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the terms and conditions of this Agreement including, without limitation,
the acceptable use rules set out in Section 34.
38. You acknowledge that content including, but not limited to, images,
music, sound, photographs, graphics, text, software, or other material
accessed through the Services is protected by applicable copyrights,
trade-marks, patents, trade secrets and/or other proprietary rights
and laws. You further acknowledge that, except where expressly
stated otherwise in this Agreement, all Services content, programs,
services, processes, designs, technologies, materials and all other
things comprising the Services are owned by TELUS, its licensors or
its suppliers and are protected by applicable copyrights, trade-marks,
patents, trade secrets and/or other proprietary rights and laws.
Compliance measures
39. You acknowledge that TELUS may monitor your use of the Services
and may collect, retain and use such usage data for service and market
research purposes.
40. In the event that TELUS receives a complaint relating to your use of the
Services, TELUS may, in its sole and absolute discretion and without
notice or liability, investigate the complaint and restrict, suspend or
terminate your account(s).
41. You agree that TELUS may, without notice or liability, disclose to third
parties any customer information or any content, information or materials
associated with a Services account, if TELUS believes in good faith that
such activity is reasonably necessary to provide the Services to customers,
ensure adherence to or enforce the terms of this Agreement, comply with
any laws or regulations, respond to any allegation of illegal conduct or
claimed violation of third party rights, or protect itself or others.
Services changes
42. You agree that, to maintain or improve the Services or for other business
reasons, TELUS may change the Services fees and charges, features,
minimum equipment and software requirements, programming content
and any other aspect of the Services at any time, without notice or liability,
at TELUS' sole and absolute discretion. If you do not agree to such
changes, your sole remedy will be to terminate your Services account.
43. Notwithstanding the foregoing, TELUS will use reasonable efforts to
notify you via email to your primary TELUS email address, of any material
increases in the recurring, regular Services rates for your account.
Disclaimers
44. YOU ACKNOWLEDGE AND AGREE THAT:
a.
ALL USE OF THE SERVICES IS AT YOUR OWN RISK;
b. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS;
c.
T E L U S D O E S N O T G U A R A N T E E E R R O R - F R E E O R
UNINTERRUPTED OPERATION OF THE SERVICES;
d. NEITHER TELUS NOR ITS SUPPLIERS ARE RESPONSIBLE
OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY
TRANSMISSIONS OR PROGRAMMING CONTENT;
e.
TELUS IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR
OMISSION OF ANY THIRD PARTY INCLUDING, BUT NOT
LIMITED TO, ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT
OF ANOTHER'S RIGHTS INCLUDING, WITHOUT LIMITATION,
INTELLECTUAL PROPERTY RIGHTS; AND
f.
TELUS IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR
DAMAGE TO YOUR EQUIPMENT OR SOFTWARE ARISING
DIRECTLY OR INDIRECTLY OUT OF USE OR MISUSE OF THE
SERVICES OR THE TELUS TV DIGITAL BOX, OR INSTALLATION,
MAINTENANCE, OR OPERATION OF THE SERVICES OR THE
TELUS TV digital box.
45. T E L U S M A K E S N O C O N D I T I O N S , W A R R A N T I E S O R
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
SEQUENCE, USABILITY, SECURITY, QUALITY, CAPACITY,
PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF
THE SERVICES, ANY OTHER PRODUCTS OR SERVICES SUPPLIED
UNDER THIS AGREEMENT OR THE NETWORKS OF TELUS OR
THIRD PARTIES. TELUS EXPRESSLY DISCLAIMS ALL CONDITIONS,
WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED
OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED
CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-
INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, COURSE
OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
46. THE SERVICES Web site MAY CONTAIN LINKS TO OTHER Web siteS.
THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO
YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY
ENDORSEMENT, INVESTIGATION OR VERIFICATION BY TELUS OF
SUCH Web siteS OR THE INFORMATION CONTAINED THEREIN.
TELUS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH
Web siteS AND MAKES NO REPRESENTATIONS, CONDITIONS OR
WARRANTIES REGARDING ANY OTHER Web siteS. IF YOU DECIDE
TO ACCESS OTHER Web siteS, YOU DO SO AT YOUR OWN RISK.
Limitation of liability
47. IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT
BY TELUS, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE
PAYMENT FROM TELUS FOR YOUR ACTUAL AND DIRECT
DAMAGES RESULTING FROM SUCH BREACH, TO A MAXIMUM
AMOUNT EQUAL TO THE LESSER OF ONE HUNDRED DOLLARS
($100) OR THE TOTAL FEES PAID HEREUNDER BY YOU TO TELUS
DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE
RELEVANT BREACH.
48. EXCEPT AS SET OUT IN SECTION 47 ABOVE, IN NO EVENT SHALL
TELUS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,
SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE
"TELUS ENTITIES" AND EACH, A "TELUS ENTITY") BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS,
USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR
RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS
OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE
TELUS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF
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