X. Disclaimers
1. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) EXECULINK TELECOM AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EXECULINK TELECOM MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (ii) EXECULINK TELECOM SPECIFICALLY MAKES NO WARRANTIES THAT EXECULINK TELECOM OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF EXECULINK TELECOM OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
2. No License; Intellectual Property of Execulink Telcom and Others
Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of Execulink Telecom’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 Internet and Services of Execulink Telecom are protected by copyright, trademark, patent, or other proprietary rights of Execulink Telecom, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services of Execulink Telecom or the Internet. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Internet nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through Execulink Telecom.
3. Arbitration and Actions
Any controversy, claim or dispute (whether in contract or tort, pursuant to statute or regulation, or otherwise, whether pre-existing, present or future) arising out of or relating to these Terms and Conditions, your use of Execulink Telecom or Services or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in one of either Woodstock, London, Brantford, Kitchener-Waterloo or Hamilton, Ontario, said location to be determined by you, in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
4. Disclaimer Regarding Third Party Content & Sotware
Execulink Telecom offers access to numerous third party web pages, content, and software available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through Execulink Telecom websites and web pages or sites displayed as search results or contained within a directory of links on Execulink Telecom, Execulink Telecom generally exercises no control over such third party content, web pages, software, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. All software available for download by Execulink Telecom is provided on an "as is" basis. You agree that Execulink Telecom shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software or content made available by Execulink Telecom.
5. Disclaimer Regarding Search Content
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (Multimedia) located through Execulink Telecom search services are protected by copyright and/or other intellectual property laws. Execulink Telecom does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia. Where search results link to sites outside of Execulink Telecom, all of the Multimedia contained on such sites is owned and served by entities other than Execulink Telecom. Execulink Telecom provides you with the URL or address of the Multimedia; this information may be used to determine the server of the Multimedia. If you intend to make use of any Multimedia accessed through Execulink Telecom search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia for permission to use such Multimedia.
6. Professional Information Disclaimer
Execulink Telecom makes available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments ("Professional Information"). Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of professional information does not replace consultations with a qualified medical, legal, financial or other relevant professional. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Execulink Telecom, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
7. User Content
In respect of any and all content you elect to post on the Internet which is accessible by the general public, such as on Execulink Telecom's public forums, you grant Execulink Telecom a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting the specific Service to which such content was submitted. Such license shall apply with respect to any form, media, or technology now known or later developed and shall terminate at the time you delete such content from the Service. With respect to any and all content you elect to post or transmit using the Services, you agree that Execulink may preserve and disclose any content associated with your account where required to do so by law or where such preservation or disclosure is reasonably believed by Execulink Telecom to be necessary to ensure compliance with the law, enforce the Terms and Conditions or protect the rights and interests of Execulink Telecom or any other person.
8. Submission of Ideas and/or Suggestions
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO EXECULINK TELECOM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO EXECULINK TELECOM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO EXECULINK TELECOM THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT EXECULINK TELECOM IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY EXECULINK TELECOM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
9. Monitoring
You acknowledge that Execulink Telecom has no obligation to monitor the Internet, Telephone, Television or any content, products or services (collectively, "Content") accessible through Execulink Telecom or any of the Services. However, you agree that Execulink Telecom has the right to monitor the Internet, Television, or any content of any of the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Execulink Telecom or any of the Services properly, or to protect itself or its users in accordance with Execulink Telecom's Privacy Policy. Execulink Telecom 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 the Terms and Conditions.
You understand that by using the Services, you may have access to content
that may be offensive or objectionable to you. Under no circumstances
shall Execulink Telecom be responsible or liable, directly or indirectly,
in any way for any loss or damage of any kind incurred as a result of,
or in connection with, any use of, or access to, any such Content.
10. Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, Execulink Telecom or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. Execulink Telecom assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Execulink shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
11. Service Modifications
You acknowledge and agree that Execulink Telecom reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that Execulink Telecom will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
12. Security of Transmissions
Execulink Telecom does not represent, warrant, covenant or guarantee that transmissions initiated by the Customer in the course of using the Services cannot or will not be received or intercepted by any other person(s).
Contact Us