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Irrevocable and unconditional submission to Ontario courts means merchants outside Ontario—including elsewhere in Canada and the United States—must litigate in a foreign jurisdiction, raising the cost and complexity of any legal action.
Interpretive note: The clause name specifies this provision applies to US and Canada merchants, but that geographic limitation does not appear in the provided excerpt. The canonical claim reflects only the text of the excerpt.
Merchants cannot bring or defend claims related to the Terms of Service in any court other than the courts of the Province of Ontario.
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The Parties will initiate any lawsuits in connection with this Agreement in Toronto, Ontario, Canada, and irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting therein.
it shall be adjudicated exclusively by the state and federal courts located in San Francisco County, California.
Any dispute not subject to arbitration and not initiated in small claims court may be brought by either party in a court of competent jurisdiction in either the Superior Courts for the State of California...or in the United States District Court for the Northern District of California.
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"The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service.— Excerpt from Shopify's Shopify Terms of Service
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Irrevocable and unconditional submission to Ontario courts means merchants outside Ontario—including elsewhere in Canada and the United States—must litigate in a foreign jurisdiction, raising the cost and complexity of any legal action.
Merchants cannot bring or defend claims related to the Terms of Service in any court other than the courts of the Province of Ontario.
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