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TERMS OF SERVICE

Last Updated: September 10, 2024

These Terms of Service (this "Agreement") set forth the terms and conditions that apply to your access and use of the internet website located at www.spacebeacon.com (collectively, the "Site"), each owned and operated by Preeminent Technologies Inc. dba SpaceBeacon ("SpaceBeacon", "we", "our" or "us"), and the services available thereon, including without limitation the services that enable you to book travel, accommodation, tours and other activities through our partners and travel providers (the "Services").

BY ACCESSING OR USING THE SITE OR SERVICES OR CLICKING ON THE "I ACCEPT" OR SIMILAR BUTTON, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

IMPORTANT: THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS.

THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN SPACEBEACON AND YOU, INCLUDING THE REQUIREMENT THAT YOU RESOLVE ANY DISPUTES YOU HAVE WITH US THROUGH FINAL AND BINDING ARBITRATION, AND THAT YOU WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION LAWSUIT. PLEASE SEE THE "DISPUTE RESOLUTION" SECTION BELOW FOR MORE INFORMATION.

By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as SpaceBeacon's Privacy Policy located at www.spacebeacon.com (the "Privacy Policy"), as it may be amended from time to time in the future.

We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion. We will provide you with notice of the proposed amendment via email and by posting an amended version of this Agreement with a new "Last Updated" date. We will include a link to the previous version of the terms beneath the new "Last Updated" date.

The amendments will take effect 30 days after the date on which we provide notice of the amended version. Prior to that date, the previous version of this Agreement will continue to apply. If you disagree with any amendments, you may terminate this Agreement by ceasing to use the Site and Services at any time within the 30-day period before the amendments take effect. If the amendment increases your obligations under this Agreement, or decreases our obligations under this Agreement, then you can also terminate in the 30 days after the amendments take effect. In either case, there is no cost or penalty for terminating. If you do not cease using the Site and Services during that time, then by your continued use, you are considered to have accepted the proposed amendments.

Ability to Enter into this Agreement

In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.

Intellectual Property Rights

All material available on the Site and all material and services provided by or through SpaceBeacon, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel", layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, SpaceBeacon grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. You are not permitted to download, copy or otherwise store any Materials.

If SpaceBeacon, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Services or any of its, your or a third party system, then SpaceBeacon may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. SpaceBeacon has no liability to you for suspending the Services under this provision.

This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to SpaceBeacon related to the Services, the Site or SpaceBeacon's business ("Feedback") are and will be SpaceBeacon's exclusive property without any compensation or other consideration payable to you by SpaceBeacon, and you do so of your own free will and volition. SpaceBeacon may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative SpaceBeacon may decide into the Site, the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to SpaceBeacon in any Feedback and, as applicable, waive any moral rights.

For the purposes of this Agreement and the Privacy Policy, "personal information" is any information about an identifiable individual, as defined in our Privacy Policy.

SpaceBeacon retains the right to use or share any Aggregated Data generated by anyone using the Site or the Services, including our users, for the purpose of enhancing and providing the Services. "Aggregated Data" means data that does not contain personal information, and which has been manipulated or combined to provide generalized, anonymous information. You are still responsible for any and all personal information that is part of any Content (as defined below).

Your Profile Information

You may create a SpaceBeacon profile ("Profile") using your social media login credentials. When using your Profile, ou agree that SpaceBeacon is providing you with access and use of the Site and Services in accordance with this Agreement. You agree and understand that you are responsible for maintaining the confidentiality of your Profile. The information you provide when creating your profile, including but not limited to your social media profiles and location, preferences and interests will form your "Profile Information". You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information. You represent and warrant to SpaceBeacon that you have not misrepresented any Profile Information. You are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Services.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your Profile Information to any third party. You are solely responsible for all activities that occur under your Profile. If you become aware of any unauthorized use of your Profile or Profile Information, you are responsible for notifying SpaceBeacon immediately. It is your responsibility to update or change any Profile Information, as appropriate.

In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any SpaceBeacon subscriptions at any time by clicking "Unsubscribe" at the bottom of such communication or by contacting Contactus@go-preeminent.com. Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible if you do so.

Bookings and Fees

You may use our Services to make travel bookings with third parties, including airlines, hotels, and other travel operators (each, a "Travel Booking"). At the time of purchasing a Travel Booking on our Site, you will be presented with a summary of the Travel Booking and any applicable fees. The fees presented to you on our Services include fees payable to SpaceBeacon to provide the Services. If you proceed with the Travel Booking, you will be liable for payment of all relevant fees, including any applicable taxes, service fees and charges. Please note that there may be additional fees payable directly to third parties, such as resort fees and other destination fees.

You acknowledge that prices for Travel Bookings may change at any time prior to purchase. Price changes will not affect Travel Bookings already accepted, except in cases when there is an obvious error. SpaceBeacon will make commercially reasonable efforts to ensure that prices displayed on the Services are accurate but is not liable for mistakes or errors in pricing information provided by third parties. SpaceBeacon reserves the right to correct any pricing errors on our Services at any time.

If there is an obvious error and you have made a Travel Booking, we will offer you the opportunity to keep your booking by paying the correct price, or we will cancel your booking without penalty. We have no obligation to make Travel Bookings available to you at an incorrect (lower) price even after you have been sent confirmation of your Travel Booking, if the error should reasonably have been apparent to you.

You acknowledge that all Travel Bookings are subject to the relevant terms and conditions of any third-party supplier that is providing travel services to you within the Travel Booking, which may include additional fees to be collected directly by such third-party supplier in addition to the fees collected by SpaceBeacon. SpaceBeacon will provide you with a copy of the relevant third-party supplier terms and conditions at the time of purchasing your Travel Booking.

Taxes

You take full responsibility for all taxes and fees of any nature associated with the Services, including without limitation any sales tax related to any purchase or sale of services or goods under this Agreement as well as occupancy, hotel and tourism taxes. When purchasing or selling services or goods under this Agreement, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.

In certain jurisdictions, you may be responsible for paying local taxes and fees imposed by local tax authorities (such as city taxes or tourist taxes, etc.). We may charge you such local taxes. We may notify you of any local taxes that will be payable by you before you complete your booking, where such taxes have been notified to us by the third party provider.

The amount of local taxes and fees can change between the booking date and stay date. If taxes have changed by your stay date, you may be liable to pay taxes at the higher rate.

Cancellation of Travel Bookings

Cancellations or changes to Travel Bookings (with respect to the travel date, destination, place where the trip starts, property or means of transport) to a booking may be made by contacting us.

You do not have an automatic right to cancel or change a Travel Booking unless allowed by the relevant third-party supplier under their terms and conditions (which are provided to you when you make a booking).

Third party suppliers may charge you fees for cancelling (in full or part) or changing a Travel Booking. Such fees will be set out in their terms and conditions. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally completed the Travel Booking.

If you want to cancel or change any part of a booking and such cancellation or change is allowed by the relevant third-party supplier, then, in addition to any charges imposed by the third-party supplier, we may also charge you an administration fee. If such an administration fee applies, it will be notified to you before you agree to proceed with the change/cancellation.

We (and the relevant third-party supplier) may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due.

For a variety of reasons (such as a property is overbooked due to connectivity issues or a property is closed due to a hurricane, etc.), it is possible that a booking may be cancelled or changed by the third-party supplier or us. If this happens, we will make reasonable efforts to notify you as soon as possible and offer alternative options/assistance where possible or a refund.

Any refunds will be transferred back to you to the payment method you used to make the original booking. Such refunds will be made by the party that took your original payment. We do not have visibility of a third-party supplier refund process. Our fees are not refundable unless this is stated otherwise during the booking process.

Submission of Content

The Site and the Services available thereon enable you to provide or upload content to your Profile or to our chatbot, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, code and other information or content (collectively, "Content"), for the purpose of enabling us to provide the Services or otherwise use such Content as permitted under this Agreement. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing or uploading it.

SpaceBeacon will use Content you upload in connection with providing the Services to you and to generate Aggregated Data which will be owned by SpaceBeacon. You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Services, you grant to SpaceBeacon a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, in connection with providing the Services to you and other SpaceBeacon customers and to generate Aggregated Data. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services.

You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to SpaceBeacon or SpaceBeacon's use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree that SpaceBeacon is not responsible for any violations of any third-party intellectual property rights in any Content that you submit to SpaceBeacon. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the Site.

Accuracy of Information

SpaceBeacon does not guarantee the accuracy of any information generated by the artificial-intelligence-powered features and tools offered through the Services (the "AI Assistant"). Given the probabilistic nature of machine learning and artificial intelligence, use of the AI Assistant may in some situations result in incorrect information being provided to you. You shall have full control of any information that you use, and you shall fully evaluate the accuracy and quality of any information from the AI Assistant before making any use of any such information.

Monitoring

SpaceBeacon may, but has no obligation to, monitor Content on the Site, or any website created using our Services. You consent to such monitoring. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect SpaceBeacon or its customers, or operate the Site or Services properly, or improve the Site or Services. SpaceBeacon, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement, including, but not limited to the Privacy Policy.

Acceptable Use and Conduct:

You agree that you will not publish or make available any Content that, or use the Site or Services in a manner that:

  • infringes, violates or misappropriates any third party's intellectual property or proprietary rights;
  • contains software viruses, Trojan horses 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;
  • is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another's privacy;
  • is harmful to minors in any way;
  • is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by SpaceBeacon;
  • impersonates a SpaceBeacon employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;
  • interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons' ability to use the Site or Services;
  • uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;
  • facilitates the unlawful distribution of copyrighted Content;
  • except as expressly permitted by SpaceBeacon, licenses, sublicenses, rents or leases the Services to third parties, or uses the Services for third party training, commercial time-sharing or service bureau use;
  • includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Services to users;
  • constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
  • stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Site or Services;
  • collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
  • requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;
  • attempts to gain unauthorized access to the computer systems of SpaceBeacon or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;
  • posts adult or pornographic Content;
  • decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other SpaceBeacon technology;
  • copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;
  • accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services;
  • accesses the Site or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
  • accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the Site or Services; (ii) interfering with the proper working, functionality or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services.

Disclaimer of Warranties

THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. YOUR USE OF THE SITE OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPACEBEACON EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. SPACEBEACON DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME SPACEBEACON MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT SPACEBEACON, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. SPACEBEACON MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE OR SERVICES; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.

SPACEBEACON IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY SPACEBEACON OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY SPACEBEACON, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY SPACEBEACON.

You are solely responsible for ensuring that Your CONTENT is compatible with THE SITE AND SERVICES. SpaceBeacon disclaims any liability or responsibility for any unauthorized use of Your CONTENT by third parties or OTHER Users of THE SITE AND SERVICES and is not responsible for protecting Your CONTENT.

THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPACEBEACON OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE AND SERVICES ARE offered and controlled by SpaceBeacon from its facilities in Canada. SpaceBeacon makes no representations that THE SITE OR SERVICES ARE appropriate or available for use in other locations. Those who access or use THE SITE OR SERVICES from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Third Party Sites and Content

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under SpaceBeacon's control, and you acknowledge that SpaceBeacon is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by SpaceBeacon or any association with its operators. You further acknowledge and agree that SpaceBeacon will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.

Exclusive Remedy and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPACEBEACON WILL NOT BE LIABLE FOR (1) ANY SERVICES PROVIDED TO YOU BY THIRD PARTIES UNDER TRAVEL BOOKINGS, (2) ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS, OR (3) FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE ABOVE.

THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL SPACEBEACON OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF SPACEBEACON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICES, TRAVEL BOOKINGS MADE ON THE SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. SPACEBEACON'S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) $100; AND (B) THE TOTAL AMOUNTS YOU PAID TO SPACEBEACON FOR THE TRAVEL BOOKING SUBJECT TO A CLAIM.  TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SPACEBEACON'S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, SPACEBEACON WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO A TRIAL PROGRAM OR YOUR PROVISION OF AN INDIVIDUAL'S PERSONAL INFORMATION TO SPACEBEACON OR THROUGH THE SERVICES. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.

THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN SPACEBEACON AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT SPACEBEACON WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. SpaceBeacon will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Services.

Waiver of Jury Trial and Class Action Rights

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES AND/OR THIS AGREEMENT: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Limitation of Time

You agree that you will not bring a claim under or related to this Agreement more than 12 months from when your claim first arose.

Indemnity

You agree to indemnify, defend, and hold harmless SpaceBeacon, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the "Indemnified Parties"), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) (collectively and individually, "Claims") incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Site or the Services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Profile Information and any third party Content forming part of the Site; (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. SpaceBeacon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SpaceBeacon and you agree to cooperate with SpaceBeacon's defense of these Claims. You agree not to settle any matter without the prior written consent of SpaceBeacon. SpaceBeacon will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

Profile Cancellation; Changes to Site or Services

You may cancel your Profile at any time through the interface provided as part of the Services. This is the only way to cancel your Profile. Email or phone requests to cancel your Profile will not be accepted.

SpaceBeacon is under no obligation to store your Content and may delete your Profile and your Content immediately upon cancellation or may keep your Profile and Content for up to 90 days following cancellation.

SpaceBeacon reserves the right at any time, and without cost, charge or liability, to cancel your Profile at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement.

SpaceBeacon reservices the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.

Dispute Resolution

THIS SECTION IS NOT APPLICABLE TO QUEBEC CONSUMERS.

All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the applicable Rules of Procedure of the Vancouver International Arbitration Centre (VanIAC). The appointing authority shall be the VanIAC. The case shall be administered by the VanIAC in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.

Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for you.

The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

Notwithstanding the foregoing, SpaceBeacon may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement specifically enforceable by SpaceBeacon through injunctive relief and other equitable remedies without proof of monetary damages.

If this Section is found to be unenforceable or if it does not apply to you, then the entirety of this Section will be null and void and, in that case, you hereby irrevocably submit to the personal and exclusive jurisdiction of the courts of the Province of British Columbia for resolution of any lawsuit or court proceeding permitted under this Agreement.

Miscellaneous

If there is any dispute between you and SpaceBeacon about or involving this Agreement, the Site or the Services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.

You agree that if SpaceBeacon does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which SpaceBeacon has the benefit of under any applicable law), this will not be taken to be a formal waiver of SpaceBeacon's rights and that those rights or remedies will still be available to SpaceBeacon.

The sections of "Submission of Content", "Intellectual Property Rights", "Taxes", "Confidential Information", "Disclaimer of Warranties", "Third Party Sites and Content", "Exclusive Remedy and Limitation of Liability", "Waiver of Jury Trial and Class Action Rights", "Limitation of Time", "Indemnity", "Dispute Resolution" and "Miscellaneous" will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.

This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned "electronic" agreement or rely on such an unsigned agreement.

Contacting SpaceBeacon

You may contact SpaceBeacon by email at ContactUs@spacebeacon.com or through our Contact Us form.