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Website Terms of Use

Website Terms and Conditions of Use

Last updated: October 22, 2018

Agreement to Terms of Use and Ownership of Site

These Terms and Conditions of Use (the “Terms of Use”) apply to the websites located at xplornet.com and xploremobile.ca, and all associated sites of Xplornet Communications Inc., including its division Xplore Mobile (collectively, the “Site”). The Site is the property of Xplornet Communications Inc. (“Xplore Mobile“). By accessing the Site, you agree to these Terms of Use“ which constitute an agreement between you and Xplore Mobile and govern the relationship between you and Xplore Mobile with respect to your use of the Site. “You” and “your” refer to users of the Site. If you do not agree to the Terms of Use, do not use the Site.

Xplore Mobile reserves the right, at its sole discretion, to change, add or remove portions of the Terms of Use, at any time and from time to time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to the Terms of Use will mean that you accept and agree to the changes. Provided that you accept and comply with the Terms of Use, Xplore Mobile grants you a personal, non-exclusive, non-transferrable, limited permission to enter and use the Site, subject to the conditions and limitations set out below.

Content

All material on the Site, including but not limited to text, comments, messages, information, data, graphics, interfaces, articles, trade-marks, logos, button icons, photographs, images, illustrations, artwork, sounds, music, audio clips, video clips, links, digital downloads, data compilations, software, code and the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing (collectively, the “Content“) is proprietary and is owned, controlled by, or licensed to Xplore Mobile and is protected by all applicable laws and rights, including but not limited to copyright, trade-mark and other intellectual property, proprietary rights and unfair competition laws.

The “XPLORNET” and “XPLORE” names and related logos, marks, designs, images, slogans, product names, service names and other indicia are trade-marks of Xplornet Communications Inc., its affiliates or licensors. You must not use such marks without the prior written permission of Xplore Mobile. Other company names, logos, marks, designs, images, slogans, product names, service names and other indicia mentioned or which appear on this Site are or may be the trade-marks of their respective owners. Use of any such property, except as expressly authorized, constitutes a violation of the rights of the property owner and may be a violation of federal or other laws and could subject you to legal action.

Nothing contained on the Site should be considered as granting, by implication, estoppel, or otherwise, any licence or right to use any Content except as expressly set forth herein. Content on the Site is made available solely for your lawful, personal, non-commercial use and may not be copied, reproduced, published, republished, modified, mirrored, uploaded, posted, displayed, encoded, translated, adapted, transmitted, distributed or communicated in any form or in way, including by e-mail or other electronic means, or stored in any computer, server, website or retrieval system of any nature in any way, other than as set out in these Terms of Use without the express prior written consent of Xplore Mobile or such third party that may own such Content in each instance. You agree to abide by all copyright and other proprietary notices, information and restrictions contained in the Content and any other material accessed through the Site.

You may use Content that is information on Xplore Mobile services and products (such as package information, knowledge base articles, and similar materials) intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you (a) keep intact and abide by any and all copyright and other proprietary notices, information and restrictions that may appear on such Content, (b) do not share, post or make accessible such Content on any networked computer or broadcast of any sort, (c) make no modification to such Content and (d) do not make any claims, representations or warranties with respect to such Content. You agree that you do not acquire any right, title or interest in any downloaded Content.

Purchases – Other Terms and Conditions

Additional terms and conditions may apply to purchases of services or goods and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Xplore Mobile’s obligations, if any, with regard to its services and products are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Xplore Mobile may make changes to any services or products offered on the Site, or to the applicable prices for any such services or products, at any time, without notice. The materials on the Site with respect to services and products may be out of date, and Xplore Mobile makes no commitment to update the materials on the Site with respect to such services and products.

Use of the Site

The information on the Site is for informational purposes only. You agree that you will use the Site and any Content solely for your personal, lawful purposes and that you will not use any Content or the links to this Site in any claims, proceedings, suits or actions against Xplore Mobile, its suppliers, service providers,, partners, licensors, dealers, representatives, associates or affiliates and each of their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Xplore Mobile Parties”). You will not:

  • post, upload, publish, display, encode, reproduce, transmit or otherwise distribute or disseminate User Content (as defined below) on the Site: that (i) is knowingly false, fraudulent, defamatory, discriminatory based on any prohibited ground, inaccurate, misleading, abusive, vulgar, obscene, profane, hateful, harassing, bullying, violent, exploitative, sexually oriented, threatening or invasive of one’s privacy, or otherwise objectionable; (ii) constitutes or encourages conduct that would constitute a criminal offence or violation of any law or give rise to civil liability; (iii) is protected by copyright, trade-mark or other intellectual property or proprietary rights law or right or derivative works thereof, without obtaining permission of the rights holder; (iv) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (v) solicits passwords, personal information, funds, goods or services or otherwise solicits information for commercial or unlawful purposes; (vi) gives the impression that such User Content originates from or is endorsed by Xplore Mobile or any other person or entity, if this is not the case; or (vii) contains advertising or otherwise promotes participation in any commercial activity;
  • restrict, inhibit or interfere or attempt to restrict, inhibit or interfere with any other user from using and enjoying the Site or Content (for example, by means of hacking or defacement);
  • post, transmit or otherwise introduce to the Site or expose the Site or any other user to any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse, logic bomb, malware (including ransomware) or other harmful, disruptive or deleterious component (“Malware”);
  • utilize any deep-link, page-scrape, robot, spider, site search/retrieval application or any other manual or automated program, algorithm, methodology, technique or similar or equivalent process to scrape, index, data mine, access, copy or monitor any portion of the Site or Content or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
  • attempt to gain unauthorized access to any Content, any portion or feature of the Site, or any other systems or networks connected to the Site or to any Xplore Mobile server, or to any of the services offered on or through the Site, by hacking, password mining, breaching or circumventing any security or authentication measures, or any other illegitimate means;
  • probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
  • attempt to access, reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Xplore Mobile, including any Xplore Mobile account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Xplore Mobile’s systems or networks, or any systems or networks connected to the Site, including any denial of service attack;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
  • forge headers or protocol messages or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site;
  • engage in any conduct that impersonates or attempts to impersonate any person, licensed professional, business or entity, including Xplore Mobile and its employees and agents (including, without limitation, by using email addresses, or screen names associated with any of the foregoing); or
  • otherwise use the Site or the Content in a way that is contrary to law or prohibited by these Terms of Use, or which could adversely impact Xplore Mobile, the proper working of the Site or use of the Site, the Content or the Internet by other users.

Xplore Mobile reserves the right to bar any such activity. Xplore Mobile reserves the right (but not the obligation) at its sole discretion to suspend or terminate your access to the Site without notice upon a violation or attempted violation of the Terms of Use or for any other reason. You remain solely responsible for your User Content, and you agree to indemnify and hold harmless the Xplore Mobile Parties with respect to any claims, liabilities, losses, expenses, damages and costs, including reasonable legal fees, based upon your User Content.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account, including as a result of your failing to keep this information secure and confidential. You agree to promptly notify Xplore Mobile immediately after you become aware of any unauthorized use of your account or password, or any other breach of security and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. You may be held liable for losses incurred by Xplore Mobile or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

Your account is personal to you, and you agree that you will not permit any other person to use your password or account to access the Site or any Content. You may not use anyone else’s password or account at any time. Xplore Mobile cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

Privacy

Xplore Mobile’s Privacy Policy, as it may be updated from time to time, applies to the use of this Site and its terms are made part of these Terms of Use by reference. You can review Xplore Mobile’s Privacy Policy at www.xploremobile.ca/privacy. You hereby consent to the collection, use, maintenance and disclosure by Xplore Mobile and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Policy. Xplore Mobile’s use of customer information is also subject to applicable terms and conditions including those contained in Xplore Mobile’s Agreement for services, including the Terms of Service incorporated therein, (as amended from time to time). Copies of the foregoing documents are available at www.xploremobile.ca. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others despite the use of safeguards such as encryption.

Linked Sites

The Site may contain links to other websites maintained by third parties that are not under the control of Xplore Mobile (“Linked Sites”). Xplore Mobile is not responsible for and makes no representations or warranties concerning the contents of any Linked Site, any information collection, use or disclosure practices through a Linked Site or any link contained in a Linked Site. It is your responsibility to verify any information contained within a Linked Site before relying on it. Also, the information contained in a Linked Site may be changed or updated at any time without notice. Xplore Mobile provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Xplore Mobile of the Linked Sites. Your use of Linked Sites is at your own risk and may be subject to terms and conditions (including any applicable privacy policy or statement) contained in the Linked Sites, which you should locate and review. In addition, the inclusion of any information, material, content or links on the Site should not be construed as an express or an implied endorsement of any third party products or services.

User Content

By posting or uploading to the Site any form of material, content or information, including without limitation text, comments, messages, information, data, graphics, interfaces, articles, trade-marks, logos, button icons, photographs, images, illustrations, artwork, sounds, music, audio clips, video clips, links, digital downloads, data compilations, software and code (collectively “User Content“), you (a) represent and warrant that you own all rights or have obtained all third party consents, waivers, permissions or licenses with respect to your User Content and that neither you nor any third party will object to the use of your User Content by Xplore Mobile in any manner; (b) consent to your name, address or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the Site as applicable and to the disclosure or display of such information and any other information which appears in or is associated with your User Content; (c) acknowledge and agree that Xplore Mobile is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you may claim to be yours; and (d) acknowledge and agree that any User Content that you provide for display on the Site will be considered non-confidential. Xplore Mobile has no obligation to review User Content and Xplore Mobile is not responsible for User Content in any way. However, Xplore Mobile reserves the right in its sole discretion to monitor, review, retain, delete, edit, refuse to transmit, move or remove User Content, in whole or in part, whether or not it is in violation of the provisions of the Terms of Use without notice to you.

You waive and hold harmless the Xplore Mobile Parties from any and all claims resulting from any action taken by the Xplore Mobile Parties relating to any investigations by either the Xplore Mobile Parties or by law enforcement or other competent authorities.

As a condition of submitting any User Content, you hereby (i) grant to Xplore Mobile and its successors, licensees and assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to (A) use, reproduce, modify, adapt, publish, translate, exploit, distribute, perform, display, communicate, disclose and sublicense any and all User Content submitted by you to Xplore Mobile or the Site or to incorporate such User Content in other works regardless of form, medium or technology and (B) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the User Content, in each case including the right to exploit any copyright, trade-mark or other intellectual property or proprietary rights in such User Content, (ii) absolutely and irrevocably waive all moral rights or other rights of authorship of any nature, throughout the world, including any rights of attribution or integrity, in respect of any such User Content and (iii) agree to execute and deliver such further documents and do such further acts and things as Xplore Mobile may request for the purpose of giving effect to the foregoing. If you post User Content to any part of the Site, you understand and agree that anyone with access to the Site will be able to access, use or disclose any information that you include in any such User Content (including, without limitation, any personal information such as your name, address or e-mail address). If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the Site. You understand and agree that you are fully responsible for your User Content and Xplore Mobile shall not be liable to you or to any third party for any access to, use of or disclosure of any information you include with or in any User Content, for any or no reason.

Disclaimers

The Site and the Content are provided to you “as is” and “as available”. You understand and agree that, to the maximum extent permitted by applicable law, your use of the Site and the Content are at your own risk. Xplore Mobile makes no representations or warranties regarding how often the Site or the Content will be updated, if at all. Xplore Mobile assumes no responsibility to you or any third party for any errors or omissions of any kind in or relating to the Site or Content and disclaims all representations, warranties and conditions of any kind, express or implied, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose and title and non-infringement. Xplore Mobile disclaims any and all liability for the acts, omissions or conduct of any third parties in connection with or related to your use of the Site. The Xplore Mobile Parties do not make any representations or warranties as to availability, security, suitability, currency, correctness, accuracy, timeliness, reliability, truthfulness or completeness of the Site or the Content. The Xplore Mobile Parties do not make any representations or warranties that operation of the Internet or the Site or access to and use of the Site or Content will be uninterrupted, error free or free from defects, Malware or other harmful components.

Xplore Mobile assumes no responsibility and shall not be liable for any damages by malicious programs including Malware or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of, browsing or downloading any Content, User Content or the Site. To the fullest extent provided by law, Xplore Mobile will not be liable for any loss or damage caused by denial of service attack, distributed denial of service attack, overloading, flooding, mailbombing or crashing, Malware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items found or attained through the Site or to your downloading of any material posted on it, or on any website linked to it.

Xplore Mobile reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any or no reason; (2) to modify or change the Site, or any portion of the Site, or any Content, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Xplore Mobile will not be liable if for any reason at all any part of the Site or Content is restricted to users, inoperative or unavailable at any time or for any period.

Limitation of Liability

Under no circumstances, including but not limited to negligence, gross negligence, negligent misrepresentation or fundamental breach, shall the Xplore Mobile Parties be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive or other claims, liabilities, losses, expenses, damages or costs (including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data) that results directly or indirectly from the access, use or download or the inability to access, use or download the Site, Content, User Content or any Linked Sites or the transmission of confidential or sensitive information over the Internet or the reliance on any of the foregoing. These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that the Xplore Mobile Parties shall not be liable for any defamatory, offensive, unlawful or illegal conduct of any user, including you. If, notwithstanding the other provisions of these Terms of Use, an Xplore Mobile Party is found to be liable for any damage or loss which arises out of or is in any way connected with the Site, Content, User Content or any Linked Sites, the transmission of confidential or sensitive information or the conduct of any user, including you, such Xplore Mobile Party’s liability shall in no event exceed CAD$100.

Some jurisdictions do not allow limitations of liability, and in such situations, the foregoing limitation may not apply to you.

Monitoring

Xplore Mobile is under no obligation to monitor the Site and assumes no responsibility or liability should any Content or User Content be modified or altered in any way without Xplore Mobile’s consent. However, you agree that Xplore Mobile has the right to, without notice or liability (i) monitor use of the Site and monitor, review, retain, delete, edit, refuse to transmit, move or remove any Content or User Content, in whole or in part, without notice to you at its sole discretion and (ii) disclose to third parties any Content, User Content or information associated with the Site or about you or your use of the Site if Xplore Mobile believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce the Terms of Use or other Xplore Mobile user terms, policies or guidelines, comply with any laws or regulations or order of a court or administrative tribunal, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. Xplore Mobile reserves the right in its sole discretion to issue any response it considers appropriate if Xplore Mobile becomes aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property or other proprietary rights.

Indemnification

You agree to indemnify, defend, and hold harmless the Xplore Mobile Parties from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable legal fees, resulting from or arising in connection with (a) any act or omission by you or users of your account or password, (b) any violation by you or users of your account or password of the Terms of Use, (c) your access, use or downloading of the Site, Content, User Content or Linked Sites, (d) the placement or transmission of any User Content by you or users of your account, or (e) your breach of these Terms of Use. Xplore Mobile reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.

Non-Waiver

Xplore Mobile’s failure or delay in insisting upon or enforcing strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rights. No waiver of any provision of these Terms of Use shall constitute a waiver of any other provision, nor shall any waiver of any provision of these Terms of Use constitute a continuing waiver unless expressly made in writing by Xplore Mobile.

Governing Law

The Site is administered and operated in Ontario, Canada and is intended solely for use in Canada. The Terms of Use are entered into in the Province of Ontario and shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario or any other judicial district or jurisdiction as Xplore Mobile may determine in any and all actions, disputes or controversies relating hereto. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. You further agree as follows: (i) any claim brought to enforce these terms and conditions must be commenced within two years of the cause of action accruing; (ii) not to seek recovery for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to request costs and legal fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

Territory

Xplore Mobile’s services and products are offered in Xplore Mobile’s operating territory within Canada. Some services and products referred to on the Site may not be available in parts of Xplore Mobile’s operating territory and Xplore Mobile makes no representations or warranties as to the availability of such products or services in your local area and such references do not imply that Xplore Mobile intends to provide such products or services in your local area. Xplore Mobile reserves the right to limit, in its sole discretion, the provision and quantity of any service or product to any person or geographic area it so desires. Xplore Mobile’s services and products are not available outside of Canada. Any offer for any service or product made in the Site is void where prohibited.

Recourse

If you do not agree to the Terms of Use or are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using the Site. In such an event, you agree to destroy all materials obtained by you on the Site and all copies thereof. The Terms of Use shall survive any such termination.

Severability

In the event that any of the provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.

Entire Agreement

These Terms of Use, including all other documents incorporated by reference, constitute the entire agreement between you and Xplore Mobile regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Language

These Terms of Use, including all other documents incorporated by reference herein, are binding and constitute the entire agreement between Xplore Mobile and you with respect to your use of the Site. The parties agree that the English language will be the language of the Terms of Use and all documents in connection thereto, and each party waives any right (whether statutory or otherwise) to use and rely upon any other language, or translations. Il est de la volonté expresse des parties que tous les documents qui s’y rattachent soient rédigés en langue anglaise.