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SHAW CABLESYSTEMS G.P. LEGAL INFORMATION AND DISCLAIMER
Welcome to the Shaw Cablesystems G.P. (“Shaw”) Start.Shaw Web Site. Please read these terms and conditions set out below use before using the Start.Shaw web site. By using this web site, you agree to comply with all of the terms and conditions set out below.
START.SHAW.CA TERMS AND CONDITIONS
Last Updated: March 23, 2004
Welcome to start.shaw.ca (the “Shaw Web Site”), owned and operated by Shaw Cablesystems G.P. (“Shaw”). The Shaw Web Site currently consists of various web pages at or linked to the URLs of third party service providers, which may expand or change from time to time. Shaw Web Site provides you access to world-wide internet search and navigation, news, sports, entertainment, travel, financial information and other text, images, audio clips, video clips, software, products and services and other materials (collectively, the “Content”). Integrated, the Content helps each individual user locate, retrieve and manage information tailored to his or her personal interests. Unless explicitly stated otherwise, any new Content (as defined below), including the addition of new Shaw and/or third party products and services shall be subject to these Terms and Conditions. In addition to the Terms and Conditions contained below you acknowledge and agree that if you are currently a customer of Shaw you are also subject to Shaw’s Service Agreement and its terms of use, Shaw’s Privacy Policy and Shaw’s Acceptable Use Policy. The Shaw Web Site is also subject to the terms and conditions that may be required by statute, regulation or Canadian Radio-television and Telecommunication Commission or other regulatory body.
By accessing the Shaw Web Site and/or downloading and the use of any of the Content, you agree to be bound by these Terms and Conditions. In addition, there are a variety of special products and services offered on or through the use of the Shaw Web Site that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are accepting and/or using any service or product that you have accessed on or through the Shaw Web Site you may be required to agree to other terms and conditions of third party regarding its products and services. Any acceptance by you of other terms and conditions shall in no event alter, change or delete any portion of the Terms and Conditions. Shaw may supplement or change the Terms and Conditions with posted guidelines or rules applicable to specific areas of the Shaw Web Site. In addition, the Shaw Web Site may offer other Content, including other products and services from time to time and each will be subject to either the Terms and Conditions and such other terms of use or service of the respective service provider.
If you do not agree to the Terms and Conditions, do not access the Shaw Web Site or download any Content.
Because the Terms and Conditions contain legal obligations, please read them carefully. Shaw recommends that you print a copy of these Terms and Conditions.
Please direct any legal questions to:
Shaw Cablesystems G.P.
Legal Department
Suite 900, 630 – 3 Avenue SW
Calgary, AB T2P 4L4
Fax: 403-716-6544
email: legal@sjrb.ca
1. ACCEPTANCE
By using the Shaw Web Site, you will be, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Content, the Shaw Web Site and/or any other content accessed on the Internet on or through the Shaw Web Site. All such guidelines and rules are hereby incorporated by reference into these Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
You acknowledge that your use of the Shaw Web Site will provide you with access to certain information and resources, including, but not limited to, the Content and other content, various communications tools, forums, shopping, and information. You also understand and agree that any Content, be it through links on or from the Shaw Web Site or its search engines, to world-wide Internet sites and/or information found on the Internet is not controlled by Shaw and Shaw is not responsible for any such Content. Shaw uses reasonable efforts to ensure the accuracy of the Content found on the Shaw Web Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through the Content, and make no representation nor endorsement whatsoever about any other website and/or other content or information which you may access through the Shaw Web Site. It is your responsibility to ensure that any website you choose to use is in compliance with all laws, regulations and other rules, free of potentially destructive items such as viruses or offensive content. All content including the Content accessed by you through your use of the Shaw Web Site is accessed and used by you at your own risk.
3. PRIVACY
Certain of the products and services found on the Shaw Web Site will require you to register and provide certain data to the respective product or service provider, including products and services offered directly by Shaw. When purchasing or subscribing to a product or service of Shaw, Shaw’s Privacy Policy can be found at Privacy Policy and forms part of the Terms and Conditions. All other products and services offered to you by other service providers will be subject to their respective privacy policy and Shaw recommends that you inquire as to the terms of such services providers’ privacy policies before you give them any personal information.
Shaw may disclose any information as is necessary to satisfy any legal, regulatory or other governmental request or protect Shaw or its customers in accordance with the guidelines set out in Shaw’ Privacy Policy.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Shaw Web Site, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any content, including the Content; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE WORLD-WIDE INTERNET MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS AND SHAW HAS NO CONTROL OVER WHAT CONTENT MAY BE ACCESSED USING THE SHAW WEB SITE.
5. MEMBER AND USER CONDUCT
You acknowledge and agree that all information contained in the Content and such other content, including but not limited to, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content or other content originated. This means that you, and not Shaw, are entirely responsible for all Content and such other content that you access via the Shaw Web Site. Shaw does not control the user or any third party Content or other content posted via the Shaw Web Site, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party content. Under no circumstances will Shaw be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred by you as a result of the use of any such Content posted, emailed or otherwise transmitted via the Shaw Web Site. Shaw reserves the right to monitor some, all, or no areas of the Shaw Web Site for adherence to these Terms and Conditions or any other rules or guidelines posted by Shaw.
6. THE SHAW WEB SITE’S PAGES
The links and service offerings contained on the Shaw Web Site pages may be used solely for personal, noncommercial use. The financial information and financial content provided on or through the Shaw Web Site is for informational purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or endorsement, recommendations, or sponsorship of any company or security. You acknowledge and agree that any request for information is unsolicited and shall neither constitute nor be construed as investment advice by Shaw to you. It is strongly recommended that you seek outside advice from a qualified professional prior to making any investment. Shaw does not provide or guarantee any legal, tax, or accounting advice or advice regarding the suitability, profitability, or potential value of any particular investment, security, or informational source. You acknowledge and agree that any reliance upon the financial information or financial content available through the Shaw Web Site, or through links accessible through the Shaw Web Site, is at your own sole risk. Shaw is not responsible for any financial information or financial content posted by any third party. The financial information and the financial content are not intended to constitute investment advice or a recommendation to buy, sell, or hold any security.
IF YOU INTEND TO USE ANY INVESTMENT-RELATED INFORMATION ACCESSED THROUGH THE PRODUCTS AND SERVICES, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. Shaw makes this information available subject to all of the Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth below.
Much of the information and Content available through the Shaw Web Site pages is obtained from, or posted by, third parties. Such third parties are solely responsible for the information, product, services and/or content they make available as accessed from the Shaw Web Site pages.
Any downloads or permitted copying options of any Content available through the Shaw Web Site pages is only for your own personal use, provided that you retain on such materials all copyright and other notices contained in such Content. Except as expressly permitted by the copyright laws, no copying storage, redistribution, display, or publication of any Content located on the Shaw Web Site pages is permitted without the express permission of Shaw or the owners of such Content.
The Shaw Web Site contains links to certain downloads which allows you to download software provided by various third parties. All such software is provided by entities other than Shaw. Shaw makes no warranties regarding such software and disclaims all responsibility for such software. IF YOU INTEND TO DOWNLOAD SUCH SOFTWARE, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance to you. Shaw cannot guarantee that any software downloaded through the Shaw Web Site will meet any user's needs, standards, or desired specifications. Shaw cannot and does not guarantee that such software will be free from viruses or errors. If you download such software, you shall bear all risk of viruses, errors, or damages and all other risks resulting from such downloading or use of any software.
7. DISCLAIMER OF WARRANTIES
THE SHAW WEB SITE IS PROVIDED "AS IS" AND “AS-AVAILABLE” AND THAT SHAW ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS OF ANY KIND AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SHAW WEB SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND OR CONDITIONS OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. SHAW DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES AND SHAW DISCLAIMS ANY WARRANTIES FOR THE SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SHAW WEB PAGES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SHAW WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SHAW WEB SITE OR THROUGH ANY LINKS PROVIDED ON OR THROUGH THE SHAW WEB SITE. SHAW SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SHAW WEB SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHAW DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES OBTAINED ON OR THROUGH THE SHAW WEB SITE. SHAW DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. SHAW DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SHAW WEB SITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. SHAW MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF THE SHAW WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SHAW WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SHAW OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON ANY PRODUCTS AND SERVICES OBTAINED ON OR THROUGH THE SHAW WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SHAW OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CONTENT ON OR THROUGH THE SHAW WEB SITE, FROM INABILITY TO USE ANY PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SUCH PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SHAW WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SHAW WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ANY PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN SUCH PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF ANY PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SHAW WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF CONTENT STORED THROUGH THE SHAW WEB SITE. UNDER NO CIRCUMSTANCES SHALL SHAW OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
9. ADDITION AND/OR REMOVAL OF LINKS
Shaw may add and/or remove links from the Shaw Web Site at any time without notice to you.
10. DISCLAIMER REGARDING THIRD PARTY CONTENT
The Shaw Web Site offers access to numerous third party web pages and content available over the Internet and Shaw has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the Shaw Web Site or provided to Shaw by third parties, Shaw may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the Shaw Web Site from such sources is developed by people over whom Shaw exercises no control. The search results that appear on the Shaw Web Site are automated, and Shaw cannot and does not screen the sites before including them in any search results gathered. Similarly, web pages hosted by Shaw are posted by third parties, and, with the exception of certain automated screening functions, Shaw cannot and does not screen such web pages before they are made accessible to other users of the Shaw Web Site. Accordingly, neither Shaw nor its licensors assume any responsibility for the Content of any site included in any search results or otherwise linked to the Shaw Web Site or in any web page hosted for a third party within the Shaw Web Site. In instances where Shaw does review the sites that are displayed in directories, indices, and/or references, or where Shaw makes available directories, indices, and/or references of sites compiled by third parties, the Content located at such sites was developed third parties, and review of such sites by Shaw, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
11. MULTIMEDIA CONTENT
Pictures, movies, streams, and sounds (the "Multimedia Content") located through the Shaw Web Site search services are protected by copyright and/or other intellectual property laws. Shaw does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Shaw Web Site, all of the Multimedia Content contained on such sites is owned and served by entities other than Shaw. The Shaw Web Site provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Multimedia Content for permission to use the Multimedia Content.
12. ADVERTISERS AND CONTENT LINKED TO THE SHAW WEB SITE
Shaw may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Shaw Web Site to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Shaw has no control over such sites and resources. You acknowledge and agree that Shaw is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Shaw shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. NO LICENSE; INTELLECTUAL PROPERTY OF SHAW AND OTHERS
Except as expressly provided, nothing within the Content or any products and services through the Content shall be construed as conferring any license under any of Shaw's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Shaw Web Site and any products and services is protected by copyright, trademark, patent, or other proprietary rights of Shaw, its partners or to any party that controls, controlled by or under common control with Shaw, or its licensors and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Shaw in connection with the Content. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Shaw, any of Shaw's partners, or any of Shaw's service providers. You agree not to use any of the trademarks or service marks or other content accessible through the Shaw Web Site of any purpose other than the purpose for which such Content is made available to users by Shaw. You agree not to defame or disparage Shaw, the trademarks or service marks of Shaw.
14. INDEMNITY AND RELEASE
By using the Shaw Web Sites you agree to indemnify Shaw and its partners, any party controlled by or under common control with Shaw and their respective, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of the Shaw Web Sites, your use of any products and services, or your submission of ideas and/or related materials to Shaw, regardless of whether such use is authorized by you. By using the Shaw Web Site, using the any products and services, or submitting any ideas and/or related materials to Shaw, you are hereby agreeing to release Shaw its partners, any party controlled by or under common control with Shaw and their respective officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services or to any disputes regarding use of ideas and/or related materials submitted to Shaw. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
15. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Shaw Web Site must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
16. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
The SHAW logo is a trademark of Shaw or its related companies. All other marks that appear throughout the Shaw Web Site may be trademarks of their respective owners. Any use of any of the marks appearing throughout the Shaw Web Site without the express written consent of Shaw or the owner of the trademark, as appropriate, is strictly prohibited.
17. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes or claims (“Claim”) whatsoever between Shaw and you will be referred to and determined by arbitration to the exclusion of the courts. If you have a Claim you should give written notice to arbitrate to Shaw at:
Shaw Cablesystems G.P.
Legal Department
Suite 900, 630 – 3 Avenue SW
Calgary, Alberta T2P 4L4
Telephone: (403) 750-4500
Fax: (403) 716-6544
Email: legal@sjrb.ca
Arbitration will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the Province of Alberta that are in effect on the date of the notice. You agree to waive any right you may have to commence or participate in any class action against Shaw related to any Claim, where applicable you also agree to opt out of any class proceedings against Shaw. If Shaw has a Claim, Shaw will give you notice to arbitrate at your billing address. Arbitration of Claims will be conducted in the Province of Alberta by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the Province of Alberta that are in effect on the date of the notice to arbitrate. If the Claim relates to a matter that should be brought before the Canadian Radio-television and Telecommunications Commission (“CRTC”), you agree that the CRTC will resolve the Claim.
18. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
Shaw reserves the right to modify the Shaw Web Site and the Content from time to time, for any reason, and without notice, including the right to remove certain Content. Shaw reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
19. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Shaw's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on the Shaw Web Site or in connection with any of the products and services are incorporated herein by reference to the extent they do not conflict with the Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, the Terms and Conditions shall control with respect to the use of the Shaw Web Site and any of the products or services available on or through the Shaw Web Site.
20. NON-WAIVER AND SEPARABILITY
Shaw's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
21. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Shaw are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
22. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Shaw.
23. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns.
24. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Shaw Web Site, unless specifically terminated earlier by Shaw. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
25. SUBMISSIONS OF IDEAS
Shaw is always improving its products and services and developing new features for the Shaw Web Site. If you have ideas regarding improvements or additions to the Shaw Web Site, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO SHAW BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO SHAW, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO SHAW THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT SHAW IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SHAW, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
26. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Shaw and the Shaw Web Site, Shaw reserves the right to pursue any and all legal and equitable remedies against you.
If you are aware of any violations of these Terms and Conditions, please report them to:
Shaw Cablesystems G.P.
Legal Department
Suite 900, 630 – 3 Avenue SW
Calgary, Alberta T2P 4L4
Telephone: (403) 750-4500
Fax: (403) 716-6544
Email: legal@sjrb.ca |