EQUESTRIAN SHOW MANAGER INC.
TERMS AND CONDITIONS OF PARTICIPATION
NOTE: These Terms and Conditions must be accepted by a responsible person who is over the age of majority. If you are under the age of majority, you may be registered to use the Equestrian Show Manager Inc. services, but your participation must be confirmed by a person who is responsible for you, such as a parent or guardian. Your parent or guardian will be responsible for your actions and activities as a recipient of the our services. If you are a person who is registering a third person to access our services, you confirm that you have full authority to register the third person and that you will be responsible for the third person’s compliance with these Terms and Conditions of Participation.
ACCEPTANCE OF TERMS
Equestrian Show Manager Inc. (“we”, “us”, “our”) provides its service to you and other equestrians, subject to the following Terms and Conditions which may be updated by us from time to time without notice to you. Although we will not give you specific written notice of changes, we will provide a notice on our Website at www.eqshowmanager.com (the “Website”) that there has been a change in these Terms and Conditions. You should review these Terms and Conditions from time to time and when we provide a notice of change on our Website. Your continued use of the Website constitutes your agreement, without limitation or qualification, with all of the terms and conditions as stated in this document, which is a legal and binding agreement between you and us.
EQUESTRIAN’S REGISTRATION OBLIGATIONS
If you wish to register a third person to participate in an equestrian event that we administer through the use of the tools contained in our Website, you must provide us with, and allow us to maintain a permanent record of, certain information, such as the third person’s full name, address, date of birth, event class or event classes, interests, horses ridden, owners of horses ridden, trainers, equine health service providers, membership in identifiable groups and accomplishments. If you yourself wish to participate in an equestrian event that we administer through the use of the tools contained in our Website, you must provide us with, and allow us to maintain a permanent record of, certain information, such as your full name, address, date of birth, event class or event classes, interests, horses ridden, owners of horses ridden, trainers, equine health service providers, membership in identifiable groups and accomplishments. We require you and each third person you register to have a unique user name and password combination in order to participate, enter information and access information. As part of the registration process for each equestrian event administered through the Website, you and each third person you register will use a user name and password. You are responsible for maintaining the confidentiality of such passwords and accounts, and are fully responsible for all activities that occur under those passwords or accounts. We are not liable for any harm caused or related to the theft or misappropriation of any user name or password, disclosure of any user name or password, or your authorization of anyone else to use your or any third person’s user name or password. You agree to immediately notify Equestrian Show Manager Inc. if you become aware of or believe there is or may have been any unauthorized use of any password or account or any other breach of security or any other need to deactivate a user name or password due to security or other concerns. You will be responsible for exiting from your account at the end of each Website browsing session.
As mentioned above, we collect certain personal information as part of the registration process. We also collect personal information about you and about each third person you register to use our services – for example, name, age, image, standing and placement at equestrian events, coach or trainer, horses’ names and statistics and other such information that may be traced back to you or such third person – and maintain that information as part of your personal information profile and such third person’s personal information profile as Website users. We will link the personal information we collect from you with the personal information we collect about you, and the third persons you register, from third parties or from events in which you participate. You authorize us to publish that information (except in the case of age, it will be your age expressed as a year, e.g., 13 years of age, rather than as a specific date of birth) on our Website and in reports that are generated through our Website.
In addition to publishing information about you and the third persons you register to use our services, we may also contact you and such third persons, or allow others to contact you and such third persons on our behalf, for the purpose of offering you goods and services that are directly or indirectly related to equestrian activities and interests. For example, you may receive offers for books, magazines and equestrian-related products and services or other products and services that may be of interest. Our separate consent for commercial electronic messages covers this right.
We will also use the information we obtain from you and compile, for direct and indirect marketing purposes, to improve our Website and services and to develop new products and services.
RIGHTS TO IDEAS / CONTENT
Equestrian Show Manager Inc. is free to use any images, videos, text, ideas, concepts, know-how, or techniques contained in any communication you, or the third persons you register for our services, send to Equestrian Show Manager Inc. for any purpose whatsoever, including, but not limited to, developing and marketing products using such information, without compensation or any other obligations to anyone, including you.
Anything transmitted or posted may be used in perpetuity by Equestrian Show Manager Inc. and its affiliated organizations for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, dissemination, re-posting, ‘tweeting’ and web logging.
Equestrian Show Manager Inc. respects the intellectual property of others, and requires that its users do the same. Accordingly, neither you nor any third person you register for our services may post any material protected by copyright anywhere on the Website without the express permission of the author or owner of the copyright in that material.
Equestrian Show Manager Inc. will promptly take down or block access to infringing or allegedly infringing material on its servers if Equestrian Show Manager Inc. becomes aware that such material infringes the copyright rights of a third party, whether Equestrian Show Manager Inc. identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party.
If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, and appears on the Website, please contact us.
LOSS OF DATA/ERRONEOUS DATA
Equestrian Show Manager Inc. is not responsible for any damage to you or any third party caused by loss of access to, or deletion or alteration of any information on the Website. Equestrian Show Manager Inc. is not responsible for any damage to you or any third party caused by incorrect information on the Website.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. If you or any third party you register for the services send any communications or materials to the us by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary.
SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of sponsors, third parties or advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, advertiser or third party (as applicable). You agree that Equestrian Show Manager Inc. shall not be responsible or liable for any loss or damage of any sort incurred by you or anyone else as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Website.
HYPERLINKS TO THIRD PARTY WEBSITES
Please exercise discretion while browsing the Internet. Please note that certain links on an Equestrian Show Manager Inc. Website may take you to other Websites. Equestrian Show Manager Inc. provides these links only as a convenience and not as an endorsement by Equestrian Show Manager Inc. These linked websites are not necessarily under the control or influence of Equestrian Show Manager Inc. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Equestrian Show Manager Inc. is not responsible for the content of any such linked websites or any other web page which is not part of our Website and under our control. Unless otherwise expressly provided, Equestrian Show Manager Inc. makes no representation or warranty regarding, and does not endorse, any linked website or the information, products or services appearing thereon. Accordingly, you agree that Equestrian Show Manager Inc. will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any website linked from our Website.
RESTRICTIONS ON USE
We own the copyright in all material, information and content (collectively "Content") available on our Website, including the manner in which such Content is presented. All our rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Equestrian Show Manager Inc. grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through our Website, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content. You may not use the Website or its Content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use the Website solely for your own non-commercial use and benefit and not for resale or other transfer or disposition to any other person or entity and not to support any gaming or gambling.
WEBSITE ACCESS RESTRICTIONS
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained on the Website or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our information technology infrastructure. You agree that you will not access, reload or "refresh" pages contained on our Website, or make any other request to transactional servers, more than once during any thirty second interval. Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, sited, or otherwise exploited for any commercial purpose without express written consent of Equestrian Show Manager Inc. You may not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including images, text, page layout, or form) or those of our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Equestrian Show Manager Inc.’s name or trademarks without our express written consent. Any unauthorized use terminates the permission or license we have granted to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Equestrian Show Manager Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Equestrian Show Manager Inc. logo or other proprietary graphic or trademark as part of the link without our express written permission.
You understand that all information, data, text, photographs, graphics, images, avatars, video, messages, idea, reviews, opinions, suggestions or other materials ("Submitted Content"), whether publicly or privately posted, emailed, transmitted, uploaded or other submitted to Equestrian Show Manager Inc., are the sole responsibility of the person from which such Submitted Content originated and any such post, email, transmission, uploading or other submission of such Submitted Content is subject to these Terms and Conditions. In addition, you also acknowledge and agree that you, and not Equestrian Show Manager Inc., are entirely responsible for all Submitted Content that you post, e-mail, transmit, upload or otherwise submit via the Website. Equestrian Show Manager Inc. does not control the Submitted Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content (as defined below) that is offensive, indecent or objectionable or that is bullying, threatening or inaccurate. Under no circumstances will Equestrian Show Manager Inc. be liable in any way for any Content (including Submitted Content), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, e-mailed, transmitted, uploaded or otherwise submitted.
MODIFICATIONS TO SERVICE
Equestrian Show Manager Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or our services (or any part of the Website or services) with or without notice. You agree that any modification or discontinuance of the Website or services may be effected without prior notice, and you acknowledge and agree that in connection with any such modification or discontinuance, Equestrian Show Manager Inc. may immediately deactivate or delete your account and all related information and files in your account (including any registration data and personal information). You further agree that Equestrian Show Manager Inc. shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever.
You agree that Equestrian Show Manager Inc., in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Equestrian Show Manager Inc. Website or services, and remove and discard any Submitted Content within the Website, for any reason, including, without limitation, for lack of use or if Equestrian Show Manager Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Equestrian Show Manager Inc. may also in its sole discretion and at any time discontinue providing the Website or services, or any parts of the Website or services, with or without notice. You agree that any suspension and/or termination of your access to the Website or services may be effected without prior notice, and acknowledge and agree that Equestrian Show Manager Inc. may immediately deactivate or delete your account and all related information and files in your account (including any registration data and personal information) and/or bar any further access to such files or the services. You further agree that Equestrian Show Manager Inc. shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with an Equestrian Show Manager Inc. Website or any of the services or with any terms, conditions, rules, policies, guidelines, or practices of Equestrian Show Manager Inc. in operating an Equestrian Show Manager Inc. Website or any of the services, your sole and exclusive remedy is to discontinue using the Equestrian Show Manager Inc. Website or services in question.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE AND THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Website, including, without limitation, Content associated with your use of the Website or your performance or results at equestrian events.
b. EQUESTRIAN SHOW MANAGER INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (v) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EQUESTRIAN SHOW MANAGER INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
e. THE WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, OR OTHER INFORMATION CREATED BY EQUESTRIAN SHOW MANAGER INC. OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR CASUAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY EQUESTRIAN SHOW MANAGER INC. AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE BOTH FOR YOURSELF AND ANY THIRD PERSON YOU MAY REGISTER FOR EQUESTRIAN SHOW MANAGER INC.’S SERVICES THAT NEITHER EQUESTRIAN SHOW MANAGER INC. NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EQUESTRIAN SHOW MANAGER INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA , INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST EQUESTRIAN SHOW MANAGER INC. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE AND THE INFORMATION AVAILABLE THEREON.
PERSONAL INJURY OR DEATH
You acknowledge that equestrian events can be dangerous and that falling off a horse or collision with other equestrians or with other objects can cause injury or death to you or a third party. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER EQUESTRIAN SHOW MANAGER INC. NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EQUESTRIAN SHOW MANAGER INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM PERSONAL INJURY OR DEATH DURING AN EQUESTRIAN EVENT.
You agree to defend, indemnify and hold harmless each of Equestrian Show Manager Inc., its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach, or the breach by any third person you register for our services, of any of these Terms and Conditions (including any Terms and Conditions incorporated by reference); (b) your or such third person’s access to or use of the Website, services or Content; or (c) your or such third person’s use or reliance on, or publication, communication or distribution of anything on or from the Website or through any of the services we or our affiliates provide. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
INDEMNIFICATION BY PARENTS OR GUARDIANS
If you are a parent or guardian of a Website user who is registered for the purpose of using the Website, you understand that all the promises contained in these Terms and Conditions that would be binding on the person using the Website if that person were of the age of majority are binding on you as primary covenantor and not as a surety. You agree to indemnify Equestrian Show Manager Inc. and its affiliates and licensors and each of their respective officers, directors, employees and agents for all claims, actions or demands, including without limitation reasonable legal and accounting fees involving the Website user and for all claims, actions or demands, including without limitation reasonable legal and accounting fees arising from the Website user’s use of the Website, our services and such user’s involvement in equestrian events.
The choice to provide us with personal information is always yours. Upon request, we will explain your options of refusing or withdrawing consent to the collection, use and release of your information, and we will record and respect your written choices. However, your decision to withhold particular details may limit the products or services we are able to offer. For example, if you do not allow us to collect your personal information, we will not be able to record your name and event accomplishments at equestrian events that we administer through the use of our software.
3. Electronic Communication
If and when we communicate with you using electronic means, you can opt out of receiving such messages by following the Unsubscribe link included at the bottom of such communications or by contacting the Privacy Officer of ESM at email@example.com. Any questions or concerns with respect to communications from ESM may be addressed to Privacy Officer at firstname.lastname@example.org.
We comply with Canada’s Anti-Spam Law, and so we ask each of our users to execute a consent document that confirms that we have our user’s consent to send commercial electronic messages.
4. Our Privacy Principles
4.1 Identifying Purposes and Obtaining Your Consent
We identify the purposes for collecting your personal information at or before the time it is collected. We will not collect, use or disclose your personal information without your consent, unless required or permitted to do so by law.
5. Limiting the Collection, Use and Disclosure of Your Personal Information
5.1 The Information We Collect
(a) Your given name and surname;
(b) Your date of birth;
(c) Your gender;
(d) Your home address, telephone number, facsimile number, email address and alternative shipping address;
(e) The name, contact information and status of your trainer and veterinarian;
(f) Your history of performance in equestrian events, including the horses you have ridden and their owners;
(g) Any information that we reasonably believe is necessary to allows us to provide our services and products that you may request; and
(h) If you are a minor, all the above information about your parents or guardians.
The choice to provide us with your personal information, either directly or through a third party, is always yours. However, your decision to withhold particular information may limit our ability to provide you with some of our products or services.
On occasion, you will be asked to update your consent to ensure that our files remain accurate and in order to comply with our legal obligations. You are encouraged to advise ESM of any changes to your personal information that may be relevant to the services provided to you.
5.2 How Your Information is Collected
We make reasonable efforts to ensure that those third parties that disclose your personal information to us have first obtained your consent. If you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.
Your personal information will only be used or disclosed in accordance with the purposes for which it was collected, unless you have otherwise consented or except where required or permitted by law.
5.3 Disclosure to Third Parties
We may disclose your personal information to third parties if required or permitted by law.
We may be legally required to disclose personal information pursuant to government requests, government audits, criminal investigations or government tax reporting requirements. In some instances, such as a legal proceeding or court order, we may also be required to disclose your personal information to authorities. We take precautions to satisfy ourselves that the authorities that are making the disclosure request have legitimate grounds to do so.
Your personal information may be disclosed in situations where we are legally permitted to do so, such as in the course of employing reasonable and legal methods to enforce your or our rights or to investigate suspicion of unlawful activities. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property and safety of ourselves and others.
5.4 Keeping Your Information Accurate
We make every reasonable effort to keep your personal information as accurate, complete and up-to-date as necessary. If desired, you may verify the accuracy and completeness of your personal information in our records.
Despite our best efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file, we will remedy any such errors on a timely basis. In the event that inaccurate information is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate.
6. Protecting Your Personal Information
We endeavour to safeguard your information through the employment of reasonable physical, technological, and administrative security measures. However, as you know, no method is 100% secure. Our security practices are reviewed on a regular basis and we strive to use measures that we reasonably believe will keep your personal information safe.
7. Addressing Your Inquiries and Concerns
Upon request, we will also inform you of: the type of personal information we have collected; how your personal information has been used; and any third parties to whom your personal information has been disclosed.
10. Governing Law
11. Personal Information Outside of Canada
ESM may perform activities outside of Canada through third parties. You acknowledge and agree that, as a result, your personal information may be processed, used, stored or accessed in other countries and may be subject to the laws of those countries. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.