TELUS Optik TV Quick Reference Manual page 32

3. Privacy
You agree that the TELUS Privacy Commitment, available
for inspection at telus .com/privacy/privacy, as it may
be updated from time to time (the "TELUS Privacy
Commitment"), shall apply to your use of the Services .
You hereby consent to the collection, use and disclosure
by TELUS and its agents of your personal information
collected in connection with provision and/or use of the
Services, for the purposes identified in the TELUS Privacy
Commitment and acknowledge that those purposes
include the exchange of your account and usage
information with other TELUS companies and their affiliates
or dealers, for the purpose of offering additional services or
products to meet your communications and entertainment
needs .
By using the Services and incurring charges for such use,
you authorize TELUS to obtain information about your credit
history from credit reporting agencies, credit grantors and
other TELUS companies from time to time, and consent
to the disclosure of your credit history with TELUS to such
entities at any time .
4. General Terms
a) No Warranties
The Services are provided on an "as is" and "as
available" basis . Your use of the Services is at your sole
risk . TELUS does not guarantee timely, secure, error-
free or uninterrupted service or receipt of material or
messages transmitted over or through TELUS' networks
or the networks of other companies . To the fullest extent
permitted by applicable law, TELUS disclaims all warranties,
representations, guarantees and conditions (express,
implied or statutory) relating to the Services, including any
warranty of fitness for any particular use or purpose you
intend for the Services, even if you have communicated
such intention to TELUS . Your sole remedy for any defect
or malfunction of any set top box provided by TELUS for
use with the Services is set forth in the manufacturer's
warranty .
b) Limitation of Liability
To the fullest extent permitted by applicable law, neither
TELUS nor its affiliates, nor their respective directors,
officers, employees, or agents (collectively, the "TELUS
Entities") shall be liable to you or any other party for any
direct, indirect, special, incidental, consequential or
punitive damages, or any other damages or losses
whatsoever arising directly or indirectly from your use of
the Services, regardless of the cause of action, including
negligence, and even if one or more of the TELUS
Entities have been advised of, or could reasonably have
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foreseen, the possibility of such damages or losses . If
for any reason a TELUS Entity becomes liable to you or
a third party arising out of or in any way connected with
the Services, regardless of the form or cause of action or
the number of claims asserted, the aggregate liability of
the TELUS Entities to you or such third party is limited to
the greater of $20 and the fees paid by you to TELUS for
the particular Services giving rise to the claim, in the three
months immediately preceding the last occurrence of the
damages or losses .
Without limiting the generality of the foregoing, TELUS is
not liable for (i) the consequences of natural catastrophes
such as earthquakes, flooding, severe wind, ice or fire
storms, landslides, lightning strikes or tidal waves, (ii) the
actions of third parties which TELUS cannot reasonably
foresee or control, such as war, terrorism, civil insurrection,
government decree, failure of the public power grid,
labour disturbance by TELUS' own employees or by the
employees of another enterprise, or the unlawful acts of
suppliers, (iii) any act or omission of a telecommunications
carrier whose network facilities are used in establishing
connections to points which TELUS does not directly
serve, (iv) defamation or copyright infringement arising
from material transmitted or received over TELUS'
network facilities, or (v) infringement of patents arising from
combining or using your facilities or equipment with TELUS'
network facilities .
c) Termination and Suspension
Upon the expiry of the term of this Agreement, TELUS
will continue to provide you the Services on a month to
month basis on the terms and conditions then applicable,
unless you notify TELUS at least 30 days in advance of
your intention to terminate your Service or enter into a new
service agreement . Unless otherwise agreed, you may
terminate this Agreement at any time by notifying TELUS
at least 30 days in advance . Where this Agreement is
made for a fixed term, you will be required to pay TELUS a
termination charge in the amount specified on the Service
Web Site, as liquidated damages and not as a penalty, in
addition to any other amount then owing to TELUS, if you
terminate this Agreement prior to the end of the term or if
TELUS terminates the Services for any of the reasons listed
below . You may also be required to pay a reconnection
fee to have the Services reconnected . Upon the expiry of
the term of this Agreement, TELUS will continue to provide
you the Services on a month to month basis on the terms
and conditions then applicable, unless you notify TELUS
at least 30 days in advance of your intention to terminate
your service or enter into a new service agreement .