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Dragons' Den - Shop the Dragons' Den

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

TERMS OF USE

This Website is owned and operated by Dragons Joint Venture Corp., ("Dragons JV").

ACCESS AND USE OF THIS WEBSITE IS PROVIDED BY DRAGONS JV TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE. BY ACCESSING OR USING THIS WEBSITE, YOU ARE UNCONDITIONALLY AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE DO NOT ACCESS OR USE THIS WEBSITE.

Dragons JV may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Website periodically. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

User Information & Privacy

In the course of using this Website, you may provide or we may collect personal information about you. We are committed to protecting the privacy of our customers' personal information and explain our policies with respect to the use and disclosure of such personal information in our Privacy Policy http://www.shopdragonsden.com/privacy.php provided within this Website.

Electronic Communications & Feedback

When you visit this Website or send an e-mail to us, you are communicating with us electronically. 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, and that we may communicate with you via e-mail or by posting notices on this Website.

Feel free to email us at CustomerService@ShopDragonsDen.com however, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. We are not liable for any damages related to communications to, or from, this Website.

Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner ("Feedback") is and will be considered, except when it constitutes personal information, non-confidential and non-proprietary. When you provide us Feedback, you are confirming to us that all such Feedback is truthful and disclosure of such Feedback does not violate the legal rights of others. We may use, disclose, distribute or copy your Feedback and may use any ideas, concepts or know-how contained in your Feedback for any purpose. However, please note that we are under no obligation to use, return, review, or respond to same.

Currency of Website

Dragons JV updates the information on this Website periodically. However, Dragons JV cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. Dragons JV may revise, supplement or delete information, services and/or the resources contained in this Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linking to or from this Website

This Website may provide links to third party Websites for your convenience only. The inclusion of these links does not imply that Dragons JV monitors or endorses these Websites. Dragons JV does not accept any responsibility for such Websites. Dragons JV shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of, or the reliance upon, any information, content, goods or services available on or through any third party Websites or linked resources.

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

Dragons JV shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this Website. Dragons JV recommends that you install appropriate anti-virus or other protective software.

Intellectual Property

All materials (including the organization and presentation of such material) on this Website (the "Materials") are the property of Dragons JV and its licensors and may be protected by Canadian and international intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

The Materials may only be used and copied for your own non-commercial, personal purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with Dragons JV, any other use of these Materials without Dragons JV's written permission is prohibited.

Everything you download from the website, including any Materials, remains the property of Dragons JV and its licensors. You cannot redistribute or sell the content of this website or reverse-engineer, disassemble, or otherwise convert it to any other form. For greater certainty, you may not reproduce or disseminate the product or services lists contained herein.

"Dragons Den" is a trade-mark of the Canadian Broadcast Corporation, used under license. "www.shopdragonsden.com" is a trade-mark of Dragons Joint Venture Corp. Nothing contained on this Website should be construed as granting you any license or right to use any trademark logo or design of the Dragons Joint Venture Corp., Canadian Broadcast Corporation or any third party, without the written permission of the respective owner of any such trade-mark.

© 2008 Dragons Joint Venture Corp., All rights reserved.

Website and Materials Provided "As Is"

THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DRAGONS JV DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL DRAGONS JV OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, DRAGONS JV'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY PART OR ALL OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ($25) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold Dragons JV, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable lawyer's fees, arising in any way from your use of the website, and/or your breach or violation of the law, these Terms of Use or any other party's rights, including intellectual property rights. Dragons JV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dragons JV's defense of such claim.

Applicable law

This Website is controlled, operated and administered by Dragons JV from within the Province of Alberta, Canada. This Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes arising hereunder, and which are not dealt with through arbitration in the manner described below, shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.

Disputes

If any controversy, dispute, claim, question or difference (a "Dispute") arises with respect to these Terms of Use, this website or its performance, enforcement, breach, termination or validity, the Parties shall use their best efforts to settle the Dispute. To this end, they shall consult and negotiate with each other, in good faith, to reach a just and equitable solution satisfactory to all Parties. If the Parties do not reach a solution to a Dispute within fifteen (15) business days following the first written notice of the Dispute by any Party to the other, then upon written notice by any Party to the other, the Dispute shall be finally settled by arbitration in accordance with the provisions of the Arbitration Act (Alberta). The arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the Parties, or in the event of failure to agree within ten (10) business days following delivery of the written notice to arbitrate, Dragons JV may apply to a judge of the Court of Queen's Bench of Alberta to appoint an arbitrator. The arbitration shall take place in Calgary, Alberta. The arbitration award shall be given in writing and shall be final and binding on the Parties, not subject to any appeal, and shall deal with the question of costs of arbitration and all related matters. Judgment upon any award may be entered in any Court having jurisdiction or application may be made to the Court for a judicial recognition of the award or an order of enforcement, as the case may be. All Disputes referred to arbitration shall be governed by the substantive law of Alberta. The Parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the Parties, their counsel and any Person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings relating to the arbitration or otherwise.

Questions or Concerns?

If you do not understand any of the foregoing Additional Terms and Conditions or if you have any questions or comments, we invite you to contact us at CustomerService@ShopDragonsDen.com or send your questions or comments to Dragons JV's c/o 411, 11th Avenue SE, Calgary, AB, T2G 0Y5.

General

Dragons JV's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandés que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.

PLEASE READ THESE ADDITIONAL TERMS AND CONDITIONS FOR THE PURCHASE OF PRODUCTS OR SERVICES FROM THIS WEBSITE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

ADDITIONAL TERMS AND CONDITIONS

YOUR PURCHASE OF PRODUCTS OR SERVCIES FROM THIS WEBSITE IS CONDITIONAL UPON YOUR ACCEPTANCE OF THESE ADDITIONAL TERMS AND CONDITIONS. BY OFFERING TO PURCHASE PRODUCTS OR SERVCIES FROM THIS WEBSITE, YOU ARE UNCONDITIONALLY AGREEING TO THESE ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE ADDITIONAL TERMS AND CONDITIONS YOU MAY NOT PURCHASE PRODUCTS OR SERVICES FROM THIS WEBSITE.

This Website is owned and operated by Dragons Joint Venture Corp., ("Dragons JV"), and access and use of this website is provided by Dragons JV to you on condition that you accept the applicable Terms of Use http://www.shopdragonsden.com/privacy.php provided within this Website.

Dragons JV may revise and update these Additional Terms and Conditions at anytime and without notice. You are cautioned to review these Additional Terms and Conditions posted on the Website periodically. Your purchase of any products or services after any such changes are posted will constitute your acceptance of these changes.

Products & Services

The features, specifications and prices of the products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. While we endeavour to ensure that the information on this Web Site is complete, accurate and current, products and services described on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, while we endeavour to accurately display the attributes of the products and services that we offer, including the applicable colors; the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time.

It is your responsibility to ascertain and obey all applicable provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product or service purchased from this Website. By placing an order, you represent that the products and services ordered will be used only in a lawful manner.

Your Order

Your order for any products or services available through this website constitutes and offer to purchase same, which offer may be accepted or rejected by Dragons JV by email.

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Shipping and Delivery

Dragons JV can ship to virtually any address in Canada, but is not able to ship outside of Canada at this time. Dragons JV will estimate shipping and delivery dates for you, based on the availability of your items and the shipping options you choose (generally, shipping costs are calculated based on ground shipment (7 to 10 day delivery) via Canada Post. Ownership title shall pass upon conclusion of the transaction and that Customer assumes risk of shipment / damage.

Return Policy

Within 30 days of delivery of your shipment, you may return any item in its original condition and unopened (still in its plastic wrap), for any reason, for a full refund by the manufacturer (The manufacturer will also refund the return shipping cost, if the return is a result of manufacturer's error). The manufacturer cannot accept the return of opened, undamaged items or items returned more than 30 days past delivery.

Dragons JV does not offer and warranty for defective or damaged products purchased on this site. The applicable manufacturer or supplier may offer a warranty for defective or damaged products or services. Included with Dragons JV's shipment will be the applicable manufacturer's or supplier's contact information along with instructions for returns or replacement and their contact numbers and email addresses. Please contact the applicable manufacturer or supplier directly to review your options for any defective or damaged products or services.

Calculating Taxes

The amount of tax charged depends on many factors, including the destination of the shipment and the type of item purchased. All items shipped to destinations in Canada are subject to Canadian Goods and Services Tax ("GST") at 5%. In addition, the following Provincial Sales Tax ("PST") or Harmonized Sales Tax ("HST") might apply, depending on the item and the destination of the shipment:

Ontario, Nova Scotia, New Brunswick, and Newfoundland: HST at 13% (including GST portion)

British Columbia: HST at 12%

Quebec: Quebec Sales Tax ("QST") at 7.5%

Manitoba: PST at 7%

If you purchase an item and have it shipped to a province other than the ones listed above, you might be required to self-assess PST and remit the amount in accordance with the applicable law of that province. Generally, tax is calculated on the total selling price of each individual item. In accordance with applicable tax laws, the total selling price of an item generally will include item-level shipping and handling charges. For the purpose of computing QST, the total selling price also includes any GST applicable to the total selling price. Note that many factors can change between the time you place an order and the time your order is shipped, which could affect the calculation of taxes. Therefore, the amount appearing on your order as "Estimated Tax" can differ from the taxes ultimately charged when your order ships.

PST-Exempt Customers/Resellers

If the goods you have ordered are being acquired by you as inventory or for purposes of resale, those goods can be exempt from certain provincial sales taxes. To take advantage of your tax-exempt status, place your order and fax Dragons JV your e-mail address, order number, and acceptable proof of your order's exempt status based on the province to which the items will be shipped.

Ontario: For items shipped to Ontario, you must provide Dragons JV with an Ontario PST Purchase Exemption Certificate.

Manitoba: For items shipped to Manitoba, you must provide Dragons JV with either a Manitoba PST Purchase Exemption Certificate or your Manitoba PST Vendor Registration Certificate Number.

British Columbia: For items shipped to British Columbia, you must provide Dragons JV with either a British Columbia PST Purchase Exemption Certificate or your British Columbia PST Vendor Registration Number.

Mark your fax "Attn ShopDragonsDen.com : PST-Exempt."

After Dragons JV receives the necessary information, Dragons JV will reverse the PST charged on your order. Please note that you must contact Dragons JV after placing each order to make sure the PST is reversed.

GST-Exempt Customers/Provincial Governments

If you are a provincial-government department, Crown Corporation, board, commission, or agency that is eligible to make purchases without paying GST, in order to take your tax-exempt status, you' will need to provide Dragons JV with the following information by fax after placing your order through Dragons JV 's website:

Your e-mail address and/or order number

Certification: This is to certify that the property and/or services ordered/purchased hereby are being purchased by (Name of Provincial/Territorial-Government Department or Institution) with Crown funds, and therefore are not subject to Goods and Services Tax. (Signature of Authorized Official)

Mark your fax "Attn ShopDragonsDen.com: GST-Exempt."

After Dragons JV receives the necessary information, Dragons JV will reverse the GST charged on your order. Please note that you must contact Dragons JV after placing each order, to make sure the GST is reversed.

Website and Materials Provided "As Is"

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE MANUFACTURER'S OR SUPPLIER'S WARRANTY, IF ANY, AND ARE OTHERWISE PROVIDED BY DRAGONS JV ON A STRICTLY "AS IS", "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DRAGONS JV HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DESIGN, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS POLICY SET OUT ABOVE.

Limitation of liability

IN NO EVENT SHALL DRAGONS JV OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, DRAGONS JV'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE ADDITIONAL TERMS AND CONDITIONS OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THIS WEBSITE SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR SUCH PRODUCTS OR SERVICES.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Applicable law

The validity, interpretation, construction and performance of these Additional Terms and Conditions shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). Any and all products or services purchased on or through this Website shall be deemed to be provided from Alberta, Canada and this contract to be, in all respects, an Alberta contract.

You agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this contract and that in no event shall this contract be governed by the conflict of laws rules of any jurisdiction.

You also agree that any claims or disputes arising hereunder, and which are not dealt with through arbitration in the manner described below, shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.

Disputes

If any controversy, dispute, claim, question or difference (a "Dispute") arises with respect to these Additional Terms and Conditions, any products or services purchased on or through this Website, or the performance, enforcement, breach, termination or validity thereof, the Parties shall use their best efforts to settle the Dispute. To this end, they shall consult and negotiate with each other, in good faith, to reach a just and equitable solution satisfactory to all Parties. If the Parties do not reach a solution to a Dispute within fifteen (15) business days following the first written notice of the Dispute by any Party to the other, then upon written notice by any Party to the other, the Dispute shall be finally settled by arbitration in accordance with the provisions of the Arbitration Act (Alberta). The arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the Parties, or in the event of failure to agree within ten (10) business days following delivery of the written notice to arbitrate, Dragons JV may apply to a judge of the Court of Queen's Bench of Alberta to appoint an arbitrator. The arbitration shall take place in Calgary, Alberta. The arbitration award shall be given in writing and shall be final and binding on the Parties, not subject to any appeal, and shall deal with the question of costs of arbitration and all related matters. Judgment upon any award may be entered in any Court having jurisdiction or application may be made to the Court for a judicial recognition of the award or an order of enforcement, as the case may be. All Disputes referred to arbitration shall be governed by the substantive law of Alberta. The Parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the Parties, their counsel and any Person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings relating to the arbitration or otherwise.

Questions or Concerns?

If you do not understand any of these Additional Terms and Conditions or if you have any questions or comments, we invite you to contact us at CustomerService@ShopDragonsDen.com or send your questions or comments to Dragons JV's c/o 411, 11th Avenue SE, Calgary, AB, T2G 0Y5.

General

Dragons JV's failure to insist upon or enforce strict performance of any provision of these Additional Terms and Conditions shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Additional Terms and Conditions is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Additional Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandés que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.

www.cbc.ca/dragonsden