Privacy Policy

Last updated July 12, 2023

This privacy notice for merens.ca ('we', 'us', or 'our'), describes how and why we might collect, store, use, and/or share ('process') your information when you use our services ('Services'), such as when you:

  • Visit our website at merens.ca, or any website of ours that links to this privacy notice
  • Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at info@merens.ca.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. 

Do we process any sensitive personal information? We do not process sensitive personal information.

Do we receive any information from third parties? We do not receive any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. 

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. 

How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. 

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. 

How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE PROCESS YOUR INFORMATION?

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. DO WE COLLECT INFORMATION FROM MINORS?

9. WHAT ARE YOUR PRIVACY RIGHTS?

10. CONTROLS FOR DO-NOT-TRACK FEATURES

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

12. DO WE MAKE UPDATES TO THIS NOTICE?

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

  • names
  • email addresses

Sensitive Information. We do not process sensitive information.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps'), and hardware settings).
  • Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

  • To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
  • To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests. 

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e. express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e. implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

  • If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
  • For investigations and fraud detection and prevention
  • For business transactions provided certain conditions are met
  • If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
  • For identifying injured, ill, or deceased persons and communicating with next of kin
  • If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
  • If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
  • If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
  • If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
  • If the collection is solely for journalistic, artistic, or literary purposes
  • If the information is publicly available and is specified by the regulations

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?     

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g. Google Maps API, Places API).
  • Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

8. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@merens.ca.

9. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.

We will consider and act upon any request in accordance with applicable data protection laws. 

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.

If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

  • Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. 

If you have questions or comments about your privacy rights, you may email us at info@merens.ca.

10. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at info@merens.ca or contact us at: www.merens.ca

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please fill out and submit a data subject access request through our contact page.

 

 

Terms of Use

Last updated July 12, 2023

The following are the terms and conditions (the "Terms") for the use of the Merens.ca ® web site (www.merens.ca), Merens.ca ® Services, and related material.

  1. General
    With each visit to the Site you signify your agreement to these Terms.

These Terms were last modified on June 01, 2023.

Merens.ca ® own the Merens.ca ® trade name, brand and trademark and websites. 

Merens.ca ® Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by Merens.ca ® or the Site, including any portion thereof. Merens.ca ® Services is defined as any Merens.ca ® service.

If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or Merens.ca ® Material.

  1. Use of Merens.ca ® Material and Merens.ca ® Services

A. Generally
You agree not to use any Merens.ca ® Material and Merens.ca ® Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.

Final Document is defined as the finished legal document for legal document products or other document created through the use of a Merens.ca ® product. You are granted a Licence when you enter into a free trial, have a subscription or pay for access to a product.

Any paid or Free Trial Licence granted is subject to the Terms and entitles you to:

  1. use Final Documents of the products as specified by the Terms only.
  2. make five electronic copies of each Final Document for your personal use.
  3. make necessary mechanical copies (e.g. printed or photocopied) of the Final Documents for your personal records and as required for completion of the specific transactions for which the Final Documents are intended.

You may end a Licence in the manner specified on the order page, your account area or the help documentation. Merens.ca ® retains the right to cancel any sale or Site access at any time, in which case you will only be charged for the time the sale or Site access was in effect.

Your Licence is valid for the country of the document that you select when you purchase your Licence. You will be charged in the currency of that country.

If you are not a party in transactions in which a Final Document is used or if you obtained the Final Document under a free trial, you are not allowed to enter into new transactions using the Final Document starting one month after the expiry of the corresponding product access time period.

To access products, you must provide credit card details to Merens.ca ® as required by the Site. Merens.ca ® will charge credit cards in accordance with displayed pricing in return for access to products and lawful services and if free trials are not cancelled before the specified time period.

Subject to these Terms, if you are evaluating the Site strictly as a potential customer or to participate in our affiliate program, you are granted a licence to evaluate the Site for that purpose only.

  1. Legal Advice, Information and Decision Making Responsibility
    Merens.ca ® is not a law firm and does not provide Legal Advice (as defined below). Your use of Merens.ca ® Material or any Merens.ca ® Services does not create a solicitor-client relationship between you and Merens®.

You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.

You agree that Merens.ca ® does not provide Legal Advice. If you receive any communication from LawDepot®, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by Merens.ca ® and you agree to immediately delete and disregard it.

Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of Merens.ca ® Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Merens.ca ® Material.

Detailed Affiliate Program Terms and Conditions can be found at.

  1. Restrictions
    To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, licence, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Merens.ca ® Material nor will you utilize Merens.ca ® Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.

You agree to only use Merens.ca ® Material and the Site as a customer.

Licences granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.

The EULA document may be distributed on the internet without time limit by licensed Merens.ca ® customers as part of a materially non-legal package adding significant value.

The rights granted under these Terms are granted to you only.

If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.

Merens.ca ® retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or Merens.ca ® Material or Merens.ca ® Services at its discretion.

  1. Assignment
    This agreement cannot be assigned.
  2. Intellectual Property
    All copyright, trade marks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of Merens.ca ® material belong to Merens.ca ® and its suppliers. Merens.ca ® reserves all of its rights in the Merens.ca ® Material. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by Merens.ca ® or any other third party except as expressly provided in these Terms.

    In addition, Merens.ca ® material, contains information and intellectual property that is selected and organized by Merens.ca ® and represents significant work made by Merens.ca ®. Nothing in the Terms should be construed as granting any licence or right to use any Merens.ca ® Material or intellectual property displayed or used in any Merens.ca ® Material except as expressly provided in the Terms.

You agree to the following:

  1. the Merens.ca ® material is the property of Merens.ca ® and its suppliers;
  2. you will not use the Merens.ca ® material for any purpose other than is expressly permitted in these Terms;
  3. you will not distribute in any medium any Merens.ca ® Material without Merens.ca ® prior written authorization or as expressly provided these Terms.
  4. any distribution or past distribution of any Merens.ca ® material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses Merens.ca ® Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
  5. Merens.ca ® shall have the right to represent its suppliers in any dispute.
  6. LIMITED WARRANTIES
    Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Merens.ca ® Material and Merens.ca ® Services are provided "as is" without any kind of warranty.

You accept full responsibility for determining whether Merens.ca ® Material and Merens.ca ® Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.

Merens.ca ® does not authenticate users' signatures or identities. Merens.ca ® electronic signature functionality does not track IP addresses, include digital certificates, use a certification authority nor any other third party verification. You accept full responsibility for determining whether an electronic signature is suitable for any particular purpose.

Except as expressly provided in these Terms or where prohibited by law, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Merens.ca ® material and Merens.ca ® services, or for inaccessibility of Merens.ca ® material and Merens.ca ® services whether from errors or omissions in the content of Merens.ca ® material and Merens.ca ® services or any other linked sites or for any other reason. Use of Merens.ca ® material and Merens.ca ® services is at your own risk.

Merens.ca ® does not represent or warrant that Merens.ca ® material, the Site or any linked sites are free of any harmful materials.

  1. Maximum Liability
    Except as expressly provided in these Terms or where prohibited by law, the maximum liability of Merens.ca ® is the amount paid to Merens.ca ® by the customer; however, where Merens.ca ® has provided a service, the maximum liability of Merens.ca ® for any Merens.ca ® Services is the portion of the amount paid to Merens.ca ® by the customer specifically for the Merens.ca ® Services as calculated by Merens.ca ®.
  2. Guarantees and Refunds
    All guarantees are subject to any limitations specified in any Merens.ca ® Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product, it must be explicitly promoted in Merens.ca ® Material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from Merens.ca ®, they waive their right to any additional claims against Merens.ca ® regarding any Guarantee unless otherwise agreed to in writing. Merens.ca ® has no obligation to refund one time purchases. The following additional restrictions apply to the Guarantees payments for mistakes:
  3. The mistake must be in the wording of the legal document and not in other text;
  4. The customer was the first person to mention that mistake for that Guarantee category;
  5. Guarantees only apply to Merens.ca ® mistakes, not to customer mistakes; and
  6. We are only required to pay a customer once for a mistake no matter how many mistakes they may bring to our attention.

A. Free Trial Refund Policy
The terms and conditions of the offer will govern any free trials. Merens.ca ® has no obligation to refund for free trials properly converted to paid product access.

B. Annual Subscriptions and Renewals
Merens.ca ® has no obligation to refund renewals unless you notify us before your renewal date that you want to cancel. Annual subscriptions are subject to a refund within 30 days of initial purchase.

C. Legal Guarantee
Subject to any limitations or maximums specified in any Merens.ca ® Material including the specific guarantee amount, we will cover any damage a customer suffers in a legal judgment, as a result of a clear Merens.ca ® mistake, to a maximum of $5,000 USD.

D. Other Guarantees and Refunds
Our maximum liability for any Quality Guarantees specified on the Site is $120 USD. Other guarantees and refund commitments specified in Merens.ca ® Material are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.

  1. Client Privacy
    You consent to Merens.ca ® using your personal information according to its Privacy Policy.
  2. Terms and Headings
    All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting Merens.ca ® material should it be judicially found that the conflicting Merens.ca ® material is legally relevant to this Agreement under law.
  3. Indemnification
    Except where prohibited by law, you agree to indemnify and hold Merens.ca®, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or Merens.ca ® material or Merens.ca ® Services.
  4. Governing Law
    Except where prohibited by law, the Terms are governed by the laws of the Province of Ontario, Canada. Except where prohibited by law, you irrevocably attorn to the exclusive jurisdiction of the courts of Ontario, Canada.
  5. Binding Arbitration
    Subject to exceptions specified herein, if you and Merens.ca ® are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.

    A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, Merens.ca ® will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in Ontario, Canada.

    The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys' fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.

    Exceptions to the use of binding arbitration are as follows: Merens.ca ® may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.
  6. Class Action Waiver
    You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
  7. Modification of the Terms
    Except that you must be informed in a reasonable manner regarding any pricing increase, Merens.ca ® may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized Merens.ca ® officer.
  8. Severability
    If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
  9. Waivers
    No failure or delay, on the part of Merens.ca®, in exercising any right or power under these Terms will operate as a waiver of such right or power.
  10. Whole Agreement
    Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site, the Site's Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and Merens.ca ®  notwithstanding any:
    1. Merens.ca ® Material other than this Agreement,
    2. communication between you and Merens.ca®, including telephone, email and online chat assistance, or
    3. announcements, newsletters or promotional materials from Merens®.
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