Use of Website
Terms and Conditions |
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WE THANK YOU FOR YOUR
INTEREST IN THE ROGERSDIRECT WEB SITE. PLEASE READ THESE TERMS AND
CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE
USING ROGERSDIRECT. BY USING ROGERSDIRECT, YOU AGREE TO COMPLY WITH
ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE
TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE ROGERSDIRECT. WE
RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND
CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU
AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED USE OF ROGERSDIRECT SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND
CONDITIONS.
1. Rights in Rogersdirect and Content
Rogersdirect and all content provided on Rogersdirect is protected
by copyright, trade-mark, and other applicable intellectual property
and proprietary rights laws, and is owned, controlled, and/or
licensed by Rogers and/or its affiliates and related companies.
Nothing contained on Rogersdirect should be considered as granting,
by implication, estoppel, or otherwise, any license or right to use
any trade-marks, logos, or other names, including, but not limited
to, those identifying Rogers and/or its affiliates and related
companies or their respective products and services displayed on
Rogersdirect, without the expressed written consent of Rogers or
such third party that may own such trade-marks, logos and other
names displayed on Rogersdirect.
2. Use of Rogersdirect and Content
2.1 No information or material from Rogersdirect may be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way whatsoever except that you may download one
copy of the materials on any single computer, for your personal,
non-commercial home use only, provided you keep intact all copyright
and proprietary notices. You agree that you do not acquire any
ownership rights in any downloaded content. You agree to abide by
all copyright notices, information and restrictions contained in any
content on Rogersdirect and any content accessed through
Rogersdirect. You are hereby advised that Discover Communications
Inc. will aggressively enforce its intellectual property rights to
the fullest extent permitted by law.
2.2 You will use Rogersdirect and any content, material, or
information found on Rogersdirect solely for lawful purposes. You
shall not upload to, distribute to, or otherwise disseminate through
Rogersdirect any material or information of any kind that is
libelous, defamatory, obscene, pornographic, abusive, or otherwise
violates any law or infringes or violates any rights of any other
person or entity, or contains a solicitation of funds, advertising,
or a solicitation for goods or services. You will be solely
responsible for the content of any material or information that you
make available through Rogersdirect. You will also be liable for any
loss or damage resulting, directly or indirectly, from your making
any material or information available through Rogersdirect.
2.3 Discover Communications Inc. has no obligation to, and does not
and cannot review, every item of material or information that you
and users other than yourself make available through Rogersdirect,
and Discover Communications Inc. is not responsible for any of this
material or information. However, Discover Communications Inc.
reserves the right to monitor, delete and/or refuse to transmit,
move, or edit any material or information, in whole or in part,
without notice to you, that it deems in its sole discretion,
unacceptable, undesirable or in violation of any law. Without
limiting the generality of the foregoing, Discover Communications
Inc. reserves the right to restrict or prohibit the sending of
unsolicited bulk or commercial messages or the sending of numerous
copies of the same or substantially similar messages or very large
messages to a recipient.
2.4 You hereby grant to Discover Communications Inc. a worldwide,
royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate,
distribute and sublicense any and all material or information
submitted by you to Rogersdirect and/or to incorporate it in other
works regardless of form, medium or technology.
3. Disclaimer of Warranties & Limitation of Liability
3.1 THE INFORMATION CONTAINED ON ROGERSDIRECT IS FOR INFORMATIONAL
PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S
NEED. DOCUMENTS PROVIDED ON ROGERSDIRECT ARE PROVIDED AS A SERVICE
ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS.
ROGERSDIRECT, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS
FOUND ON OR ACCESSED THROUGH ROGERSDIRECT, ARE PROVIDED ON AN "AS
IS" BASIS. Discover Communications Inc., ITS AFFILIATES AND RELATED
COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND
WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR
PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF
DEALING OR USAGE OF TRADE, WITH RESPECT TO ROGERSDIRECT OR THE
CONTENT CONTAINED IN OR ACCESSED THROUGH ROGERSDIRECT. neither
Discover Communications Inc. NOR ITS AFFILIATES AND RELATED
COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS AND AGENTS MAKES any representations or
warranties as to the accuracy, TIMELINESS, reliability, TRUTHFULNESS
OR completeness OF ROGERSDIRECT OR THE CONTENT CONTAINED IN OR
ACCESSED THROUGH ROGERSDIRECT, INCLUDING, BUT NOT LIMITED TO, THE
contents of any content, information, material, OR posting found on
Rogersdirect (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR
FINANCIAL INFORMATION), any Services provided through Rogersdirect,
or any links to other sites made available on Rogersdirect OR THE
CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR
FREE USE AND OPERATION OF THE INTERNET OR ROGERSDIRECT. NEITHER
Discover Communications Inc. NOR ITS AFFILIATES AND RELATED
COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR
WARRANTIES THAT ROGERSDIRECT OR ACCESS TO AND USE OF ROGERSDIRECT
WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR
OTHER HARMFUL COMPONENTS. You expressly agree that use of
Rogersdirect Is at your sole risk.
3.2 INFORMATION PROVIDED ON ROGERSDIRECT MAY CONTAIN REFERENCES OR
CROSS REFERENCES TO Discover Communications Inc., ITS AFFILIATES AND
RELATED COMPANIES’ PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN
YOUR LOCAL AREA AND Discover Communications Inc., ITS AFFILIATES AND
RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND
SUCH REFERENCES DO NOT IMPLY THAT Discover Communications Inc., ITS
AFFILIATES AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR
SERVICES IN YOUR LOCAL AREA. Discover Communications Inc. RECOMMENDS
THAT YOU CONSULT WITH YOUR NEAREST Discover Communications Inc.
BUSINESS OFFICE FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES
WHICH MAY BE AVAILABLE TO YOU IN YOUR LOCAL AREA. WEB SITES ACCESSED
VIA LINKS OR OTHER MEANS FROM ROGERSDIRECT HAVE, UNLESS OTHERWISE
INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES. THE
INCLUSION OF ANY INFORMATION, MATERIAL, CONTENT OR LINKS ON
ROGERSDIRECT SHOULD NOT BE CONSTRUED AS AN EXPRESS NOR AN IMPLIED
ENDORSEMENT OF ANY THIRD PARTY PRODUCTS OR SERVICES.
3.3 Under no circumstances, including, but not limited to,
negligence, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND
FUNDAMENTAL BREACH shall Discover Communications Inc. or ITS
affiliates AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS be liable for
any DIRECT, indirect, incidental, special or consequential damages
OR ANY LOSS that result from the use of, or the inability to use,
any content, information, material, OR postings on Rogersdirect,
DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR
SENSITIVE INFORMATION OVER THE INTERNET. These limitations apply
regardless of whether the party liable or allegedly liable was
advised, had other reason to know, or in fact knew of the
possibility of such damages. You specifically acknowledge and agree
that neither Discover Communications Inc. nor ITS affiliates AND
RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
employees, CONSULTANTS AND AGENTS shall be liable for any
defamatory, offensive or illegal conduct of any user, including you.
4. Indemnification
To the maximum extent permitted by applicable law, you will defend,
indemnify and hold harmless Discover Communications Inc., its
affiliates and related companies, and each of their respective
directors, officers, employees, consultants and agents from and
against all claims, liability, and expenses, including all legal
fees and costs, arising out of: (i) your breach of any provision of
the Terms and Conditions; or (ii) your use of Rogersdirect, the
content contained in Rogersdirect and the placement or transmission
of any information or other materials on Rogersdirect made by you or
others using your account. You agree to promptly notify Discover
Communications Inc. immediately after you become aware of any
unauthorized use of your account and to take such reasonable steps
as are necessary to prevent any reoccurrence of such event. Discover
Communications Inc. reserves the right, in its sole discretion and
at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you. You will
co-operate as fully as reasonably required in the defense of any
claim.
5. Recourse
If you are dissatisfied with Rogersdirect or with the Terms and
Conditions, your sole and exclusive remedy is to discontinue using
Rogersdirect. In such an event, you agree to destroy all materials
obtained by you on Rogersdirect and any and all other Rogersdirect(s)
and all copies thereof. The Terms and Conditions shall survive any
such termination.
6. Miscellaneous Terms
Any disputes arising hereunder shall be governed exclusively by the
laws of the province of Ontario and the laws of Canada applicable
therein, without giving effect to their conflict of laws principles.
You expressly consent to the exclusive forum, jurisdiction, and
venue of the courts of Ontario and/or the Federal Court of Canada in
Ontario, or any other judicial district or jurisdiction as Discover
Communications Inc. may determine in any and all actions, disputes,
or controversies relating hereto. The Terms and Conditions and any
rules, policies, guidelines or other agreements posted on
Rogersdirect by Discover Communications Inc. constitute the entire
agreement between Discover Communications Inc. and you with respect
to your use of Rogersdirect. Notwithstanding the foregoing, any
products or services which you purchase through Rogersdirect shall
be subject to all terms and conditions relating to such purchase
provided to you from time to time including, without limitation, all
terms and conditions posted on Rogersdirect and all terms and
conditions delivered to you (in any manner or form) in connection
with any products or services purchased. No waiver by either
Discover Communications Inc. or you of any breach or default
hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. If any provisions contained herein
shall be determined to be void, invalid, or otherwise enforceable by
a court of competent jurisdiction, such termination shall not affect
the remaining provisions contained herein.
The parties have required that the Terms and Conditions and all
documents relating thereto be drawn up in English.
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