TERMS | GUARANTORS.CA

Terms & Conditions

Effective on 2024-10-01

INTRODUCTION

By accessing or using Guarantors.ca Services, you agree to be bound by these Terms and Conditions (the “Terms” or “Agreement”), including our Privacy Policy so it is important that you read this Agreement and these policies and procedures carefully before start using our Service.

We may update these Terms from time to time, so check this page regularly for updates.

Welcome to Guarantors.ca, operated by Acturia Inc. for users located in Ontario, Canada. Together you and Guarantors.ca may be referred to as the “Parties” or separately as “Party.”

By accessing or using our Services on www.guarantors.ca (the "Website"), or any other platforms or services Guarantors.ca may offer (collectively, the "Service" or our "Services"), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services. Your access and use of our Services is also subject to the Privacy Policy.

If you do not wish to be bound by this Agreement, do not access or use our Services.

Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. Further, we reserve the right to change the availability of Services in any manner and at any time as we may determine in our sole and absolute discretion.

1. YOUR RESPONSIBILITIES

Before you fill out our on-line forms, make sure you are eligible to use our Services. This Section details what you can and can’t do when using the Services. By using our Services, you represent and warrant that:

You agree to:

Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Treat other users in a courteous and respectful manner, both on and off our Services;
Be respectful when communicating with any of our customer care representatives or other employees;

You agree that you will not:

Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
Use the Services in a way that damages the Services or prevents their use by other users;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services' networks;
Use our Services for any harmful, illegal, or nefarious purpose;
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
Disclose private or proprietary information that you do not have the right to disclose;
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
"Frame" or "mirror" any part of our Services without Guarantors.ca’s prior written authorization;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use or develop any third-party applications or services that directly interact with our Services without our written consent, including but not limited to artificial intelligence or machine learning systems;
Probe, scan or test the vulnerability of our Services or any system or network;
Encourage, promote, or agree to engage in any activity that violates these Terms.

CORRECTNESS OF INFORMATION YOU PROVIDE TO US

All information provided by Users (Tenants and Guarantors) to Guarantors.ca MUST be accurate, true and complete in all respects. If we consider information you provide inaccurate or incomplete, we will deem you ineligible for the Services.

2. GUARANTORS.CA SERVICES

Guarantors.ca offers a service that matches eligible tenants (collectively, the "Tenant" or "Tenants") with qualified guarantors (collectively, the "Guarantor" or "Guarantors"). This service consists of:

Conducting a background check (“Background Check” herein) on Tenants and Guarantors (collectively referred to as “User” or “Users” herein);
Determining Users’ eligibility for the service;
Providing qualified Guarantors with qualified Tenants’ eligibility reports (“Eligibility Report” herein) for review;
Providing eligible Tenants with Guarantors’ personal and financial information (“Personal Information” herein) for the purpose of including this information in the Tenant’s rental applications;
Providing eligible Tenants with Guarantor’s Information Package - a set of documents that include, but are not limited to, the Guarantor’s name, address, date of birth, credit score, proof of income, and a sample Guarantor Agreement to be signed with your prospective landlord.
Providing Users with contact information for communication between Tenants and Guarantors outside of Guarantors.ca services.

Before Guarantors.ca conducts a Background Check, Users (Tenants and Guarantors) must verify that all information provided in their application is accurate to the best of their knowledge. Users also hereby grant Guarantors.ca express permission to perform any due diligence necessary (at our discretion), including but not limited to contacting references or verifying proof of income. By providing consent, potential eligible Tenants and eligible Guarantors authorize Guarantors.ca and Third-Party Reporting Agencies to access their personal information. Users (Tenants and Guarantors) consent to the use, collection, and controlled disclosure of their personal information, including rental, court, employment, banking, and financial history, in accordance with Guarantors.ca's Privacy Policy. Any misrepresentation by the User constitutes valid legal grounds for the rejection of a Service by Guarantors.ca.

Background Check

Before Guarantors.ca performs a Background Check, Users (Tenants and Guarantors) must verify that all information provided in their application is accurate to the best of their knowledge. Users also hereby grant Guarantprs.ca, express permission to perform any due diligence necessary (at our discretion), including but not limited to contacting references, or verifying proof of income. By providing consent, potential eligible Tenants and eligible Guarantors authorize Guarantors.ca and Third-Party Reporting Agencies to access their personal information. Users (Tenants and Guarantors) consent to the use, collection and controlled disclosure of their personal information including rental, court, employment, banking and financial history in accordance with Guarantors.ca Privacy Policy.

ANY MISREPRESENTATION BY THE USER CONSTITUTES VALID LEGAL GROUNDS FOR REJECTION OF A SERVICE BY GUARANTORS.CA.

Guarantors.ca performs a Background Check on Users (Tenants and Guarantors) using data inputted by the User as well as data from third-party reporting agencies (including, but not limited to, data from credit bureaus for credit history, government agencies, police agencies, news publications, public court databases, social media, verification of Users’ education, employment history, etc.). Private information is collected and distributed in accordance with applicable Canadian privacy legislation, including The Personal Information Protection and Electronic Documents Act (PIPEDA) (https://laws-lois.justice.gc.ca/eng/acts/P-8.6/page-1.html). In addition, Guarantors.ca may contact Users’ landlords, employers, and other parties to verify the accuracy of the information submitted by the User.

Tenant’s Eligibility

By submitting your information to Guarantors.ca services, Tenants represent and warrant that they are at least 18 years old. Tenants also represent and warrant that they have the right, authority, and capacity to enter into this Agreement, to abide by all of the terms and conditions of this Agreement, and that they have not been prohibited from using the services. Guarantors.ca determines a Tenant’s eligibility for the service based on the results of a Background Check. Guarantors.ca makes decisions regarding the eligibility of the Tenant based on various factors, including, but not limited to, the accuracy of the information submitted by the Tenant, the Tenant’s income-to-rent ratio, and the Tenant’s credit score. Guarantors.ca reserves the right to request additional information from the Tenant at any time during the process of determining the Tenant’s eligibility. Guarantors.ca reserves the right to determine that the Tenant is not eligible for the service at our sole discretion and is under no obligation to disclose the reasons for determining that the Tenant is not eligible for the Service.

Tenant’s Eligibility Report

If a Tenant is deemed ineligible for the service, no Eligibility Report will be issued. Guarantors.ca will notify the Tenant that, based upon the results of the Background Check, he/she is not eligible for the service. If a Tenant is deemed eligible, Guarantors.ca will notify the Tenant that, based on the results of the Background Check, he/she is eligible for the service and will send the Tenant an Eligibility Report for review. The Tenant’s Eligibility Report consists of the following information: the Tenant’s preferred rent amount, the Tenant’s credit score, the Tenant’s income-to-rent ratio, the Tenant’s name, and the Tenant’s email. In order to continue the service, the Tenant is required to give his/her consent to disclose the Eligibility Report to potential Guarantors. After the Tenant confirms that the information in his/her Eligibility Report is accurate and gives his/her consent to disclose the Eligibility Report to potential Guarantors, the Eligibility Report will be sent to eligible Guarantors for review.

GUARANTORS.CA HAS NO CONTROL OVER INDIVIDUAL GUARANTORS OR THEIR DECISIONS. GUARANTORS.CA CANNOT GUARANTEE THAT GUARANTORS WILL AGREE TO SUPPORT A TENANT’S RENTAL APPLICATION, NOR DO WE HAVE ANY CONTROL OVER THE PRICE THEY WILL CHARGE FOR THEIR SERVICES.

Guarantor’s Eligibility

By submitting your information to Guarantors.ca services, Guarantors represent and warrant that they are at least 18 years old. Guarantors also represent and warrant that they have the right, authority, and capacity to enter into this Agreement, to abide by all of the terms and conditions of this Agreement, and that they have not been prohibited from using the services. Guarantors.ca determines a Guarantor’s eligibility for the service based on the results of a Background Check. Guarantors.ca makes decisions regarding the eligibility of the Guarantor based on various factors, including, but not limited to, the accuracy of the information submitted by the Guarantor, the Guarantor’s income-to-rent ratio, and the Guarantor’s credit score. Guarantors.ca reserves the right to request additional information from the Guarantor

Communication between Guarantors and Tenants

Although we cannot monitor the conduct of Tenants and Guarantors off the Services, it is a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, or solicit to any User without their prior explicit consent.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (TENANTS AND GUARANTORS) OFF THE SERVICES. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER SERVICES USERS.

Guarantors

The Guarantors are independent individuals and are not agents, or employees of the Guarantors.ca. We are not responsible for the wilful or negligent acts and/or omissions of any Guarantor or any of its respective agents or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services.

Guarantors provide full information required for the registration as a Guarantor within the Services prior to their registration according to the terms of Agreement. Guarantors provide additional services in accordance to the terms of their agreement with us. Any additional services requested by Tenants, which fall into the Guarantors scope of activity, but not defined by our terms of Agreement with Guarantor, may be processed by Guarantors, but are not automatically granted.

We are not in any way responsible for the quality of any additional services provided by the Guarantors.

Payment

Payment is required to process and complete a Background Check on the Users (Tenants and Guarantors). All payments are made through INTERAC e-transfer and should be sent to support@guarantors.ca.

In order to verify your payment, Guarantors.ca requires that Users include their current address of residence in the message box provided during the INTERAC e-transfer payment process.

ALL PAYMENTS FOR THE BACKGROUND CHECK ARE FINAL AND NON-REFUNDABLE.

3. LIMITATION OF LIABILITY

In no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Services, as well as damages for loss of data, loss of programs, cost of procurement of substitute Services or interruptions of the Services, even if we know or has been advised of the possibility of such damages.

We are not responsible for any activities outside of our Services (including, but not limited to expenses related to travel, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services.

4. DISCLAIMER

WE PROVIDE THE SERVICES ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICES. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

Although each Tenant and Guarantor must agree to the Agreement, we cannot guarantee that each Tenant and Guarantor is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Services by persons under the age of 18 in violation of this Agreement. Also, it is possible that other Tenants, Guarantors, and/or users (including unauthorized users, or“hackers”) may post or transmit offensive or obscene materials through the Services and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Services. Please carefully select the type of information that you post on the Services or release to others.

WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER TENANTS, GUARANTORS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

We are not responsible for any incorrect or inaccurate Content posted within or in connection with the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Service.

We are not responsible for the conduct, whether online or offline, of any User (Tenants and Guarantors) of the Services. We are not in any kind responsible for expectations, promises or truthfulness of any information provided by any User (Tenants and Guarantors) of our Services.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including injury or damage to users or to any other person's property related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Services.

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICES, ANY INFORMATION POSTED WITHIN THE SERVICES OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

5. USE, LIMITATIONS AND ACCESS TO SERVICES

The User agrees to take reasonable precautions to protect private data, provided as part of Guarantors.ca Services, from any unauthorized or unwanted access. The User acknowledges that they are only permitted to use the Guarantors.ca Services for a Landlord-Tenant relationship in connection with a property. All Users (Tenants and Guarantors) are responsible to ensure that only “Permitted Users” (an employee, individual or party with whom the Tenant or Guarantor has granted express permission to use the Guarantors.ca Services on their behalf) can access Guarantors.ca Services. The Permitted User is subject to the same obligations under these Terms and Conditions and documents incorporated by reference, and is to be made aware of these obligations outlined within this agreement.

It is User’s responsibility to keep all information secure and confidential. Additionally, all Users are responsible for remaining up to date and monitoring compliance with the obligations of these Terms and Conditions, as well as any applicable policies. The User must immediately notify Guarantors.ca if they suspect or know of any unauthorized access, attempts to access or misuse of any aspect of the Guarantors.ca Service.

6. GENERAL PROVISIONS

Website Content

The information and data made available to Users through Guarantors.ca Website, including but not limited to any text, design logos, graphics, icons, images, user interfaces, downloads, trademarks, codes and software (“Content” hereinafter) is wholly owned by Guarantors.ca and is subject to the provision of the applicable intellectual property laws. Therefore, no content may be copied, republished, downloaded, uploaded, reposted, published, or publicly displayed or distributed in any way without express and written consent from Guarantors.ca.

Assignment Clause

All agreements between the User and Guarantors.ca will be binding to the benefit of any successor of Guarantors.ca. Any such successor of the Guarantors.ca will be deemed substituted under the present terms for all purposes. For this purpose, “successor” means any person, firm, corporation or other business entity which at any time, whether by purchase, merger or otherwise, directly or indirectly acquires all or substantially all of their assets or business.

License for Use

Guarantors.ca elects to grant Users a non-exclusive, non-transferable, limited, revocable license to access Guarantors.ca Services. Additionally, the User acknowledges and agrees that they do not acquire or claim any title, right or license of ownership to any of Guarantors.ca intellectual property rights by virtue of the rights granted to you under these Terms and Conditions or any other agreement that you may be party to involving Guarantors.ca. All Guarantors.ca intellectual property rights in our Guarantors.ca Services shall remain vested in Guarantors.ca (and their respective licensors). Users acknowledge and agree that they will not, at any time, act or not act in a way that is likely to affect Guarantors.ca’s ownership (and its licensors’ ownership) of such rights.

User hereby agrees to grant Guarantors.ca a perpetual, irrevocable, international, non-exclusive, transferable and royalty-free right to use, copy, modify, distribute and display any data or derivatives that may be collected as part of the Guarantors.ca Services. This limited license granted shall survive termination, cancellation, expiration or modification of these Terms and Conditions. User agrees to own and retain all rights, title and interest in and to data that you have inputted to Guarantors.ca. This right of ownership over your data excludes the limited rights expressly granted above.

Service Restrictions

While using any Guarantors.ca Service, you agree not to:

upload, transmit or use any Guarantors.ca Service in a way that may be viewed as threatening, embarrassing, hateful, racially or ethnically inappropriate, insulting, libelous or otherwise defamatory;
use the Guarantors.ca Service in any manner that infringes, violates or misappropriate any third party’s intellectual property or other proprietary rights,
use the Guarantors.ca Service in any manner that may be construed as misleading, deceptive, fraudulent, illegal or as promoting illegal activities. This includes but is not limited to engaging in phishing, obtaining financial or other personal information in a misleading manner for fraudulent or misleading purposes,
use the Guarantors.ca Service in any manner that in our sole discretion could damage, disable, overburden, or impair it,
attempt to gain unauthorized access to Guarantors.ca Service, computer systems or networks connected to the Guarantors.ca Service, or any part of it, through hacking, password mining, interfere or attempt to interfere with the proper working of the Guarantors.ca Service or any activities conducted by Guarantors.ca,
modify the Guarantors.ca Service in any manner, for the purpose of obtaining unauthorized access to any Guarantors.ca Service,
use any robot, spider, scraper, or other automated means of accessing the Service for any purpose without our express written permission, or to bypass any measures we may use to prevent or restrict access to the Guarantors.ca,
impersonate another User or access another user’s information without their express permission;
modify, adapt, translate or create derivative works based upon the Guarantors.ca Service,
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Guarantors.ca Services, except and only to the extent that such activity is expressly permitted by applicable law,
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Guarantors.ca Service, any features that prevent any restrict the copying of any content accessible through our services, or features that enforce limitations on use of our services,
uploading invalid data, viruses, worms, or other software agents through the Guarantors.ca Service or Website,
access the Guarantors.ca Service if you are a direct competitor of Guarantors.ca, except where prior written or express consent is granted,
access the Guarantors.ca Service for the purpose of building a competitive product or service using similar ideas, features, functions or graphics from the Guarantors.ca Services to directly compete with any of Guarantors.ca’s Services, or for any other competitive purpose,
publicly disseminate information regarding the performance of the Guarantors.ca Service,
encourage or assist any third party to do any of the foregoing, and,
use the Guarantors.ca Service in violation of any foreign, federal, state or local law, regulation or rule.

Compliance with Applicable Laws.

Users agree to comply with all applicable Canadian federal, provincial, municipal and other applicable laws that may apply in the province of Ontario. This includes but is not limited to any applicable consumer reporting acts, privacy acts, regulations, judicial orders and other orders from any administrative tribunal that may apply. Users must obtain consent from and give notice to individuals that may be subject to these Terms and Conditions as required by law, including applicable privacy legislation, before enlisting with or using the Guarantors.ca Services. If necessary, Guarantors.ca has the right to deny the issuing of any services to an individual User for any reason including non-compliance with such requests.

Confidentiality

You agree to keep all data received by Guarantors.ca or any third party, including but not limited to Guarantors.ca Services confidential. Any information you receive as part of the Guarantors.ca Services must not be distributed in any form, except as strictly required by any law or other lawful order or if express permission is granted. Furthermore, Guarantors.ca acknowledges that Tenants, Guarantors, and Landlords will receive information of a confidential and/or proprietary nature during the course of Guarantors.ca Services. You agree that such confidential and proprietary information will be held in strict confidence and (i) distributed to Permitted Users who are subject to these Terms and Conditions; (ii) disclosed only upon demand to governmental regulatory agencies; (iii) disclosed as required by law; or (iv) as directed by the individual User, whose data is the subject of the such information. Users are required to protect any such confidential or proprietary information with the highest degree of reasonable care as required by law.

Disclaimers

Guarantors.ca informs Users of the following disclaimers;

Users recognize that Guarantors.ca receives information from independent third parties that are outside of the control of Guarantors.ca. Guarantors.ca is not responsible for the contents of this information whether correct or incorrect. Should discrepancies arise, Users agree to give up the right to raise such a dispute with Guarantors.ca and thus hold Guarantors.ca harmless and not liable for such incorrect information.
Guarantors.ca is not responsible for any transaction between Tenant and Guarantor or any unfavourable outcome that may arise.
Guarantors.ca is not responsible for any transaction between Tenant and Landlord or any unfavourable outcome that may arise.
Guarantors.ca is not responsible for any transaction between Guarantor and Landlord or any unfavourable outcome that may arise.
Guarantors.ca does not make any representations, warranties or guarantees other than those expressly set out in these Terms and Conditions.
Guarantors.ca is not responsible for any loss or damage caused, as a result of the failure of a Background Check used to accurately predict the potential worthiness of an individual.
Guarantors.ca does not warrant that their services will be carried out without interruption or errors.

Indemnification

Users agree to indemnify and save harmless Guarantors.ca and their respective officers, directors, and employees from and against all claims, demands, actions, suits, or other proceedings by whomsoever brought, and from all losses, costs, fines, levies, damages, expenses (including any legal fees and disbursements on a solicitor and client basis and any costs incurred in connection with the enforcement of this indemnity), taxes, penalties, and other liabilities whatsoever, directly or indirectly arising from or in connection with: (a) Guarantors.ca performing a Background Check on Tenants and Guarantors; (b) non-payment or delay of payment of rent by the Tenant; (c) non-payment or delay of payment by the Principal for any reason whatsoever; or (d) any breach of representation, warranty or covenant made between Users and Guarantors.ca. This indemnity shall survive the termination of Users relationship with Guarantors.ca.

Limitation of Liability.

In no event will users decide to hold Guarantors.ca liable for any consequential, incidental, indirect, special, exemplary, or punitive damages that a user may have incurred, arising out of the performance of these terms of use including but not limited to loss of data, loss of profits, loss of revenue, and loss of information, regardless of whether or not a claim for losses or damages may be brought in contract, tort, negligence, strict liability or otherwise, even if Guarantors.ca has been advised of the possibility of such damages. furthermore, in no event shall Guarantors.ca collective aggregate liability to any individual, including individual users or any third party users, exceed the total amount of fees paid to Guarantors.ca from the start of using Guarantors.ca’s services to the one (1) month period immediately before the event giving rise to a claim for liability by the individual party raising the claim. This limitation of liability shall survive and apply notwithstanding the validity of the limited remedies provided for in these terms of use.

Entire Agreement.

The Terms and Conditions listed within this document in its entirety comprise all the terms, conditions and agreements between Users and Guarantors.ca, with respect to the subject matter it addresses. These Terms and Conditions apply in conjunction with Privacy Policy. These documents cancel and supersede all prior understandings and communications on the subject matter of these Terms and Conditions, whether oral or written, express or implied.

Force Majeure

Guarantors.ca shall not be responsible for any non-performance, delay in performance or inadequate performance caused by conditions beyond its commercially reasonable standard of control, including without limitation, acts of our civil or military authority, state of war, acts of terrorism, national emergency, acts or omission of the any User, strikes, outbreaks (including epidemics and pandemics), failure of utilities, failure of communication carriers, embargoes, acts of God, pandemic, fire, flood or enactment of laws, regulations or other order of public authorities.

Survival

Notwithstanding the expiration, modification or termination of these Terms and Conditions, it is expressly provided that these Terms and Conditions, by their nature, should extend beyond the life and existence of these Terms and Conditions and shall remain in force in accordance with their terms.

Unenforceability of Provisions

Each section and provision of these Terms and Conditions is severable from the rest of the agreement. If one paragraph or provision is declared invalid, the remaining sections and provisions shall remain in full force and effect. Guarantors.ca will, in good faith, negotiate an appropriate amendment to the respective invalid term or condition to replace the invalid provision. If the parties fail to agree upon an appropriate amendment, then these Terms and Conditions shall be construed (a) as if such invalid or unenforceable provision, or part thereof had been effectively modified to the extent necessary to avoid the illegality or unenforceability of such provision, if possible, and if not, then (b) as if such invalid or unenforceable provision or part thereof had not been contained herein.

Waiver

No party shall be deemed to have waived the exercise of any right that it holds under these Terms and Conditions or at law unless such waiver is expressly made in writing. Failure of a party at any time, and for any length of time, to require performance by the other party of any obligation under these Terms and Conditions shall in no event affect the right to require performance of that obligation or the right to claim remedies for breach under this Agreement or at law. A waiver by a party for any breach of any provision of these Terms and Conditions, unless otherwise expressly stated in writing, is not to be construed as a waiver of any continuing or succeeding breach of such provision, a waiver or modification of the provision itself, or a waiver or modification of any right under these Terms and Conditions or at law.