Additional Contract Terms
Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Gap Canada and its affiliates and each of their respective officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Programs and/or your breach of any representation, warranty, condition or other provision of the Agreement.
Choice of Law and Jurisdiction
To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Gap Canada's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Programs.
Gap Canada may assign its rights and obligations under the Agreement. The Agreement will inure to the benefit of Gap Canada’s successors, assigns and licensees.
These terms are effective unless and until terminated by either you or Gap Inc. Gap Canada also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Programs, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes
Changes to Terms
These terms and conditions are subject to change at any time without notice.