Effective as of November 19, 2014
Your use of the Web Site means that you agree that these Web Site Terms and Conditions legally bind you in the same manner that a signed, written, non-electronic contract does. You may not use the Web Site in any manner or attempt to access the Web Site if you do not agree to be bound and abide by these Web Site Terms and Conditions. Your continued use of the Web Site also means that you represent and warrant that you are able to enter into legally binding contracts. Your use of certain content and features offered through the Web Site may be subject to additional terms and conditions. By using such content and features, you also agree to be bound by such additional terms and conditions.
We reserve the right to change or modify these Web Site Terms and Conditions, or modify or discontinue any portion of the features and functionality provided through the Web Site, from time to time without notice to you. If we decide to change these Web Site Terms and Conditions, we will post such changes on the Web Site and such changes will be effective at such time. We reserve the right to modify or temporarily discontinue your access to the Web Site or parts thereof, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification of the Web Site, these Web Site Terms and Conditions, or your access to the Web Site.
For purposes of these Web Site Terms and Conditions, the term “Web Site” includes without limitation the publicly available content, materials and information (collectively, “Content”).
We grant you a limited, nonexclusive, nontransferable license, subject to these Web Site Terms and Conditions, to access and use the Web Site solely to view the Content for informational or transactional purposes, or to enter the contest. Any other use of the Content or the Web Site is expressly prohibited. All other rights in the Content and the Web Site are reserved by us and our licensors. We reserve all rights in the Web Site and you agree that these Web Site Terms and Conditions, do not grant you any rights in or licenses to the Web Site or the Content, except for this express, limited license. You will not otherwise copy, reproduce, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, communicate to the public by telecommunication, translate, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another Web Site, or in any other way exploit any of the Content or any other part of the Web Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Web Site or the Content (or any part of the Web Site or the Content) as part of any other web site or any other work of authorship without our prior written permission. If you violate any of these Web Site Terms and Conditions, your permission to access and use the Web Site may be immediately terminated in our sole discretion. In addition, we reserve the right to all remedies available at law and in equity for any such violation.
Although we intend to provide accurate and timely information on the Web Site, the Web Site (including without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Web Site is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Web Site are your sole responsibility and we shall have no liability for such decisions.
You are wholly responsible for any data you transmit to the Web Site (“Data”), whether such Data consists of pictures, art work, text, or other data types, such as audio, video, or multimedia. By uploading Data to the Website you represent and warrant to us that the Data does not violate or infringe upon the rights (including intellectual property, privacy, moral, image or publicity rights) of others. We have no obligation to monitor the Data. However, we reserve the right at all times to review the Data, to disclose the Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the Data, to remove the Data, and to refuse to perform any actions involving the Data that are, in our sole judgment and discretion (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Web Site Terms and Conditions.
As a condition of your use of the Web Site, you represent and warrant that you shall not use the Web Site for any purpose that is unlawful or otherwise prohibited by these Web Site Terms and Conditions. You will not submit any false, misleading or inaccurate information to us, by mail, phone, the Web Site or otherwise. You will abide by all applicable local, provincial, federal and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Web Site. By way of example, and not as a limitation, you will not use the Web Site to:
We have no obligation to monitor your use of the Web Site or retain the content of any of your sessions on the Web Site. However, we reserve the right at all times to monitor, review, retain and/or disclose any such information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
From time to time, the Web Site may contain references or links to third-party materials (including without limitation third party web sites) not controlled by us. We provide such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third party materials or on any third party web sites accessible or linked to the Web Site, including without limitation content, property, goods or services available on the linked web sites.
To access and use the Web Site, you must at, at your expense: (a) provide for your own access to the Internet and pay any service fees associated with such access; and (b) provide all equipment necessary for you to make such connection to the Internet, including without limitation a computer and modem or broadband Internet connection.
IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE FOLLOWING DISCLAIMER MAY NOT APPLY TO YOU. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEB SITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, STATUTORY, LEGAL OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE; THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEB SITE WILL BE SECURE; THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEB SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD OR USE ANY MATERIALS FROM THE WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY CONTENT ON THE WEB SITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, AVAILABILITY, TIMELINESS, RELIABILITY OR OTHERWISE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE WEB SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE WITHOUT LIMITATION DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, USES, PRODUCTS OR CONTENT AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Should you object to any terms or conditions of these Web Site Terms and Conditions or any subsequent modifications to these Web Site Terms and Conditions or become dissatisfied with any part of the Web Site in any way, your sole and exclusive remedy is to immediately: (1) terminate use of the Web Site; and (2) notify us in writing of your termination of your agreement to these Web Site Terms and Conditions. Upon expiration of the Term or termination of these Web Site Terms and Conditions, your license rights to the Web Site immediately cease. Acceptance of the Web Site Terms and Conditions shall mean agreement and acceptance to the condition that all provisions relating to indemnification, confidentiality, warranty disclaimers, limits of liability, choice of law, non-disclosure, equitable relief, and assignment shall survive the termination of the Web Site Terms and Conditions.
You agree to indemnify, defend and hold harmless us and our respective affiliates and subsidiaries, and our officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including without limitation reasonable lawyer’s fees and court costs, arising or resulting from your violation of these Web Site Terms and Conditions, any applicable laws, or your violation of any rights of a third party. If you cause a technical disruption of the Web Site or the systems transmitting the Web Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including without limitation reasonable lawyer’s fees and court costs, arising or resulting from that disruption.
You agree that any action at law or in equity arising out of or relating to these Web Site Terms and Conditions, the Web Site or the Content shall be filed, and that venue properly lies, only in state or federal courts located in the City of Toronto, Ontario, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that the Web Site, or any Content used in connection therewith, is appropriate or available for use in any particular location. Those who choose to access the Web Site do so on their own initiative and are responsible for compliance with all applicable laws, including without limitation any applicable local laws.
These Web Site Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law, and the federal laws of Canada applicable therein. The United Nations Convention on the International Sale of Goods shall not apply to these Web Site Terms and Conditions or any products or services provided under these Web Site Terms and Conditions.
If any provision of these Web Site Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Web Site Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Web Site Terms and Conditions by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Web Site Terms and Conditions shall not constitute a waiver of such right or provision.
You agree to comply with all applicable export, import land sanctions law and regulations. Without limiting the generality of the foregoing, the supply of goods, services and software through the Web Site may be subject to United States and Canadian export control and economic sanctions requirements. By acquiring any such items through the Web Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.
You acknowledge that we may use a third party service provider, agent or affiliate to assist with the supply of goods and services regarding this Website. You agree that in the event such service provider cannot or will not process any transaction or supply any goods or services referred to it by us by reason that such service provider may suffer legal and/or reputational risks, or that such service provider may, by doing so, violate any law, regulation, rule or internal policy applicable to it if it completes such transaction or supplies such goods or services, then notwithstanding any other provision of these Web Site Terms and Conditions, such enrollment or supply will not be completed and we will have no liability in respect of any such incomplete enrollment or transaction.
(Not applicable to Quebec consumers) To the fullest extent permitted by applicable law, any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to the Web Site, these Web Site Terms and Conditions, usage of the Web Site, or transactions made using the Web Site, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.
We will pay the initial filing fee to commence the arbitration.
You and we will have every remedy available in arbitration as you and we would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator. The arbitrator’s award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This arbitration provision shall survive: (i) the termination of this Agreement and (ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, IMMEDIATELY CLOSE THE WEB SITE AND TERMINATE ALL OF YOUR ACCESS TO AND USE OF THE WEB SITE AND THE CONTENT.
You acknowledge that any use or threatened use of the Web Site or Content in a manner inconsistent with the terms and conditions included in these Web Site Terms and Conditions shall cause immediate irreparable harm to us for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that we shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. Nothing contained herein shall limit our right to any remedies at law, including without limitation the recovery of damages from you for breach of these Web Site Terms and Conditions, as applicable.
You will not assign (including without limitation by operation of law, change of control or otherwise) your rights or licenses to the Web Site provided under these Web Site Terms and Conditions, either in whole or in part, without our prior written consent, and any attempted assignment contrary to the foregoing will be void and have no effect. We may assign all or a portion of our rights under these Web Site Terms and Conditions without notice to or consent from you.
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including without limitation any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
The section titles in these Web Site Terms and Conditions are for convenience only and have no legal or contractual effect.
The parties hereto have expressly requested that these Web Site Terms and Conditions be drafted in English. Les parties aux présentes ont expressément requis que les présentes Conditions d’utilisation du site Web soient rédigées en langue anglaise.
If you have any questions or comments regarding the Web Site or these Web Site Terms and Conditions, please contact us by writing to:
InComm Canada Prepaid, Inc.
7025 Langer Drive