Terms of Use

Please read these Terms of Use carefully before using this web site.  Your use of this web site is expressly conditioned on your acceptance without modification of the following terms and conditions. 


The materials on this web site including, but not limited to, its design, all text, graphic, content and the selection and arrangement thereof (Materials) are Copyright © 2004 Vicwest. All rights reserved. You are hereby authorized to view, copy, download, print and distribute these Materials subject to the following conditions.

The Materials may only be used (a) for use in the purchase and sale of products referred to at this web site by prospective customers for the benefit of Vicwest Corporation and its subsidiaries or affiliates (“Vicwest) as contemplated by or in accordance with this web site; or (b) for informational, personal, or non-commercial purposes.  Use of Materials from this web site for any other purpose is expressly prohibited.

Any copy of these Materials or any portion thereof must include the above copyright notice. Materials from this web site may not be copied or posted on any network computer or broadcast in any media. Elements of this web site (e.g., the design or layout of this web site) are protected by trade dress, trademark, unfair competition and other laws and may not be reproduced, duplicated, copied, imitated, sold or otherwise exploited in whole or in part for any purpose that is not expressly permitted by Vicwest. No logo, graphic, sound or image from this web site may be copied or retransmitted unless expressly permitted in writing by Vicwest.  Vicwest and the Vicwest logo are trademarks or registered trademarks of Vicwest. All other product names mentioned herein are the trademarks of their respective owners. Please note that any products, processes or technologies described in these materials may be the subject of other intellectual property rights reserved by Vicwest and are not licensed hereunder.


Vicwest provides this web site subject to your compliance with the Terms of Use and web site Privacy Policy.  By accessing and using this web site, you agree to be bound by the terms and conditions contained herein.  If you do not agree to be bound by these terms and conditions, please do not access this web site.


Vicwest reserves the right to change these Terms of Use at any time.  Vicwest will do so by posting revised Terms of Use on this web site.  Please review the Terms of Use periodically.  Your continued use to this web site following the posting of changes to these Terms of Use will mean you accept those changes.


YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THIS WEB SITE AT YOUR OWN RISK AND LIABILITY.  THE INFORMATION CONTAINED IN THIS WEB SITE IS PROVIDED TO YOU "AS IS," FOR YOUR INFORMATIONAL PURPOSES ONLY, WITHOUT WARRANTY OF ANY KIND, AND VICWEST DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The information contained in the Materials could contain technical inaccuracies, defects or typographical errors, and information will be changed, updated and deleted without notice.   This web site may contain viruses or other harmful components.  Vicwest is not responsible for 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.

Vicwest assumes 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 this web site or your downloading of any Materials from this web site.

Vicwest may make improvements and/or changes in the products and/or the programs described on this web site at any time.

Additionally, Vicwest makes no representations or warranties whatsoever about any other web site that you may choose to access through this web site. Links provided by Vicwest to such web sites are provided solely for your convenience and should not be deemed to imply that Vicwest endorses those web sites or any content therein. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VICWEST, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS,  BE LIABLE TO ANY PARTY FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR OTHER TYPES OF CONSEQUENTIAL DAMAGES BASED ON CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF VICWEST IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.


Your web site 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 Vicwest representative.  Vicwest recommends that you choose a password that is unique to you and not easily guessed by others. 

All login names and passwords remain the property of Vicwest, and may be cancelled or suspended at any time by Vicwest without any notice or liability to you or any other person.  Vicwest 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 Vicwest of any unauthorized use of your login name or password, or if you know or suspect that your login name and password has been lost or stolen, has become known to any other person, or has been otherwise compromised.


As a condition of your use of this web site, you agree that you will not use this web site for any purpose that is unlawful or prohibited by these Terms of Use.  If you breach any of these Terms of Use, you may no longer use this web site.  Vicwest may, in its sole discretion, cancel or terminate your right to use this web site, or any part of this web site, at any time without notice.  In the event of termination, you are no longer authorized to access this web site or the part of this web site affected by such cancellation or termination.  In such event, the restrictions which these Terms of Use impose on you with respect to this web site shall still apply.  Vicwest is not liable to any party for such damages arising from such a termination.


This web site contains links to web sites owned or operated by other entities which are not associated or affiliated with Vicwest.  These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Vicwest of the linked web site or information contained therein or of their security or privacy practices.  Vicwest shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites.  If you decide to access other web sites, you do so at your own risk.  Framing of the Vicwest web site or any of its content in any form and by any method is strictly prohibited. 


Submitting information to Vicwest:  By accessing this web site, you are deemed to have read the Privacy Policy, the terms of which are incorporated herein, and agree the terms of such policy are reasonable.  You consent to the collection, use and disclosure of your personal information by Vicwest in accordance with the terms of and for the purposes set forth in the Privacy Policy. Vicwest DOES NOT want to receive confidential or proprietary information from you through its web site. Any information or materials that Vicwest receives through its web site, other than your personally identifiable information, as explained in Vicwest's Privacy Policy, will be deemed to be NON-CONFIDENTIAL. By transmitting to Vicwest information or materials via this web site or otherwise through electronic means, you grant to Vicwest an unrestricted, irrevocable license to use, reproduce, display, modify, perform, transmit and distribute such information or materials, and you also agree that Vicwest is free to use the information or materials, including any ideas, know-how, concepts or techniques contained therein free of charge for any purpose whatsoever. Information Vicwest publishes on the World Wide Web may contain references or cross references to Vicwest products and services that are not announced or available in your country. Such references do not imply that Vicwest intends to announce such products or services in your country. Consult your local Vicwest business contact for information regarding the products and services that may be available to you.


These Terms of Use, including the Privacy Policy constitute the entire agreement (this Agreement) between you and Vicwest relating to your access and use of this web site.  Vicwest's failure to insist upon strict performance of any provision of this Agreement does not mean that Vicwest is waiving any of its rights under this Agreement.  If a court determines that any of the provisions contained in this Agreement are void, invalid or unenforceable, such determination will not affect the validity and enforceability of the rest of this Agreement.


This Agreement is governed by and is to be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. Both you and Vicwest irrevocably submit to the exclusive jurisdiction of the courts of the province of Ontario.

This web site may contain other proprietary notices and conditions of use, the terms of which must also be observed and followed.