PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of the website at www.xterrawireless.com (the "Website") is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using the Website, you signify your acceptance of these Terms and Conditions.
Xterra Wireless Inc. ("Xterra") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Website. Your continued used of the Website signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
The Website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Xterra, and/or its various parent corporation, subsidiaries and affiliates, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on the Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Xterra and/or the applicable Third Parties.
Xterra, the Website, and all other Xterra related trademarks and design marks displayed on the Website (collectively, the "Trademarks") are registered and common law trademarks of Xterra. Other trademarks and design marks appearing on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Xterra or such other party that may own the applicable trademarks.
Use of Site
Neither the Website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Xterra, except that you may download, display and print the content presented on the Website for your personal, non-commercial use only. Unauthorized use of the Website and/or the content contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on the Website. The use of such content on any other website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to the Website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The Website is not intended for use by children under the age of 13. Use of the Website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Xterra and without any liability whatsoever, Xterra at any time and without notice may terminate or restrict your access to any component of the Website.
User Name and Password
If you have an account on the Website, this account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Xterra representative. Xterra recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of Xterra, and may be cancelled or suspended at any time by Xterra without any notice or liability to you or any other person. Xterra is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Xterra of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Xterra enables visitors to the Website to provide Xterra with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Xterra a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Xterra the right to use the name you submit with the Customer Content, if any, in connection with Xterra's rights hereunder.
All prices quoted are payable in United States dollars and, unless otherwise stated, do not include shipping charges or applicable sales taxes.
All advertisements on the Website are merely invitations for you to order goods or services from Xterra, and are not offers to sell by Xterra. A correctly completed Checkout page delivered by you to Xterra constitutes your offer to purchase the goods or services listed in your order. Your order shall be deemed to be accepted only at the point when Xterra sends a shipping confirmation email to the email address you provided. If you wish to cancel an order, you may request a cancellation by sending an email to us at email@example.com. However, your cancellation request may not be effective if we do not receive and process your cancellation request before we confirm shipment of your order.
Xterra reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Xterra believes that customer conduct violates applicable law or is harmful to the interests of Xterra or any Third Parties.
Except as explicitly provided in these Terms and Conditions as amended from time to time, Xterra and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Website and/or any content provided on the Website, all of which are provided on an "as is" and "as available" basis. Xterra and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website, and expressly disclaim all warranties and conditions in respect of the Website, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Xterra and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Xterra and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website.
In no event shall Xterra or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or content found herein, the operation of the Website, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of the Website for purchases) even if advised of the possibility of damages.
If, notwithstanding the foregoing, Xterra or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Website or its content, the liability of Xterra and the Third Parties shall in no event exceed in the aggregate C$100.00.
You shall indemnify and save harmless Xterra and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Website.
The Website contains links to websites owned or operated by other entities which are not associated or affiliated with Xterra or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Xterra or the Third Parties of the linked website or information contained therein or of their security or privacy practices. Xterra and the Third Parties shall not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on such websites. If you decide to access other websites, you do so at your own risk. Framing of the Website or any of its content in any form and by any method is strictly prohibited.
The relationship between Xterra and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Website.
This Agreement and its performance shall be governed by the laws of the Province of Manitoba, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Winnipeg, in the Province of Manitoba, Canada, in all disputes arising out of or relating to the use of the Website and these Terms and Conditions.
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific website functions available on the Website.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Xterra as set forth above.
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.