A terms of service sets legal rules for using software or services.
This is a contract between you and NEXT Dimension Communications Corporation (FindTV). It
spells out the terms and conditions that apply to your use of the video and audio
programming and related services provided by FindTV(collectively, the "Services").
By subscribing to the Services or by using the Services you are agreeing to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE TO, ACCESS OR USE THE SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR SERVICES ACCOUNT, IF YOU HAVE ONE.
1. FindTV reserves the right to amend this Agreement at its sole discretion, at any time. FindTV will notify you of any amendments to this Agreement by sending you notice of the amendment via e-mail to your primary e-mail address. You agree to go to the Services Web Site regularly in order to be aware of any amendments posted on such site and your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement. If you do not agree to any amendment, you must immediately terminate your Services account.
2. You acknowledge and agree that access to and use of the Services from any location other
than your address for the delivery of the Services, according to FindTV' records, (your
"Billing Address"), is prohibited. The Services are for your private home viewing and use
only
3. You represent and warrant that you have reached the age of majority (at least 18 or 19
years of age) in the province or territory in which you reside and that you possess the
legal right and ability to enter into this Agreement and use the Services in accordance with
this Agreement.
4. As the Services account holder, you are responsible for your account and the maintenance of all usernames and passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account. You are responsible for maintaining the confidentiality of your account and all usernames and passwords related to your account. You agree to immediately notify FindTV, of any unauthorized use of your account or any usernames or passwords related to your account or of any other breach of security, and to provide assistance to FindTV, as requested, to stop and/or remedy any breach of security.
5. You hereby agree that FindTV and/or its agents may collect, use and disclose personal
information about you that you have provided to FindTV and/or its agents in connection with
provision of the Services. In addition, you agree that FindTV and/or its agents may disclose
such personal information on a confidential basis to its content suppliers (and their agents
and contractors) for the purpose of conducting marketing research in relation to use of the
Services and addressing customer comments regarding Services content.
6. You agree to provide current, accurate and complete customer information as prompted by FindTV' registration processes or as otherwise requested by FindTV or its agents and you agree to promptly notify FindTV, of any changes to this information as required to keep it current, complete and accurate.
7. Following any applicable free trial period for the Services, you agree to pay all fees and
charges (and applicable taxes) incurred which relate to the provision and/or use of the
Services through your account, in accordance with the rates and billing policies established
from time to time by FindTV. Such rates and policies will be posted on the Services Web Site
or otherwise made available to you by FindTV. Free trial periods (if applicable) are only
offered in connection with your first Services subscription and are not available for any
subsequent Services subscriptions. The first billing period for your Services account begins
on the date of your STB registration.
8. Rebates or service credits applicable to fixed term agreements, if available, are
described on the Services Web Site.
9. Available billing and payment options may vary depending on your Billing Address or other
factors and FindTV reserves the right to modify the forms of payment it will accept, at any
time, in its sole discretion. If charges are included on your FindTV bill, such charges are
due on the due date shown on such bill. If payment is not received by FindTV by this due
date, interest shall accrue on the outstanding amount at the rate shown on the bill or, if
no rate is shown on the bill, at the simple interest rate of 2% per month. If a
pre-authorized bank (or other financial institution) account debit (a "Bank Account Debit"),
where applicable, is returned unprocessed to FindTV, FindTV reserves the right to apply a
returned payment fee of $25.00, plus applicable taxes, to your account.
10. Your right to use the Services is subject to any limits established by your credit card
issuer or financial institution, if applicable. By using a credit card, Bank Account Debit,
or other payment method, you expressly authorize FindTV or its agents to charge all fees and
charges incurred by you under this Agreement to such card, account or other payment method
and such authorization will survive termination of this Agreement until there are no charges
owing by you under this Agreement. If you use a credit card, Bank Account Debit or other
payment method and FindTV does not receive payment from the card issuer or its agents, the
financial institution or its agents, or through the other payment method, as applicable, you
agree to pay all amounts due, upon demand by FindTV.
11. Any failure of FindTV to make a bill or statement available to you pursuant to this
Agreement does not affect your responsibility to pay any incurred charges. Unless you notify
FindTV of any errors, discrepancies or irregularities in any billing within 90 days after
they first appear on your bill or statement, such bill or statement will be deemed accepted
by you for all purposes. Without limiting anything else in this Agreement, you agree to
release FindTV from any and all liability and claims of loss resulting from any errors,
discrepancies or irregularities that are not reported to FindTV within 90 days of the
publication date of the applicable bill or statement.
12. You agree to pay all costs incurred by FindTV in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement including, without limitation, lawyers' fees.
13. The Services are subject to the availability of suitable equipment and facilities and
consequently all Services are not available at all locations.
14. In order to receive the Services you must have an active high speed Internet service.
15. It is your responsibility to ensure that your equipment and software meet the current
minimum system requirements specified by FindTV as being necessary for access to the
Services. You acknowledge that such requirements may change from time to time, with or
without notice, at FindTV' sole discretion.
16. In order to receive the Services you are required to subscribe for and maintain minimum
levels of programming (i.e. the "Essentials" programming package). FindTV shall post such
minimum levels of programming on the Services Web Site. You acknowledge that such minimum
levels of programming may change from time to time, with or without notice, at FindTV' sole
discretion.
17. Final confirmation of Services availability cannot occur until the FindTV digital set top
box(es) and associated components (remote control, cabling, and wiring) have been installed
at your premises.
18. FindTV does not guarantee that the Services will operate with all equipment or software
including, without limitation, all television sets, Internet access or home networking
equipment, remote controls, home theatre components or other audio/visual equipment.
19. You acknowledge that some of the Services programming may be blacked out from time to time in your local reception area due to restrictions imposed by programming suppliers or other reasons. In some instances, alternative Services programming may be provided in place of blacked out programming.
20. You acknowledge that FindTV may establish general practices and limits concerning use of the Services. Such general practices and limits shall be posted on the Services Web Site or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the Services and may be set at different levels for different users based upon factors that may be determined in FindTV' sole discretion. FindTV reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your account or the imposition of additional charges.
21. You authorize FindTV, its employees, agents, contractors and representatives, to enter
your premises and access your equipment, wiring and facilities for the purpose of
installing, maintaining, inspecting, repairing or removing the Services and the FindTV Set
Top Box. Access to your premises will be at a time that is mutually convenient for you and
FindTV.
22. You must provide a suitable location for the installation of the FindTV digital set top
box within 2 metres of your television set and other audio/visual components (as specified
by FindTV). The location must provide reasonable ventilation and protection from damage to,
theft or loss of, the FindTV digital set top box.
23. Additional charges shall apply when it is necessary for FindTV to install special
equipment or wiring, to incur an unusual expense to establish the Services at your premises,
or to move, change, rearrange or reinstall the Services or the FindTV Set Top Box at your
premises.
24. You agree that FindTV is not responsible for any damage to or loss of your property
arising from the installation, operation, maintenance or removal of Services or the FindTV
Set Top Box, or from other services provided at your premises.
25. In no event will FindTV be responsible or liable for any claims, damages, losses or
expenses including, without limitation, lost wages or missed work, in the event that an
installation or maintenance appointment for the Services is missed, either by FindTV or by
any third party installer.
26. FindTV shall not be responsible for any changes made by you to the Services wiring,
FindTV Set Top Box or other aspects of the Services. If any such changes result in a service
or repair call, additional charges for such call shall apply.
27. You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, FindTV is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you, including without limitation any equipment or software used in connection with the Services.
28. If you rent the FindTV Set Top Box from FindTV, the FindTV Set Top Box is at all times owned by FindTV and you hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of the FindTV Set Top Box. You further agree not to tamper with or modify the FindTV Set Top Box in any way.
29. The FindTV Services help desk will provide telephone assistance on a reasonable efforts
basis, via the telephone number and during the hours specified on the Services Web Site.
Assistance is limited to your problems using the Services and may exclude problems related
to certain equipment and software, as specified by FindTV, in its discretion. You
acknowledge that charges may apply to certain support services, as specified by FindTV.
FindTV cannot guarantee the resolution of any particular problem or Services interruption.
30. You acknowledge and agree that from time to time FindTV may send you updates and notices
regarding the Services to you via e-mail you provided.
31. During the term of this Agreement, FindTV will provide, at its option, remote diagnostic
support or on-site support (including, at FindTV ' option, repair or replacement of
equipment that is defective in material or workmanship) for FindTV-owned FindTV Set Top
Boxes.
32. During the term of this Agreement, FindTV will provide, at its option, remote diagnostic support or on-site support for FindTV Set Top Boxes owned by you. However, additional charges may apply to on-site support of such FindTV Set Top Boxes.
33.You acknowledge that some of the programming content, information and material that is available through the Services may be offensive or objectionable to you and you agree that FindTV is not responsible or liable for any harm or damage suffered by you or any third party as a result of offensive or objectionable content. FindTV recommends that minors using the Services be supervised by an adult.
34. You agree that you will not at any time attempt to:
a. circumvent any Services programming blackouts or portions thereof or access any Services
programming or portions thereof without registering for the Services and paying the
applicable fees and charges to FindTV;
b. tamper with or modify the FindTV Set Top Box or any other Services equipment to avoid
payment of fees or charges or for any other purpose;
c. use the Services from a location other than your Billing Address;
d. resell, distribute, redistribute, publicly display or perform, publish, broadcast, or
re-broadcast any portion of, use of or access to, the Services;
e. share your phone number and PIN for the Services or any portion of, use of or access to,
the Services with anyone except members of your private residence who you have authorized to
use the Services;
f. exploit or use any portion of the Services for any commercial purpose or in any commercial
setting;
g. use the Services to create or compile a collection, database or directory of content;
h. circumvent, reverse engineer, decrypt, alter, modify or interfere with any aspect of the
Services;
i. scan or probe another computer system;
j. obstruct or bypass computer or network identification procedures;
k. engage in unauthorized computer or network trespass;
l. export equipment, software or data outside of Canada or the United States in contravention
of applicable export control legislation;
m. post, upload, reproduce, distribute or otherwise transmit information or materials where
such activity gives rise to civil liability, or otherwise violate the rights or assist
others to violate the rights of FindTV or any third party; such violations include but are
not limited to engaging in copyright infringement, trade-mark infringement, patent
infringement, misappropriation of trade secrets and defamation;
n. post, upload, reproduce, distribute, or otherwise transmit information or materials where
such activity constitutes a criminal offence, or otherwise engage in or assist others to
engage in any criminal offence; such offences include, but are not limited to, unauthorized
use of a computer, defamatory libel, obscenity, child pornography, harassment, stalking,
uttering threats, mischief in relation to data and fraud;
o. engage in or assist others to engage in any activity that otherwise violates established
or accepted network etiquette, violates applicable charters, FAQ's, policies, rules or
guidelines of FindTV or other parties, disrupts or threatens the integrity, operation or
security of the Services or any TV or Internet system, elicits complaints from other
Services, TV or Internet users or third parties, is contrary to any law or regulation or, in
the sole judgement of FindTV, is otherwise objectionable;
p. otherwise violate FindTV' Acceptable Use Policy
q. use or register FindTV' trade-marks, trade names, trade dress, or logos, including without
limitation any such trade-marks, trade names, trade dress, or logos displayed on any
Services channels or web site(s) operated by FindTV, without FindTV' express prior written
permission; or
r. allow, assist or encourage any other person or entity to engage in any of the foregoing
activities.
35. If at any time you become aware of any violation, by any person or entity, of the
acceptable use rules set out in Section 34 above, which involves your account, you agree to
immediately notify FindTV, by means specified on the Services Web Site, and provide FindTV
with assistance, as requested, to stop and/or remedy such violation.
36. Without limiting any of FindTV' rights to suspend, restrict or terminate your Services account as described elsewhere in this Agreement, FindTV may suspend, restrict or terminate your Services account without notice if, in FindTV' sole and absolute discretion, you have violated any of the acceptable use rules set out in Section 34 above. You acknowledge and agree that FindTV shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.
37. FindTV grants you a limited, non-exclusive, non-transferable, revocable right to receive
the Services content, subject to your compliance with 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 FindTV, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
39. You acknowledge that FindTV 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 FindTV receives a complaint relating to your use of the Services,
FindTV 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 FindTV may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a Services account, if FindTV 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.
42. You agree that, to maintain or improve the Services or for other business reasons, FindTV
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 FindTV' 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, FindTV will use reasonable efforts to notify you via e-mail to your primary e-mail address, of any material increases in the recurring, regular Services rates for your account.
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. FindTV DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE SERVICES;
d. NEITHER FindTV NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS, DELETION OR
ALTERATION OF ANY TRANSMISSIONS OR PROGRAMMING CONTENT;
e. FindTV 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
. FindTV 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 FindTV SET TOP
BOX, OR INSTALLATION, MAINTENANCE, OR OPERATION OF THE SERVICES OR THE FindTV SET TOP
BOX.
45. FindTV MAKES NO CONDITIONS, WARRANTIES OR 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 FindTV OR THIRD PARTIES. FindTV 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 FindTV OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN. FindTV 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.
47. IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT BY FindTV, YOUR EXCLUSIVE REMEDY
SHALL BE TO RECEIVE PAYMENT FROM FindTV FOR YOUR ACTUAL AND DIRECT DAMAGES RESULTNG 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 FindTV DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING
THE RELEVANT BREACH.
48. EXCEPT AS SET OUT IN SECTION 47 ABOVE, IN NO EVENT SHALL FindTV, ITS PARENTS,
SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,
SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE " FindTV ENTITIES" AND EACH, A "
FindTV 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 FindTV ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSSES ARISING FROM OR
IN ANY WAY RELATED TO THE FOLLOWING:
a. THE CONTENT OF THE SERVICES OR ANY MATERIAL, INFORMATION OR DATA VIEWED, ACCESSED OR
TRANSMITTED OVER OR THROUGH THE SERVICES;
b. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY,
VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY CONTENT, INFORMATION OR MATERIAL OVER OR
THROUGH FindTV' SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES; OR
c. INSTALLATION, MAINTENANCE, OR REMOVAL OF THE SERVICES OR THE FindTV SET TOP BOX BY FindTV
OR THIRD PARTIES.
49. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY SO SOME OF THE DISCLAIMERS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
50. You agree to indemnify and hold harmless each of the FindTV Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable FindTV Entity, which result from or relate to any of your acts or omissions including, without limitation, breach or non-performance of this Agreement.
51. The Services are available on a month to month basis or under a 1 year, fixed term
Agreement. Upon the expiry of a fixed term Agreement, this Agreement will automatically be
renewed on a month to month basis (at then-current rates), unless you notify FindTV at least
30 days prior to the expiry of the fixed term, by the means specified on the Services Web
Site, of your intention to terminate your Agreement or enter into a new fixed term Agreement
(at then-current rates).
52. FindTV may, in its sole discretion, suspend, restrict or terminate your Services account,
effective at any time, without notice to you, for any reason including, without limitation,
because:
a. any amount is past due from you to FindTV;
b. FindTV has received a third party complaint which relates to the use or misuse of the
Services from your account; or
c. you have been or are in breach of any term or condition of this Agreement.
53. You may terminate your Services account at any time by notifying FindTV via the means set
out on the Services Web Site. HOWEVER, IF YOU ARE UNDER A FIXED TERM AGREEMENT AND YOU
TERMINATE YOUR SERVICES ACCOUNT PRIOR TO THE END OF THE TERM, OR IF FindTV TERMINATES YOUR
ACCOUNT FOR ANY OF THE REASONS LISTED IN SUBSECTIONS 52 (a)-(c) ABOVE, YOU WILL BE REQUIRED
TO IMMEDIATELY PAY FindTV A TERMINATION CHARGE, IN THE AMOUNT SPECIFIED ON THE SERVICES WEB
SITE. YOU ACKNOWLEDGE THAT THIS TERMINATION CHARGE IS A PRE-ESTIMATE OF DAMAGES SUFFERED BY
FindTV AS A RESULT OF SUCH EARLY TERMINATION AND IS NOT A PENALTY. FindTV will process your
termination request effective the date your request is received.
54. Unless FindTV has terminated your Services account for any of the reasons listed in
Subsections 52 (a)-(c) above, FindTV will refund you a pro-rata portion of your pre-paid
monthly Services fee for the month of termination, based on the effective date of such
termination. Unused Services programming credits (where applicable) are non-refundable.
55. Termination of your Services account by you or FindTV automatically terminates this
Agreement.
56. In the event that your Services account is suspended, restricted or terminated additional
reconnection charges may apply.
57. Any termination of your account shall not relieve you from any amounts owing or other
liability accruing under this Agreement prior to the time that such termination becomes
effective.
58. You agree to return all FindTV-owned FindTV digital set top box(es) and remote controls to a FindTV-approved depot within 14 days of termination of your Services account, unless otherwise directed by FindTV. If you do not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if you have assigned, encumbered, sold, transferred or leased such equipment, you agree to pay FindTV a $350.00 equipment replacement charge, plus applicable taxes. The location of FindTV-approved depots can be obtained by contacting FindTV by phone at the phone number specified on the Services Web Site. FindTV shall not be responsible for removing from your premises any wiring or wall plates related to the Services, upon termination of your Services account.
59. This Agreement, including any and all documents, web sites, rules, terms and policies
referenced herein, constitutes the entire agreement between FindTV and you with respect to
the matters referred to in this Agreement and supersedes all prior and contemporaneous
agreements and understandings, whether electronic, oral or written, between FindTV and you
with respect to such matters.
60. The failure of FindTV to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision or right. Neither the
course of conduct between you and FindTV nor trade practice shall act to modify any
provision of this Agreement.
61. In the event that any portion of this Agreement is held to be invalid or unenforceable,
the invalid or unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intention of you and FindTV, and the remainder of
this Agreement shall remain in full force and effect.
62. This Agreement shall be governed by and construed in accordance with the federal laws of
Canada and the laws of the province of your Billing Address. You hereby irrevocably consent
to the exclusive jurisdiction of the courts of such province in connection with any matter
arising under this Agreement and you agree that the venue for resolution of all such matters
shall be in such province. Use of the Services in any jurisdiction that does not give effect
to all provisions of this Agreement including, without limitation, this Section, is
prohibited.
63. All references to FindTV web site addresses in this Agreement shall also include any
successor or replacement web sites containing substantially similar information as the
referenced web site(s).
64. FindTV may at any time assign its rights and obligations under this Agreement, in whole
or in part, without notice to you. You may not assign this Agreement.
65. This Agreement will enure to the benefit of and bind you and FindTV and our respective
personal and legal representatives, successors and permitted assigns.
66. All monetary amounts expressed in this Agreement are in Canadian dollars, unless
otherwise expressly stated.
67. The rights, powers and remedies of FindTV in this Agreement including, without
limitation, the right to suspend, restrict or terminate any Services account, are cumulative
and in addition to and not in substitution for any right, power or remedy that may be
available to FindTV at law or in equity.
68. The following provisions shall survive termination of this Agreement: Sections 5, 7,
9-12, 21, 24, 25, 27, 28, 33, 38-41, 44-50, 53-70, and any other provisions that by their
meaning are intended to survive termination of this Agreement.
69. You agree that no joint venture, partnership, employment or agency relationship exists
between FindTV and you as a result of this Agreement or use of the Services.
70. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
