This addendum (“Addendum”) amends and will form part of the Terms of Service between ePACT and Organization (the “Agreement”). Unless otherwise defined, all capitalized terms have the meaning set out in the Agreement and the Subscription Order Form between ePACT and Organization (the “Subscription Order Form”). In the event of any conflict or inconsistency between the terms and conditions set out in this Addendum and the Agreement, the terms and conditions of this Addendum will prevail to the extent of such conflict or inconsistency.
1. Indemnities Not Applicable. Section 10(c) (Indemnity) will not apply to Organization.
2. Insurance. During the Term, ePACT will maintain comprehensive general liability insurance with limits of not less than $1,000,000. Upon reasonable request, ePACT will provide Organization evidence of such coverage.
3. Governing Law.
(a) Section 13(d) (Choice of Law) will not apply to the Agreement.
If Organization Located Within Canada or the United States
(b) If the Organization is located (as indicated by the address of the Organization in the Subscription Order Form) within Canada or the United States, this Agreement will be governed by and construed in accordance with the local, municipal, provincial, state and federal laws where the Organization is located, without regard to conflicts of law principles.
If Organization Located Outside of Canada and the United States
(c) If the Organization is located (as evidenced by the address of the Organization in the Subscription Order Form) outside of Canada and the United States, this Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law principles.
(d) The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This choice of jurisdiction does not prevent ePACT from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
Updated: July 30, 2018