Terms of Service

AARDVARK BOOK CLUB INC. (“AARDVARK”) TERMS OF SERVICE 

(“Terms”) 

Last modified: July 25, 2022 

OVERVIEW 

Please read these Terms carefully as they constitute a legally binding agreement between the  customer (“you” or “your”) and Aardvark (“Aardvark”, “we”, “us” or “our”). These Terms  govern your access to our mobile application, Aardvark Book Club, accessible by free download  on the Apple App Store and the Google Play store (the “App”), and our website hosted at  https://aardvark1.wpengine.com/ and other domains and sub-domains, and if applicable, our  subscription service (collectively, the “Web App”). 

In consideration for permitting your access to the App and/or the Web App, you agree as  follows: (i) you are of the age of majority in your province or state; (ii) you have read and  understand these Terms and agree to be bound by them; and (iii) you have given us your consent  to allow any of your minor dependents to use the App or the Web App. 

If you are using the App and/or the Web App on behalf of, or in the employ of, an organization  (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and  representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, “you” and “your” will also refer to that organization and yourself individually.  Both you as an individual and your organization are legally bound by these Terms which form an  agreement with us. 

By accessing, browsing, and using the App and/or the Web App, you indicate that you have read  and accept these Terms. If you do not accept these Terms, then you may not access or use the  App, the Web App or Aardvark’s services or any of our content or services. 

ACCOUNT TERMS 

Creating an Account 

You can browse the public facing sections of the App and the Web App without creating an  account or providing us with any personal information. However, to subscribe to Aardvark and  become a member, you will be required to set up an account on the App or the Web App. 

You can use your account to make modifications to your subscription such as changing your  payment information and shipping addresses or even cancelling your subscription. You agree to  provide us with accurate, complete, and updated account information. Any failure to comply  with this provision may result in the termination or suspension of your account. 

Account Not Transferrable 

Access to your account is not transferrable and is only intended for you, the individual who  created the account. 

Account Security 

Upon setting up an account, you will be required to create a username and password. You are  responsible for safeguarding the password you use to access the App and/or the Web App and  you agree not to disclose your password to any third-party. 

You agree to use a unique password for your account which you do not use for any other online  service. As we (or our third-party providers) may send password reset notices and links to your  email account registered on the App or the Web App (i) you are responsible for ensuring that  your email address is accurate; and (ii) you represent and warrant to us, and agree that you will  ensure, you are the sole person, at all times, with access to the email account registered in  connection with your account. 

You agree you are responsible for any activity on your account and all correspondence provided  to us from any email address used to register your account, whether or not you authorized that  activity or correspondence. You agree that we are, in respect of any instructions or actions taken  by a person using your account, entitled to assume that the person is you; the person whose name  and personal information is registered and associated with the account. 

You must immediately notify us of any unauthorized use of your account. Policy for Use by Children 

The App and the Web App are not intended for the use of children under the age of 18. We do  not knowingly solicit information from or market to children under the age of 18. If you become  aware of any data we have collected from children under the age of 18, please contact us at  info@aardvarkbookclub.com.

Changes to Account Personal Information 

You must inform us of any changes to your contact details and other information provided to us,  including your email and shipping address for subscriptions and orders. 

Acceptable Use 

In using the App, the Web App and your account, you agree, and you represent and warrant to us  that you: 

  • Will not use the App and/or the Web App in a way that has any unlawful or fraudulent  purpose or effect; 
  • Will not endeavor to reproduce, duplicate, copy, sell, resell or exploit any portion of the  App and/or the Web App, our products or our subscription service for commercial  purposes without our express written permission; 
  • Will comply with all applicable laws, rules and regulations; 
  • Will not upload, copy, distribute, share or otherwise use or generate data or content that is  unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, sexual in  nature, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a  criminal offence or give rise to civil liability or damages; 
  • Will not upload, transmit, disseminate, post, share, store, use any content, data or  information, perform any services or do anything that infringes on, or contributes to any  infringement of, any intellectual property rights; including copyright, trademark, patent  or trade secret rights, whether of ours or any third-party; 
  • Will not use or disclose personally identifiable information belonging to others except (i)  with their consent; and (ii) in accordance with applicable privacy laws, rules and  regulations; 
  • Will not disclose your password or transfer your account to any third-party, or allow any  third-party to access your account; 
  • Will not impersonate any person or entity; 
  • Will not collect, harvest or store any personally identifiable information, including user  account information, from us; and 
  • Will not circumvent, disable, violate or otherwise interfere with any security related feature of the App and/or the Web App. 

We may, but have no obligation to, remove accounts from the App and the Web App that we  determine, in our sole and absolute discretion, to have, or which may reasonably appear to have,  violated these Terms. 

We reserve the right to refuse service, not accept orders, deny account access, pause or cancel  your subscriptions without reason, justification or cause, at any time. 

We reserve the right, at any time, to modify or discontinue our products and subscriptions  without notice at any time.

We reserve the right to limit the sales of our products and subscriptions to any person,  geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We further  reserve the right to limit the quantities of any products that we offer. 

We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per  household or per order. These restrictions may include orders placed by or under the same  customer account, the same credit card and/or orders that use the same billing and/or shipping  address. In the event that we make a change to or cancel an order, we may attempt to notify you  by contacting the e-mail and/or billing address/phone number provided at the time the order was  made. We reserve the right to limit or prohibit orders that, in our sole and absolute judgment,  appear to be placed by dealers, resellers, distributors, or that have been flagged in our system as  potentially fraudulent. 

Account Termination 

After cancelling any outstanding subscriptions, in accordance with our Cancellation Policy  section below, you may terminate your account with us at any time. To do so, please follow the  links to your account settings on the App or the Web App. 

We reserve the right to suspend your account or access to the App and the Web App at any time,  with or without cause, and with or without notice. The cancellation, suspension or termination of  your access to the App and the Web App, or your account, shall not terminate these Terms.  While you may elect, upon notice to us, to terminate these Terms after cancelling your account,  any provision of these Terms concerning the limitation of liability, your indemnification  obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding. 

Discontinuance of Emails and Communications 

Our email correspondence is sent to the email registered in your account using the email  automation platform Mailchimp. If you no longer wish to receive emails from us, you may opt out by clicking the ‘Unsubscribe’ button at the bottom of any email sent to you from us, and by  following the links for unsubscribing as set out by Mailchimp. 

If you no longer wish to receive correspondence, emails, or other communications from third parties as a result of your use of the App or the Web App, you are responsible for contacting the  third-party directly. 

SUBSCRIPTION AND PRODUCT TERMS 

Prices 

Where prices for subscriptions and products are listed on the App and the Web App, they are  subject to change without notice. Even in the event of the automated processing of your order on  the App or the Web App, you agree that we will have the opportunity to review and accept or  cancel such orders. All orders are also subject to availability. Products displayed on the App and the Web App may have limited quantities. A waitlist may apply to purchase and be in receipt of  a shipped product. 

Additional terms, including but not limited to, price, tax, account access and payment may be  specified on the App and the Web App. Those terms, as amended from time to time, are  incorporated by reference. If any information or terms posted to the App and/or the Web App concerning price, tax, discounts, refunds or cancellations are posted in error, we reserve the right  to amend those terms. We also reserve the right to: 

  • Remove any products from the App and the Web App; 
  • Correct any error, inaccuracy or omission at any time without prior notice or liability to  you or any other person; 
  • Change, at any time, the prices, fees, taxes, charges and specifications, any promotional  offers and any other content without any notice or liability to you or any other person; and 
  • Reject, correct, cancel or terminate any order, including accepted orders for any reason. 

You agree that where (i) you are a subscriber; and (ii) we elect to change the prices for our  subscriptions, we will give you a minimum of 10 days’ notice to elect to cancel your subscription  prior to the change taking effect. 

Subscription Orders 

Our subscriptions are pre-paid. The purchase of a subscription on the App or the Web App constitutes your agreement to receive (or to have a designated third-party receive) shipments of  products. Every month members can select one book, and purchase up to two extra books for  additional costs for each extra book. 

Subscription Duration 

The subscription term is month-to-month. You will pay for your first month’s order at the time  of purchase. 

Auto-renewal 

For each month subsequent to your first month’s order, and if you have not cancelled your  subscription in accordance with the terms in the Cancellation Policy section, your subscription  will auto-renew (I.E. your payment method will be charged) on the first day of the subsequent  month. 

As a subscriber, you authorize us (without notice to you, unless required by applicable law) to  charge monthly renewal plus applicable taxes in accordance with the Prices section. From time  to time, we may change the price associated with the monthly renewal; in such a case, you will  be notified ahead of time and your membership will renew at the then-prevailing price.

Products 

Aardvark conducts research of appropriate literary works for its subscription services and  accordingly selects new works each month. These works are then made available for subscribers  to select from. 

We are focused on providing a mix of genres in our selection, including contemporary fiction,  literary fiction, thriller, mystery, romance, non-fiction, historical fiction, and sci-fi works. You  agree that we possess full authority in the selection process for such products provided to  subscribers. 

Every month subscribers can select one book and purchase up to two extra books. The first book  must be from the pool of books selected by Aardvark for that month, whereas the extra book(s)  may be chosen from any month in which Aardvark had previously selected works for its  subscribers. 

Our products are provided to subscribers in physical, hard-cover form. 

Products for Personal Use Only 

All products purchased through the App and/or the Web App are intended for personal use only  and not for resale or any other commercial purpose. We reserve the right to cancel the account  and/or the subscription of any member suspected of violating this requirement and may limit the  number of products that may be ordered on any account. 

Subscription Credit 

As a subscriber, if you (i) forget to make a selection of a book in any given month, or (ii) if none  of the books in that month’s picks appeal to you, our Web App and App retain the credit in your  account for future redemption. If granted a credit, your credit for (i) and/or (ii) for that month  will carry over to the following month and accumulate to an unlimited amount in your account  until you redeem your credits, or you cancel your subscription and/or terminate your account in  accordance with these Terms. You agree that, should you cancel your subscription and/or  terminate your account, you thereby forfeit your right to redeem any outstanding credits accumulated while subscribed to Aardvark. 

Marketing Program 

Aardvark operates a marketing program that, from time to time, recognizes and rewards certain  social media content creators with credits for our products in exchange for those creators’ marketing of our subscription services and products on their social media channel(s).  

The individual(s) selected for this marketing program, and the amount of credits for our products  awarded to the individual(s), shall be decided upon in our sole and absolute discretion. The  credits awarded as part of the marketing program will accumulate until redeemed by the  individual(s) selected for the marketing program.

You agree that your selection to the marketing program does not constitute, and shall not form, a  binding contractual arrangement between you and Aardvark, and that Aardvark maintains sole  and absolute discretion relating to the terms of this marketing program and the accompanying  credits awarded. 

Currency 

All prices on the App and the Web App and marketing materials specify the currency of each  subscription and product, which shall either be in Canadian Dollars or U.S. Dollars. 

Taxes 

You agree to pay all sales taxes, whether Canadian or U.S., applicable to these Terms or arising  in any way from the purchase of subscriptions or products from us. Sales tax will be determined  by the shipping address of the order and will automatically be added to your order in accordance  with the current tax rate at the time of the charge. 

Payment 

We use a third-party payment processor to process payments made by you on the App and the  Web App. Our third-party payment processor is Stripe. Although we may display or link to their  forms on the App or the Web App, when you provide your payment details on the App or the  Web App, you are providing them to Stripe. 

We may have access to view portions of your payment information via the third-party payment  processor. We store only very limited, if any, financial information that we collect. Otherwise,  all financial information is stored by our payment processor, Stripe. You acknowledge that Stripe  may have their own terms and conditions that apply to you. If you have any questions concerning  our third-party payment providers, please contact us at info@aardvarkbookclub.com. 

We will charge all fees for products and subscriptions to the credit card associated with your  order or your account. You agree to provide current, complete and accurate purchase and account  information for all purchases. You agree to promptly update your account and other information,  including your email address and credit card information and expiration dates, so that we can  complete your transactions and contact you as needed. For subscriptions, any updates to your  account (i.e. shipping, billing and address information) must be made prior to the first (1st) day  of each calendar month for the updated details to apply to the subsequent month.  

If the credit card information you provide is incorrect or incomplete, or we are otherwise unable  to process your payment, we will make 5 attempts in the 5 days following the initial failed  payment to complete the transaction. If your payment has not been processed at that time, we will  contact you and inform you of the recurring problem. 

Failure to provide accurate and complete shipping and billing information may result in the delay  or cancellation of your order or a particular delivery.

Shipping 

We will send you emails notifying you when your products have shipped as well as tracking  information (when available) relating to the status of your shipment. If shipment of your order is  delayed, we will notify you via email. 

Aardvark does not charge its customers for shipping costs, save for any taxes or customs-duties  on your imported products as a result of an international order, as outlined in the above  International Customers section. 

Cancellation Policy 

You can cancel your subscription at any time, from within your account on the App or the Web  App. Once your subscription is cancelled, you will continue to receive any outstanding products  as part of your subscription for that month (i.e., products that you have already paid for), but  your subscription will no longer auto-renew at the end of that month in which you have cancelled 

your subscription. 

You agree that, should you cancel your subscription and/or terminate your account, you thereby  forfeit your right to redeem any outstanding book credits accumulated while subscribed to  Aardvark. 

Please note that cancelling a subscription does not prevent the shipment of products associated  with the subscription, nor does it actuate a refund for the subscription. Concerns regarding any  aspect of the cancellation policy should be directed to info@aardvarkbookclub.com. 

Return Policy 

If you receive a damaged product or your order is missing items, please contact us at  info@aardvarkbookclub.com with details of the damaged or missing items. We may, in our sole  and absolute discretion, decide to replace your damaged or missing items. However,  photographic evidence of the damage, or condition of the products at the time it was received by  you, will be required. Please take photos and email them to us at the aforementioned email  address as soon as possible. 

MISCELLANEOUS TERMS 

Amendments 

These Terms are subject to change by Aardvark in our sole and absolute discretion at any time to  the fullest extent permitted by applicable law. When changes are made, we will make a new copy  of these Terms by updating this page or the page hosting the relevant policy. If we make any  material changes, and you have registered with Aardvark to create an account, we may also send  an e-mail to you at the last e-mail address provided to Aardvark pursuant to these Terms. Any  changes to these Terms will be effective immediately after posting notice of such changes on the  App and the Web App.

Accuracy 

While we use reasonable efforts to include accurate and up-to-date information on the App and  the Web App, we make no representations or warranties as to its accuracy, nor do we assume any  liability or responsibility for any errors in the content of the App and/or the Web App. 

Privacy Policy 

We use personal information you provide us in accordance with our Privacy Policy, which is  incorporated by reference and available on the App and on the Web App at  https://aardvark1.wpengine.com/privacy-policy/. By using the App and/or the Web App, you  consent to such processing and you represent to us that all information provided by you is  accurate. 

Security 

We maintain physical, electronic, and procedural safeguards that meet or exceed industry  standards that guard your non-public personal information. We protect your account information  by placing it on a secure portion of the App and the Web App, using firewalls and other security  technology to protect our network and systems from external attacks, and requiring you to enter a  unique username and password to access your account information online. 

While we have taken reasonable steps to secure the personal information you provide to us,  please be aware that despite our efforts, no security measures are perfect or impenetrable, and no  method of data transmission can be guaranteed against any interception or other type of misuse.  Any information disclosed online is vulnerable to interception and misuse by unauthorized  parties. Therefore, we cannot guarantee complete security if you provide personal information. 

The App and the Web App will block access to and/or remove any material that it believes in  good faith to be copyrighted material that has been illegally copied and submitted to the App or  the Web App. This shall cover all aspects of the App and the Web App, including but not limited  to author chats, images, graphics, book reviews, and all member generated content posted on any  portion of the App or the Web App. 

Acceptance of Risk and Disclaimers 

Everything on the App and the Web App and in our marketing materials (including our social  media accounts) and all products and subscriptions available for order, are provided “as is” without warranty of any kind, including all implied warranties and conditions of merchantability  and fitness for a particular purpose, durability, title and non-infringement. We hereby disclaim  all warranties and conditions of any kind, whether express, implied or statutory. 

You agree that we are not responsible or liable to you if information made available on the App  and/or the Web App is not accurate, complete or current. The material on the App and the Web  App is provided for general information only and should not be relied upon or used as the sole  basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the App and/or the Web App is at  your own risk. 

We do not warrant that the quality of any products, services, information, or other material  purchased or obtained by you will meet your expectations, or that any errors on the App and/or  the Web App will be corrected. 

You agree that, while we strive to have the App and the Web App and our subscription services  error free and uninterrupted, we do not guarantee the absence of errors or interruptions. You  agree that we shall not be held liable for any damage such errors or interruptions may cause. We  make no representations and grant no warranties as to the uptime of the App and/or the Web App or the ongoing availability of our subscriptions or products. 

We may also perform scheduled maintenance which will result in the App and/or the Web App being unavailable for certain periods of time. 

We may provide you with access to third-party tools, widgets or functionality on or in  connection with the App and/or the Web App over which we neither monitor nor have any  control nor input. You acknowledge and agree that we provide access to such tools “as is” and  “as available” without any warranties, representations or conditions of any kind and without any  endorsement. You agree that we shall have no liability whatsoever arising from or relating to  your use of optional third-party tools or software. Any use by you of optional tools or software  offered through the App and/or the Web App is entirely at your own risk and discretion and you  should ensure that you are familiar with and approve of the terms on which tools are provided by  the relevant third-party provider(s). 

Limitation of Liability 

ASIDE FROM CLAIMS FOR DIRECT AMOUNTS OWING TO YOU AS A RESULT OF AN  OVERPAYMENT OR INCORRECT CHARGE, YOU AGREE THAT, TO THE FULLEST  EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS,  DIRECTORS, SHAREHOLDERS, SUPPLIERS, LICENSORS, AGENTS, CONTRACTORS  OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL,  INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY  KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST  SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES,  HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE,  REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN  WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE  DAMAGES WERE FORESEEABLE OR NOT. 

IF YOU ARE DISSATISFIED WITH THE APP AND/OR THE WEB APP, OUR PRODUCTS  OR OUR SUBSCRIPTION SERVICES, OR DO NOT AGREE WITH ANY PART OF THESE  TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR  OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, AGENTS, LICENSORS, CONTRACTORS OR EMPLOYEES, THEN YOUR REMEDY IS TO DISCONTINUE  ACCESSING AND USING THE APP AND THE WEB APP AND CANCELING ANY  OUTSTANDING SUBSCRIPTIONS WITH AARDVARK. 

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND  PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR  DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES  SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR  IN ANY WAY ARISING FROM THE USE OF THE AARDVARK PLATFORM, OR IN ANY  WAY RELATED TO THESE TERMS, BE MORE THAN THE LESSER OF (I) USD $50.00  OR CAD $50.00, DEPENDING ON THE SHIPPING ADDRESS OF THE ORDER OR; (II)  THE AMOUNTS YOU HAVE PAID TO US IN CONNECTION WITH YOUR LAST ORDER  ON THE APP OR THE WEB APP. 

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO AGREEMENT WITH THESE TERMS OR GRANT ACCESS TO THE APP OR THE  WEB APP, PRODUCTS OR OUR SUBSCRIPTIONS WITHOUT THESE  RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY. 

Indemnification 

You agree to indemnify us, our employees, shareholders, contractors, agents, directors and  officers, and to defend and hold each of them harmless, from any and all claims and liabilities  (including reasonable legal fees) which may arise from (i) your violation of these Terms or any  policy incorporated by reference; (ii) your violation of any third-party right; (iii) any breach of a  representation or warranty made by you to us, either in these Terms, the Privacy Policy or  otherwise; (iv) any claim for damages suffered by another user of the App or the Web App which you caused or contributed to; and (v) any claim, fees or penalties imposed on us arising  from or related to your failure to pay any customs, duties, fees, taxes or other applicable charges. 

Proprietary Rights 

The App and the Web App contain open source and public domain content, licenced content as  well as proprietary content owned by us and by third-parties. You are not permitted to copy, use  or distribute any content (including but not limited to text, software code, images, trademarks,  videos and audio) on the App and/or the Web App or in our marketing and social media  materials without the express consent of the owner. 

All rights, title and interest in and to the App and the Web App are and will remain the exclusive  property of Aardvark and our licensors. 

The App and the Web App and all content thereon are protected by copyright, trademark and  other laws of Canada and the U.S. You agree not to reproduce, modify or prepare derivative  works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the  App and/or the Web App or any content thereon or which comprises our products, without our express written consent. You are not permitted to use any trademark or trade name of Aardvark,  including our logo, without our express permission. 

You are hereby advised that Aardvark will aggressively enforce its intellectual property rights to  the fullest extent of the law, including the seeking of criminal prosecution. 

Your Content 

The App and/or the Web App may permit you and other users the ability to upload and post  content (“User Content”). You own your User Content. While it may be displayed publicly on  the App and/or the Web App, you can delete your User Content at any time. In order to permit us  to display your User Content on the App and/or the Web App, you hereby grant us a non 

exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User  Content that you post or upload in order to facilitate the ordinary use of the App and/or the Web  App. 

We do not consider proposals or ideas, including without limitation ideas for new products,  technologies, promotions, product feedback and product improvements you provide us  (“Feedback”) to be confidential information. If you send any Feedback to us, you acknowledge  and agree that we shall not be under any obligation of confidentiality with respect to the  Feedback and nothing in these Terms limits or restricts our right to independently use, develop,  evaluate, or market products or services, whether incorporating the Feedback or otherwise. 

Copyright Notice 

If you believe that your copyrighted work has been copied in a way that constitutes copyright  infringement and is accessible on the App and/or the Web App, please notify us at  info@aardvarkbookclub.com. 

Linked Sites 

Whether or not we are affiliated with Web Apps or third-party vendors that may be linked to or  from the App and/or the Web App as noted in the Privacy Policy, marketing materials or social  media accounts, you agree that we are not responsible for their content. Internet links found on  the App and/or the Web App, in our marketing materials or social media accounts, whether  posted by us or a third-party, are not an endorsement and we do not represent or warrant the  accuracy or truth of the contents, or endorse the products, services or information found on said 

website. You access those links and corresponding websites at your own risk. Law of the Contract (Governing Law) and Jurisdiction 

These Terms, all documents incorporated by reference and your relationship with us shall be  governed by, construed and enforced in accordance with the laws of the Province of Ontario,  Canada (and any Canadian federal laws applicable therein) as it is applied to agreements entered  into and to be performed entirely within such province.

You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the  courts and tribunals of the Province of Ontario (including the Federal courts and tribunals as  applicable therein) to settle any disputes arising out of or in any way related to these Terms, all  documents incorporated by reference and your relationship with us. 

Severability 

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable,  then that provision shall be deemed severable from these Terms and shall not affect the validity  and enforceability of any remaining provisions. 

No Interpretation Against Drafter 

If any ambiguity or question of intent arises with respect to any provision of these Terms, the  Terms shall be construed as if drafted jointly by the parties and no presumption or burden of  proof will arise favouring or disfavouring either party by virtue of authorship of any of the  provisions of these Terms. 

Waiver of Class Proceedings and Trial by Jury 

To the extent permitted by law, you hereby waive your right to participate in any class action  lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.  To the extent permitted by law, you further waive any right to a trial by jury, should such a right  exist, in relation to any legal dispute connected to or in any way arising out of these Terms. 

Incorporation by Reference 

All policies referred to in these Terms or anywhere on the App and/or the Web App are hereby  incorporated by reference, including but not limited to our Privacy Policy. 

Assignment of these Terms 

These Terms shall enure to the benefit of and is binding upon the parties and their respective  successors and permitted assigns. You agree that we may assign these Terms to any successor or  assignee, whether pursuant to the purchase of the App and/or the Web App by a third-party, the  transfer of control of Aardvark or otherwise. 

Right to Seek Injunction 

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be  entitled to seek extraordinary relief including, but not limited to, temporary restraining orders,  preliminary injunctions and permanent injunctions without the necessity of posting a bond or  other security, in addition to and without prejudice to any other rights or remedies that we may  have for a breach of these Terms.

Waiver 

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such  right or provision. 

New Features 

Any new features that augment or enhance the current App or the current Web App or our  various products or subscriptions, including the release of new versions, new products or  services, tools and resources, shall be subject to these Terms. 

Entire Agreement 

This is the entire agreement between the parties relating to the matters contained herein and shall  not be modified except (i) by publication of a subsequent version of these Terms; or (ii) in  writing, in an addendum or other agreement, signed by a duly authorized representative of Aardvark. 

Contact Information 

Questions about these Terms should be sent to us at info@aardvarkbookclub.com. You can also  write to us via postal mail at the following address: 

Aardvark Book Club Inc. 

318 Richmond Street West 

Toronto, Ontario, Canada, M5V0B4