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ACCEPTANCE OF TERMS THROUGH USE
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify AOL Canada Inc. Click here for instructions. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AOL CANADA INC., ITS PARENT SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL AOL CANADA INC., ITS PARENT SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AOL Canada Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AOL Canada Inc.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. INDEMNIFICATION Upon a request by AOL Canada Inc., you agree to defend, indemnify, and hold harmless AOL Canada Inc. and its parent subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. AOL Canada Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AOL Canada Inc. in asserting any available defenses. INTERNATIONAL USE AOL Canada Inc. makes no representation that materials on this site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. CHOICE OF LAW AND FORUM These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the provincial or federal courts located in the Province of Ontario, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. SEVERABILITY AND INTEGRATION Unless otherwise specified herein, this agreement constitutes the entire agreement between you and AOL Canada Inc. with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and AOL Canada Inc. with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. AOL MAIL ON THE WEB REGISTRATION AGREEMENT If you use AOL Mail on the Web, your use of AOL Mail on the Web software (the "Software") constitutes your acceptance and agreement of the following: You understand and reaffirm your agreement to AOL Canada's then-current Terms of Service. You further agree and acknowledge that by using the Software to access the AOL Canada service, you will be subject to any applicable charges for the use of the AOL Canada service as set forth in the terms and conditions of the pricing plan you have chosen. You understand that AOL Canada Inc. provides no assistance, including any technical or customer support, in the use of the Software, and that your use of the Software is at your own risk. The Software is provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. AOL Canada Inc. is in no way liable for any claims arising from your use of the Software. As a condition of your use, you agree to indemnify AOL Canada Inc. for all claims relating to your downloading, use, reproduction of, and/or receipt or distribution of content through, the Software. AOL Canada Inc. reserves the right, in its sole discretion and at any time, to modify or discontinue the Software; limit, terminate or suspend your use of the Software; assess charges for the use of the Software in the future; and/or make changes to this Registration Agreement. AOL MAIL ON THE WEB BILLING NOTICE AOL Canada members who are on an hourly pricing plan will be subject to normal hourly charges for this session in accordance with AOL Canada Inc.'s standard billing practices. For more details, please go to (Keyword: Billing) when logged on to the AOL Canada service. TERMINATION AOL Canada Inc. reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. |