These Terms of Use govern your use of the Swan Pizza Limited ("Red Swan Pizza") and its affiliates Web site or Applications or Social Media Accounts. By using, visiting, or browsing the Red Swan Pizza Web site or Applications or Social Media Accounts, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Red Swan Pizza Web site or Applications. These Terms of Use are an ongoing contract between you and Red Swan Pizza and apply to your use of the Red Swan Pizza Web site or Applications. These Terms of Use affect your rights and you should read them carefully.
You, the user of the App or website or social media accounts/platforms, confirm your acceptance of these App or website or social media accounts/platforms terms of use (“Terms”). If you do not agree to these Terms, you must immediately discontinue use of Red Swan Pizza website or Red Swan Pizza social media accounts/platforms, uninstall the Red Swan Pizza App and discontinue its use.
Red Swan Pizza reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Red Swan Pizza Website or Applications or Social Media Accounts after changes are made means that you agree to be bound by such changes.
Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms, then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
You must be at least 18 years of age and resident in the Canada to use the App and Website.
Red Swan Pizza hereby grants you a non-exclusive, non-transferable, revocable licence to use the App and Website for your personal, non-commercial use. Use app only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”).
In the event of your breach of these Website & App Terms we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) and/or Internet Service Provider will apply to your use of the App & Website. You acknowledge that you may be charged by the Mobile Provider and/or Internet Service Provider for data services while using certain features of the App or Website or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used and/or Data and/or internet usage to access the App, you will be assumed to have received permission from the bill payer for using the App.
You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App or Website, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.
The website and App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App and website. THE APP AND WEBSITE IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE.
Red Swan Pizza is committed to protecting the privacy of the personal information you provide us on our Web site or Applications. Any information submitted on the Red Swan Pizza Web site or Applications is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
If you use the Red Swan Pizza Web site or Applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Red Swan Pizza Web site or Applications sells products to adults, who can purchase with a credit card, debit card and/or cash. If you are under 18, you may use the Red Swan Pizza Web site or Applications only with involvement of a parent or guardian. Red Swan Pizza and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
BY USING AND/OR VISITING THIS WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNTS (collectively, including all Content available through the swanpizza.com, redswanpizza.com, redswanpizza.ca, swanpizza.ca domain name, the "Red Swan Website" or the "Website", or the "Red Swan Applications" or the "Applications" or the “Red Swan Social Media Accounts” or the “Social Media Accounts” or Red Swan Ordering Partner web platform brygid.online) operated by Swan Pizza Limited or Web Partners Brygid Technologies or other Third party assign by Swan Pizza Limited, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF RED SWAN PRIVACY NOTICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Red Swan Website or Applications or Social Media Accounts.
These Terms of Service apply to all users of the Website or Applications or Social Media Accounts, including users who are also contributors of video content, information, and other materials or services on the Website or Applications or Social Media Accounts. The Website or Applications or Social Media Accounts may contain links to third party websites or applications or Social Media Accounts that are not owned or controlled by Red Swan. Red Swan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or applications or Social Media Accounts. In addition, Red Swan will not and cannot censor or edit the content of any third-party site or application. By using the Website or Applications, you expressly relieve Red Swan from any and all liability arising from your use of any third-party website or application or Social Media Accounts. Accordingly, we encourage you to be aware when you leave the Website or Applications or Social Media Accounts and to read the terms and conditions and privacy policy of each other website or application or Social Media Accounts that you visit.
A. Red Swan hereby grants you permission to use the Website or Applications or Social Media Accounts as set forth in this Terms of Service, provided that: (i) your use of the Website or Applications or Social Media Accounts as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website or Applications or Social Media Accounts in any medium without Red Swan prior written authorization; (iii) you will not alter or modify any part of the Website or Applications or Social Media Accounts other than as may be reasonably necessary to use the Website or Applications or Social Media Accounts for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website or Applications or Social Media Accounts, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Red Swan immediately of any breach of security or unauthorized use of your account. Although Red Swan will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Red Swan or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website or Applications or Social Media Accounts in a manner that sends more request messages to the Red Swan servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Red Swan grants the operators of public search engines permission to use spiders to copy materials from the site or applications for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Red Swan reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website or Applications or Social Media Accounts, nor to use the communication systems provided by the Website or Applications or Social Media Accounts for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website or Applications or Social Media Accounts with respect to their User Submissions.
The content on the Red Swan Website or Applications or Social Media Accounts, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Swan Pizza Limited, subject to copyright and other intellectual property rights under Canada and foreign laws and international conventions. Content on the Website or Applications or Social Media Accounts is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Red Swan reserves all rights not expressly granted in and to the Website or Applications or Social Media Accounts and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website or Applications or Social Media Accounts for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or Applications or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or Applications or Social Media Accounts or the Content therein.
The Red Swan Website or Applications or social media platforms and format including Facebook page , Twitter account, Instagram account, emails now or may in the future permit the submission of Video content (“User Video”), photography content (“User Photographs”), and textual content (“User Comments”) and other type of communications (“User Communication) (collectively referred to as “User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. Red Swan does not guarantee any confidentiality with respect to any User Submissions, including your User Names and Profile Information.
When you make a User Submission, you acknowledge, consent and agree to: 1) your User Submission being featured on the Media Format and potentially being used by Red Swan Pizza; 2) a grant to Red Swan of a non-exclusive, perpetual, irrevocable, worldwide right and license to use, reproduce, modify, adapt, publish, edit, create a derivative work from display, or otherwise exhibit or distribute the submission or any portion of it, in any medium or forum, now known or later developed, at any time, without any payment to you or a third party, and 3) a non-exclusive license to access your User Submission and to use, exhibit, display use or reproduce such User Submission in accordance with the terms of this Agreement.
Your use of Instagram, Twitter, Facebook, Instagram, Apps or similar media formats to make User Submissions including using the designated hashtags is also governed by the terms and conditions of use for those sites.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You may be held legally liable for your User Submissions, including for example, to the extent you submit content containing material protected by copyright, trademark, patent, trade secret, or other proprietary rights without the permission of the owner. You represent and warrant to Red Swan Pizza that you: (a) are the sole owner of the content you submit and that you have the right and authority to grant to Red Swan Pizza and users of the Media Formats the license provided for in these Terms of Use and (b) will not submit any content that is illegal, libelous, defamatory, pornographic, violates any law or the legal rights of a third party including but not limited to rights of privacy or publicity, or intellectual property rights.
You further agree not to submit any content that contains any viruses, Trojan horses, worms, time bombs or other data functions that will damage or detrimentally interfere with the operation of the Website, App, Media Platforms, accounts or surreptitiously appropriate or intercept any data or system. Red Swan Pizza reserves the right to remove any User Submissions at any time, for any reason, in its sole discretion.
Your User Submissions you share continue to be owned by you to the extent of your rights in the submission.
By submitting the User Submissions to Red Swan, you hereby grant Red Swan a perpetual worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website or Applications or Social Media Accounts and the Red Swan (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website or Applications or Social Media Accounts (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the Website or Applications or Social Media Accounts, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website or Applications or Social Media Accounts and under these Terms of Service.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Red Swan all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Red Swan or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Red Swan does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Red Swan expressly disclaims any and all liability in connection with User Submissions. Red Swan does not permit copyright infringing activities and infringement of intellectual property rights on its Website or Applications or Social Media Accounts, and Red Swan will block and remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Red Swan reserves the right to remove Content and User Submissions without prior notice. Red Swan will also terminate a User's access to its Website or Applications or Social Media Accounts, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the Website or Applications or Social Media Accounts. Red Swan also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Red Swan may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
Red Swan Pizza respects and honors the intellectual property rights of others, and we ask that you do the same. If you are the owner of a copyright and you believe that infringing activity or materials are present on any of our Media Formats, you may request removal of those materials (or access to them) by following our Process and submitting written notification with following information,
You understand that when using the Website or Applications or Social Media Platforms, you may be exposed to User Submissions from a variety of sources, and that Red Swan is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Red Swan with respect thereto, and agree to indemnify and hold Red Swan, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site or applications.
Red Swan Pizza does not endorse any User Submission or any opinion, observation, recommendation, or suggestion expressed therein, and Red Swan Pizza expressly disclaims any and all liability in connection with User Submissions. Inclusion of any User Submission does not constitute an endorsement of such User Submission by Red Swan Pizza, and Red Swan Pizza makes no claim as to the accuracy of any User Submission.
Red Swan Pizza reserves the right in its sole discretion to determine which User Submissions will be shared or featured, including refusing to post any User Submission that violates our Privacy Policy, Terms of Use, or applicable law. Red Swan Pizza reserves the right to remove such User Submissions any time, without prior notice and at its sole discretion.
THE PRICES, MATERIALS AND INFORMATION CONTAINED IN THE WEBSITE, APP ARE SUBJECT TO CHANGE WITHOUT NOTICE AND MAY VARY FROM THOSE PRICES CHARGED THROUGH OTHER ORDERING SYSTEMS AND FROM LOCATION TO LOCATION.
You agree not to use the App or website in any way that:
YOU AGREE THAT YOUR USE OF THE RED SWAN WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RED SWAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT AND YOUR USE THEREOF. RED SWAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S OR APPLICATIONS' CONTENT OR THE CONTENT OF ANY SITES OR APPLICATIONS LINKED TO THIS SITE OR APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RED SWAN WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT. RED SWAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RED SWAN WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT OR ANY HYPERLINKED WEBSITE OR APPLICATION OR SOCIAL MEDIA ACCOUNT OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RED SWAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL RED SWAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT , (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RED SWAN WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT RED SWAN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website or Application or Social Media Accounts is controlled and offered by Red Swan from its facilities in Canada. Red Swan makes no representations that the Red Swan Website or Applications or Social Media Accounts are appropriate or available for use in other locations. Those who access or use the Red Swan Website or Applications or Social Media Accounts from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Red Swan, its corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer's fees) arising from: (i) your use of and access to the Website or Applications or Social Media Accounts; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website or Applications or Social Media Accounts.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the Red Swan Website or Applications or Social Media Accounts are not intended for children under 14. If you are under 14 years of age, then please do not use the Red Swan Website or Applications - there are lots of other great websites or applications or Social Media Accounts for you. Talk to your parents about what sites or applications are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Red Swan without restriction.
This web site or applications contains many valuable trademarks owned by Swan Pizza Limited and its affiliates. These trademarks are used to distinguish Red Swan Pizza quality products and service. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the express written consent of Swan Pizza Limited.
The text, graphics and html code contained in this web site or applications are the exclusive property of Swan Pizza Limited. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form without the prior written permission of Swan Pizza Limited.
The Red Swan Pizza web site or applications may link to sites or applications not maintained by or related to Red Swan Pizza. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this web site or applications or Red Swan Pizza. Red Swan Pizza has not reviewed the sites or applications hyper-linked to or from this web site or application and is not responsible for the content of any other site or application. These links are to be accessed at the user's own risk. Red Swan Pizza makes no representations or warranties about the content, completeness, or accuracy of these links or the sites or applications hyper-linked to this web site or application. Furthermore, Red Swan Pizza does not implicitly endorse third-party sites or applications hyper-linked to this web site or application.
You agree that: (i) the Red Swan Website or Applications or Social Media Accounts shall be deemed solely based in Saskatchewan; and (ii) the Red Swan Website or Applications or Social Media Accounts shall be deemed a passive website or application or Social Media Accounts that does not give rise to personal jurisdiction over Red Swan, either specific or general, in jurisdictions other than Saskatchewan. These Terms of Service shall be governed by the internal substantive laws of the Province of Saskatchewan, without respect to its conflict of laws principles. Any claim or dispute between you and Red Swan that arises in whole or in part from the Red Swan Website or Applications or Social Media Accounts shall be decided exclusively by a court of competent jurisdiction located in Saskatchewan. These Terms of Service, together with the Red Swan Website or Applications or Social Media Accounts Privacy Notice and any other legal notices published by Red Swan on the Website or Applications or Social Media Accounts, shall constitute the entire agreement between you and Red Swan concerning the Website or Applications or Social Media Accounts. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the failure by Red Swan to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Red Swan reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Red Swan Website or Applications or Social Media Accounts following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RED SWAN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RED SWAN WEBSITE OR APPLICATIONS OR SOCIAL MEDIA ACCOUNT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.