AXIA WEBSITE TERMS

Last revised: January 1, 2020

Welcome to the Axia website! These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, Axia’s websites as well as Axia’s social media pages or microsites on third party websites or services which Axia uses (collectively, the “Sites”), so please read them carefully. They do not alter the terms or conditions of any other agreement you may have with us for our services or service plans (including any ancillary hardware, equipment, software or communication facilities which are provided with or required to use Axia’s services or service plans). The terms “Axia”, “we”, “us” and “our” refer to Axia FibreNet, A Bell Canada company, and its affiliates and subsidiaries.

We reserve the right to modify these Terms of Use at any time. Any modifications will be effective upon posting and notice of the modifications to the Sites. Your continued use of the Sites following the posting of the modifications will constitute your acceptance of the modifications. Therefore, you should review the Terms of Use from time-to-time to understand the terms and conditions that apply to your use of the Sites. BY USING OUR SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DON’T USE THE SITES. IT’S THAT SIMPLE.

LICENSE AND SITES ACCESS

You may use our Sites for informational and personal or internal business purposes only. This doesn’t include, for example, any resale or commercial use of the Sites or their content, making derivative uses of the Sites or their content, or use of any data mining, robots, or similar data gathering and extraction methods. You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information (including the images and video found on our Sites, the content of any text or the layout/design of any page or form contained on a page) without our consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our consent. You may not reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Sites. You may not willfully tamper with the security of any portion of the Sites or knowingly access data available through the Sites not intended for you. Unauthorized use of our Sites will terminate the permission granted by these Terms of Use and may violate applicable law.

ONLINE TRANSACTIONS

Misprints and Errors

Although Axia strives to provide reliable and current information on the Sites, misprints or other errors may occur. Accordingly, Axia reserves the right to change the prices, fees and charges regarding the services and service plans available through the Sites at any time and from time to time without any notice or liability to you or any other person. If you order a service or service plan for which the price was incorrectly displayed on the Sites, Axia will provide you with a reasonable opportunity to cancel your order.

 

Service Plan Availability

Although Axia strives to ensure that services and service plans remain available, Axia cannot guarantee that services or service plans advertised on the Sites will be available when ordered or thereafter. If you order a service or service plan that is not available, Axia will notify you. Axia reserves the right to limit quantities sold.

 

Prices

All prices and other amounts appearing on the Sites are quoted in Canadian dollars, unless expressly indicated otherwise. Axia reserves the right to change prices advertised on the Sites at any time. The total price of your order will include the price of the ordered services or service plan plus all applicable taxes and delivery and handling charges.

 

Orders

The advertisements on the Sites are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order constitutes your offer to purchase the services or service plan referenced in the order. Your order will be deemed to be accepted once confirmation of your order has been provided by Axia. Age and Authorization You represent and warrant that you have reached the legal age of majority or are an authorized guardian to purchase services or service plans available through the Sites.

 

PERSONAL INFORMATION

Axia collects, uses and discloses your personal information in accordance with the Axia Privacy Statement, which is available by clicking here

COPYRIGHT

All copyrighted and copyrightable materials on our Sites, including, without limitation, our logo, design, text, graphics, pictures, video, sound files and other files, and the selection and arrangement thereof (“Materials”) are copyrighted by us or our partners, suppliers or licensors. You may view, copy and download the Materials for your informational and personal or internal business purposes only. The Materials may not be copied, displayed, communicated, communicated to the public by telecommunication, performed in public for educational or training purposes, distributed, reproduced or republished, in any form, for any other purpose without our advance written consent or consent from the owner. You may not modify the Materials or remove or alter any copyright and other proprietary notices contained in the Materials.

COPYRIGHT COMPLAINTS

If you believe in good faith that your work has been copied and posted to the Sites in a way that constitutes copyright infringement, you (or your agent) may send Axia a notice requesting us to remove the infringing material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send Axia a counter-notice.

TRADEMARKS

Axia, the Axia logo and other trade names and trademarks mentioned on the Sites are either trademarks or registered trademarks and our property or the property of our partners, suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our permission or permission from the owner. In addition, all page headers, custom graphics, button icons, and scripts are our trademarks and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our permission.

LAW ENFORCEMENT, INVESTIGATION AND PROTECTION

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business, we may access and disclose information we consider necessary or appropriate, including user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information and usage history.

COOKIES AND WEB TECHNOLOGIES

Like most other commercial websites, our Sites may monitor traffic patterns, website usage and related website information. We may automatically collect or compile certain information when you access our Sites, such as the aggregate and unique number of visitors to our Sites, the dates and times of visits to our Sites, the domains/countries of visitors, the pages of visited and the content accessed, the browsers, operating systems, search engines and search terms used to visit our Sites and HTTP errors generated. We use this information in order to optimize our Sites and to assess usage. We may provide this information to our website contractors for these purposes. We use cookies to store information about you in order to tell us that you have visited our Sites before and simplify and enhance your experience on our Sites. A cookie is a small amount of text that is sent to your browser from a web server and stored on your computer’s hard drive. If you configure your browser to accept cookies, then your browser adds the text in a small file.

COMMUNICATION AND INTERACTIONS ON OUR SITES

We cannot guarantee the confidentiality or security of any e-mail communications or information sent by you to us via the Sites. If you wish to send us confidential information, please notify us first to make arrangements.

On our Sites, you may not post or transmit any threatening, false, fraudulent, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane, or infringing material or any material that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or that infringes, misappropriates or violates any third party’s rights, including any intellectual property right, or that misrepresents any identity.

You are solely responsible for all information, content or other materials (“Your Content”) you communicate to others using our Sites or that originates from your use of our Sites and you acknowledge that we are not responsible and do not control any material originating from users of our Sites. By posting Your Content, you represent and warrant that you have the lawful right to distribute and reproduce Your Content, including but not limited to all required consents under privacy law. Even though we assume no obligation to screen or monitor materials originating from users of our Sites, we reserve the right to do so and you authorize us to screen, filter, block, move, refuse, modify or remove user materials and access to our Sites at any time in our sole discretion, without prior notice.

Axia does not claim ownership of Your Content that you post on the Sites, however, by doing so you agree that Your Content is non-confidential and hereby grant to Axia a worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free and sublicensable license to use, modify, publicly perform, publicly display, reproduce, and distribute Your Content solely on, through or in connection with the Sites. Any Your Content that you provide to us on any of Axia’s social media pages or microsites is collected by us and not by any third party website or service which Axia uses to offer the social media pages or microsites.

Without our permission, all advertising or commercial solicitation on our Sites is prohibited.

DISCLAIMERS

“AS IS” BASIS. THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS ON OUR SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT OUR SITES OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We reserve the right to change the Sites, and to terminate the Sites, at any time.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITES.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

FORWARD-LOOKING STATEMENTS

Information on the Sites may contain forward-looking statements, including, without limitation, statements containing the words “should”, “believe”, “anticipate”, “may”, “plan”, “will”, “continue”, “intend”, “expect”, “estimate” and other similar expressions which constitute “forward-looking information” within the meaning of applicable Canadian securities laws. These statements are based on our current expectations, estimates, forecasts and assumptions about the operating environment, economies and markets in which we operate and are subject to important assumptions, risks and uncertainties that are difficult to predict. Examples of these statements would include those where Axia forecasts its success and timing in winning new NGN business, the timing of completion and estimated total costs of our networks, the revenues and operating costs associated with these networks over time, and Axia’s ability to generate future cash flows and avail itself of other financing alternatives given current market conditions. The assumptions, risks and uncertainties that could cause actual results to differ materially from the forward-looking information, include, but are not limited to, changes in customer markets, changes in demand for our services, our inability to deliver services in a timely and cost efficient manner, technological change, general economic conditions and other risks detailed from time to time in our ongoing filings with the Canadian securities regulatory authorities, including those in our Annual Information Form, which filings can be found at www.sedar.com. Given these assumptions, risks and uncertainties, readers are cautioned not to place undue reliance on such forward-looking statements. Unless otherwise required by applicable securities laws, we undertake no obligation to publicly update or revise any forward-looking statements either as a result of new information, future events or otherwise.

TSX stock quote: All quotes are delayed at least 15 minutes unless otherwise stated and are believed to be accurate but are not guaranteed or warranted by the TSX Inc. (Source: TSX Inc.)

PRESS RELEASES

The information contained within press releases issued by Axia should not be deemed accurate or current except as of the date the release was posted. Axia has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

TERMINATION

We reserve the right to terminate your access to the Sites, in whole or in part, at any time.

GENERAL

These Terms of Use are governed by the laws of the Province of Alberta and applicable laws of Canada, without regard to any conflicts of law that would apply a different body of law. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.