This website ("Site") is provided to you by Blockbuster Canada Co. ("Blockbuster"). Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. Blockbuster may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use. All use of the BLOCKBUSTER® membership card (or cards, if multiple cards are issued on the same account) is subject to the following terms and conditions: The membership card is the property of Blockbuster Canada Co. ("Blockbuster," "we" or "us") and any unauthorized use, transfer or destruction is strictly prohibited. Membership and membership card may not be exchanged for cash or sold. Membership card must be surrendered upon request. The BLOCKBUSTER member ("Member") must notify their BLOCKBUSTER store immediately by telephone or in writing if membership card is lost or stolen. Member is responsible for all use of the card prior to Blockbuster's receipt of the notice of loss or theft. Failure to notify your BLOCKBUSTER store of the loss or theft of your card may result in the posting of charges to the credit card account supplied by you. If no credit card was provided then we may submit charges in your name to a third party collection agency. RENTAL TERMS Movie and game rentals are due back at 12:00pm (noon) on the date stated on the transaction receipt. Blockbuster Canada Co. (“Blockbuster”) may refuse rental of items on any account that is not in good standing, including (without limitation) accounts with outstanding balances. Participating stores only. Additional membership rules may apply for rentals. 2-Night Movie Rentals: 2-Night Movie Rentals have an initial 2-night rental period (each a “2-Night Movie Rental Period”), which will end at 12:00pm (noon) on the date printed on the transaction receipt. For each night a member chooses to keep the 2-Night Movie Rental following expiration of the initial 2-Night Movie Rental Period, the member will be charged an additional nightly movie rental rate (each, a “Nightly Movie Rental Rate”). If the member chooses to keep a 2-Night Movie Rental for more than seven (7) nights following the expiration of the initial 2-Night Movie Rental Period, Blockbuster will convert the movie rental to an automatic sale (“AutoSale”) and on the eighth (8th) night following expiration of the initial 2-Night Movie Rental Period, charge the movie’s AutoSale price to the credit or check card on file or the membership account, as applicable, subject to the return policy set forth below. 7-Night Movie Rentals: 7-Night Movie Rentals have a 7-night rental period (“7-Night Movie Rental Period”), which will end at 12:00pm (noon) on the date printed on the transaction receipt. No additional rental charge will be applied if a member chooses to keep a 7-Night Movie Rental for up to an additional seven (7) nights following expiration of the initial 7-Night Movie Rental Period. If a member chooses to keep a 7-Night Movie Rental for more than seven (7) nights following the expiration of the initial 7-Night Movie Rental Period, Blockbuster will convert the movie rental to an automatic sale (“AutoSale”) and on the eighth (8th) night following expiration of the initial 7-Night Movie Rental Period, charge the movie’s AutoSale price to the credit or check card on file or the membership account, as applicable, subject to the return policy set forth below. Game Rentals: All Game Rentals have an initial 7-night rental period (the “Initial Game Rental Period”), which will end at 12:00pm (noon) on the date printed on the transaction receipt. For each night a member chooses to keep the Game Rental following the expiration of the Initial Game Rental Period, the member will be charged an additional nightly rate (each, an “Additional Nightly Rate”). If a member chooses to keep the Game Rental for more than seven (7) nights following the expiration of the Initial Game Rental Period, Blockbuster will convert the Game Rental to an automatic sale (“AutoSale”) and on the eighth (8th) night following expiration of the Initial Game Rental Period, charge the game’s AutoSale price to the credit or check card on file or the membership account, as applicable, subject to the return policy set forth below. AutoSale Price: AutoSale Price: The “AutoSale price” means the price, at the time of rental, for either the previously rented product or the new retail product (whichever is lower), as charged by that BLOCKBUSTER® store for the product, if the product is available for sale as previously rented product at that BLOCKBUSTER store at the time of rental. If the product is not available for sale as previously rented product at that BLOCKBUSTER store at the time of rental, then the “AutoSale price” will be the new, retail price charged by that BLOCKBUSTER store for the product at the time of rental. AutoSale Return: If a member returns the product within thirty (30) nights of the AutoSale, the member will receive a credit back in the amount of the AutoSale price, less a one-time $1.75 restocking fee per rental item. PLEASE NOTE: For all 2-Night Movie Rentals and all Game Rentals, if an AutoSale is reversed (as described above), the member will be credited back for the AutoSale price, less a one-time $1.75 restocking fee per rental item, but the member remains responsible for all accrued Nightly Movie Rental Rates (for 2-Night Movie Rentals) or Additional Nightly Rates (for Game Rentals) incurred prior to the AutoSale. A member is responsible and guarantees payment (including sales and other taxes) for all items rented through the use of the membership card, whether or not such use is authorized by the member. The member agrees that Blockbuster may pursue all avenues of collection, including the use of collection agencies, and authorizes Blockbuster to prepare and submit credit or charge card slips using any of the credit or charge card accounts supplied by the member. A member is responsible for all costs of collection, including reasonable legal fees. A member is responsible for returning rental items to the same BLOCKBUSTER store where they were rented. Blockbuster may change these Rental Terms or any of its Terms and Conditions at any time, and from time to time, without prior notice. BLOCKBUSTER REWARDS® Membership in BLOCKBUSTER Rewards® is valid for one (1) year from the date of purchase and is not transferable. Program Changes and Availability: BLOCKBUSTER may change the BLOCKBUSTER Rewards program rules, regulations, rewards and special offers at any time without prior notice. BLOCKBUSTER reserves the right to end the BLOCKBUSTER Rewards program with three (3) month’s prior notice. BLOCKBUSTER Rewards is available at all participating BLOCKBUSTER stores in Canada, however, certain promotions or offers may be unavailable in some regions. Void where prohibited by law. Mailings with free coupons and other exclusive offers are an integral part of the BLOCKBUSTER Rewards membership. Our way of providing you with such offers is through mail and email, hence when you join BLOCKBUSTER Rewards you will be deemed to have opted-in to receive regular communications from BLOCKBUSTER®. Monthly Rental Activity: Paid New Release rentals that contribute toward earning free rentals may not be transferred or combined with another account. Rentals paid for during a calendar month may not be applied to any other month’s earning period. You have the remainder of the current month in which the membership is purchased plus all of the following month for your first earning period. Earned Free Rentals: Free rentals earned during any month are valid at any participating BLOCKBUSTER store in Canada, until the end of the following month. Members are responsible for any restocking fees and or taxes associated with a free rental. Earned free rental credits have no cash value and may not be used for payment of restocking fees or to pay for any outstanding balances owed on an account. $5 Rewards E-coupon: To take advantage of this membership benefit, a valid email address is required as coupons are only distributed via email. BLOCKBUSTER GIFTCARDS ™ Membership rules apply for rental. GiftCards may not be used to purchase GiftCards. GiftCards are redeemable at participating stores. The purchase of GiftCards on this Site is subject to the Terms and Conditions of purchase. Click here for more GiftCard details. PERSONAL DISC REPAIR Submitting any digital disc to BLOCKBUSTER® for processing, repairing, storage or other handling constitutes an agreement that any damage or loss to any disc while in Blockbuster's possession or resulting from the acts of Blockbuster, its affiliates or agents, even if caused by negligence or other fault will entitle only to reimbursement of the $3.99 processing fee. Disc repair services are not guaranteed. Except for the exclusive remedy of reimbursement of the $3.99 processing fee, the handling of a digital disc is without warranty or liability. Blockbuster is not liable for direct, indirect, incidental or consequential damages. Blockbuster is not responsible for digital discs left over 30 days. Digital disc left over 30 days will be disposed of or destroyed. A Blockbuster membership is not required to repair a disc. PRIVACY POLICY BLOCKBUSTER's use of Member's personal information is governed by BLOCKBUSTER's Privacy Policy. Click here for full details. YOUTH RESTRICTED VIEWING POLICY BLOCKBUSTER®'s policy is to refuse the rental or sale of "R" rated movies or "M" rated games or other products designated as restricted, to youths under the age of 18. Additionally, BLOCKBUSTER® offers a service known as Youth Restricted Viewing. This service aims at helping parents control what their children watch on their own by identifying movies that may not be suitable for minors. Although not restricted by the appropriate rating board, parents may choose to not allow their children to rent such products on their own. To apply this program to a member account, simply ask one of our Customer Service Representatives. TRADING 1. A Trading Authorization must be completed by the primary account holder on the BLOCKBUSTER® membership prior to trading, at each participating BLOCKBUSTER store where the primary account holder wishes to activate an account for trading. Each authorized trader must be a BLOCKBUSTER member or an authorized renter on a BLOCKBUSTER membership account. 2. By signing the Trading Authorization, the primary account holder is giving permission to those authorized renters designated as authorized traders, including minors, to trade DVD, Blu-ray and Game software ("goods") on his/her BLOCKBUSTER membership account. The primary account holder who is signing the Trading Authorization must be the parent or legal guardian of any authorized trader on the account who is a minor. Trading by minors is not allowed where prohibited by law. 3. Only those authorized renters who are designated as authorized traders on an account may trade. 4. The primary account holder is solely responsible and liable for all goods traded on his/her account whether the trade was conducted by the primary account holder or an authorized trader. 5. DVD, Blu-ray and Game software titles eligible for trade will be determined by BLOCKBUSTER in its sole discretion and may vary from store to store. BLOCKBUSTER may elect not to accept a particular title (including game software titles for a particular game platform) or an individual copy of a particular title for any reason, including, without limitation, suitability of title for resale by BLOCKBUSTER, inventory needs, or the condition of any individual product or packaging. BLOCKBUSTER will not trade or buy back accessories or equipment at this time. 6. Only commercially released DVD and Blu-ray products with original cover art and commercially released game software for select game platforms are eligible for trade. No screeners, promotional, or demonstration copies accepted. 7. The trading buy back price shall be at the sole discretion of BLOCKBUSTER. Prices are subject to change at any time and from time to time. 8. All trades are FINAL and cannot be reversed. BLOCKBUSTER will not return specific goods traded. 9. Trades are limited to (a) two copies of the same DVD or Blu-ray title per membership account per day and (b) one copy per game platform type of the same game software title per membership account per week. BLOCKBUSTER may further limit number of copies of a title and overall number of goods accepted in a trade transaction or from a member or authorized trader without advance notice, in its sole discretion. 10. Store credit will be given for all trades. No cash will be given. The member or authorized trader conducting the trade may elect to (a) apply the store credit to the primary account holder's BLOCKBUSTER account ("account credit"), (b) if the store credit amount is $5.00 or more, apply the store credit to a BLOCKBUSTER Gift Card ("Gift Card"), or (c) split the store credit between account credit and a Gift Card. 11. Account credit is not transferable and is only available on the primary account holder's BLOCKBUSTER account at the store where the trade was conducted. Account credit will be applied to any outstanding balance on the primary account holder's BLOCKBUSTER account, and is available for use by the primary account holder and all authorized renters. 12. A Gift Card can be used at any participating BLOCKBUSTER store location towards the purchase or rental of any eligible merchandise or payment of any outstanding balance on a BLOCKBUSTER account up to the remaining value of the Gift Card. Gift Cards are not redeemable for cash, and will not be replaced if lost, destroyed or stolen. Use of a Gift Card constitutes acceptance of its terms and conditions including expiration, where applicable (see back of Gift Card for specific terms and conditions of use). 13. Trading is only available at participating BLOCKBUSTER stores. Purchase Limits Purchases of the same DVD, Blu-ray or Game title, regardless of platform, are limited to five (5) copies per Member and/or account within any consecutive 90-day period. Purchases of game hardware systems, regardless of platform, are limited to five (5) units per Member and/or account within any consecutive 90-day period. This limit applies to all new and used product (including pre-sale and pre-orders) and any combination of those groups. This purchase limit is in addition to all previously communicated same title purchase limits, both daily and cumulative, and applies to all new or used promotional offers for DVD, Blu-ray and Game product; including but not limited to pre-sales/pre-order promotions, bundle promotions (e.g., 3 Previously Viewed DVDs for $25), specific percent off promotions (e.g., 25% Off all Pre-owned Games), discounted contingent pricing (e.g., buy a select title and receive your choice of different select set of titles for a discounted price) and Buy One/Two, Get One Free offers. Trade Limits BLOCKBUSTER accepts most titles, however does not accept any movie with explicit sexual content suitable only for adults, and does not accept AO-rated games. Types of products eligible for trade may vary by store. Trade offer is for personal use only and is not available to other retailers, dealers, or wholesalers. In order to enforce the foregoing, BLOCKBUSTER reserves the right to limit total quantities traded per Membership account in our sole discretion, without prior notice. BLOCKBUSTER strictly enforces applicable Provincial and local laws, including any restrictions on sales to minors, and requirements for government issued Photo ID. Certain Provincial/Local laws may require disclosure by us to designated law enforcement agencies of transactions, including personal information. All trade transactions are final upon completion and subject to the Trading Authorization and Trading Terms and conditions. ESRB RATINGS For information on how to check Game ratings, click here. Reliance on Information This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Blockbuster's sole discretion. Changes to the Site Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site. Changes to Terms and Conditions of Use Blockbuster may at any time, and at its sole discretion, modify these Terms and Conditions of Use, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site. Links This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Blockbuster or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites. Your Obligations Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (a) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to individuals or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address). You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information not belonging to you including personal information belonging to minors. To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass others; or (d) engage in any Internet activities that would violate the privacy rights of others, including but not limited to, collecting, using and disclosing information about Internet users without their permission, except as permitted by applicable law. To the extent that any of the following activities materially interfere with this Site or the network and systems of a Blockbuster service provider ("Third Party Services"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site or the Third Party Services; (b) use Internet Relay Chat (IRC) bots or other programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or the Third Party Services or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the or servers or networks connected to this Site or the Third Party Services; (f) use this Site or the Third Party Services to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, the Third Party Services, or another entity, or obtain or bypass others' passwords; or (h) engage in denial of service attacks, or take actions designed to impair network access by flooding a site or the Internet with useless traffic. You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise Blockbuster of any unauthorized use of your password. Ratings, Reviews, Tips, and Other Content You are welcome to post ratings, reviews, tips and other material (collectively your "Content") to this Site so long as you comply with the above-listed obligations and restrictions. In addition, in submitting such Content, you agree to limit yourself to the subject matter of the particular movie or game about which the Content is offered. Blockbuster does not endorse, and takes no responsibility and assumes no liability for, any Content posted by you or any third party. Blockbuster reserves the right (but not the obligation) to remove, restrict, or edit such Content, but does not regularly review posted Content. If you post Content, you grant Blockbuster and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use worldwide, irrevocable, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. Intellectual Property The materials displayed on or contained within this Site including, without limitation all software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trade-marks and service marks (the "Materials"), are the property of Blockbuster, Blockbuster Inc. or its licensors and are protected by copyright, trade-mark and other intellectual property laws. BLOCKBUSTER name, design and related marks are trade-marks of Blockbuster Inc.© 2005 Blockbuster Inc. All rights reserved. Blockbuster hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, republish, modify, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) without express prior written consent of Blockbuster. Use of Materials is only permitted with the express written permission of Blockbuster and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. This provision shall survive the termination of your right to use this Site. Disclaimer of Warranties THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. BLOCKBUSTER MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE, LINKS, TOOLS, TIPS, PRODUCTS AND SERVICES OFFERED OR CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, BLOCKBUSTER DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. Limitation of Liability IN NO EVENT SHALL BLOCKBUSTER, ITS AFFILIATES, BLOCKBUSTER FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT BLOCKBUSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE. Indemnification You agree to indemnify and hold harmless Blockbuster and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site. Termination Blockbuster may at any time and at its sole discretion terminate your right to use this Site. Governing Law These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time. This provision shall survive the termination of your right to use this Site. Dispute Resolution All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claim"), will be referred to and determined by arbitration. To the extent permitted by applicable laws, you agree to waive any right you may have to commence or participate in any class action against Blockbuster related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Blockbuster. If you have a Claim, you should give Blockbuster a written notice to arbitrate at Blockbuster Canada Co., Attn: Chief Financial Officer, 401 The West Mall Suite 1100, Toronto, Ontario, M9C 5J5. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and Blockbuster agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate. This provision shall survive the termination of your right to use this Site. General Except for the Terms and Conditions of Purchase which govern all orders made through this Site and the Membership Rules which apply to all dealings between members and Blockbuster, these Terms and Conditions of Use constitute the entire agreement between you and Blockbuster with respect to your use of this Site and supercede all previous agreements, understandings and representations relating thereto. In the event of an inconsistency between these Terms and Conditions of Use and the Membership Rules, these Terms and Conditions of Use shall prevail. In the event of an inconsistency between these Terms and Conditions of Use and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall prevail. No failure by Blockbuster or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms and Conditions of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This provision shall survive the termination of your right to use this Site.