Priceless Toronto Terms & Conditions

Introduction

Welcome to the Priceless Toronto web site. The Priceless Toronto web site (the "Site") is a promotional program bringing Toronto experiences, offers, and content to MasterCard cardholders by MasterCard International Incorporated ("MasterCard"). THE SITE IS NOT INTENDED TO BE USED OR ACCESSED BY RESIDENTS OF QUEBEC. The Site provides you with access to a Priceless World of experiences, promotional offers, card benefits and relevant content. Please read these terms of use carefully before registering on the Site or using Site, and keep them for your records. By accessing this Site, you agree to these terms of use and any additional terms and conditions that may be published by MasterCard on the Site, as may be amended from time to time (collectively referred to as the "Terms of Use"). The Terms of Use set forth the terms applicable to your use of the Site. BY USING THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU HAVE ANY QUESTIONS ON THE TERMS OF USE, YOU SHOULD CONSULT WITH LEGAL COUNSEL BEFORE USING THIS SITE. If you do not agree to the Terms of Use, do not access the Site or use the Site. In these Terms of Use, the words "you" and "your" mean the person who has accessed the Site, as defined below, and/or has registered for participation in the Program. The words "we," "us" and "our" mean MasterCard. "Site" means www.mastercard.ca/pricelesstoronto or such other web site as we may establish for the Priceless Toronto program (the "Program").

Content

The Site

The Site is intended to be a benefit for Canadian MasterCard cardholders (excluding residents of Quebec). We are bringing to you a Priceless "World" of adventures, offers, experiences and other benefits. Benefits of the Site include one of a kind offers and experiences. Email reminders can be set to keep you up to date on the newest offers and experiences. Certain Offers (defined below) will be exclusive to World or World Elite cardholders only. For exclusive offers for World or World Elite cardholders, you must link to an eligible World or World Elite MasterCard that was issued in your name and for which you have payment responsibility in the Program. MasterCard reserves the right, in its sole discretion, to verify World or World Elite MasterCard status at any time. Your World or World Elite MasterCard can be identified on the front or back of your card. For the purposes of this Program, the following conditions apply to your use of the Site: (i) your World or World Elite MasterCard card or your MasterCard card is in good standing; (ii) you must have reached the age of majority in your province/territory of residence; and (iii) all authorization, settlement and clearance ("Switching") is completed through the MasterCard Global Clearance and Processing System. If you have any questions or issues about whether a MasterCard card can be used on this Site in relation to the Program, please contact Customer Service as listed below.

By consenting to the Terms of Use, you agree that: (i) you represent only yourself here and no other person; (ii) you will provide accurate information to MasterCard, including, but not limited to, information required to register for the Program; (iii) you will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by MasterCard or obtained through the Site without obtaining the express, prior written consent of MasterCard (note: this restriction includes any attempt to incorporate any information from the Site into any other directory, product, or service); (iv) you will provide for your own access to use the Site, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges; (vi) you will not use the Site in any manner that adversely affects the availability of its resources to or enjoyment by other users or in any manner that could damage, disable, overburden, or impair MasterCard's or any service provider's servers or networks; and (vii) you will not use the Site or any purpose that is unlawful or prohibited by the Terms of Use (all as determined by MasterCard in its sole discretion).

You are entirely responsible for maintaining the security and confidentiality of your account, user name and password, and you are responsible for all activities and conduct by you or anyone else that are conducted through your account. You agree to notify MasterCard immediately of any unauthorized use of your account or any other breach of security. MasterCard or agents will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge; however, you may be held liable for any losses incurred by MasterCard or another party due to someone else using your account or password.

Right to Use Site Content

We are granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else's use and enjoyment of the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or any of its Content therein so long as the link does not portray MasterCard, or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your site, page or content by MasterCard.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by MasterCard.

MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Changes to the MasterCard Site, the Program and Terms of Use

MasterCard reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including these Terms of Use, or discontinue the Program or Site at any time without notice to you. MasterCard may at any time revise these Terms of Use by updating this posting. You are responsible for regularly reviewing the Terms of Use. Any changes or revisions are effective immediately upon posting. Continued use of the Program or accessing the Site following any such changes constitutes your acceptance of such changes. MasterCard reserves the right to charge fees at any time for access to all or portions of the Program with your advance acknowledgement of the charge.

Termination

MasterCard may terminate your registration or restrict your access to the Site for any reason at any time.

Purchases

Once you use your MasterCard card in the Program, MasterCard's service provider may need to validate your MasterCard card in order to ensure you can receive applicable Program benefits and for this validation a pre-authorization fee in the amount of $1.00 (CAD) will appear on your card statement. Once validation by the service provider is received, usually within 2-7 days, this pre-authorization fee will be removed from your statement. Your MasterCard card will not be charged for this pre-authorization fee.

You may purchase Offers, as defined below, through the Program or through a merchant's Site. All purchases are subject to Offer availability, but for purchases made through the Program we only charge your MasterCard card if the Offer or experience is available. All Offers purchased through the Site are exclusive of applicable taxes. MasterCard reserves the right to modify the price of any and all Offers at any time.

By purchasing any Offers or any other products or services offered via the Program, you acknowledge and agree that your MasterCard card is being charged by the payment process of MasterCard's service provider, the operator of such product or service or such operator's service provider.

Returns/cancellations/exchanges

Each Offer will contain a description of such Offer's return, cancellation or exchange terms and conditions. You are responsible understanding this information prior to purchase. Your confirmation email once you have purchased an Offer will also set forth the return, cancellation and exchange terms and conditions of such Offer. In the event the Offer does not contain such information such Offer should be considered non cancellable, not subject to returns, or exchanges and your purchase is non-refundable.

Intellectual Property Rights

The Site Content is protected by applicable intellectual property laws and all Content is owned by MasterCard or used by MasterCard under a license or with permission. All text, formatting (including, without limitation, the selection, coordination and arrangement of materials on the Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trade-marks, service marks, trade names, and logos, and other materials and information on this Site (collectively "Content") are subject to the intellectual property rights of MasterCard, its subsidiaries and affiliates, and their respective licensors and licensees. The Content may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any MasterCard trade-mark, intellectual property right or copyrighted material without MasterCard's prior written permission. The trade-marks, logos, trade names and service marks, whether registered or unregistered (collectively the "Trade-marks") displayed on the Site are Trade-marks of MasterCard and its third party alliance partners. Nothing contained on the MasterCard Site should be construed as granting by implication or otherwise, any license or right to use any Trade-mark displayed on the MasterCard Site without the written permission of MasterCard or such third party that may own the Trade-mark.

Any unauthorized commercial use of the Content or Trade-marks will violate MasterCard's intellectual property rights and will be subject to MasterCard's full legal rights and remedies.

In operating the Site, MasterCard may act as a "services provider" and offer services as online provider of materials and links to third party web sites. As a result, third party materials that MasterCard does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. MasterCard has in place certain procedures regarding allegations of copyright infringement occurring on the Site and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of MasterCard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms of Use. If you believe any material available through the Site infringes a copyright, you should notify MasterCard using the notice procedure for claimed infringement (as set out below). MasterCard will respond expeditiously to remove or disable access to the material claimed to be infringing and will use its best efforts to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices to: Copyright Agent, 2 Bloor Street West, Toronto, ON, M4W 3E2, Attn: Law Department or to copyrightagent@mastercard.com.

Please provide the following notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Site that you claim is infringing, with enough detail so that MasterCard may locate it on the Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring that: (a) the above information in your notice is accurate; and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature

MasterCard may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of the courts of the Province of Ontario in the City of Toronto, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Interactive Forums and Groups and Feedback

User Submissions and Conduct

As a user of the Site you may be permitted to submit your comments or other materials, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the Site (collectively referred to as "User Submissions"). You will be solely responsible for your own User Submissions and the consequences of posting or publishing any such content. In connection with your User Submission(s), you affirm, represent, and/or warrant that any User Submission (and each individual component thereof) that you submit is your original work and that you own, or have the necessary licenses, rights, consents and permissions to use and authorize MasterCard to use, any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without notice or compensation, and further that you have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use. Further, you agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant MasterCard all of the license rights granted herein. Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission.

Further, you hereby agree that you shall not use the Site to upload, post, communicate or otherwise submit or transmit through, or to, the Site any User Submission that:

may, in the sole and absolute discretion of MasterCard, degrade, tarnish or deprecate the MasterCard brand and/or the public image or standing in the community of MasterCard;
is deemed, in the sole and absolute discretion of MasterCard, to be defamatory, trade libelous, pornographic or obscene;
is deemed, in the sole and absolute discretion of MasterCard, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; commercial messages, comparisons or solicitations for products or services other than products of MasterCard; any identifiable third party products, trade-marks, brands and/or logos, other than those of MasterCard (e.g. any materials appearing in your User Submission must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained - note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by MasterCard in its sole and absolute discretion;
contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Submission, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc…) unless you have first obtained consent from the owner of such materials.

You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and MasterCard regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials

Ownership And Use of User Submissions

By making a User Submission, you understand that you are granting MasterCard a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trade-mark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including, without limitation, the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The license you are granting to MasterCard includes the right of MasterCard and its designees to reproduce the User Submission (in whole or in part), prepare other works using the User Submission (or any components thereof), combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of MasterCard throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits MasterCard and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by MasterCard or licensed from others, with your User Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval.

By making a User Submission, you are waiving and agreeing not to assert any copyrights or "moral" rights or claim resulting from our alteration of the User Submission or any photograph(s), footage, illustrations, statements or other work contained in the User Submission. You are also agreeing to appoint MasterCard as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that MasterCard can use the User Submission that you are licensing in any way MasterCard sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.

Upon request of MasterCard, you shall execute and deliver such additional instrument of license, as may be solely deemed by MasterCard, reasonably necessary to establish MasterCard's ability to use the User Submission as it sees fit and that "Moral Rights of Authors" are waived under these Terms of Use. Should MasterCard fail to request the said license instrument as stated, that shall not be deemed a waiver of MasterCard's rights and MasterCard may at a later time request the instrument.

Submissions or Feedback

From time to time, we may ask that you for your feedback on the Site and/or in relation to MasterCard's products and/or services. Any communication or material you transmit or post will be: (a) treated as non-confidential and non-proprietary by MasterCard; and (b) used without restriction by MasterCard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Without limiting the generality of the license and waivers contemplated above, by transmitting or posting communications or materials to or through the Site, you hereby: (i) grant to MasterCard a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all communications or materials (in any format or media) that you transmit to, post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all such communications or materials you transmit to, post on, upload or otherwise submit to or through, the Site in favour of MasterCard. Any use of such communications or materials by MasterCard may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. MasterCard shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, MasterCard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (the "Submissions"), and therefore, you should not make any Submissions to MasterCard in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become subject to the license provisions set-out above. Furthermore, MasterCard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. MasterCard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future MasterCard products and services.

Merchant and Merchants Offers

Merchants (including nonprofits) may provide to MasterCard certain offers, experiences or other benefits on the purchases of goods and services (the "Offer(s)") that will be available on the Site or directly through the merchant. Such Offers are subject to certain terms and conditions for each Offer and may change at any time without notice to you. MasterCard will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant with respect to such Offers. You acknowledge that MasterCard does not endorse or warrant the merchants that are accessible through the Site nor the Offer that they provide on the Site or on their own web site.

Contests

From time to time, we may make you aware of certain MasterCard or third party related contests or other promotions. All such contests and promotions are subject to the Official Rules or Terms and Conditions for such contests and promotions and all related applicable laws, regulations and statutes.

Third Party Content and Links to Other Web Sites

The Site may contain third party content and links to other web sites that are completely independent of this Site. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by MasterCard. Moreover, MasterCard is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked webs site and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the Site. Any personal information you submit on the resulting site will not be collected or controlled by MasterCard but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.

MasterCard is not responsible for examining or evaluating, and we do not warrant the offerings of any third party content or Offer presented on this Site. MasterCard does not assume any responsibility or liability for the actions, Offer and content of all these and any other third parties. Carefully review the Offer details and terms and conditions prior to purchase.

MasterCard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on the Site. The MasterCard Global Privacy Policy provides an overview of what you can expect when you register or simply browse the MasterCard Site. Click here to view our Global Privacy Policy.

Indemnification

You agree to indemnify, defend and hold MasterCard and its business partners and their respective officers, directors, employees and affiliates harmless from any liability, loss, claim and expense, including without limitation, reasonable attorneys' fees and expenses, related to or arising from: (i) your violation of these Terms of Use; (ii) your misuse of the Site; and (iii) your violation or infringement of copyright or other intellectual property or other rights of third parties contained in your Submissions and/or any other violation of law or breach of contract obligations relating to the Submissions.

Disclaimer of Warranties

While MasterCard will use reasonable efforts to ensure that all material on this Site is correct; however, accuracy cannot be guaranteed and MasterCard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.

THE SITE, THE OFFERS AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM MASTERCARD THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, MASTERCARD DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE OFFER TERMS AND CONDITIONS OR DETAILS ARE ACCURATE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Damages and Limitation of Liability

IN NO EVENT SHALL MASTERCARD, ITS BUSINESS PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE, OFFERS OR ITS CONTENT, EVEN IF MASTERCARD OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL MASTERCARD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Without limiting the foregoing, we are not responsible for any errors in the Offer details or terms and conditions, any card account fees or penalties that you incur on your World or World Elite MasterCard or MasterCard card as a result of your use of the Program, including fees and penalties that may result from reversals. Any tax liability resulting from your participation in the Program shall be your sole responsibility, and not our responsibility or the responsibility of a merchant, MasterCard or the financial institution that issued your MasterCard card. Merchants or your issuing financial institution may report information regarding the Program and your participation in it to tax authorities. Merchants and your issuing financial institution may not vary these terms as applied to the relationship between you and us and may not make any commitments that are binding on us.

Inapplicability of Terms of Use to any MasterCard Payment Card Cardholder Agreement

MasterCard is a leading payment services organization. MasterCard is not a financial institution and does not issue credit, debit, check or payment cards of any type of nature. Your MasterCard-branded payment card relationship is with an issuing bank or financial institution. Any and all questions or issues regarding your MasterCard-branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to MasterCard. While MasterCard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.

This Site is operated by MasterCard.

Miscellaneous

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in courts sitting in the City of Toronto. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Content and software from the Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

These Terms of Use may not be assigned by you. MasterCard may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and MasterCard pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Site. MasterCard's failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and MasterCard. You hereby agree, without limitation, that you will not contest the validity or enforceability of these Terms of Use and any related documents.

Customer Service and Contact Information

General Counsel

MasterCard Canada, Inc.
2 Bloor Street West, Suite 1400
Toronto, Ontario M4W 3E2
Phone: 1-800-MCAssist (1-800-622-7747)

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