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YOUR CONSENT - By using the Website, you signify your consent to TenDigits’ collection, use, and disclosure of your personal information in accordance with this Privacy Statement. It is always your choice whether or not to provide personal information through the Website. Any personal information you provide will be treated with care, and subject to this Privacy Statement will not be used or disclosed in ways to which you have not consented.

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Information Automatically Collected About All Website Users - If you browse the public portions of the Website, you do so anonymously. TenDigits does not collect your personal information unless you voluntarily provide it to us or you use the password-protected portions of the Website. TenDigits may, however, automatically collect certain non-personal information regarding your use of the Website, such as the Internet Protocol address of your computer, your Internet Service Provider, the type of computer and operating system you are using, the pages read and any content downloaded. This information is not linked to you as an individual user. Rather, it is recorded as general statistical information, which may be used and disclosed to others by TenDigits to monitor use of the Website, to improve the Website, and generally to enable us to provide you with the best possible Web experience. That information may be retained indefinitely for future statistical analysis and other purposes.

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Cookies - TenDigits uses "cookies," a standard technology that installs a small text file on a visitor's hard drive to permit the Website to recognize future visits by that computer. Cookies enhance the convenience and use of the Website. If you personalize pages, register to download information or use a service, a cookie helps TenDigits remember who you are. As a result, you save time by not having to enter the same information repeatedly. Cookies enable us to understand who has seen which particular Website pages, to determine how often these pages are visited, and to track the most poplar areas of our site. A cookie will NOT permit us to learn any personal information about you, such as your real name or address, unless you have previously provided that information to us or you have set the preferences in your browser to provide that information. You can set your browser to notify you when you receive a cookie, giving you the opportunity to decide whether to accept it. You may choose to disable the "cookies" option on your browser; however doing so may affect your use of the Website.

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Voluntary Provision of Personal Information - During your use of the Website you may be asked to voluntarily provide certain personal information (such as your name, email address, postal address and telephone number) and financial information (such as credit card number, expiration date, card holder’s address), for purposes such as registering for use of password-protected portions of the Website or TenDigits’ products, purchasing software licenses, facilitating communications with you, or facilitating your use of the Website. It is always your choice whether or not to provide that personal information. If you choose not to provide requested personal information, you may not be able to use certain features of the Website or activate certain products.

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Permitted Uses - TenDigits may use your personal information to contact and correspond with you, to respond to your communications, provide services to you, process transactions with you, and facilitate and enhance your use of the Website. TenDigits may keep a record of all communications with you.

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Permitted Email Uses - TenDigits may also use your personal information to provide you with email or other information about TenDigits’ products and services and other matters. At any time you may ask TenDigits to stop sending you email and other information by contacting INFO (AT) TENDIGITS (DOT) COM. Each unsolicited email TenDigits sends will also tell you how to opt-out of further email. From time to time TenDigits may also send to you email containing important information regarding the Website, which you may not opt out of receiving.

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Disclosure of Your Personal Information - TenDigits may disclose your personal information in the following circumstances:

(a) Disclosure to Transaction Service Providers - TenDigits may provide your personal information to its service providers and other third parties for use in connection with transactions through the Website. For example, TenDigits must disclose certain personal information to its payment-processor, who may in turn disclose the information to your credit card provider, in order to facilitate the licensing of TenDigits’ software and services through the Website. TenDigits has no control over or liability for suppliers’ or third parties’ use and disclosure of your personal information, and that use and disclosure is not subject to this policy. If you do not wish your personal information to be disclosed to service providers and other third parties, you may not register as a TenDigits customer or order software or services through the Website.

(b) Disclosure to Other Product and Service Suppliers – If you request information through the Website regarding the products or services of other suppliers, TenDigits may provide your personal information to those other suppliers in order to enable them to provide you with the requested information. If you do not wish your personal information to be disclosed to other product or service suppliers, you may not request information regarding third party products or services through the Website.

(c) Disclosure in Business Transfers - TenDigits may be involved in the sale or transfer of some or all of its business. As part of that sale or transfer, TenDigits may disclose your personal information to the acquiring organization, but will require the acquiring organization to agree to protect the privacy of your personal information in a manner that is consistent with this policy. If at any time you do not wish TenDigits to disclose your personal information as part of the sale or transfer of some or all of its business, please notify TenDigits at INFO (AT) TENDIGITS (DOT) COM.

(d) Disclosure Required or Permitted by Law - TenDigits may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where TenDigits has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to its legal counsel. TenDigits has no control over, or liability for, those persons’ use and disclosure of your personal information, and that use and disclosure is not subject to this policy. Also, TenDigits may disclose your personal information if it believes, in good faith, that disclosure is otherwise necessary or advisable to protect its interests.

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Location of Information - TenDigits will store and process your personal information in Vancouver, British Columbia, Canada.

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Securing Your Information - To help protect the confidentiality of your personal information, TenDigits employs security safeguards appropriate to the sensitivity of the information. Security and privacy risks cannot be completely eliminated. You can contribute to the confidentiality of your personal information by not disclosing your username and password to anyone. Also, please never use ordinary email to send us sensitive information, because unencrypted email is generally not secure and cannot be considered confidential.

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Accessing Your Information - You may request access to the personal information that you have provided to the Website, as well as to information about TenDigits' use and disclosure of that information, by contacting us at INFO (AT) TENDIGITS (DOT) COM. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information within a reasonable time, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. TenDigits attempts to keep its records as accurate and complete as possible. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.

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Other Websites - The Website may contain links to other websites. When you click on one of those links, you will connect with another websites. TenDigits has no responsibility for, or control over, any linked websites or their privacy policies or the manner in which they collect, use or disclose your personal information.

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Website Use Agreement – The TenDigits Website Use Agreement contains important provisions, including provisions disclaiming, limiting or excluding TenDigits’ liability for your use of the Website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding the Website. Each of those provisions applies to any disputes that may arise in relation to this policy or TenDigits’ collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this policy.

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Privacy Statement Changes - To accommodate changes in the Website, changing technology, and legal developments, this Privacy Statement may be changed from time to time in TenDigits’ discretion and without any prior notice or liability to you or any other person. New versions of this Privacy Statement will be posted here. TenDigits’ collection, use and disclosure of your personal information will be governed by the version of this Privacy Statement in effect at that time. Your continued dealings with TenDigits or your use of the Website subsequent to any changes to this Privacy Statement will signify your consent to the collection, use and disclosure of your personal information in accordance with the changed Privacy Statement. Accordingly, when you use the Website you should check the date of this Privacy Statement and review any changes since the last version. You should also bookmark this page and periodically review this Privacy Statement to ensure that you are familiar with the most current version. This Privacy Statement is dated: December 1, 2006.

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Your Comments - If you have any comments or questions about this Privacy Statement or your personal information, please contact us at INFO (AT) TENDIGITS (DOT) COM.

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YOUR ACCEPTANCE OF THIS AGREEMENT - This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and TenDigits Software Inc. ("TenDigits") regarding your use of the TenDigits website and its content (collectively the "Website"). Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent.

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OTHER TENDIGITS AGREEMENTS - This Agreement is in addition to and supplements any written agreements (including without limitation all software licenses, End User License Agreements, and services agreements) that you or any persons you represent have with TenDigits (now or in the future) concerning your dealings with TenDigits, including software and services provided by TenDigits. This Agreement and all other agreements that you or any persons you represent have with TenDigits (now or in the future) together constitute the entire agreement regarding your access to and use of the Website. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with TenDigits, the provisions of this Agreement shall govern regarding your access to and use of the Website.

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PERMISSION TO USE THE WEBSITE - The Website may be accessed and used only by individuals who have accepted and agreed to this Agreement, reached the age of majority in their jurisdictions of residence, and can form legally binding contracts under applicable law. Certain portions of the Website may be accessed and used only by individuals who have been issued a password by TenDigits. TenDigits may in its absolute discretion refuse permission to access and use the Website. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. The Website is made available to you for your lawful personal use only. You may access and use the Website using commercially available, SSL-capable Web browser software. You may only use the Website in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of TenDigits. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation of the Website except while you are using the Website.

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PASSWORDS - All passwords remain the property of TenDigits, and may be cancelled or suspended at any time by TenDigits in its absolute discretion, and without any notice or liability to you or any other person. The use of a password does not restrict access by TenDigits to password-protected information. 

YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL AND NOT DISCLOSE IT TO ANY PERSON OR PERMIT ANY OTHER PERSON TO USE IT. 

You must take all reasonable precautions to maintain the secrecy of your password, including ensuring that any information stored on any computer with which you access the Website is protected against unauthorized access by other persons. You must not use any "save password" feature on your Internet browser in conjunction with the Website. Once you have initiated a session in connection with the Website, you must not leave the Internet terminal from which you have accessed the Website until you have terminated that session and logged off the Website. 

TenDigits is not required to confirm the identity or authority of any person using your password. TenDigits may act upon any communication that is given with the use of your password. TenDigits may, in its absolute discretion, require proof at any time of the authority of any person seeking to use your password, and may refuse to accept or act upon any communication if it is not satisfied with such proof. 

YOU AND ALL PERSONS YOU REPRESENT ARE JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL USE AND MISUSE OF YOUR PASSWORD. YOU MUST ENSURE THAT ALL USES OF YOUR PASSWORD COMPLY WITH THIS AGREEMENT. PASSWORDS MAY NOT PREVENT UNAUTHORIZED ACCESS TO DATA OR OTHER INFORMATION YOU MAY USE IN CONNECTION WITH THE WEBSITE. YOUR USE OF YOUR PASSWORD IS AT YOUR OWN RISK. YOU MUST NOTIFY TENDIGITS IMMEDIATELY AT INFO (AT) TENDIGITS (DOT) COM IF YOU KNOW OR SUSPECT THAT YOUR PASSWORD HAS BEEN LOST OR STOLEN OR BECOME KNOWN TO OR USED BY ANY OTHER PERSON. UNTIL YOU GIVE SUCH NOTICE TO TENDIGITS AND TENDIGITS ACTUALLY RECEIVES AND PROCESSES IT, YOU AND ALL PERSONS YOU REPRESENT WILL CONTINUE TO BE JOINTLY AND SEVERALLY LIABLE FOR ALL AUTHORIZED OR YOU AND ALL PERSONS YOU REPRESENT ARE JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL USE AND MISUSE OF YOUR PASSWORD. YOU MUST ENSURE THAT ALL USES OF YOUR PASSWORD COMPLY WITH THIS AGREEMENT. PASSWORDS MAY NOT PREVENT UNAUTHORIZED ACCESS TO DATA OR OTHER INFORMATION YOU MAY USE IN CONNECTION WITH THE WEBSITE. YOUR USE OF YOUR PASSWORD IS AT YOUR OWN RISK. YOU MUST NOTIFY TENDIGITS IMMEDIATELY AT INFO (AT) TENDIGITS (DOT) COM IF YOU KNOW OR SUSPECT THAT YOUR PASSWORD HAS BEEN LOST OR STOLEN OR BECOME KNOWN TO OR USED BY ANY OTHER PERSON. UNTIL YOU GIVE SUCH NOTICE TO TENDIGITS AND TENDIGITS ACTUALLY RECEIVES AND PROCESSES IT, YOU AND ALL PERSONS YOU REPRESENT WILL CONTINUE TO BE JOINTLY AND SEVERALLY LIABLE FOR ALL AUTHORIZED OR UNAUTHORIZED USE OF YOUR PASSWORD.

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WEBSITE COMMUNICATIONS - All communications you submit through the Website must be true, accurate and complete. You authorize TenDigits to accept communications that they receive from you by means of the Website and respond to your communications by means of Internet communications, email or other communications. Communications you send to TenDigits by means of the Website are not delivered or effective unless and until they are processed by the responsible TenDigits representative.

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WEBSITE CONTENT - TenDigits is not obliged to monitor, screen, police or edit the use of the Website, including postings of materials to the Website, although TenDigits reserves the right to do so in its discretion. TenDigits will respond as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Website, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding the Website or its content by sending an email to INFO (AT) TENDIGITS (DOT) COM.

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SOFTWARE AGREEMENTS - TenDigits may cause software to be available for you to download from the Website or through other websites. The software is protected by copyright. This Agreement and the software license agreement specific to the software govern your downloading and use of the software.

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DISCLAIMERS AND LIABILITY EXCLUSION

TENDIGITS DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE (WHICH INCLUDES ALL CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE). YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SERVICE, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, VIRUSES OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY TENDIGITS TO THE FULLEST EXTENT PERMITTED BY LAW. THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE CONTROL OF TENDIGITS AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. 

YOU ARE SOLELY RESPONSIBLE FOR: (A) OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO ACCESS AND USE THE WEBSITE; (B) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (C) MAINTAINING A COMPLETE AND CURRENT BACKUP OF ALL OF THE DATA CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO ACCESSING OR USING THE WEBSITE. TENDIGITS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON. 

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.

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NO ADVICE - The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.

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PERSONAL INFORMATION - TenDigits collects, uses and discloses your personal information in accordance with the TenDigits Privacy Statement which may be changed from time to time by TenDigits in its absolute discretion without any notice or liability to you or any other person by posting an amended Privacy Statement on the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by TenDigits in accordance with the Privacy Statement as it then reads.

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OWNERSHIP OF THE WEBSITE - The Website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Website are the property of TenDigits and others, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

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TRADEMARK INFORMATION - TENDIGITS™, TENDIGITS.COM™, the TENDIGITS logo, MOBILEACCESS™, the MOBILEACCSS logo, COMMON SENSE. UNCOMMON EXPERIENCE™, and ADVANCING BUSINESS RESULTS™ are trademarks, service marks and trade names owned or licensed by TenDigits. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on the Website (collectively "Marks"), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.

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OTHER SITES - For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from TenDigits, and TenDigits has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against TenDigits arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and TenDigits, the provisions of this Agreement under the section headed Disclaimers and Liability Exclusion (section 8) apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services and content.

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NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS - Links to the Website without the express written permission of TenDigits are strictly prohibited. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.

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UNSOLICITED SUBMISSIONS - If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to TenDigits or the Website you automatically grant (or warrant that the owner of the Submissions grants) to TenDigits and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of TenDigits or its successors and assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of TenDigits and its successors and assigns.

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CHANGES TO THIS AGREEMENT - TenDigits may, in its absolute discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any notice or liability to you or any other person, by posting a modified Agreement on the Website. You may not change, supplement, or amend this Agreement in any manner.

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TERMINATION - If you breach any provision of this Agreement, you may no longer use the Website. TenDigits may, at any time and for any reason and in its absolute discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it, or your permission to use the Website and your password, or this Agreement, all without any notice or liability to you or any other person. Any persons you represent may, at any time and in their absolute discretion, terminate your permission to access or use the Website. If this Agreement or your permission to access or use all or any part of the Website is terminated by you, or by any persons you represent, or by TenDigits, then this Agreement and all other then existing agreements between TenDigits and you or any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom. Sections 4, 8, 10, 11, 12, 13, 14, 15, 17, 18 and 19 of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties.

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GOVERNING LAW AND DISPUTE RESOLUTION - The Website is controlled by TenDigits from Vancouver, British Columbia. This Agreement and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply. Any dispute between you and TenDigits or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters ("Disputes") must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.

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OTHER MATTERS - If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement enures to the benefit of and be binding upon each of TenDigits and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without TenDigits' prior written consent, which consent may be withheld in TenDigits' absolute discretion. TenDigits may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties. Any rights not expressly granted by this Agreement are reserved to TenDigits. This Agreement is subject to change without notice. You expressly request and require that this Agreement be drawn up in the English language.