property rights in Your Content. As between Primal Fusion and you, you own Your Content at all times.

17) You may remove any or all of Your Content from the Services at any time. However, if you make some or all of Your Content available to other (or all) users of the Services, your Shared Content cannot be removed from the Services and Primal Fusion is under no obligation to do so. (Such content is hereafter referred to as “Shared Content”.)

In order for Primal Fusion to provide the Services, it requires certain rights to your Shared Content. Accordingly, by providing your Shared Content to or through the Services, you grant Primal Fusion a world-wide, royalty-free, perpetual, irrevocable, non-exclusive licence, freely sub-licensable (through unlimited levels of sub-licence) to use, reproduce, publish, translate, distribute, perform, and display your Shared Content through the Services. In performing the required technical steps to provide the Services in connection with your Shared Content, we may:

a. Transmit or distribute your Shared Content over various public networks and in various media.

b. Make such changes to your Shared Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media used or provided by Primal Fusion.

You acknowledge and agree that the foregoing licence grant to your Shared Content shall permit us to take these actions.

18) Your Semantic Data is used by Primal Fusion in combination with its Services, including, without limitation, the integration, analysis, processing, arrangement, and/or organization of Semantic Data with the Services. Accordingly, once Semantic Data is entered by you it will not be segregated from the Services. You therefore agree that by submitting Semantic Data to the Services you hereby waive in favour of Primal Fusion all of your copyright, moral rights, other intellectual property rights, and neighbouring rights in your Semantic Data that you may have otherwise have had, to the extent allowable by law. You also irrevocably assign all right, title, and interest in your Semantic Data to Primal Fusion.

19) When you provide Your Content (as the case may be) to the Services, you acknowledge and agree that there may be an integration, analysis, processing, arrangement, and/or organization of Your Content (including Shared Content) (as the case may be) with the Services that results in data, content, or works (other than Your Content), such as text, video, pictures, graphics, music, sound clips, likenesses, images, multimedia files, personal information, and other works of authorship, data, information, arrangements, compilations, techniques, and metadata (“Derivative Semantic Works”). You acknowledge and agree that Primal Fusion shall own all right, title, and interest worldwide to all Derivative Semantic Works, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known or hereafter developed, to publish, display, perform, distribute, reproduce, digitize, transmit, translate, or modify a Derivative Semantic Work and any derivative works thereof, for all or any purposes.

20) You acknowledge that there is no relationship of any type created, including without limitation any agency or fiduciary relationship, as between you and Primal Fusion, by virtue of the submission by you of Your Content to the Services and Primal Fusion hereunder.

21) Primal Fusion is under no obligation to maintain any of Your Content and may remove any of Your Content (including Shared Content) from any of the Services at any time in its sole discretion.

22) By providing Your Content (including, without limitation, Shared Content) in connection with the Services, you represent and warrant that you own, have a licence to or other right to, or otherwise control all of the rights to Your Content, and that use of Your Content (including, without limitation, Shared Content) by Primal Fusion will not infringe or violate the rights of any third party or constitute violation of any applicable law, and that you have or have acquired all the necessary rights to grant to Primal Fusion the licences or other rights that you have granted herein. You have paid and agree to pay for all royalties, fees, and any other monies owing any person by reason of any of Your Content being provided by you to or used through the Services.

23) Primal Fusion reserves the right at all times to disclose any of Your Content (including Shared Content) received from you as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request or in accordance with these Terms of Use and our Privacy Policy.

24) You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Primal Fusion, all of which such rights are hereby expressly and irrevocably waived by you in favour of Primal Fusion.

25) You hereby expressly and irrevocably release and forever discharge Primal Fusion, its parent, subsidiary, affiliated, and associated companies, and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall, or may have, for or by reason of, or arising directly or indirectly out of, Primal Fusion's use of Your Content and/or Shared Content.

Copyright and Intellectual Property Agent for Notice

26. Primal Fusion respects the intellectual property of others and we ask our users to do the same. Pursuant to the (U.S.) Digital Millennium Copyright Act, 17 U.S.C. 512, Primal Fusion has designated an agent to receive notifications of alleged copyright infringement. Primal Fusion has designated the following agent:

Attention: Copyright Agent
Primal Fusion Inc.
7–258 King Street North
Waterloo, Ontario
N2J 2Y9
Canada
Phone: 519–741–1243
Fax: 519–741–0461
E-mail: shane.oneil@primalfusion.com

If you wish to notify Primal Fusion of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by Primal Fusion (whether submitted by you or a third party) in connection with the Services, you may contact Primal Fusion as set forth above and request that we remove such materials. All such requests must include:

a. Contact information for you, including name, address, telephone number, and/or e-mail address.

b. A description of the copyrighted work that you wish to have removed from the Services (the “Material”).

c. A description of where the Material is located on the Site and/or the Services—for logos, such description should include an image file name and/or URL link associated with the logo.

d. A statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner.

e. An electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner.

Failure to include all of the information above may result in the inability to process your request and/or fully remove the Materials from the Services and/or the Site.

Trade and Service Mark Rights

27) All rights in the product names, company names, trade names, logos, and designs of Primal Fusion or third party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Primal Fusion or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied in connection with the Services confers on you any licence or right under any patent, copyright, or trademark of Primal Fusion or any third party.

Conduct

28) Certain of the Services are community oriented. Please remember that anything that you submit or display in connection with the Services is your own responsibility and we expect you to take utmost care to ensure that it remains friendly, courteous, respectful of others, and in compliance with these Terms of Use.

29) You are required to comply with all applicable laws in connection with your use of the Services and such further limitations as may be set forth below and in any written or on-screen notice from Primal Fusion. You may not use the Services for any purpose that is unlawful or prohibited by the terms and conditions or that harms Primal Fusion, its affiliates, its service providers, suppliers, or customers.

30) When using or contributing to the Services you agree not to submit, upload, e-mail, or otherwise transmit, whether or not part of Your Content, any:

a. Posts or messages that are defamatory, slanderous, libellous, harassing, or abusive.

b. Pornographic or sexually explicit submits, messages, images, or other content.

c. Posts or messages that abuse any person or group based on racial, ethnic, or religious affiliation, national origin, physical disability, or sexual orientation.

d. Posts or messages that are likely to leave other users feeling harassed, threatened, bullied, stalked, intimidated, abused, or their privacy invaded.

e. Posts or chat messages that promote or endorse any activity that is illegal or offensive.

f. Posts or messages that contain, or contain links to, files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user.

g. “Spam”, advertising, or promotion of commercial services or products and/or attempts to fundraise or solicit money from any other members or visitors to the Services.

h. Content that infringes the rights of a third party (including but not limited to copyrights, trademarks, patents, rights of privacy, and trade secrets).

i. Posts or messages that contain hyperlinks to other websites that contain content that falls within the descriptions set forth above.

31. You further agree not to:

a. Use any incomplete, false, or inaccurate biographical information or other information for purposes of registering as a Registered Member, or for purposes of registering for any promotions offered through the Services.

b. Delete or revise any material or other information of any other user of the Services.

c. Harvest, collect, or send information about others, including e-mail addresses, without their consent.

d. Take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure.

e. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted in connection with the Services, including without limitation on the Site.

f. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

32) You acknowledge and additionally agree to the following:

a. You may not submit, transmit, link to, or otherwise distribute any information, materials, or content that does not generally pertain to the designated topic or theme of the particular forum or chat room.

b. We reserve the right to stop any conduct that restricts or inhibits the community of members from fully utilizing and enjoying the Services.

c. We reserve the right to act to delete any and all material that contravenes any of the Terms of Use or which may otherwise have a negative impact on the safe, respectful, legal, friendly, and courteous operation of the Services.

d. In accordance with our Privacy Policy, we reserve the right to disclose any information, including your identity, as necessary to satisfy any legal, regulatory, or other governmental request.

33) Primal Fusion reserves the right (but does not have the obligation) to review submissions on the Services, to remove any submissions, and to terminate your ability to submit in connection with the Services, including without limitation on the Site, at any time without notice, in its sole discretion.

Interactive Features: Forums and Chat

34. When participating in any forum, chat, or other interactive services available through the Services (each a “Forum”), never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Primal Fusion and/or its affiliates and licensors cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information.

35. When using a Forum, you may not submit, transmit, link to, or otherwise distribute any information, materials, or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Primal Fusion reserves the right to refuse to submit or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms of Use.

36. Use of and/or participation in connection with any Forum shall indicate your acceptance of these Terms of Use.

Responsibility for Minors

37) In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for:

a. The online conduct of such minor.

b. Controlling the minor's access to and use of the Services.

c. The consequences of any misuse by the minor.

You acknowledge that some of the portions of the Services may contain content that is inappropriate for minors. You acknowledge that Primal Fusion has no obligation to monitor the Services.

Disclaimer of Third Parties

38) You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely as between you and such third parties. Primal Fusion assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that Primal Fusion will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

Indemnity

39) You agree to indemnify and hold Primal Fusion, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Our Content or Your Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and reasonable legal fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Services.

Disclaimer of Warranties

40) YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRIMAL FUSION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIMAL FUSION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT:

a. ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS.

b. ANY OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

c. INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND ANY RESULTS OF USE OF THE FUNCTIONALITY OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE.

d. THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT MAY BE OFFERED AND SUBSEQUENTLY PURCHASED OR OBTAINED BY YOU THROUGH PRIMAL FUSION WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

41) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRIMAL FUSION OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Limitation of Liability

42) YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRIMAL FUSION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, USER CONTENT, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PRIMAL FUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

a. THE USE OR THE INABILITY TO USE THE SERVICES.

b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND ANY OF THE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES.

c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES.

e. ANY THOUGHT CONTENT, OUR CONTENT, OR OTHER MATTER RELATING TO THE SERVICES OR PRIMAL FUSION.

Exclusions and Limitations

43) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability may not apply to you.

System Outages

44) Primal Fusion periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Primal Fusion shall have no liability whatsoever for:

a. The resulting unavailability of the Services.

b. Any loss of data or transactions caused by planned or unplanned system outages.

c. Any resultant delay, misdelivery, or non-delivery of information caused by system outages.

d. Any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Services.

Professional Information Disclaimer

45) The Services may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health-and-fitness-related matters, law, accounting, and financial planning and investments (“Professional Information”). Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. Use of Professional Information or other information on the Services, including Your Content, does not replace consultations with a qualified medical, legal, financial, or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore some Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any Professional Information rests with you. You further agree that Primal Fusion, including its suppliers, 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, or in connection with your use of, or reliance on, any Professional Information.

Governing Law

46) These Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada as applicable. Each party hereby irrevocably agrees to submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regard to the conflicts of laws principles and to waive any objections based upon venue.

General

47) These Terms of Use and the Privacy Policy constitute the entire agreement between Primal Fusion and you pertaining to your use of the Services and, except as specifically set forth herein, supersede any prior agreements between you and Primal Fusion relating to the Services. In the event that one or more sections of these Terms of Use shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in these Terms of Use. Primal Fusion may assign these Terms of Use, in whole or in part, at any time. Primal Fusion's failure to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms of Use are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The paragraph headings are for convenience only and are not part of the Terms of Use.