Terms & Liability

THE WEBSITE OPERATED AT THEFLYINGSAGE.CA AND SUCH OTHER LOCATIONS AS MADE AVAILABLE FROM TIME TO TIME (COLLECTIVELY, THE “WEBSITE”) AND THE SERVICES OFFERED THEREFROM (COLLECTIVELY, THE “SERVICE”) ARE OPERATED BY THE FLYING SAGE CO. AND ITS CORPORATE AFFILIATES (COLLECTIVELY, “US”, “WE”, “OUR” OR “THEFLYINGSAGE”).

BY ACCESSING OR USING THE SERVICE, YOU (“YOU” AND, TOGETHER WITH ALL PERSONS ACCESSING OR USING THE SERVICE, COLLECTIVELY, THE “USERS”) SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT (THIS “AGREEMENT”) IN ALL RESPECTS WITH RESPECT TO THE WEBSITE, OUR PROVISION OF THE SERVICE, AND YOUR USE OF THEM.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. 

THE SERVICE CONTENT (DEFINED IN SECTION 6 BELOW) POSTED ON OR ACCESSIBLE THROUGH THE SERVICES AND THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOUR RELIANCE ON ANY CONTENT PROVIDED BY US, OUR AFFILIATED COMPANIES, CONTRIBUTORS TO, OR OTHER USERS OF THE WEBSITE OR THE SERVICES IS SOLELY AT YOUR OWN RISK. 

WE STRONGLY RECOMMEND THAT YOU CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE ENGAGING WITH OUR PROGRAMMING, ESPECIALLY OUR BREATHWORK EVENTS, COLD EXPOSURE EVENTS, DANCE EVENTS OR ANY OTHER PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF: (A) YOU (OR ANYONE IN YOUR FAMILY) HAVE A HISTORY OF SCHIZOPHRENIA, BI-POLAR DISORDER, PERSONALITY DISORDERS, HIGH BLOOD PRESSURE OR HEART DISEASE; (B) YOU HAVE EVER EXPERIENCED CHEST PAIN WHILE EXERCISING; (C) YOU HAVE EXPERIENCED CHEST PAIN IN THE LAST MONTH WHILE NOT ENGAGING IN PHYSICAL ACTIVITY; (D) YOU SMOKE; (E) YOU HAVE HIGH CHOLESTEROL; (F) YOU ARE OBESE; (G) YOU HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY; (H) YOU ARE PREGNANT; (I) YOU ARE NURSING; OR (J) YOU ARE AWARE OF ANY OTHER REASON THAT YOU SHOULD NOT PARTICIPATE (INCLUDING, WITHOUT LIMITATION, YOU ARE ELDERLY, YOU HAVE A MEDICAL CONDITION, OR YOU ARE ON MEDICATION). NOT ALL  OF OUR PROGRAMS ARE SUITABLE FOR EVERYONE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES. NOTHING STATED OR POSTED ON OR AVAILABLE VIA THE WEBSITE OR THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE USING THE SERVICES YOU SHOULD STOP IMMEDIATELY.

BY USING THE SERVICES, YOU REPRESENT, ACKNOWLEDGE, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU ARE UNDER 18 YEARS OF AGE BUT ARE AT LEAST 16 YEARS OLD (A “MINOR”), YOU REPRESENT, ACKNOWLEDGE, AND AGREE THAT YOU ARE USING THE SERVICES WITH THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN WHO HAS AGREED TO THESE TERMS AND WILL BE PRESENT WHILE YOU USE THE SERVICES.  YOU MUST NOT USE THE SERVICES IF YOU ARE UNDER 16 YEARS OF AGE. IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THESE TERMS FOR THE BENEFIT OF A MINOR, YOU ARE FULLY RESPONSIBLE FOR (A) REVIEWING THESE TERMS WITH THE MINOR, (B) ENSURING THE MINOR UNDERSTANDS THESE TERMS, AND (C) THE MINOR’S USE OF THE SERVICES, INCLUDING ALL LEGAL LIABILITY HE OR SHE MAY INCUR. 

SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, PLEASE CONTACT HELLO@THEFLYINGSAGE.CA 

PLEASE REFER TO THE FLYING SAGE PRIVACY POLICY AVAILABLE AT HTTPS://WWW.THEFLYINGSAGE.CA/PRIVACY-POLICY FOR INFORMATION ON HOW THE FLYING SAGE COLLECTS, USES, DISCLOSES AND PROTECTS PERSONALLY IDENTIFIABLE INFORMATION INCLUDING COOKIES.

1. CHANGES TO THIS AGREEMENT.  WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THIS AGREEMENT FROM TIME TO TIME WITHOUT FURTHER NOTICE. IF WE DO THIS, WE WILL DATE AND POST THE MOST CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE. ANY CHANGES WILL BE EFFECTIVE UPON POSTING THE REVISED VERSION OF THIS AGREEMENT (OR SUCH LATER EFFECTIVE DATE AS MAY BE INDICATED AT THE TOP OF THE REVISED AGREEMENT). NOTICE OF OTHER CHANGES MAY BE PROVIDED VIA THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THIS PAGE AND THE DATE OF THIS AGREEMENT WHENEVER YOU VISIT THE WEBSITE TO SEE IF THIS AGREEMENT HAS BEEN UPDATED AND TO REVIEW SUCH CHANGES. YOUR CONTINUED ACCESS OR USE OF ANY PORTION OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES, MODIFICATIONS, ADDITIONS OR DELETIONS. IF YOU DO NOT AGREE TO ANY OF THE CHANGES, WE ARE NOT OBLIGATED TO KEEP PROVIDING THE SERVICE, AND YOU MUST STOP USING THE SERVICE.
   

2. YOUR ACCOUNT AND SECURITY.  IN CONSIDERATION OF YOUR USE OF THE SERVICE, YOU HEREBY AGREE TO: (A) PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION ABOUT YOURSELF AS REQUESTED BY ANY REGISTRATION FORMS ON THE SERVICE (“REGISTRATION DATA”); AND (B) MAINTAIN AND PROMPTLY UPDATE THE REGISTRATION DATA TO KEEP IT TRUE, ACCURATE, CURRENT AND COMPLETE. BY PROVIDING REGISTRATION DATA TO US THROUGH THE SERVICE, YOU WILL PROVIDE PERSONAL ACCOUNT INFORMATION (YOU “USER ACCOUNT”). YOU HEREBY AGREE TO BE FULLY RESPONSIBLE FOR: (W) ALL USE OF YOUR USER ACCOUNT; (X) ANY ACTION THAT TAKES PLACE USING YOUR USER ACCOUNT BY ANY PERSON OR AUTOMATED PROCESS; (Y) MAINTAINING THE CONFIDENTIALITY AND SECURITY OF YOUR USER ACCOUNT AND PASSWORDS; AND (Z) IMMEDIATELY NOTIFYING US UPON ANY UNAUTHORIZED USE OF YOUR PASSWORD OR USER ACCOUNT, OR IF YOU KNOW OF ANY OTHER BREACH OF SECURITY IN RELATION TO THE WEBSITE OR SERVICES. THE FLYING SAGE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM ANY UNAUTHORIZED USE OF YOUR ACCOUNT(S).
   

3. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.  BY USING THE SERVICE OR REGISTERING WITH THE FLYING SAGE, YOU UNDERSTAND THAT WE MAY SEND YOU COMMUNICATIONS OR DATA REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO: (A) NOTICES ABOUT YOUR USE OF THE SERVICE, INCLUDING ANY NOTICES CONCERNING VIOLATIONS OF USE; (B) UPDATES; AND (C) PROMOTIONAL INFORMATION, NEWSLETTERS AND MATERIALS REGARDING THE FLYING SAGE’S PRODUCTS AND SERVICES, VIA ELECTRONIC MAIL. IN ACCORDANCE WITH OUR PRIVACY POLICY, IF YOU OPT-IN TO RECEIVE PROMOTIONAL ELECTRONIC MAIL, WE GIVE YOU THE OPPORTUNITY TO OPT-OUT OF RECEIVING SUCH FROM US BY FOLLOWING THE OPT-OUT INSTRUCTIONS PROVIDED IN THE MESSAGE.
   

4. CONTENT.  IN THIS AGREEMENT, “CONTENT” MEANS ALL MATERIALS AND CONTENT OF ANY TYPE, INCLUDING, BUT NOT LIMITED TO, PHOTOS, GRAPHICS, IMAGES, DESIGNS, PROFILES, MESSAGES, INFORMATION, NOTES, TEXT, INFORMATION (INCLUDING REGISTRATION DATA), MUSIC, SOUND, VIDEO, ARTICLES, AND SOFTWARE.
   

5. USER CONTENT AND YOUR LICENSE TO US.  THE SERVICE PERMITS YOU (OR ANY PERSON USING YOUR USER ACCOUNT) TO SUBMIT, TRANSMIT, COPY, MAKE AVAILABLE AND DISTRIBUTE CONTENT (COLLECTIVELY, YOUR “USER CONTENT”), AND WE DO NOT CLAIM OWNERSHIP OVER ANY USER CONTENT NOR DO WE CLAIM ANY RESPONSIBILITY FOR PRE-SCREENING USER CONTENT.  YOU ACKNOWLEDGE THAT ALL OF YOUR USER CONTENT WILL BE CONSIDERED BOTH NON-CONFIDENTIAL AND NON-PROPRIETARY, ALTHOUGH WE MAY PROVIDE FUNCTIONS THAT ALLOW YOU TO CONTROL WHO MAY ACCESS YOUR USER CONTENT. IF WE DO PROVIDE SUCH FUNCTIONS AND YOU ENABLE THE FEATURES THAT ALLOW YOU TO SHARE YOUR USER CONTENT WITH OTHERS, ANYONE YOU HAVE SHARED USER CONTENT WITH (INCLUDING THE GENERAL PUBLIC, IN CERTAIN CIRCUMSTANCES) MAY HAVE ACCESS TO YOUR USER CONTENT.  WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO EDIT OR DELETE ANY USER CONTENT THAT YOU SUBMIT. BY PROVIDING ANY USER CONTENT, YOU:

6. ACKNOWLEDGE THAT THE FLYING SAGE RESERVES THE RIGHT TO REFUSE TO ACCEPT, DISPLAY, OR TRANSMIT ANY USER CONTENT IN ITS SOLE DISCRETION,
   

7. GRANT THE FLYING SAGE THE WORLDWIDE, FULLY PAID, ROYALTY-FREE, NON-EXCLUSIVE RIGHT AND LICENSE TO USE, DISTRIBUTE, REPRODUCE, MODIFY, ADAPT, PERFORM AND DISPLAY SUCH USER CONTENT AS PERMITTED BY THE FUNCTIONALITY OF THE SERVICE (THE “USER LICENSE”) ON THE FOLLOWING TERMS:

8. THE USER LICENSE IS LIMITED TO THE PURPOSE OF OFFERING THE SERVICE,
   

9. THE USER LICENSE INCLUDES THE FLYING SAGE’S RIGHT TO SUBLICENSE TO THIRD PARTY SERVICE PROVIDERS FOR THE SOLE PURPOSE OF OFFERING THE SERVICE, AT ALL TIMES IN ACCORDANCE WITH THIS AGREEMENT, AND
   

10. THE USER LICENSE WILL END, AND THE FLYING SAGE WILL CEASE TO USE USER CONTENT, A COMMERCIALLY REASONABLE PERIOD AFTER SUCH USER CONTENT IS REMOVED FROM THE SERVICE,

11. REPRESENT AND WARRANT TO US THAT (1) YOU HAVE ALL RIGHT, TITLE AND INTEREST IN THE USER CONTENT REQUIRED TO GRANT THE USER LICENSE, (2) IF APPLICABLE, YOU HAVE PAID AND WILL PAY IN FULL ALL LICENSE FEES, CLEARANCE FEES, AND OTHER FINANCIAL OBLIGATIONS, OF ANY KIND, ARISING FROM ANY USE OR COMMERCIAL EXPLOITATION OF YOUR USER CONTENT, (3) THE USER CONTENT DOES NOT INFRINGE ON ANY OTHER PERSON’S COPYRIGHT, TRADE-MARK, PROPRIETARY INTERESTS, TRADE SECRETS, PRIVACY OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND (4) NO USER CONTENT CONTAINS ANY LIBELLOUS, DEFAMATORY OR OTHERWISE UNLAWFUL MATERIAL,,
    

12. WERE NOT AND WILL NOT BE COMPENSATED OR GRANTED ANY CONSIDERATION BY ANY THIRD PARTY FOR SUBMITTING YOUR USER CONTENT,
    

13. HEREBY AGREE TO INDEMNIFY US AND HOLD US HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES OR EXPENSES INCURRED BY US IN RESPECT OF ANY THIRD PARTY CLAIMS THAT YOUR USER CONTENT INFRINGES ON ANY OTHER PERSON’S RIGHTS (INCLUDING ALL OF THE RIGHTS SET OUT IN (B) ABOVE), AND
    

14. HEREBY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND ACKNOWLEDGE THAT WE RESERVE THE RIGHT (BUT HAVE NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS AND TO TAKE ANY ACTION WITH RESPECT TO ANY USER ACCOUNT PERTAINING TO SUCH USERS, IN OUR SOLE DISCRETION.

15. FEEDBACK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY FEEDBACK THAT YOU GIVE US (E.G., COMMENTS, QUESTIONS, SUGGESTIONS, MATERIALS – COLLECTIVELY, “FEEDBACK”) THROUGH ANY COMMUNICATION MEANS WHATSOEVER (E.G., CALL, FAX, FORM, EMAIL) WILL BE TREATED AS BOTH NON-CONFIDENTIAL AND NON-PROPRIETARY.  YOU HEREBY ASSIGN US ALL RIGHT, TITLE, AND INTEREST IN, AND WE ARE FREE TO USE, WITHOUT ANY ATTRIBUTION OR COMPENSATION TO YOU, ANY IDEAS, KNOW-HOW, CONCEPTS, TECHNIQUES, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS CONTAINED IN THE FEEDBACK, WHETHER OR NOT PATENTABLE AND/OR SUBJECT TO COPYRIGHT, FOR ANY PURPOSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LICENSING, MARKETING, AND SELLING, DIRECTLY OR INDIRECTLY, PRODUCTS AND SERVICES USING SUCH FEEDBACK. WHERE THE FOREGOING ASSIGNMENT IS PROHIBITED BY LAW, YOU HEREBY GRANT US AN EXCLUSIVE, TRANSFERABLE, WORLDWIDE, ROYALTY-FREE, FULLY PAID UP LICENSE (INCLUDING THE RIGHT TO SUBLICENSE) TO USE AND EXPLOIT ALL FEEDBACK AS WE MAY DETERMINE IN OUR SOLE DISCRETION. YOU UNDERSTAND AND AGREE, HOWEVER, THAT WE ARE NOT OBLIGATED TO USE, DISPLAY, REPRODUCE, OR DISTRIBUTE ANY SUCH IDEAS, KNOW-HOW, CONCEPTS, OR TECHNIQUES CONTAINED IN THE FEEDBACK, AND YOU HAVE NO RIGHT TO COMPEL SUCH USE, DISPLAY, REPRODUCTION, OR DISTRIBUTION.
    

16. SERVICE CONTENT.  ALL CONTENT AVAILABLE OR STORED ON THE SERVICE OTHER THAN YOUR USER CONTENT, INCLUDING THE SERVICE ITSELF, ALL OTHER USERS' CONTENT, ANY CONTENT MADE AVAILABLE BY THE FLYING SAGE OR ANY THIRD PARTY, AND THE SELECTION AND ARRANGEMENT OF ALL SUCH CONTENT AND USER CONTENT (COLLECTIVELY, THE “SERVICE CONTENT”), IS THE PROPRIETARY PROPERTY OF US, THE USERS, OR OUR LICENSORS WITH ALL RIGHTS RESERVED, AND THE FLYING SAGE (OR, AS APPLICABLE, OUR USERS OR LICENSORS) RETAIN AND SHALL RETAIN ALL RIGHT, INTEREST AND TITLE IN AND TO ALL SERVICE CONTENT. FOR GREATER CERTAINTY, UNLESS OTHERWISE SPECIFIED IN THESE TERMS, ALL SERVICE CONTENT IS OUR SOLE PROPERTY.  ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.  
    

17. OUR LICENSE TO YOU.  PROVIDED THAT YOU ARE ELIGIBLE FOR USE OF THE SERVICE, AND THAT YOU AGREE TO THIS AGREEMENT, WE HEREBY GRANT YOU A LIMITED, PERSONAL, NON-TRANSFERABLE, REVOCABLE (AT ANY TIME WITH OR WITHOUT NOTICE OR CAUSE) AND NON-EXCLUSIVE RIGHT AND LICENSE TO ACCESS AND USE THE SERVICE AND TO DOWNLOAD OR PRINT A COPY OF ANY PORTION OF THE SERVICE CONTENT SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE FOR THE SOLE PURPOSE OF MAKING CLASS RESERVATIONS, PURCHASES, OR OTHER PERSONAL USE, SUBJECT TO THIS AGREEMENT AND PROVIDED THAT YOU KEEP ALL COPYRIGHT OR OTHER PROPRIETARY NOTICES INTACT.
    

18. USER CONDUCT (THINGS YOU MUST NOT DO).  YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS AVAILABLE FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. WITHOUT RESTRICTING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE NOT TO:

19. ALTER, MODIFY, COPY, DISTRIBUTE, FRAME, REPRODUCE, REPUBLISH, DOWNLOAD, DISPLAY, POST, TRANSMIT, OR SELL IN ANY FORM OR BY ANY MEANS, IN WHOLE OR IN PART, SERVICE CONTENT,
    

20. EXCEPT TO THE EXTENT REQUIRED TO BE PERMITTED BY THE LAW OF YOUR JURISDICTION, REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE, TRANSLATE OR OTHERWISE ATTEMPT TO EXTRACT THE SOURCE CODE FROM THE SERVICE, THE SERVICE CONTENT, OR ANY PART THEREOF,
    

21. MAKE THE SERVICE OR SERVICE CONTENT AVAILABLE TO ANYONE, OR PERMIT ANYONE TO ACCESS SAME, NOR LICENSE, SUBLICENSE, SELL, RESELL, PUBLISH, REPUBLISH, TRANSFER, ASSIGN, DISTRIBUTE, RENT, LEASE, TIME-SHARE, COPY OR OTHERWISE COMMERCIALLY EXPLOIT THE SERVICE IN ANY WAY EXCEPT IN FURTHERANCE OF YOUR PERMITTED USE IN ACCORDANCE WITH THIS AGREEMENT,
    

22. REPUBLISH ANY SERVICE CONTENT ON ANY INTERNET, INTRANET OR EXTRANET SITE OR INCORPORATE THE INFORMATION IN ANY OTHER DATABASE OR COMPILATION, WITHOUT OUR PRIOR WRITTEN PERMISSION OR THE PERMISSION OF THE PARTICULAR CONTENT OWNER, AS THE CASE MAY BE,
    

23. USE ANY DATA MINING, ROBOT OR SIMILAR DATA GATHERING OR EXTRACTION METHODS WITH RESPECT TO ANY SERVICE OR ANY SERVICE CONTENT,
    

24. REGISTER FOR MORE THAN ONE USER ACCOUNT, REGISTER FOR A USER ACCOUNT ON BEHALF OF AN INDIVIDUAL OTHER THAN YOURSELF (EXCEPT IF YOU ARE THE PARENT OR LEGAL GUARDIAN TO SUCH INDIVIDUAL), OR REGISTER FOR A USER ACCOUNT ON BEHALF OF ANY GROUP OR NON-INDIVIDUAL ENTITY (EXCEPT IF YOU ARE DULY AUTHORIZED TO DO SO BY SUCH GROUP OR ENTITY),
    

25. IMPERSONATE ANY PERSON OR ENTITY, OR FALSELY STATE OR OTHERWISE MISREPRESENT YOURSELF, YOUR AGE OR YOUR AFFILIATION WITH ANY PERSON OR ENTITY, IN YOUR REGISTRATION DATA, USER ACCOUNT OR OTHERWISE;
    

26. UPLOAD, POST, TRANSMIT, SHARE OR OTHERWISE MAKE AVAILABLE ON THE SERVICE ANY USER CONTENT THAT

27. CONTAINS ANY PRIVATE INFORMATION OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ADDRESSES, PHONE NUMBERS, EMAIL ADDRESSES, SOCIAL INSURANCE NUMBERS, US SOCIAL SECURITY NUMBERS, CREDIT CARD NUMBERS, FINANCIAL INFORMATION AND OTHER PERSONALLY IDENTIFYING OR PRIVATE INFORMATION, UNLESS THAT THIRD PARTY HAS CONSENTED TO SUCH USE OF ITS PRIVATE INFORMATION,
    

28. IN OUR SOLE DISCRETION, IS HARMFUL, THREATENING, UNLAWFUL, DEFAMATORY, INFRINGING, ABUSIVE, INFLAMMATORY, HARASSING, VULGAR, OBSCENE, FRAUDULENT, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE,
    

29. CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT, OR
    

30. WOULD CONSTITUTE, ENCOURAGE OR PROVIDE INSTRUCTIONS FOR A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY, OR THAT WOULD OTHERWISE CREATE LIABILITY OR VIOLATE ANY LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW,

31. DISABLE OR CIRCUMVENT ANY ACCESS CONTROL OR RELATED PROCESS OR PROCEDURE ESTABLISHED WITH RESPECT TO THE SERVICE, OR ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE SERVICE OR SERVICE CONTENT,
    

32. REMOVE ANY COPYRIGHT OR OTHER PROPRIETARY NOTICES ON OR IN THE SERVICE, SERVICE CONTENT OR ANY PART THEREOF,
    

33. SOLICIT PERSONAL INFORMATION FROM ANYONE UNDER 18 OR SOLICIT PASSWORDS OR PERSONALLY IDENTIFYING INFORMATION FROM ANY PERSON FOR COMMERCIAL OR UNLAWFUL PURPOSES,
    

34. USE THE SERVICE OR ANY SERVICE CONTENT TO “STALK”, INTIMIDATE, HARM OR OTHERWISE HARASS ANOTHER USER OR ANOTHER PERSON,
    

35. INTENTIONALLY OR UNINTENTIONALLY VIOLATE ANY APPLICABLE LOCAL, MUNICIPAL, PROVINCIAL, STATE, NATIONAL, FEDERAL, OR INTERNATIONAL LAW, INCLUDING ANY REGULATIONS THERETO, OR ANY COURT ORDER OR LAWFUL ORDER OF ANY GOVERNMENTAL AUTHORITY,
    

36. ACCESS THE SERVICE IN ORDER TO (I) BUILD A COMPETITIVE PRODUCT OR SERVICE, OR (II) COPY ANY FEATURES, FUNCTIONS OR GRAPHICS OF THE SERVICE OR SERVICE CONTENT,
    

37. UTILIZE THE SERVICE IN ANY WAY EXCEPT AS EXPRESSLY PERMITTED BY THIS AGREEMENT, INCLUDING BY DEVELOPING OR USING ANY SOFTWARE TOOL OR OTHER APPLICATION THAT INTERFACES WITH THE SERVICE OR THE WEBSITE EXCEPT FOR STANDARD WEB BROWSERS,
    

38. INTERFERE WITH OR DISRUPT THE SERVICE OR SERVICE CONTENT (INCLUDING THE SERVERS, NETWORKS OR TECHNOLOGY CONNECTED TO THE SERVICE), OR
    

39. USE OR ATTEMPT TO USE ANOTHER'S USER ACCOUNT OR THE SERVICE WITHOUT EXPRESS AUTHORIZATION FROM US OR THE APPLICABLE USER.

40. USER CONTENT RESPONSIBILITY.  YOU ACKNOWLEDGE AND AGREE THAT (A) YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR USER CONTENT AND THE NATURE, QUALITY AND ACCURACY THEREOF, AND (B) WE MAY, BUT ARE NOT OBLIGATED TO, REVIEW AND DELETE OR REMOVE (WITHOUT NOTICE) ANY USER CONTENT, IN OUR SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT THAT VIOLATES THIS AGREEMENT. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY USER CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY SERVICE CONTENT (EXCEPT FOR THIS AGREEMENT, THE PRIVACY POLICY AND OTHER LEGALLY BINDING AGREEMENTS) FOR ANY PURPOSE WHATSOEVER.  YOU WILL ALSO COMPLY WITH ANY OF YOUR OWN LOCAL LAWS REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT, INCLUDING LAWS RELATING TO THE EXPORT OF DATA IF YOU ARE OUTSIDE OF CANADA. YOU WILL COOPERATE AND PROVIDE THE FLYING SAGE WITH SUCH ASSISTANCE RELATED TO ANY USER CONTENT THAT VIOLATES THIS AGREEMENT AS THE FLYING SAGE MAY REQUEST.
    

41. OTHER USES AND TERMINATION.  ANY USE OF THE WEBSITE, SERVICE, OR THE SERVICE CONTENT OTHER THAN AS SPECIFICALLY AUTHORIZED IN THIS AGREEMENT, WITHOUT OUR PRIOR WRITTEN PERMISSION, IS STRICTLY PROHIBITED AND WILL AUTOMATICALLY TERMINATE ALL LICENSES GRANTED BY US HEREIN. SUCH UNAUTHORIZED USE MAY ALSO VIOLATE APPLICABLE LAWS INCLUDING, WITHOUT LIMITATION, COPYRIGHT, PRIVACY, TRADE-SECRETS AND TRADEMARK LAWS AND APPLICABLE COMMUNICATIONS REGULATIONS AND STATUTES. IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS OF SERVICE, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR WEBSITE. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OR CANCELLATION OF YOUR ACCESS TO, OR USE OF OUR WEBSITE.
    

42. TRADEMARKS AND INTELLECTUAL PROPERTY NOTICES.  “THE FLYING SAGE”, THE FLYING SAGE LOGO AND DESIGN, AND ALL OTHER TRADE-MARKS, TRADE DRESS, GRAPHICS, LOGOS, DESIGNS, PAGE HEADERS, BUTTON ICONS, SCRIPTS AND SERVICE NAMES USED BY THE FLYING SAGE ON OR IN CONNECTION WITH THE WEBSITE, THE CONTENT, AND THE SERVICE (COLLECTIVELY, THE “MARKS”) ARE REGISTERED TRADEMARKS, TRADEMARKS OR TRADE DRESS OF THE FLYING SAGE OR OUR LICENSORS. ALL RIGHT, TITLE AND INTEREST IN AND TO THE MARKS, WHETHER REGISTERED OR NOT, ARE AND SHALL REMAIN VESTED IN US OR IN OUR LICENSORS, AS APPLICABLE. THE MARKS MAY NOT BE USED, INCLUDING AS PART OF TRADEMARKS, TRADE NAMES, TRADE DRESS OR AS PART OF DOMAIN NAMES, IN CONNECTION WITH ANY PRODUCT OR SERVICE IN ANY MANNER THAT IS LIKELY TO CAUSE CONFUSION AND MAY NOT BE COPIED, IMITATED, OR USED, IN WHOLE OR IN PART, WITHOUT OUR PRIOR WRITTEN PERMISSION OR THE WRITTEN PERMISSION OF OUR LICENSORS. OTHER PRODUCT AND COMPANY NAMES MAY BE TRADE OR SERVICE MARKS OF THEIR RESPECTIVE OWNERS. THE FLYING SAGE MAY HAVE TRADEMARKS, TRADEMARK APPLICATIONS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS COVERING SUBJECT MATTER THAT IS PART OF THE SERVICE. UNLESS WE HAVE GRANTED YOU LICENSES TO OUR INTELLECTUAL PROPERTY IN THIS AGREEMENT, OUR PROVIDING YOU WITH THE SERVICE DOES NOT GIVE YOU ANY LICENSE TO OUR INTELLECTUAL PROPERTY, WHETHER BY ESTOPPEL, IMPLICATION OR OTHERWISE. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
    

43. UPDATES TO THE SERVICE.  THE FLYING SAGE RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, TO MAKE UNSCHEDULED DEPLOYMENTS OF CHANGES, MODIFICATIONS, MAINTENANCE, UPDATES, UPGRADES, AND ENHANCEMENTS TO THE SERVICE AND TO ADD OR REMOVE FUNCTIONALITIES OR FEATURES, OR SUSPEND OR STOP THE SERVICE ALTOGETHER. NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE SHALL NOT BE LIABLE IN ANY WAY TO YOU OR ANY THIRD PARTY FOR SUCH CHANGE, MODIFICATION, MAINTENANCE, ADDITION, REMOVAL, UPDATE, UPGRADE, ENHANCEMENT, SUSPENSION OR TERMINATION.
    

44. THIRD PARTY SITES AND CONTENT.  THE SERVICE CONTAINS (OR YOU MAY BE PRESENTED WITH THROUGH THE SERVICE) LINKS TO OTHER WEBSITES (“THIRD PARTY SITES”). FOR EXAMPLE, YOU WILL BE DIRECTED TO TICKETTAILOR.COM TO REGISTER FOR AND PURCHASE EVENTS, AS WELL AS RECEIVE ACCESS TO CERTAIN CONTENT BELONGING TO OR ORIGINATING FROM PARTIES OTHER THAN US OR OUR USERS (“THIRD PARTY CONTENT”). YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT INVESTIGATE, CHECK, OR MONITOR NOR ARE WE RESPONSIBLE IN ANY WAY FOR SUCH THIRD PARTY SITES OR THIRD PARTY CONTENT ACCESSED THROUGH OR AVAILABLE ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, ACCURACY, OFFENSIVENESS, OPINIONS, RELIABILITY OR POLICIES OF OR CONTAINED IN THE THIRD PARTY SITES OR THE THIRD PARTY CONTENT. THE INCLUSION OF OR LINKING TO A THIRD PARTY SITE OR THIRD PARTY CONTENT DOES NOT IMPLY (A) OUR APPROVAL, INVESTIGATION, SPONSORSHIP, RECOMMENDATION OR ENDORSEMENT THEREOF; NOR (B) ANY AFFILIATION WITH THE FLYING SAGE. IF YOU DECIDE TO LEAVE THE SERVICE YOU AGREE THAT YOU DO SO AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT OUR TERMS AND POLICIES DO NOT GOVERN OR APPLY.  PLEASE REVIEW THE APPLICABLE TERMS AND POLICIES INCLUDING PRIVACY AND DATA GATHERING POLICIES OF ANY THIRD PARTY SITE TO WHICH YOU MAY NAVIGATE THROUGH THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT YOU ACCESS THROUGH THE SERVICE, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH THIRD PARTY SITES AND THIRD PARTY CONTENT.
    

45. NO RESPONSIBILITY FOR OTHERS’ CONTENT.  WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON THE SERVICE, WHETHER MADE AVAILABLE OR CAUSED TO BE MADE AVAILABLE BY USERS OR BY ANY OF THE TECHNOLOGY ASSOCIATED WITH OR UTILIZED IN THE SERVICE. ALTHOUGH WE PROVIDE THIS AGREEMENT AND OTHER POLICIES AND RULES FOR USER CONDUCT, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR OUR USERS’ ACTIONS AND ARE NOT RESPONSIBLE FOR ANY CONTENT YOU MAY ENCOUNTER ON THE SERVICE, BE IT USER CONTENT OR THIRD PARTY CONTENT. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE FLYING SAGE HAS NO RESPONSIBILITY TO MONITOR ANY USER CONTENT OR THIRD PARTY CONTENT.
    

46. PRIVACY.  IN ORDER TO OPERATE AND PROVIDE THE SERVICE, WE COLLECT CERTAIN INFORMATION ABOUT YOU. AS PART OF THE SERVICE, WE MAY ALSO AUTOMATICALLY UPLOAD INFORMATION ABOUT YOUR COMPUTER OR DEVICE, YOUR USE OF THE SERVICE, AND SERVICE PERFORMANCE. WE USE AND PROTECT THAT INFORMATION AS DESCRIBED IN THE PRIVACY POLICY LOCATED AT HTTPS://WWW.THEFLYINGSAGE.CA/PRIVACY-POLICY  (“PRIVACY POLICY”). WITHOUT LIMITING THE PRIVACY POLICY, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE MAY (BUT HAVE NO OBLIGATION TO) ACCESS OR DISCLOSE INFORMATION ABOUT YOU, INCLUDING THE CONTENT, YOUR USER ACCOUNT DATA AND ANY USER CONTENT, IF WE REASONABLY BELIEVE THE SAME IS NEEDED TO: (A) COMPLY WITH THE LAW OR RESPOND TO LAWFUL REQUESTS OR LEGAL PROCESS; (B) PROTECT THE RIGHTS OR PROPERTY OF THE FLIYNG SAGE OR OUR CUSTOMERS, INCLUDING THE ENFORCEMENT OF OUR AGREEMENTS OR POLICIES GOVERNING YOUR USE OF THE SERVICE; OR (C) ACT ON A GOOD FAITH BELIEF THAT SUCH ACCESS OR DISCLOSURE IS NECESSARY TO PROTECT AGAINST IMMINENT HARM TO ANY PERSON, ANY SAFETY OF ANY PERSON OR ANY PROPERTY OF ANY PERSON.  YOU FURTHER ACKNOWLEDGE THAT THE SERVICE USES THE INTERNET AND OTHER, THIRD-PARTY NETWORKS, AND THAT, ACCORDINGLY, ANY INFORMATION PROCESSED USING THE SERVICE MAY BE PROCESSED OR TRANSMITTED OVER VARIOUS NETWORKS (INCLUDING THOSE OUTSIDE OF OUR CONTROL).
    

47. NO WARRANTY.  THE FLYING SAGE PROVIDES THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLYING SAGE MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN RESPECT OF THE WEBSITE, THE SERVICE, THE SERVICE CONTENT, OR CONTENT ACCESSED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, (A) ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, (B) ANY WARRANTY THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, (C) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, (D) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AND (E) ANY WARRANTY THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. VITAL SOFTWARE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.
    

48. AVAILABILITY.  THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER CONTENT. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION, INCLUDING, WITHOUT LIMITATION, ANY PROBLEM OR MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PERSONS, TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE (INCLUDING THE THOSE IN THE SERVICE) OR COMBINATION THEREOF.
    

49. INDEMNIFICATION.  WITHOUT LIMITING ANYTHING IN THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK YOU HAVE OR WILL ENTER INTO PRIOR TO PARTICIPATING IN YOUR FIRST EVENT, YOU AGREE YOU WILL INDEMNIFY AND DEFEND THE FLYING SAGE AND ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES AND AFFILIATES FROM AND AGAINST ANY COST, LOSS, DAMAGE, DEMAND, LIABILITY, OR OTHER EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR IN CONNECTION WITH ANY USER CONTENT, ANY THIRD PARTY CONTENT, YOUR USE OF THE SERVICE, YOUR CONDUCT IN CONNECTION WITH THE SERVICE OR WITH OTHER USERS OF THE SERVICE, OR ANY VIOLATION OF: (A) THIS AGREEMENT, (B) ANY LAW OR REGULATION, OR (C) ANY RIGHT OF ANY THIRD PARTY.
    

50. LIMITATION OF LIABILITY.  WITHOUT LIMITING ANYTHING IN THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FLYING SAGE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA OR CONTENT) HOWEVER CAUSED, ARISING FROM YOUR USE OF THE WEBSITE, THE SERVICE, THE SERVICE CONTENT, OR CONTENT ACCESSED THROUGH THE SERVICE, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE FLYING SAGE IS AWARE OR HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE FLYING SAGE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS RELATING TO THE SERVICE WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE FLYING SAGE FOR THE SERVICE DURING THE YEAR IN WHICH THE UNDERLYING CAUSE AROSE, BUT IN NO CASE WILL THE FLYING SAGE’S LIABILITY EXCEED THE LESSER OF THE COST OF YOUR CLASS OR MEMBERSHIP PACKAGE FOR THE PERIOD IN WHICH THE CLAIM AROSE (FOR EXAMPLE, IF THE CLAIM AROSE WHILE USING OR PURCHASING A SAGE MEMBERSHIP, NO MORE THAN THE COST THAT THE SAGE MEMBERSHIP WAS PURCHASED FOR), AND $100. YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO THE FLYING SAGE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENITITLED TO DAMAGES OF ANY KIND FROM THE FLYING SAGE, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
    

51. ORDERS AND PAYMENTS. 

52. YOU AGREE TO PAY ANY FEES APPLICABLE TO YOUR USE OF THE SERVICES, SERVICE CONTENT, AND WEBSITE, INCLUDING BUT NOT LIMITED TO FEES AND CHARGES APPLICABLE TO YOUR PURCHASES. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND/OR ACCESS TO THE SERVICES, SERVICE CONTENT, AND WEBSITE IF YOUR OFFERED PAYMENT METHOD (E.G., CREDIT CARD) CANNOT BE PROCESSED. BY PROVIDING A PAYMENT METHOD, YOU EXPRESSLY AUTHORIZE US AND/OR OUR THIRD PARTY PAYMENT PROCESSOR TO CHARGE THE APPLICABLE FEES ON SAID PAYMENT METHOD AS WELL AS TAXES AND OTHER CHARGES INCURRED THERETO, ALL OF WHICH DEPEND ON THE SERVICES YOU UTILIZE AND THE PRODUCTS YOU PURCHASE. YOU AGREE THAT WE MAY CHARGE ANY UNPAID AMOUNTS TO YOUR PROVIDED PAYMENT METHOD AND/OR SEND YOU A BILL FOR SUCH UNPAID FEES.
    

53. CERTAIN SERVICES AVAILABLE FOR PURCHASE ON OR THROUGH THE WEBSITE ARE PURCHASED ON A SUBSCRIPTION BASIS (EACH A “MEMBERSHIP”).  EACH MEMBERSHIP AND THE RIGHTS AND PRIVILEGES PROVIDED TO MEMBERS ARE PERSONAL AND NON-TRANSFERABLE. THE FEE THAT YOU WILL BE CHARGED FOR YOUR MEMBERSHIP WILL BE THE RELEVANT PRICE POSTED ON THE WEBSITE ON THE DATE THAT YOU SUBSCRIBE. WE RESERVE THE RIGHT TO CHANGE OUR STANDARD PRICING FOR MEMBERSHIPS AT ANY TIME. SUCH CHANGES WILL AFFECT YOUR MEMBERSHIP FOLLOWING THE END OF YOUR CURRENT MEMBERSHIP PERIOD, PROVIDED THAT WE GIVE YOU AT LEAST 30 DAYS EMAIL NOTICE OF ANY PRICE CHANGE. IF YOU DO NOT AGREE TO SUCH PRICE CHANGE, THEN CLICK ON YOUR PROFILE SETTINGS AND CANCEL YOUR MEMBERSHIP BEFORE THE START OF ANY SUCH PRICE CHANGE OR EMAIL HELLO@THEFLYINGSAGE.CA NO LESS THAN 5 DAYS PRIOR TO THE END OF YOUR MEMBERSHIP PERIOD TO ASSIST YOU WITH CANCELLATION.
    

54. FREE-TRIALS AND PROMOTION-PRICED SUBSCRIPTIONS WILL CONVERT TO FULL PRICE SUBSCRIPTIONS AT THE END OF THE FREE-TRIAL OR PROMOTION PERIOD, AS APPLICABLE. TO AVOID ANY CHARGES, YOU MAY CANCEL YOUR MEMBERSHIP BEFORE THE END OF ANY FREE TRIAL BY LOGGING INTO MIGHTY NETWORKS AND CANCELLING YOUR TRIAL IN SETTINGS.
    

55. YOU MAY PAY MEMBERSHIP FEES ONLY WITH CREDIT CARD PAYMENTS.  YOUR CREDIT CARD WILL BE CHARGED FOR YOUR FIRST MEMBERSHIP FEE ON THE DATE THAT WE PROCESS YOUR REGISTRATION. ONCE YOUR CREDIT CARD IS CHARGED THE FIRST MEMBERSHIP FEE, YOU WILL RECEIVE A CONFIRMATION E-MAIL NOTIFYING YOU OF YOUR ABILITY TO ACCESS THOSE MEMBER-ONLY PORTIONS OF THE WEBSITE.
    

56. AUTOMATIC MEMBERSHIP RENEWAL. BEGINNING WITH THE FIRST MONTH FOLLOWING THE END OF THE MEMBERSHIP PERIOD TO WHICH YOU INITIALLY SUBSCRIBE, WE WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP AND, AS AUTHORIZED BY YOU DURING THE REGISTRATION PROCESS, WE WILL CHARGE YOUR CREDIT CARD WITH THE APPLICABLE MONTHLY MEMBERSHIP FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR PAYMENT (UNLESS YOU CANCEL PRIOR TO THE LAST DAY OF YOUR THEN-CURRENT MEMBERSHIP PERIOD). EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEDING MEMBERSHIP PERIOD.  WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR CANCELLATION REQUEST.  FOR GREATER CERTAINTY, IF YOU CANCEL YOUR MEMBERSHIP AFTER THE FIRST DAY OF THE OF YOUR RENEWAL TERM, YOU WILL NOT RECEIVE A REFUND, BUT YOU WILL CONTINUE TO ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTH FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THAT MONTH. 
    

57. ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

58. GOVERNING LAW; VENUE AND JURISDICTION.  YOU AGREE THAT THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA, CANADA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THIS AGREEMENT AND ANY DISPUTE OF ANY SORT THAT MIGHT ARISE BETWEEN YOU AND US. YOU HEREBY IRREVOCABLY ATTORN TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF BRITISH COLUMBIA WITH RESPECT TO ANY DISPUTE HEREUNDER.
    

59. NOTICES.  WE MAY SEND YOU, IN ELECTRONIC FORM, INFORMATION ABOUT THE SERVICE, ADDITIONAL INFORMATION, AND INFORMATION THE LAW REQUIRES US TO PROVIDE. YOU CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE WILL COMMUNICATE WITH YOU BY E-MAIL TO THE EMAIL ADDRESS ATTACHED TO YOUR USER ACCOUNT THROUGH YOUR REGISTRATION DATA OR BY POSTING NOTICES ON (A) THE SERVICE AT-LARGE, OR (B) INTO YOUR PERSONAL MESSAGE CENTRE AVAILABLE ON THE SERVICE. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
    

60. MERGER OR ACQUISITION.  IT IS POSSIBLE THAT THE FLYING SAGE MAY BE ACQUIRED OR TRANSFERRED AS PART OF A MERGER, ACQUISITION OR OTHER CHANGE OF CONTROL. IN THE EVENT OF SUCH A TRANSACTION, YOU UNDERSTAND AND AGREE THAT WE MAY ASSIGN OUR RIGHTS UNDER THIS AGREEMENT AND THAT YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO THE SUCCEEDING ENTITY IN ACCORDANCE WITH OUR PRIVACY POLICY. YOU WILL BE PROVIDED WITH REASONABLE NOTICE AND AN OPPORTUNITY TO OPT-OUT OF THE TRANSFER.
    

61. OTHER.  WE MAY ASSIGN, TRANSFER, OR OTHERWISE DISPOSE OUR RIGHTS AND OBLIGATIONS UNDER THIS CONTRACT, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE. YOU MAY NOT ASSIGN THIS CONTRACT OR TRANSFER ANY RIGHTS TO USE THE SERVICE. THIS AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING THE USE OF THE SERVICE, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE OR THE SERVICE, EXCEPT AS RELATED TO YOUR PARTICIPATION IN A CLASS WHERE THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK WILL APPLY. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION IN THAT OR ANY OTHER INSTANCE. IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID, UNLAWFUL, VOID OR UNENFORCEABLE FOR ANY REASON, THAT PROVISION SHALL BE DEEMED SEVERABLE AND THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT. THE FLYING SAGE AND YOU ARE NOT LEGAL PARTNERS OR AGENTS; INSTEAD, OUR RELATIONSHIP IS THAT OF INDEPENDENT CONTRACTORS. THIS AGREEMENT SHALL ENURE TO THE BENEFIT OF, AND BE BINDING UPON, PARTIES HERETO AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS.
    

62. INTERPRETATION.  HEADINGS ARE FOR CONVENIENCE ONLY AND SHALL NOT BE USED TO INTERPRET, OR AS A GUIDE FOR INTERPRETATION OF, THIS AGREEMENT. THE WORD “OR” IS NOT EXCLUSIVE AND THE WORD “INCLUDING” IS NOT LIMITING (WHETHER OR NOT NON-LIMITING LANGUAGE SUCH AS “WITHOUT LIMITATION” OR “BUT NOT LIMITED TO” OR OTHER WORDS OF SIMILAR IMPORT ARE USED WITH REFERENCE THERETO). A WORD IMPORTING THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, A WORD IN THE SINGULAR INCLUDES THE PLURAL, A WORD IMPORTING A CORPORATE ENTITY INCLUDES AN INDIVIDUAL, AND VICE VERSA AND “PERSON” WILL MEAN AN INDIVIDUAL, PARTNERSHIP, CORPORATION (INCLUDING A BUSINESS TRUST), JOINT STOCK COMPANY, TRUST UNINCORPORATED ASSOCIATION, JOINT VENTURE, OR OTHER ENTITY OR A GOVERNMENT OR ANY AGENCY, DEPARTMENT OR INSTRUMENTALITY THEREOF AND VICE VERSA.

63. PRIZES AND REWARDS. FOR EVENTS SUCH AS OUR COLD PLUNGE CHALLENGE AND OTHER SPONSORED EVENTS WITH PRIZES, WE CAN NOT GUARANTEE THE DELIVERY OF A PRIZE FROM ONE OF OUR SPONSORS. THE FULFILLMENT OF A PARTICULAR PRIZE IS DEPENDENT ON THE COMPANY’S ABILITY TO FULFILL IT. IN GENERAL, PRIZES OFFERED AS PART OF FLYING SAGE EVENTS, OFFERINGS OR CHALLENGES, EXPIRE 90 DAYS AFTER THE END OF THE EVENT OR CHALLENGE. IF THE CHALLENGE HAS A MULTIPLE SERIES OF EVENTS THEN THE “END OF THE EVENT” IS DEFINED AS THE DAY OF THE LAST EVENT IN THAT SERIES.
    

64. ENGLISH LANGUAGE.  THE PARTIES AGREE THAT THIS AGREEMENT AND ALL DOCUMENTS RELATING THERETO BE DRAWN UP IN ENGLISH.  LES PARTIES ONT DEMANDÉ QUE CETTE CONVENTION AINSI QUE TOUS LES DOCUMENTS QUI S’Y RATTACHENT SOIENT RÉDIGÉS EN ANGLAIS.
    

- END OF TERMS OF SERVICE. -