1.1 As you read through this License, please note that: “we”, “us” and “our” refer to the mobility division of TELUS (a registered business name of TELUS Communications Company) (hereinafter “TELUS”); and “you” and your” refer to you the customer who is responsible for the TELUS Link Service Mobile Application (the “Mobile Application”) and related services (the “Related Services).
1.2 The Mobile Application and Related Services accompanying this License are licensed, not sold, to you by TELUS for use strictly in accordance with the terms and conditions of this License and the applicable usage rules established by any third party mobile device platform or service provider or the third party from whom you are downloading this Mobile Application that relate to your Mobile Device (as defined in Section 2.1), which are incorporated herein by reference. Certain Usage Rules are described in Section 16 of this License, however it is your responsibility to determine what Usage Rules apply to your use of the Mobile Application and Related Services, as they may be applicable to you depending on (i) your Mobile Device, (ii) the method by which you downloaded the Mobile Application or accessed the preloaded Mobile Application, and (iii) the third party from whom you downloaded the Mobile Application or accessed the preloaded Mobile Application.
1.3 The term "Mobile Application and Related Services" (collectively the "Services") shall refer to and consist of the following: (i) the Mobile Application along with any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any of the internet-based, interactive information services, advertising, general, editorial and personalized content, and interactive tools (if any) provided by TELUS or its licensors that may be used or accessible by means of the Mobile Application accompanying this License.
1.4 By using the Services you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with TELUS and are not otherwise prohibited from using or receiving the Services pursuant to any applicable Usage Rules and the laws of the local or national jurisdiction from which you are accessing or using the Services. If you are not able to make the representations in the preceding sentence, you are prohibited from accepting this License and using the Services, however, any unauthorized use of the Services by you shall be subject to this License until your unauthorized usage terminates. TELUS does not knowingly collect any personal information from children through the Services.
2. LICENSE GRANT AND RESTRICTIONS ON USE.
2.2 You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile Application; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile Application; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Services; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of TELUS or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify any manner in which the Related Services are displayed by means of the Mobile Application; (v) install, use or permit the Mobile Application to exist on more than one Mobile Device at a time or on any other mobile device or computer, other than by means of your separate downloads of the Mobile Application, each of which is subject to a separate license (this restriction however does not limit your right to reinstall the Mobile Application on the specific Mobile Device for which it was initially downloaded); (vi) distribute or link the Services to multiple Mobile Devices or other services; (vii) make the Services available over a network or any other environment permitting access or use by multiple Mobile Devices or users at the same time; (viii) use the Services to send automated queries or to send any unsolicited commercial e-mail; (ix) use the Services to attempt to interfere with the proper functioning and display of the proper operation and usage of the Services by any other authorized users and third parties; or (x) use any proprietary information or interfaces of the Services or other intellectual property for any reason.
2.3 You agree that you will not use the Services for any revenue-generating endeavor, commercial enterprise, or other purpose for which they are not designed or intended (except that TELUS and its affiliates and their respective employees are expressly permitted to use the Services for the internal business purposes). By using the Services, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Services, except for your own personal, non-commercial use. In addition, you will not use the Services for any unauthorized non-commercial marketing or promotional campaigns, targeted or mass solicitation campaigns or political campaigning.
2.4 Some or all of the Services may be provided by an affiliate or subsidiary of TELUS or a third party, and you may be subject to both this License and the terms of service of that third party. Certain portions of the Services may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). you acknowledge and agree that your right to use such Third Party Software as part of, or in connection with, any Mobile Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses with regard to your use of the relevant Third Party Software, the terms of the open source or third party licenses shall control. In no event shall these Services or components thereof be deemed to be "open source" or "publicly available" software.
2.5 TELUS does not warrant that the Services will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. You acknowledge and agree that TELUS and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
2.6 You acknowledge that you are responsible for addressing any third party claims relating to your use or possession of the Services, and agree to notify TELUS of any third party claims relating to the Services of which you become aware. Furthermore, you hereby release TELUS from any liability resulting from your use or possession of the Services, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
2.7 You may not use or otherwise export or re-export the Services except as authorized by Canadian law and the laws of the jurisdiction(s) in which any Service was obtained. You represent and warrant that you are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that you will not use the Services for any purposes prohibited by United States law. Your use of the Services is restricted (1) to countries and/or territories where TELUS offers roaming services, and (2) by the same export restrictions that apply to your Mobile Device and related software. You acknowledge that the Service is used in conjunction with your Mobile Device and related software that may be controlled for import, export or purposes under the laws and regulations of the country(ies) and/or territory(ies) in which the Service is used ("Applicable Law"). In particular, you acknowledge that the Service is of Canadian origin, is subject to Canadian laws and regulations, and may be subject to restrictions on export or re-export to countries subject to Canadian embargoes or to persons or entities prohibited from receiving Canadian exports (including, but not limited to, those involved with missile technology or nuclear, chemical or biological weapons). You hereby represent that (a) to the best of your knowledge you are eligible to receive the Service under Applicable Law; (b) you will import, export, or re-export the Service to, or use the Service in, any country or territory only in accordance with Applicable Law; and (3) you will ensure that other persons use the Mobile Application in accordance with the foregoing restrictions. The Mobile Application is provided with RESTRICTED RIGHTS.
2.8 You acknowledge that TELUS may from time to time issue upgraded versions of the Services, and may automatically electronically upgrade the version of the Mobile Application that you are using on your Mobile Device. You consent to such automatic upgrading on your Mobile Device, and agree that this License will apply to all such upgrades, unless accompanied by a separate or updated license.
2.9 From time to time and without prior notice to you, we may change, expand and improve the Services. We may also, at any time, suspend or cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Related Services accessible by the Mobile Application. Any modification, suspension, or elimination of the Services will be done in TELUS sole and absolute discretion and without an ongoing obligation or liability to you. Your use of the Services does not entitle you to the continued provision or availability of the Services.
3. YOUR USE OF THE SERVICES.
3.1 You acknowledge and understand that certain Services require without limitation phone service, data access or text messaging capability. You are responsible for any such charges, as applicable.
3.2 The functional use of the Services may be dependent on the data related to your geographic location and geopositional data, and you acknowledge and agree that your failure to provide (or make accessible) that data may limit the functionality of the Services. TELUS makes no warranty with respect to the accuracy of Services provided to you in reliance on location and geopositional data provided by you, the Mobile Application or via your Mobile Device.
3.5 When using the Services and as applicable, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your own personal judgment while driving, and if you feel that any directions or route suggested by the Services instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, then you will not follow such suggested directions or route; (iii) not input destinations, or otherwise interact with the Mobile Application, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this License; and (v) arrange all wireless devices and cables necessary for use of the Services or Mobile Device in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).
3.6 You are under no obligation to use or continue to use the Services and may temporarily or permanently cease use of the Services without notice to TELUS.
4.1 Certain personal information and other information provided by you in the use of the Services may be stored on your Mobile Device even if such information is not collected by TELUS. It is your responsibility to maintain the security of your Mobile Device from unauthorized access.
4.3 By accessing and using the Services the following information may be made available to TELUS : your current geographical location, your Mobile Device’s contact lists and the first 6 digits of your mobile phone number (collectively the “Information”). You agree that TELUS may collect and use this Information for the purposes of providing the Services. TELUS may also aggregate and use the Information for other purposes, including, without limitation, to analyze TELUS network usage and to improve TELUS network performance, and to evaluate and improve the Services. This notice will serve as your sole notice that accessing and using the Services will result in the collection of Information by TELUS, and you may not receive any subsequent reminders or further notice.
5. INTELLECTUAL PROPERTY NOTICE.
5.1 You acknowledge and agree that (i) the Services, and any related material, (including the design, text, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto), (ii) the source and object code of the Services, (iii) the format, directories, queries, algorithms, structure and organization of the Services, and/or accessed using the Services, (iv) any and all copyrights, patents, trademarks, trade secrets, publicity rights and other intellectual property rights associated therewith (collectively, the "Intellectual Property"), are the sole property of TELUS, its affiliates, licensors, suppliers or other third parties. Except as expressly and unambiguously provided herein, you do not possess, and TELUS does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to any Intellectual Property (or the unauthorized use of the Intellectual Property) and all such rights are retained by TELUS, its affiliates and/or any third party owner of such rights. You acknowledge and agree that you, and not TELUS or any third party mobile device platform or service provider, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim or suit, or any other harm or damages resulting from your use of or access to the Services.
6. CONTENT LICENSE FROM YOU.
6.1 Content submitted to TELUS by utilization of the Services, in any form or medium, including, without limitation, comments, surveys, ratings, reviews, recommendations, analysis, commands, input, preferences, settings, data, questions, answers, responses, feedback, proposals, ideas, suggestions, plans, creative content, copy, phrases, text, slogans, logos, symbols, designs, audio, music, sounds, compositions, artwork, images, photos, pictures, videos, animations, graphics, and URLs, is considered "User Generated Content”. As between you and TELUS, you may possess certain intellectual property rights in your own User Generated Content that you may submit to TELUS, or display and/or post via the Services. By generating, submitting or posting in any form or medium, User Generated Content to us or via the Services, you hereby grant to TELUS, its affiliates and third parties authorized by TELUS to distribute the information contained in the Services, in whole or in part, on the third parties’ websites, networks or via other applications (“Third-Party Distributors”), an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, repurpose, prepare derivative works from, publish, publicly perform, publicly display, distribute, redistribute and communicate any and all such User Generated Content, without any obligation, notification or compensation to you. This license is granted to TELUS, its affiliates and Third-Party Distributors with respect to the use of such User Generated Content in connection with the Services and any subsequent version or modification thereof.
6.2 You agree and acknowledge that the foregoing license grants to TELUS and its affiliates and Third-Party Distributors the full right and authority to use User Generated Content for any purpose related to the Services, including, without limitation, the marketing, sale, syndication, network performance analysis and troubleshooting, development services and any successors thereto. This license includes an unrestricted right and authority for TELUS to make the User Generated Content available to sublicense to other companies, organizations or individuals.
6.3 You agree and acknowledge that TELUS and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Generated Content in such manner as may be required to conform the User Generated Content to standards, protocols, formats and requirements related to the Services and any medium by which they are accessible currently or prospectively. You agree and acknowledge that TELUS and its affiliates and Third-Party Distributors are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks.
6.4 Your use of the Services to generate, submit or post User Generated Content confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to TELUS and its affiliates and Third-Party Distributors the foregoing license. You further represent, warrant and agree that the User Generated Content you generate, submit or post will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, and will not contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.
6.5 TELUS is under no obligation to review any User Generated Content submitted, posted or otherwise displayed through the Services and assumes no responsibility or liability relating to any such User Generated Content. You may not imply that any User Generated Content is in any way sponsored or endorsed by TELUS or its affiliates.
6.6 TELUS reserves the right, but not the obligation, to refuse to post or remove any User Generated Content (or any portion thereof) at TELUS sole discretion. TELUS may remove or refuse to post User Generated Content including, without limitation, any of the following reasons:
- Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
- Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
- Accusations and other assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
- Individual user information or messages including, or soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
- Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
- Any content that involves alcohol, tobacco or weaponry, or that promotes or has a connotation to any illegal activity;
- Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and/or competitors;
- Reviews that are exclamatory or otherwise appear to be purposefully deceptive, as determined by TELUS in its sole discretion;
- Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
- Language that violates the standards of TELUS, the Services and/or the policies of TELUS and its affiliates as determined by TELUS in its sole discretion;
- Any content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
- Content that is not readable, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information;
- Any content that links (or includes embedded links) to any of the foregoing, or that links to social networking sites.
7. WARRANTY DISCLAIMER.
7.1 Any use of the Mobile Application, the Related Services, reliance upon any of the material, and any use of the Internet generally shall be at your sole risk. TELUS disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material accessible by use of the Services.
7.2 THE SERVICES (INCLUDING MATERIAL AND INFORMATION POSTED AND ACCESSIBLE THEREWITH) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TELUS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MOBILE APPLICATION, RELATED SERVICES AND MATERIAL. TELUS DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MOBILE APPLICATION, RELATED SERVICES, MATERIAL, OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.
7.3 TELUS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED, ACCESSIBLE OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH USE OF THE SERVICES; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MOBILE APPLICATION, RELATED SERVICES AND MATERIAL.
7.4 NO ADVICE OR INFORMATION PROVIDED BY TELUS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE ANY WARRANTY.
7.5 NONE OF TELUS, ITS AFFILIATES, OR ANY ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE MOBILE APPLICATION OR THE RELATED SERVICES, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN ACCESSED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE MOBILE APPLICATION, (3) ANY PRODUCTS OR SERVICES PURCHASED AS A RESULT OF AN ADVERTISEMENT, PROMOTION, OR OTHER INFORMATION OR MATERIAL IN CONNECTION WITH ANY MOBILE APPLICATION, OR (4) THE INTERNET GENERALLY.
7.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
7.7 THE LOCATION-BASED SERVICES ARE INTENDED ONLY FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE MOBILE APPLICATION OR THE RELATED SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
7.8 NEITHER TELUS, NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, WARRANTS THAT THE MOBILE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR MOBILE DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR MOBILE DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR MOBILE DEVICE, LOSS OF THE DATA LOCATED ON YOUR MOBILE DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR MOBILE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT TELUS AND ITS AFFILIATES, PARTNERS, SUPPLIERS, LICENSORS, AND ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.
8. LIMITATION OF LIABILITY.
8.1 IN NO EVENT SHALL TELUS OR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MOBILE APPLICATION AND THE RELATED SERVICES FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF TELUS OR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS ARE AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES, (2) THE MATERIAL OR THE INTERNET GENERALLY, (3) RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MOBILE APPLICATION, OR (4) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT, PROMOTION, OR OTHER INFORMATION OR MATERIAL ACCESSED USING THE MOBILE APPLICATION. NEITHER TELUS, NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORMS OR SERVICE PROVIDERS, ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS OR OTHER MATERIAL ACCESSIBLE FROM THE MOBILE APPLICATION.
8.2 THE USER OF THE SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES GENERALLY.
8.3 THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
8.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8.5 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TELUS' AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF ONE DOLLAR ($1).
9.1 You agree to indemnify and hold TELUS and, as applicable, its subsidiaries, affiliates, partners, officers, directors, agents and employees, licensors, suppliers, harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of: (i) your breach of any representation, warranty, covenant or obligation set forth in this License (or any other violation of your agreement with TELUS on the basis of this License); (ii) your use or misuse of any location information; (iii) any information, User Generated Content or other material transmitted, submitted or provided by you through the Services, including your use of the Services to provide a link to another Website or to upload content or other information using the Mobile Application and, without limitation, TELUS exercise of TELUS rights with respect to such information; and/or (iv) your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity.
9.2 TELUS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the forgoing indemnification obligations without the express consent and approval of TELUS.
10.1 TELUS may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if TELUS determines in sole discretion that you have violated or failed to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by TELUS. Upon the termination of this License, you shall cease all use of the Related Services and uninstall the Mobile Application from your Mobile Device. TELUS reserves the right to terminate or disable all or any portion of the Mobile Application via update of the Mobile Application.
11. REMEDIES AVAILABLE TO US.
11.1 TELUS reserves the right to seek any and all remedies available at law or in equity in connection with your violation of this License.
12.1 You may not assign this License or otherwise transfer your obligations or interests under this License, in whole or in part; any attempt to do so shall be void.
13.1 If for any reason a court of competent jurisdiction finds any provision of this License to be invalid or unenforceable, that provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the License will continue in effect and remain fully enforceable.
14. LIMITED TIME TO BRING CLAIM.
14.1 You acknowledge and agree that that it is the intent of both you and TELUS to limit the period of time a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
15.1 You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Services. Your compliance with applicable laws is not limited to jurisdictions within Canada but also the laws, regulations and ordinances of any jurisdiction from which you access the Services.
15.2 This License will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or your actual province or country of residence, and you agree to submit to personal jurisdiction in the Province of Ontario. You agree to exclude, in its entirety, the application to this License of the United Nations Convention on Contracts for the International Sale of Goods.
15.3 All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your province of residence in Canada.
15.4 Any notices required to be given under this License shall be given in writing and shall be delivered to the following address:
200 Consilium Place, Suite 1600, Scarborough, Ontario, Canada M1H 3J3
15.5 Except as expressly stated herein, this License constitutes the entire agreement between you and TELUS with respect to your use of the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and TELUS with respect to your use of the Services and/or the subject matter of this License.
15.6 Except as provided in this Section 15.6, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. Notwithstanding the foregoing, you acknowledge and agree that each of TELUS's associated mobile device platform and service providers are third party beneficiaries to this License, and that, upon your acceptance of the terms and conditions of this License, such associated mobile device platform and service providers will have the right to enforce this License against you in its capacity as a third party beneficiary to this License.
15.7 Any waiver of any provision of this License will be effective only if in writing and signed by you and TELUS. Our failure to enforce our rights and remedies available to TELUS with respect your breach of this License shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of this License.
15.8 The warranty disclaimers set out in Section 7, the limitation of liability set out in Section 8 and the indemnity obligations set out in Section 9.1, will in each case survive any termination of this License.
16. USAGE RULES, ADDITIONAL OBLIGATIONS/RIGHTS RELATED TO YOUR MOBILE DEVICE.
16.1 Without limitation, your use of the Mobile Application and Related Services with any Apple® device, including iPhone®, iPod touch® and iPad™ mobile digital device, is subject to the Usage Rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at http://www.apple.com/legal/itunes/ww/, the applicable provisions of which are incorporated herein by this reference. In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify Apple Inc. and Apple Inc. will refund to you the purchase price for the Mobile Application, if any; and, to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever to you with respect to the Mobile Application. Apple Inc. is not liable for any claims by you or any third party relating to the Mobile Application, or your possession or your use of the Mobile Application, including, but not limited to, (i) any product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You also acknowledge that this License is, concluded between you and TELUS, and not with Apple.
16.2 Without limitation, your use of the Mobile Application and Related Services with a BlackBerry® smartphone or via download from any website and service operated by Research in Motion Limited or any successor in interest of such entity (collectively “BlackBerry”), including BlackBerry® World™ storefront, is subject to Usage Rules established by BlackBerry located at, or accessible through, the BlackBerry World repository, the applicable provisions of which are incorporated herein by this reference.
16.3 Without limitation, your use of the Mobile Application and Related Services with an Android™ smartphone or via download from any website and service operated by Google, Inc. is subject to Usage Rules established by Google, Inc., located in the Google application store agreement the applicable provisions of which are incorporated herein by this reference. You may not imply that any User Generated Content is any way sponsored or endorsed by Google, Inc.
17. THIRD PARTY SOFTWARE NOTICES.
17.1 Portions of the Mobile Application are provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted pursuant to this License do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this License will apply to all elements of the Services.
17.2 iPhone, iPod touch and iPad are trademarks of Apple Inc.
17.3 BlackBerry®, World™ and related trademarks, names and logos are the property of BlackBerry, and are registered and/or used in the U.S. and countries around the world, and used under license from BlackBerry.
17.4 Google and Android™ are trademarks of Google, Inc.
17.5 All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.