Disputes, governing law, and general terms

Informal resolution comes first. Before starting arbitration, a court case, or any other formal proceeding, you and we must first try to resolve the dispute informally for 30 days, unless urgent injunctive relief is needed under section 18.6 or the law does not allow this pre-dispute step.

To start informal resolution, send a written notice to

. Your notice must include your name, email address, mailing address if you want us to reply by mail, a description of the claim, the facts supporting it, and the relief you want. We will send any notice to the email address you used for price alerts or to any other contact address you provide.

If a dispute is not resolved during the 30-day informal period, then, to the fullest extent permitted by applicable law, you and we agree to resolve the dispute by binding individual arbitration administered by the ADR Institute of Canada under its applicable arbitration rules, unless another administrator is required by non-waivable law. The seat of arbitration will be Vancouver, British Columbia, Canada. The language will be English.

The arbitration agreement in section 18.3 applies only where it is lawful and practically accessible. It does not require arbitration of a consumer claim that cannot lawfully be forced into arbitration, including a claim that must remain available in court under the British Columbia Business Practices and Consumer Protection Act or under mandatory consumer-protection law of your state of residence.

You may opt out of arbitration by emailing

within 30 days after you first accept these Terms. Your opt-out email must state that you opt out of arbitration, identify the email address you used with Varietly, and include your name. Opting out of arbitration does not opt you out of the rest of these Terms.

Either party may bring a qualifying individual claim in small-claims court. Either party may also ask a court for temporary or permanent injunctive relief to protect intellectual property, confidential information, site security, the service, or our data from unauthorized scraping, crawling, harvesting, extraction, or republication.

To the fullest extent permitted by law, disputes must proceed only on an individual basis. You and we waive the right to bring, participate in, or recover through any class, collective, consolidated, private-attorney-general, or representative proceeding. This waiver does not apply where it is unenforceable.

To the fullest extent permitted by law, you and we waive the right to a jury trial. If a court or arbitrator finds the class-action waiver in section 18.7 unenforceable for a particular claim, then the arbitration agreement in section 18.3 is severed for that claim, and that claim may proceed in court. The rest of this section remains in force as far as the law allows.

If 25 or more similar arbitration demands are filed against us by or with the assistance of the same law firm, organization, or coordinated group, the demands will be handled in batches of up to 25 demands at a time unless the administrator requires a different process. Filing fees and deadlines for later batches will be deferred to the extent the administrator permits. The parties must meet and confer in good faith on a fair process that preserves access to individual relief.

Nothing in these Terms deprives you of rights or remedies that cannot be waived under applicable consumer-protection, public-interest, privacy, or other mandatory law. If mandatory law gives you the right to bring a claim in a specific forum, to seek public injunctive relief, or to participate in a statutory proceeding, these Terms do not take that right away.

To the fullest extent permitted by law, any claim must be brought within one year after the claim arose. If applicable law requires a longer limitation period, the longer non-waivable period applies.

These Terms and any dispute arising from or relating to them or the service are governed by the laws of British Columbia, Canada and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-laws rules.

Subject to section 18, the courts located in British Columbia, Canada will have non-exclusive jurisdiction over disputes arising from or relating to these Terms or the service. Non-exclusive jurisdiction means either party may ask those courts to hear a dispute, but you may still have rights to bring claims in another forum where mandatory consumer law allows it.

If you are a United States consumer, the choice of British Columbia law does not deprive you of the protection of mandatory provisions of the consumer-protection law of your state of residence. Those non-waivable laws may apply even if these Terms choose British Columbia law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Conflict-of-laws rules do not apply if they would require the law of another jurisdiction to govern.

Varietly is directed to adults in the United States. We do not represent that the service is appropriate or available outside the United States, or that it complies with the laws of any other country.

We may suspend, block, or terminate your access to all or part of the service at any time, with or without cause or notice. Reasons may include breach of these Terms, violation of the acceptable-use restrictions, suspected scraping, misuse of pricing data, security risk, legal risk, or conduct that may harm Varietly, users, providers, or third parties.

You may stop using the service at any time. If you receive price alerts, you may unsubscribe at any time by using the unsubscribe link in an alert email or by contacting us at

.

We may modify, suspend, or discontinue the service, any feature, any provider listing, any pricing feed, any alert, or any part of the site at any time without liability to you. Varietly is free to users and does not take payment from you.

When your alert subscription ends, we will stop sending alerts to the email address tied to that subscription. We will handle your email address as described in our

, including any deletion, retention, legal, security, or backup practices described there.

Sections that by their nature should survive termination will survive, including the acceptable-use restrictions, user content licence, intellectual property terms, disclaimers of warranty in section 15, limitation of liability in section 16, indemnification in section 17, dispute resolution in section 18, governing law and venue in section 19, and these general provisions.

Entire agreement. These Terms, together with the incorporated

,

, and

, are the entire agreement between you and us about the service and replace any prior or contemporaneous understandings about the service.

Severability. If any provision of these Terms is unlawful, void, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable. If it cannot be modified, it will be severed. The rest of these Terms will remain in force.

No waiver. If we do not enforce a provision of these Terms, that does not waive our right to enforce it later. A waiver must be in writing and signed by the party giving the waiver.

Assignment. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, or operation of law. You may not assign or transfer these Terms without our prior written consent.

Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including internet or hosting failures, cyberattacks, provider data outages, labour disputes, acts of government, emergencies, natural disasters, war, terrorism, civil unrest, and failures of third-party services.

Electronic communications. You consent to receive notices and other communications from us electronically, including by email, by posting on the service, or through links on the service. You agree that electronic records, notices, disclosures, and signatures satisfy any legal requirement that they be in writing.

Notices. We may give notice by posting it on the service, by emailing the address you provided for alerts, or by any other method allowed by law. You must send legal notices to

. A notice is effective when sent, posted, or delivered, unless mandatory law requires a different time.

No third-party beneficiaries. These Terms do not create rights for anyone other than you and us, except that the indemnified parties described in section 17 may enforce the rights given to them under that section.

Headings. Section titles and clause headings are for convenience only. They do not limit or change the meaning of these Terms.

Relationship of the parties. These Terms do not create any agency, partnership, joint venture, fiduciary, employment, or franchise relationship between you and us.

Language. These Terms are drafted in English. To the fullest extent permitted by law, any translation is provided for convenience only, and the English version controls.

Contact information. Varietly is operated under the registered legal name Varietly.com in British Columbia, Canada. You can contact us at

.