DirectWest's Web site is owned and controlled by DirectWest Corporation. This page is the agreement stating the terms and conditions upon which you may use this Web site. The provisions of Section 2, Terms of Service and Section 4 DirectWest Conditions of Contract of SaskTel's Non-Tariffed Products and Services Schedule as amended from time to time are incorporated into and form part of this Agreement governing your use of this site. In the event of a conflict or inconsistency between the terms of this User Agreement and any provision of such Sections, the terms of this User Agreement shall prevail and govern. You may access these sections at sasktel.com. Please read it carefully before accessing and/or using the Web site. Access to and/or use of the Web site will constitute your express and unconditional acceptance to the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not access or otherwise use our Web site.
Revisions - DirectWest reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Such modifications shall be effective immediately upon posting of the modified Agreement on the Web site. You agree to review this Agreement periodically to be aware of such modifications. Your continued use of the Web site shall be deemed your conclusive acceptance of the modified Agreement.
Right of DirectWest to Change, Discontinue or Restrict Access to Web site - DirectWest, at its sole discretion, may change, suspend or discontinue any aspect of the Web site at any time, including the availability of any Web site feature, database or content and may terminate this Agreement at any time. DirectWest may also impose limits on certain features and services or restrict your access to parts or all of the Web site without notice or liability. DirectWest reserves the right, at its sole discretion, to correct any errors or omissions in any part of the Web site.
Right of Access - This Agreement provides you with a non-exclusive grant of access to and use of the Web site and the Internet links contained on the Web site at the sole will and discretion of DirectWest and is subject to your continuing compliance with the terms and conditions of this Agreement. You are entitled solely to those privileges explicitly set forth in this Agreement.
Not a License - This Agreement is not a transfer or a license of any of DirectWest's rights or its content or the content of third parties displayed on or accessed through the Web site.
Links and Pointers - This Web site may contain links to other Web sites that are not under the control of DirectWest and DirectWest is not responsible for and makes no representations, warranties or conditions concerning the content of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. DirectWest provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by DirectWest of the linked site or its content. Your use of the linked sites may be subject to terms and conditions contained in these Web sites, which you should locate and review.
Copyright - Everything on this site is copyrighted unless otherwise noted. The copyright rights are owned by DirectWest or the original creator of the material. However, you are free to view, copy, print, and distribute DirectWest material from this site, as long as:
You require our written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.
Trademarks - DirectWest and DirectWest logos, along with the names of most DirectWest products and services referenced on this Web site are trademarks of DirectWest. Other product and company appearing on the Web site are the trademarks of their respective owners. You may not use these or any other DirectWest or third party trademarks, logos or service marks without the written permission of DirectWest or any other applicable trademark or service mark owner. You agree that you cannot use DirectWest logo to link to this Web site without our express written consent.
No Unlawful or Prohibited Use of the Web site - You agree that you will not use any information contained in this Web site or the links to this Web site in any claims, proceedings, suits or actions against DirectWest, its suppliers or affiliates. You agree that you will not upload, post or transmit to, or distribute, or otherwise publish through the Web site any content which: (i) restricts or inhibits any other user from using and enjoying the Web site; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent or is otherwise unacceptable to DirectWest; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law or governmental regulation; (iv) violates, or infringes upon the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful or destructive elements; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising of any kind.
No Representation or Warranties by DirectWest - You agree that our Web site, including all content, software, functions, materials and information made available on or accessed through our Web site, is provided to you at your own risk for your personal non-commercial use and on an "as is, as available" basis. To the fullest extent permissible by law, DirectWest makes no representations, endorsements, conditions or warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, with respect to DirectWest, our Web site, or any content, merchandise, information or service provided through our Web site or on the Internet generally or the functions made accessible by any software used on or accessed through our Web site, or any hypertext links to third party Web sites or for any breach of security associated with the transmission of sensitive information through our Web site or any linked site. DirectWest does not warrant that the Web site, the functions contained in our Web site or any content contained therein will be uninterrupted, error free or that defects will be corrected.
Limits on Use - Our Web site is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, video tape, audio tape, create derivative works from, transfer, reverse engineer, download, display, post, record "mirror", commercially exploit, any part or aspect of this Web site in any form, or any information found at this Web site, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise without the prior written consent of any applicable copyright holders. You may not sell any content, information, software, products or services obtained from the Web site by any means whatsoever.
Monitoring - DirectWest has no obligation to monitor this Web site. However, you agree that Direct- West has the right to monitor this Web site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Web site properly, or to protect itself or its customers. DirectWest will not intentionally monitor or disclose any private electronic-mail message unless required by law. DirectWest reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
License to DirectWest in Communications - By posting messages, uploading files, inputting data, or engaging in any other form of communication (referred to as "Communications") through our Web site, you are granting DirectWest a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to; use, copy, sublicense, adapt, distribute, reproduce, modify, edit, transmit, publicly perform or display any such Communications or otherwise fully exploit such Communications in all media now known or hereafter developed; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communications. The foregoing include the right to exploit any proprietary rights in such Communications, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Waiver of Rights Against DirectWest - You hereby waive all rights to any claim against DirectWest for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and other rights in connection with such Communications.
Communications Not Confidential - You acknowledge that Communications involving our Web site are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to DirectWest, no confidential, fiduciary, contractually implied or other relationship is created between you and DirectWest other than:
Please note that while DirectWest has employed certain security features to protect your personal information while sending Communications or ordering products and services through our Web site, DirectWest cannot guarantee that information you voluntarily disclose and send on this medium will be kept private. DirectWest takes no responsibility for your use of the Internet to send personal information to DirectWest or any other party.
Buying Over the Internet - When making purchases or other transactions through this Web site or the Internet, you may be asked by DirectWest or the merchant or information or service provider to supply certain information to identify you, your credit worthiness or other identifying information. You agree that all information you choose to provide DirectWest, any merchant or information or
service provider through this Web site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases made on this Web site. DirectWest is in no way responsible for any charges you or any user of your account incurs when making purchases or engaging in other transactions on this Web site.
General Warranty Disclaimer - Unless otherwise specified in the contract for the goods and services, all goods and services that may be accessed or ordered from this Web site are provided "as is" and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are denied and disclaimed. Except where specified, all goods and services that may be ordered from this Web site are for consumer end use only. Except as otherwise expressly agreed, DirectWest makes no representations, warranties, covenants or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the content of this Web site, or any goods or services that may be provided or sold in any connection with this Web site. Any representations, warranties, conditions or covenants regarding any goods or services referred to on this Web site are only as stated in the applicable contract and terms of service for such goods and services.
Availability - Information provided on this Web site may contain references or cross references to products and services that are not available in your local area. DirectWest makes no representations, conditions or warranties as to the availability of such products and services in your local area and such references do not imply that DirectWest intends to provide such products or services in your local area.
You understand that DirectWest does not operate, control, or endorse any information, products or services on the Internet in any way nor does DirectWest represent or endorse the accuracy or reliability of any advice, opinion, statement or other content accessed from any third party site that may be accessed through our Web site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or content shall be at your sole risk. You agree that DirectWest shall not be liable for any cost or damage arising either directly or indirectly from any such opinions, advice, services, merchandise and other content.
You agree that in no event will DirectWest, or DirectWest's respective officers, directors, employees, agents and contractors be liable for: (i) direct damages; (ii) any punitive, incidental, consequential, special or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information) arising out of the use of or inability to use this Web site, or any content or transactions entered into on or through this Web site, even if DirectWest, its affiliates or its authorized representatives have been advised of the possibility of such damages; or (iii) any claim attributable to errors, omissions, or other inaccuracies in this Web site and/or content, materials or information downloaded through this Web site; or (iv) any injury, sickness, disease, death, damages, claims, or liability arising out of or attributable to the use by anyone of this Web site or of any hardware, including any television set, monitor, or screen, for the purpose of accessing and/or viewing this Web site.
Indemnity - You agree that you and all persons you authorize to use our Web site have read and will comply with the terms of this Agreement. You are solely responsible and liable for actions that are in contravention of this Agreement or any applicable law. You agree to indemnify, defend and hold harmless DirectWest and its respective officers, directors, employees, agents and contractors from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement or in connection with your use of our Web site, including negligent or wrongful conduct by you, by any persons allowed by you to access our Web site or by any other person accessing our Web site or services provided pursuant to our Web site using your identification or password (where applicable). The provisions of this paragraph are for the benefit of DirectWest and its respective officers, directors, employees, agents and contractors. Each of these entities or individuals shall have the right to assert and enforce these provisions directly against you on its own behalf. DirectWest reserves the right, at its own risk, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
Severability - If any part of this Agreement is held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.
Governing Law and Jurisdiction - This Web site (excluding linked Web sites) is owned and controlled by DirectWest. This Web site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Saskatchewan, by accessing this Web site, you agree that all matters relating to access to, or use of, this Web site, shall be governed by the applicable laws of the Province of Saskatchewan and of Canada, without regard to the choice of law principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Saskatchewan or, where applicable, the Federal Court of Canada in connection with any dispute or claim involving you, DirectWest, or the Web site. You hereby acknowledge that you do so voluntarily and are responsible for complying with local laws.
Assignment - DirectWest may assign its rights under this Agreement and its ownership of this Web site or any interest therein at any time without notice to you. You may not assign your rights under this Agreement to anyone.
No Waiver - No failure or delay by DirectWest in exercising any right, power or privilege as provided in this Agreement or at law shall operate as a waiver thereof. Nor shall any single or partial exercise of any right, power or privilege preclude any other further exercise of such right, power, or privilege. DirectWest's rights and remedies hereunder are cumulative and not exclusive of any rights or remedies otherwise provided at law.
Headings - The headings and sub-headings given to portions of this Agreement are intended for reference only and shall not affect the construction or interpretation of this Agreement.
Modification by DirectWest - This Agreement, as modified from time to time by DirectWest, including any links referred to in and forming an integral part of this Agreement, shall constitute the entire agreement between DirectWest and you and any of your users of this Web site.
Printed Version of Agreement - A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or this Web site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by DirectWest.
Prices - All prices quoted on this Web site are in Canadian Dollars and do not include applicable taxes, or shipping and handling charges.
Survival of Certain Sections - The sections of this Agreement appearing under the headings "Copyright and Trademarks", "No Representations or Warranties by DirectWest", "License to DirectWest in Communications", "Limitation of Liability", "Indemnity", and "Governing Law and Jurisdiction" shall survive the termination of this Agreement.
Notices - Notices by DirectWest to you may be given by means of electronic message through email or by a general posting on this Web site.
Language - The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.
All rights not expressly granted within this Agreement are reserved without limitation by DirectWest.
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