User guide

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and merchantable quality with regard to any merchandise, information, programming,
advertising, content or service and those arising from a course of dealing or
usage of trade.
12.3 Northwestel does not warrant uninterrupted use or operation of the equipment
and/or services.
12.4 Northwestel does not warrant that any data or communication sent by or to you
will be transmitted in uncorrupted form or within a reasonable period of time,
or that any content or other material accessible on or from the services is free
of defect, error or viruses.
12.5 Northwestel does not warrant that the content, including without limitation content
of any programming and/or advertising that is accessible on or from the services.
13 Disputes and Governing Law
13.1 Any disputes or claims (“Claims”) whatsoever between Northwestel and you will be
referred to and determined by arbitration to the exclusion of the courts, with costs
paid by each party. If you have a claim you should give written notice to arbitrate to,
Northwestel at: Box 1469, 5120 – 49th Street, Yellowknife NT Attention: General
Manager.
13.2 Arbitration will be conducted by one arbitrator pursuant to the laws and rules relating
to commercial arbitration in the province or territory in which you reside that are in
effect on the date of the notice. If Northwestel has a claim, Northwestel will give your
notice to arbitrate at your billing address. Arbitration of claims will be conducted in
such forum and pursuant to such rules as you and Northwestel agree upon and failing
agreement will be conducted by one arbitrator pursuant to the laws and rules relating
to commercial arbitration in the province or territory in which you reside 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.
13.3 You agree to waive any right you may have to commence or participate in any class
action against Northwestel related to any claim, where applicable you also agree to opt
out of any class proceedings against Northwestel.
13.4 This Agreement shall be governed by and construed in accordance with the laws of
the province or territory in which your billing address is located and the federal laws of
Canada applicable therein and you hereby consent to the exclusive jurisdiction of the
courts of such jurisdiction. Please note that your rights and remedies may vary
by province and territory.
14 Confidentiality
14.1 Northwestel abides by its Code of Fair Information Practices which can be found at
nwtel.ca or by contacting Northwestel.
11.3 Northwestel shall not be liable for, and you shall indemnify and save Northwestel
harmless from and against all suits, claims or judgments howsoever arising out
of any of the following;
11.4 Claims for libel, slander, infringement of copyright, trademark or other intellectual
property rights or contractual rights of any third party or based on any other legal theory
howsoever arising from the material, data or other content from the Services;
11.5 Any losses, damages, expenses or costs (including legal fees) arising out of or in
connection with any claim, or other proceeding based on a contention that the use
of the equipment and/or the services by you or a third party infringes any intellectual
property rights or contractual rights of any third party; or
11.6 Claims by those to whom you provide access to the Equipment and/or the Services.
11.7 Northwestel shall not be liable for:
11.8 The denial, restriction, blocking, disruption, interruption or unavailability of the Services;
11.9 Any act or omission of any third party including, but not limited to, other provider of
connections, facilities or services;
11.10 Your conduct, acts or omissions;
11.11 Any event beyond the reasonable control of Northwestel including acts of God,
inclement weather (including lightning), power failures, labour disputes, riots or civil
disputes, war or armed conflict, any law, governmental order, decision or regulation, or
order of any court of competent jurisdiction;
11.12 Northwestel’s failure, for any reason, to activate the Services on the activation date you
requested or date provided to you by Northwestel;
11.13 Any defacement of, or damage to, your premises resulting from the attachment of
any instruments, apparatus or associated wiring and/or the Equipment furnished by
Northwestel, or removal thereof, when such defacement or damage is not wholly caused
by Northwestel’s negligence; and
11.14 Any damages you incur as a result of the operation or failure of Your Equipment,
facilities, wiring or other devices you use with the Services, including without limitation if
any of Your Equipment, facilities, wiring or other devices that you use with the Services
are now or thereafter become incompatible with the Equipment and/or the Services.
12 Limited Warranty
12.1 All equipment and the services are provided by Northwestel “as is” and “as available”
without warranties or conditions of any kind.
12.2 To the maximum extent permitted by applicable law, Northwestel disclaims all
warranties, representations or conditions, either express or implied, regarding the
Services or Equipment including warranties of title or non-infringement, or any implied
representations, warranties and conditions of fitness for a particular purpose