JOVE CLUB
MEMBERSHIP TERMS AND CONDITIONS

These Terms and Conditions (Terms and Conditions or Agreement) provides the terms and conditions under which you (Member, you, your) will become a member of Jove Club and obtain services from Jove Club Limited (Company Number 15641675) being a company incorporated in England and Wales with registered office address at 85 Great Portland Street, First Floor, London, England, W1W 7LT (Jove Club, the Company, we, us, our).

YOUR KEY INFORMATION

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after ordering services, in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used. This means you can cancel your Membership within the first 14 days from the Commencement Date and receive a refund of the Membership Fees, however if you have asked us to provide part of the services included with your membership during this time, for example if you book and attend an Event, then you may be required to pay for those services. We have a cancellation policy for Events, as set out in clause 4.2 .

The Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;

if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;

if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

1 THIS AGREEMENT

(a) These Terms and Conditions will apply to all Members and their dealings with Jove Club, including your use of our website, www.thejoveclub.com, subscription to the Jove Club membership (Membership) and booking and attendance at any Events or other services provided by Jove Club (including those Events included with your Membership).

(b) Additional terms and conditions will apply to any Jove Adventure Trips we offer, which are available here: Jove Adventure Terms

(c) By creating an Account, signing up for Membership or ticking “I accept the Jove Club Membership Terms and Conditions” you agree to be bound by these Terms and Conditions which form a binding contract between you, the Member, and Jove Club.

(d) We may change this Agreement at any time by updating the Terms and Conditions page on our Website and notifying you by the email you provided when you signed up for an Account. If you do not agree to these Terms and Conditions as updated from time to time, you may cancel your Membership in accordance with clause 11.2.

2 MEMBERSHIP

2.1. BECOMING A MEMBER

(a) In consideration for you paying the applicable Membership Fees, we will provide you with the services and benefits included with your Membership as set out on our Website.

(b) Jove Club is a private club intended for men based in London. We reserve the right to reject, decline, or terminate your Membership in our sole discretion.

(c) You must be at least 18 years of age to hold a Membership, and by creating an Account and signing up for Membership you warrant that you are over the age of 18 and have the capacity to enter into this contract.

(d) We may offer different Membership Tiers, in which case you will be provided with the services and benefits included with your Membership Tier as set out on our Website.

2.2 TERM

(a) Your Membership commences on the date you sign up for your Membership (Commencement Date) and runs for 1 month (Initial Term) until terminated in accordance with clause 11.

(b) Subject to clause 2.2(c), upon expiration of the Initial Term, this Agreement and your Membership will automatically and indefinitely renew on an ongoing monthly basis (Renewal Period).

(c) This Agreement and your Membership will not automatically renew on the expiry of the Initial Term or Renewal Period (Renewal Date) if you cancel your Membership to the Renewal Date. You can cancel your Membership at any time via the Website, or by written notice to admin@thejoveclub.com.

2.3 UPGRADES AND DOWNGRADES

(a) You may notify us that you would like to upgrade or downgrade your Membership Tier at any time. If you do, we will:

(i) take reasonable steps to promptly provide you with access to the new Membership Tier; and

(ii) upon providing such access, apply the new, relevant Membership Fees, in the monthly billing cycle immediately following the month in which your access to the new Membership Tier was provided, and you will be charged at the new Membership Fee in that subsequent month (subject to sub-clause 2.3(b)).

(b) For the avoidance of doubt, if you choose to downgrade your Membership, the new Membership Fees will kick in at the start of the next billing cycle, unless we notify you otherwise. We generally don’t pro-rate downgrades in between billing cycles, however we reserve the right to do so from time to time.

(c) This Agreement will be taken to be amended in accordance with any changes agreed in accordance with sub-clause 2.3(a) above.

3 ACCOUNTS

(a) In order to use most of the functionality of the Website, including your Membership, you may be required to sign-up, register and receive an account through the Website (an Account).

(b) As part of the Account registration process and as part of your continued use of the Website, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by us from time to time.

(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

(e) You agree that you’re solely responsible for:

(i) maintaining the confidentiality and security of your Account information and your password; and

(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.

4 EVENTS

4.1 BOOKING EVENTS

(a) As part of your Membership inclusions we may run events or activities from time to time, which are exclusively available to Members (Events).

(b) Events may be either free, or may have additional costs (Event Fee) in addition to your Membership Fees (Paid Events).

(c) You can book Events via our Website (using your Account) (Booking).

(d) You must pay the Event Fee for any Paid Events at the time of making a Booking.

4.2 CANCELLING EVENT BOOKINGS

(a) If you are unable to attend an Event, you must provide at least 12 hours’ notice prior to the scheduled start time of an Event (Cancellation Notice). You can provide Cancellation Notice by cancelling your Booking via our Website.

(b) If you cancel a Booking by providing the required Cancellation Notice we will refund you any Event Fee paid.

(c) If you cancel a Booking and fail to provide the required Cancellation Notice, or do not attend an Event where you have a Booking, then:

(i) In respect of Paid Events, you forfeit the Event Fee; and

(ii) In respect of any other Events, we reserve the right to suspend your right to book Events (whether free or Paid Events) under your Membership for up to two (2) weeks.

(d) We reserve the right to suspend or terminate your Membership and Account if you repeatedly fail to comply with the Cancellation Notice requirements under this clause 4.2 .

4.3 CANCELLING EVENTS

(a) We reserve the right to cancel Events in our sole discretion.

(b) If we cancel a Paid Event, we will refund any Event Fees paid.

(c) We will not be liable to you for any losses, costs, expenses, damages or liabilities arising out of our cancellation of an Event.

4.4 GUESTS

(a) We may from time to time run Events where you may bring a non-member third party (Guest).

(b) Guests are only permitted at designated Events (Guest Events).

(c) If you wish to bring a Guest to a Guest Event, you must indicate in your Booking the details of your Guest. You must have the consent of your Guest to provide us with their information (including personal data) for the purpose of us processing their personal data to provide the Event, in accordance with our Privacy Policy. You must not provide us with personal data of individuals if you do not have their consent.

(d) If a Guest Event is a Paid Event, you must pay the Event Fee for the Guest at the time of Booking.

(e) You are responsible for your Guest and must ensure your Guest complies with the Jove Club Member Rules whilst at the Event. You agree to indemnify us against any and all claims, losses, costs, expenses and liabilities arising out of your Guests attendance and participation at an Event.

(f) As a private club, we reserve the right to only permit male Guests at Guest Events. However we may at times run Guest Events where female guests are welcome – this will be indicated on our Website.

(g) We reserve the right to refuse entry to an Event if you bring a Guest to an Event without complying with this clause.

4.5 PETS

(a) We may from time to time run Events where you may bring a pet (Pet).

(b) Pets are only permitted at designated Events (Pet-Friendly Events).

(c) Pets brought to a Pet-Friendly Event must be domesticated, fully vaccinated and must not exhibit any signs of aggression. You are responsible for your Pet at the Pet-Friendly Event and must ensure your Pet complies with the Jove Club Member Rules and these Terms whilst at the Event. You agree to indemnify us against any and all claims, losses, costs, expenses and liabilities arising out of your Pet’s attendance and participation at a Pet-Friendly Event.

(d) We reserve the right to refuse you and your Pet entry to an Event in our sole discretion.

4.6 RISK

(a) You acknowledge and agree that your participation and attendance at an Event is at your own risk. We provide each Event on an “as-is” basis and whilst every effort is made to ensure the information provided through the Event is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of anything contained in the Services and each Event for any purpose.

(b) You acknowledge and agree that any information made available in connection with the Event is general in nature and does not constitute medical, legal, financial, business or any other type of advice. Any information provided to you and in any linked or referred to materials or websites is not and should not be construed as medical, legal, financial or business advice. Information provided during the provision of the Services and each Event by us and our associated companies, staff, presenters and volunteers is for educational and informational purposes only.

(c) The Event may provide support, guidance and tools to assist you to participate in parts of the Event, but any decision you make, and the consequences that flow from such decisions, are your sole responsibility. We will not be responsible for any decisions that you make, nor any loss, damage, charge or expense (including special, incidental or consequential) that may arise out of any decision made by you at any time.

(d) Nothing on the Website or any of the Events is a promise or guarantee of results or future earnings. Any information given (including case studies) is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically for your personal or business needs. You understand that because of the nature and extent of the Services, the results experienced by each person may significantly vary.

(e) Any testimonials and examples within any marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

(f) You should not rely on any information contained in the Website or at an Event in making medical, health-related, business, legal or financial decisions.

(g) An Event may include physical activities and your participation in the Event includes the risk of physical injury which may be serious and disabling.

(h) Before participating in any activity at an Event, you must evaluate whether your current skills and physical condition allow you to participate in a safe manner.

(i) If you have any injuries or medical conditions, including pregnancy, you must inform Jove Club before the Event or the start of any class, lesson or activity forming part of the Event. You must not participate in the Event if your participation in any classes, lessons or activities may increase your risk of further injury or if it is unsafe for you.

(j) You assume full risk and responsibility for your participation in the Event. You acknowledge and agree that none of the staff at Jove Club are medical professionals and should not be relied on as such. If at any time you feel dizzy, faint, unwell, discomfort or pain, you must stop participating in the class, lesson or activity.

(k) If you sustain an injury, you must immediately stop participating in the class, lesson or activity and seek medical attention.

(l) If you notice an unsafe situation during a class, lesson or activity or notice another participant with an injury, you must immediately notify Jove Club.

(m) You are responsible for bringing any equipment or additional items you need for the Event. We will not be responsible for any loss, damage or theft of any of your equipment or other items that you bring with you to the Event.

(n) You acknowledge and agree that, during the Event, Jove Club may request that you sign an additional waiver or any other document prior to participating in any class, lesson or activity.

4.7 MEMBER REPRESENTATIONS

(a) You acknowledge and warrant that you:

(i) understand the risks and requirements of the activities that you will participate in as part of the Event and your Booking;

(ii) possess the necessary fitness and are physically able to participate in all activities that form part of the Event; and

(iii) do not have any medical conditions or mobility issues which may affect your ability to participate in the activities including in an Event which have not been notified to Jove Club.

(b) You acknowledge that Jove Club may, in their discretion, refuse to allow you to participate in an activity if they do not believe that you are fit to participate and may not offer you a refund of any Fees paid by you in respect of all or part of the Booking.

5 MEMBER’S OBLIGATIONS

(a) You must comply with Jove Club rules (Jove Club Member Rules) set out on our Website as updated from time to time. In the event of any discrepancy or inconsistency between the provisions of this Agreement and Jove Club Member Rules, this Agreement will prevail except to the extent that we update Jove Club Member Rules on our Website and such inconsistency is solely in respect of Jove Club Member Rules on our Website, in which case the Website shall prevail.

(b) You must not:

(i) do or permit to be done anything which is illegal or which may be or become a nuisance, damage, behave recklessly, annoyance, inconvenience or disturbance to Jove Club or to other members;

(ii) do any act, matter or thing which would or might constitute a breach of any laws.

(c) You remain solely responsible for the safety of your belongings and property at any Events. For the avoidance of doubt, Jove Club shall have no liability whatsoever in relation to any irrecoverable loss or damage resulting from any failure by you to ensure the safety of your belongings and property.

(d) You must not damage any equipment or property at any Events (including but not limited to equipment or property owned or supplied by Jove Club, or third-party equipment and property) and you agree to indemnify us against any and all claims arising out of your breach of this clause.

(e) You must not:

(i) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Jove Club;

(ii) use the Website for any purpose other than the purposes of browsing, selecting or purchasing our goods and services available on the Website;

(iii) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(iv) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(v) use the Website with the assistance of any automated scripting tool or software;

(vi) act in a way that may diminish or adversely impact the reputation of Jove Club, including by linking to the Website on any other website; and

(vii) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(A) gaining unauthorised access to Website accounts or data;

(B) scanning, probing or testing the Website for security vulnerabilities;

(C) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(D) instigate or participate in a denial-of-service attack against the Website.

6 PAYMENT

6.1 FEES

(a) You must pay membership fees to us in the amounts specified on the Website for your Membership Tier, or as otherwise agreed in writing (Membership Fees).

(b) All Membership Fees must be paid in advance and are, subject to any consumer rights you may have, non-refundable for change of mind.

(c) Unless otherwise agreed in writing, the Membership Fees are due and payable on a recurring basis for the duration of your Membership, with the first payment being due on the Commencement Date and at the beginning of every Renewal Period thereafter.

6.2 GRACE PERIOD

If you fail to cancel your Membership prior to a Renewal Period and you are charged recurring charges, you have up to 10 Business Days from the date of that renewal to cancel your Membership by contacting us through our Website or via email to admin@thejoveclub.com. If you cancel your Membership within the Grace Period, please contact us via our Website or at admin@thejoveclub.com to request a refund for any recurring fees charged to you during the Grace Period.

6.3 LATE PAYMENTS

We reserve the right to suspend all or part of your Membership indefinitely if you fail to pay any Membership Fees in accordance with this clause 6.

6.4 AUTOMATIC PAYMENTS

(a) Your Membership will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel in accordance with this clause 6 .

(b) While your Membership is maintained, your Membership Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for your Membership.

(c) By signing up for a recurring Membership, you acknowledge and agree that your Membership has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Membership.

6.5 ONLINE PAYMENT PROVIDER

We may use third-party payment providers (Payment Providers) to collect payments including Stripe.com. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Stripe.com’s terms of use are available here: https://stripe.com/gb/checkout/legal. Stripe.com’s Services Agreement with us is available here: https://stripe.com/gb/ssa. Both sets of terms are binding on you.

6.6 FEE INCREASES

We reserve the right to increase the Membership Fees at any time after the period of your Initial Term has ended, by giving you a 30-day notice of such increase.

6.7 NON-REFUNDABLE FEES

Any unused period you would be entitled to if you cancel this Agreement prior to the expiration of the Term, is non-refundable.

7 THIRD PARTY TERMS

(a) Any service that requires Jove Club to acquire goods and services supplied by a third party on behalf of the Member (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(b) You agree to familiarise yourself with any Third Party Terms applicable to any such goods and services and, by instructing Jove Club to acquire the goods or services on your behalf, you will be taken to have agreed to such Third Party Terms.

8 LIABILITY AND INDEMNITIES

8.1 LIMITATION OF LIABILITY

(a) To the maximum extent permitted under applicable law, and without limiting any of the Member’s rights under applicable law, Jove Club shall not be liable to the Member in respect of any loss or damage the Member suffers in connection with this Agreement or the services contemplated under this Agreement, unless Jove Club has acted deliberately or negligently in causing that loss or damage. In no circumstances shall Jove Club be liable for any loss or damage until the Member gives Jove Club written notice of the loss or damage and gives Jove Club a reasonable opportunity to rectify the breach.

(b) Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.

(c) To the maximum extent permitted under applicable law, and without limiting any of the Member’s rights under applicable law, Jove Club’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:

(i) is excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits or loss of goodwill; and

(ii) is limited, insofar as it concerns other liability, to the total money paid to Jove Club under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

(d) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to performance or otherwise) not expressly stated in this Agreement are excluded.

(e) Nothing in this Agreement is intended to limit the operation of the applicable UK consumer laws.

9 INDEMNITY

The Member agrees to indemnify Jove Club from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) arising out of:

(a) any breach of this Agreement by the Member;

(b) any negligent, fraudulent or criminal act or omission of the Member; or

(c) an event, where circumstances giving rise to a claim, were caused or contributed to by the Member.

10 PRIVACY

(a) You agree to be bound by our Privacy Policy, which is available here.

(b) You consent to us taking images and recording video footage of you for the following purposes only:

(i) promotion of Jove Club and advertising the associated products and services; and

(ii) publication on social media platforms or in newspapers, in trade and other journals and on websites and the internet for the purposes of professional advancement, in accordance with our Privacy Policy.

(c) Please notify us by email at admin@thejoveclub.com if you do not wish footage or images of you to be taken or kept by us.

11 CANCELLATION

11.1 BY JOVE CLUB

(a) Jove Club may terminate this Agreement in whole or in part immediately by written notice to the Member if the Member is in breach of any obligations, terms or provision of this Agreement.

(b) If Jove Club has genuine concerns that any act or omission of the Member has or might reasonably have the effect of damaging the reputation of Jove Club, including without limitation due to violent or reckless behaviour at the Club, Jove Club may terminate this Agreement immediately by a notice to the Member.

11.2 BY THE MEMBER

You may terminate this Agreement and Your Membership at any time via the Website or by providing us with written notice (Termination Notice), and your Membership will terminate (subject to clause) upon:

(a) The expiry of the Initial Term, if you serve the Termination Notice prior to the end of the Initial Notice; or

(b) The expiry of the then current Renewal Period.

11.3 CONSUMER RIGHT TO CANCEL (COOLING OFF)

(a) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you can cancel your Membership within the first 14 days from when you sign up for Membership (Cooling Off Period) and receive a full refund of your Membership Fees paid.

(b) To cancel this contract under this right you need only cancel your Membership via the Website within the Cooling Off Period. Alternatively, you may notify us you wish to cancel in writing (within the Cooling Off Period) by email to admin@thejoveclub.com or via the Website.

(c) If you have requested us to provide any services during the Cooling Off Period, such as if you attend an Event included in your Membership, then any refund will be less the value of the services we have provided.

12 DISPUTES

12.1 DISPUTES BETWEEN MEMBERS

(a) We do not control and are not responsible for the actions of other Members or any other third parties. If a dispute arises between Members, we shall have no responsibility or obligation to participate, mediate or indemnify any party.

(b) You indemnify us against all claims, losses, costs, expenses, damages and liability arising out of or in connection with your Membership.

12.2 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

13 NOTICES

(a) A notice or other communication to a party under this Agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this Agreement, or if no email address is specified in this Agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this Agreement as at the date of this Agreement (“Email Address”). The parties may update their Email Address by a written notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent; or

(ii) when replied to by the other party, whichever is earlier.

14 GENERAL

14.1 GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non- contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

14.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

14.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

14.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

14.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

14.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

14.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

15 INTERPRETATION

In this Agreement, the following rules of interpretation apply:

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment, appendix or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments, appendices and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (currency) a reference to “£” or “pound” is to Great Britain currency;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (writing or written) includes email;

(k) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(l) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.