Terms of Use

1. Introduction

This website is operated by Evan Uster ("we," "us," or "our"). By accessing or using this website, you agree to be bound by these Terms and Conditions ("T&Cs"). If you do not agree with any part of these T&Cs, please don't use this website.

2. Jurisdiction and governing law

This website is accessible to users worldwide. These T&Cs are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Dispute resolution: arbitration first. Before initiating any legal proceedings, both parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these T&Cs through binding arbitration in Toronto, Ontario, Canada. Arbitration shall be conducted in accordance with the Arbitration Act, 1991 (Ontario) by a single arbitrator mutually agreed upon by both parties, or if no agreement can be reached, appointed in accordance with that Act. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Either party may seek urgent or interim relief from a court of competent jurisdiction where necessary to prevent irreparable harm, without waiving the right to arbitration.

Only if arbitration fails to resolve the dispute, or is inapplicable by law, shall either party proceed to litigation. In such cases, both parties submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in Toronto.

3. User age

This website is not directed at individuals under the age of 13. If you are under 13, you are not permitted to use this website or submit any personal information. By using this website, you confirm that you are at least 13 years of age.

4. Intellectual property

All original content on this website, including but not limited to blog posts, articles, graphics, logos, and design elements, is the property of Evan Uster and is protected by applicable Canadian copyright and intellectual property laws. You may not reproduce, distribute, modify, or republish any content from this website without prior written permission from Evan Uster. Limited quotation for purposes of commentary, criticism, or review is permitted provided clear attribution is given.

5. Blog comments

Users may post comments on blog articles subject to the following conditions:

• You retain ownership of your comments. By posting, you grant Evan Uster a non-exclusive, royalty-free, perpetual license to display, publish, and distribute your comments in connection with this website.
• Comments must not be unlawful, defamatory, abusive, threatening, harassing, infringing on third-party rights, or contain unsolicited advertising or promotional content.
• Comments must not include the personal information of any third party without their explicit consent.
• We reserve the right to moderate, edit, or delete any comments at our sole discretion, at any time, without notice or obligation to explain.
• We are not responsible for the accuracy or legality of user-submitted comments, and published comments do not represent the views or opinions of Evan Uster.
• By posting a comment, you agree to indemnify and hold Evan Uster harmless from any claims, damages, or expenses arising out of your comment content.

6. Social media and third-party links

This website may contain links to third-party websites, including social media platforms. These links are provided for your convenience only.

• Evan Uster is not responsible for the content, accuracy, privacy practices, or terms of any external sites.
• Accessing third-party links is entirely at your own risk.
• The inclusion of a link does not imply endorsement by Evan Uster.

7. Email communications and CASL compliance

We may, in the future, send commercial electronic messages ("CEMs") such as newsletters or updates. In compliance with Canada's Anti-Spam Legislation (CASL):

• We will only send CEMs with your express or implied consent as defined under CASL.
• Every CEM will clearly identify Evan Uster as the sender and include a valid mailing address.
• Every CEM will include a clear and functional unsubscribe mechanism. Unsubscribe requests will be honoured within 10 business days.
• We will maintain records of consent in accordance with CASL requirements.

8. Disclaimer

Content on this website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of accuracy, reliability, merchantability, or fitness for a particular purpose. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Limitation of liability

To the fullest extent permitted by applicable law, Evan Uster shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of, or inability to use, this website. This includes but is not limited to damages arising from comment content, service interruptions, or the use of linked third-party sites.

10. Indemnification

You agree to indemnify, defend, and hold harmless Evan Uster, his successors, assigns, and any associated parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to but not limited to: (a) your use of this website; (b) any comment, content, or material you submit to this website; (c) your violation of these T&Cs; or (d) your infringement of any third-party rights, including intellectual property rights or privacy rights.

This indemnification obligation shall also extend to any other matters, disputes, actions, or issues that may arise in connection with your access to or use of this website, whether or not specifically contemplated by these T&Cs. This obligation will survive the termination or expiry of these T&Cs and your use of the website.

11. Severability

If any provision of these T&Cs is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

12. Changes to these terms

We reserve the right to update or modify these T&Cs at any time without prior notice. The revised T&Cs will be posted on this page with an updated effective date. Your continued use of the website following any changes constitutes your acceptance of the revised terms. We encourage you to review this page periodically.

13. Contact

For questions, concerns, or legal matters relating to these Terms and Conditions, please use the Say Hi page. We will endeavour to respond to all inquiries within a reasonable timeframe.