FedPhoneLine (8776440 Canada Inc.) will be referred to in this document as the "Company". The service requester services will be referred to in this document as the “Customer” or “Account Holder”.
Company reserves the right to change, modify, update prices (Price Plans, Features, special numbers, etc.) add or remove portions of the Terms of Service at any time without direct notification to subscribers.
The Customer must check these Terms of Service for changes. The Customer's continued use of this website and of the Company's service following the posting of changes to the Terms of Service will be considered an acceptance of those changes.
Service is offered monthly as selected at the time of subscription. Fees are fully earned and non-refundable.
Subsequent terms of this Agreement will be renewed automatically on the same term as selected by the Customer unless the Customer terminates the services by accessing their account on fedphoneline.com/login. The account, services, and monthly subscription will be terminated at that time.
It is also the Customer's sole responsibility to verify and review their invoices and periodically check-in on the status of their account and update credit cards or other payment methods as may be necessary. If the Customer notices any discrepancies, or if their account is compromised in any way, the Customer is responsible to immediately notify Company of any required changes.
Company services are provided solely to the Account Holder to be used by ONE intended correspondent. The Customer cannot resell, transfer, or share Company's services to any other person, different Account Holder, or correspondent, for any purpose. FedPhoneLine numbers are for personal use only and not intended for commercial use.
If Customer's intended correspondent transfers to a DIFFERENT Institution than the original Institution chosen during the time of the FedPhoneLine number activation, the Customer can transfer their FedPhoneLine number at no extra cost.
Using the feature to transfer the FedPhoneLine number for ANY other reason is strictly prohibited. The following Example displays, but is not limited to, misuse of the Institution Transfer Feature.
Example:
A Customer currently has a FedPhoneLine number for Central East Correctional Centre in Lindsay, Ontario. The Customer logs into their account and requests a transfer to a new institution, however, the Customer selects the same Institution, the Central East Correctional Centre.
This is a misuse of the Institution Transfer Feature and is prohibited.
If a Customer transfers their FedPhoneLine number to a different Institution the new FedPhoneLine number will have the same FedPhoneLine Calling package as their previous account. A Customer can only transfer the FedPhoneLine number ONE time. It is prohibited to request more than one transfer for a single FedPhoneLine number. The following Example displays, but is not limited to, misuse of the Institution Transfer Feature.
Example:
A Customer currently has a FedPhoneLine number for Central East Correctional Centre in Lindsay, Ontario. Customer logs into their account and requests a transfer to the Central North Correctional Centre in Penetanguishene, Ontario. The Customer logs back into the account for their Central East Correctional Centre FedPhoneLine number and requests a second transfer to the Central North Correctional Centre in Penetanguishene, Ontario. Thus, giving the Customer two FedPhoneLine numbers for Central North Correctional Centre.
This is a misuse of the Institution Transfer Feature and is prohibited.
Doing any of the above-mentioned misuses of the Institution Transfer Feature will be a violation of the Terms and Conditions, and allows the Company to take measures, including but not limited to, termination of Customer's account.
The Customer agrees to use Company's services solely for lawful purposes.
Company's services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially, or ethnically disparaging remarks or otherwise objectionable material of any kind.
This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national, or international law.
Company reserves the right to terminate service immediately and without advance notice if the Customer violates the above restrictions.
Company reserves the right to refuse service to any person for any reason, including but not limited to the actions listed in Section 4(e) of these Terms.
The Customer must be at least 18 years of age to register for an account. If the Customer is not yet 18 years of age, a parent or guardian must sign up for the account using their own payment information. If the account is approved, the adult will be responsible for all payments to the account.
The Customer agrees to notify Company immediately, in writing or by email, if the Customer becomes aware that his or her service is being stolen or used fraudulently. When contacting Company, the Customer must provide the account number and a detailed description of the circumstances of the said Company theft or stolen or fraudulent use of Company services.
Failure to do so in a timely manner may result in the termination of the Customer's service and additional charges to you. Please note that it is the Customer's responsibility to secure any credentials provided to them by Company.
Company cannot transfer (or port) the number to another provider or upon termination of Company's services.
It is understood that Company has the authority to direct the Customer's calls through the prison/jail to Company's lines (if appropriate).
Company Customers must note that the service provided are solely for regular residential or use.
The Customer shall not resell or transfer the service to another party without prior written consent from Company. The Customer is also prohibited from using the service for autodialing, telemarketing, fax or voicemail broadcasting or fax or voicemail blasting.
We reserve the right to immediately terminate or modify a Customer's service if we determine that his or her use of the service is, or at any time was, inconsistent with normal residential usage patterns.
In addition, the Customer will be required to pay our rates for telecommunication service for all periods in which his or her use of the service or the device was inconsistent with personal use.
The Customer is solely responsible for the security and integrity of their VoIP gateway, and acknowledges that any usage charges resulting from unauthorized access to their gateway or network by a known or unknown party will be invoiced to the Customer.
The Customer acknowledges and agrees that all content available on this website is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
Except as expressly authorized by Company Inc., the Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
Notwithstanding the above, the Customer may print or download one copy of the materials or content on this website on any single computer for their personal, non-commercial use, provided the Customer keeps intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Company Inc. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Company Inc.
The Customer acknowledges and understands that Company's services may not function in the event of a power failure. Should there be an interruption in the power supply; services may not resume until power is restored.
The Customer acknowledges and understands that service outages due to suspension of his or her account as a result of billing issues will prevent any calls from being made or received.
The Customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent any calls from being made or received. Such outages may occur for a variety of reasons, including but not limited to, those reasons described elsewhere in this Agreement.
IMPORTANT INFORMATION ABOUT EMERGENCY 9-1-1 SERVICE:
This service is designed for redistribution of incoming calls only. NO outbound calls can be connected through this service.
There are no 911 services available or applicable to this service.
Company will provide invoices stating the recurring fees for the upcoming term. The invoices will be provided via Email upon successful payment and within the respective account on the second day of the month. Invoices are due and automatically billed per the billing provisions selected by the customer at the time of subscription. Call History Logs for the account, outlining all calls placed to the FedPhoneLine number associated with the account within the current term, will be provided on the account profile. Customer Call logs reset on the 1st of each month when a new term begins. Call logs can only be retrieved for the current month (and not for previous months). Customer is responsible for reviewing the Call Logs if the Customer suspects any type of discrepancy in Per Call fees taken from Top Up balance prior to the current term ending. Top up balances are only applicable to Collect Call Accounts.
A late payment charge applies when a credit card or debit payment is rejected for 5 consecutive days. A late of $20.00+tax will be applied after the 5th day of nonpayment to cover costs of manual reactivation of the account.
Customers are given the ability to request changes to their Account's Monthly Plan but must meet certain criteria for the request to be fulfilled.
Failure to meet ALL criteria will result in the request being denied. All Account Monthly Plan change requests will receive a confirmation email that the request was received AND a follow up email informing that the request has either been completed or denied within 24 hours of the Account Monthly Plan change request being submitted.
A follow up email for a completed request will include a date in which the Customer will have to wait until before the customer can request another Monthly Plan change. A follow up email for a denied request will include the reason for the decline of the request.
i. An account must be active for a minimum of 21 days (3 weeks) before a change to the Account's Monthly Plan can be made. The only exception to this criterion is if the requested change does NOT affect the Monthly fee and all other criteria are met.
Example:
A Customer creates an account June 22nd, 2020, and the Account's chosen Monthly Plan is $6.99/Month + $1.50/call + $0.07/minute. On July 5th, 2020, 13 days after activation, a change request was made to change the Account's Monthly Plan to $39.99/Month + $1.50/call + $0.00/minute.
This request would be denied because the account has not been active for 21 days.
ii. Only 1 (ONE) request per month or 30 days (which ever is greater) will be fulfilled.
Example:
On August 27th, 2020, a Customer submits a change request from $39.99/Month + $1.50/call + $0.00/minute to $6.99/Month + $1.50/call + $0.07/minute. On August 29th, 2020, the same customer submits another change request.
This second request would be denied, or the Customer will be urged to contact support.
iii. For Account's that have previously had a change request fulfilled, any new requests in the following months MUST be either AFTER 30 days, OR between the 25th and the last day of the Month in which the 30 days ends in, which ever is greater.
Example:
On August 18th, 2020, a Customer submits a change request from $39.99/Month + $1.50/call + $0.00/minute to $39.99/Month + $2.00/call + $0.00/minute.
That request will be fulfilled, but Account's Monthly Plan cannot request another monthly Plan until after September 24th.
iv. Requests made that affect the Monthly Fee will only be fulfilled between the 25th and the last day of the Month. This is applicable to every month dispite the length of the month. If the request affects the per call fee, but not the Monthly fee, this can be fulfilled at anytime in the month as long as all other criteria are met.
Example:
On August 15th, 2020, a Customer submits a change request from $39.99/Month + $1.50/call + $0.00/minute to $6.99/Month + $1.50/call + $0.07/minute.
This request would be denied at this time. Customer would have to submit a new request anytime after August 24th.
v. All Accounts can have a total MAXIMUM of 5 change requests fulfilled within an 8-month period to prevent excessive Plan changing. Upon the 5th Plan change fulfillment in an 8-month period, the date in which the Customer will have to wait before another change request can be made will be a period of 4 months.
Example:
On October 27th, 2020, a Customer submits a change request from $39.99/Month + $1.50/call + $0.00/minute to $6.99/Month + $1.50/call + $0.07/minute. This request is the account's 5th change request since May 2020.
This request would be fulfilled, but Customer will be informed no more change requests can be made until February 25th, 2021.
The Customer must notify Company via email within seven (7) days after receiving their credit card statement if there is dispute of any Company charges or such dispute will be deemed waived.
Billing disputes should be reported to the following address: support@fedphoneline.com
Any billing dispute or chargeback made by the customer directly to their credit card company or financial institution, in lieu of notifying Company of the dispute, will result in a service interruption to any account with corresponding Customer information. Pending the result of the dispute, the service interruption may result in account termination of any account belonging to Customer.
Company accepts the following payment methods: Pre-authorized credit card withdrawals (Visa & Mastercard ONLY) and electronic credit card debit (Visa Debit and MasterCard debit).
The customer's initial use of services, after having submitted credit card or bank account information with the express request to be used for pre-authorized payments, validates Company's processing of the provided information for the due charges. The customer must notify Company of any changes in payment information by accessing the respective account and updating their payment method. The customer is responsible for charges that accrue during any billing period.
Company may terminate service at any time at its sole discretion if any charge to the Customer's credit card or bank account on file with Company is declined and/or in the case of any other non-payment of account charges.
In the case of termination of service for declined card or bank account or non-payment, the Customer is fully liable to Company for all charges accrued before termination, as well as for charges incurred by Company owing to non-payment, such as (but not limited to) collection costs and attorney's fees.
By Agreeing to Company's Terms of Service I hereby declare that all the information provided by me is true, complete, and correct to the best of my knowledge. I understand that this information may be used to determine my credit worthiness and in order to assess my ability to meet my financial obligations. I authorize fedphoneline.com and its agents or assigns to:
i. Request and obtain personal information on an ongoing basis from credit bureaus from previously collected credit history information.
ii. Exchange personal information on an ongoing basis with credit bureaus in order to protect me, to ensure the completeness of the information and to maintain the integrity of the credit granting system.
iii. Co-operate with local, provincial, and national authorities in the investigation of unlawful or improper activities in order to protect myself and Company from fraudulent transactions.
iv. Disclose my personal information where necessary to protect Company's and my interests.
v. I agree that Company may conduct a preauthorization on my credit card, in order to determine my credit worthiness, which will imply blocking an amount at least equal to the first invoice. The amount will be released in 48 hours (Note: certain banks release the amount upon customer's request).
vi. I acknowledge that based on the result of the credit verification, Company may request a security deposit which stands as a primary condition for providing the service. The deposit is calculated as 150% out of the monthly charges and might be returned upon request after 12 months of positive payment history.
vii. I acknowledge that if any infraction of Terms and Conditions resulting in termination of account and services occur, Company may request a security deposit which stands as a primary condition to continue providing the service. The deposit is calculated as 150% out of the monthly charges and will be applied to account upon request after 12 months of positive payment history. If for any reason the Customer’s account is terminated due to an infraction of Terms and Conditions, the deposit will be forfeited, and the Account Holder will consequently be barred from subscribing to the Company services in future.
Company reserves the right to discontinue providing services generally, or to terminate the Customer's service, at any time at its sole discretion.
If Company discontinues providing services generally or terminates the Customer's service at its discretion without a stated reason, the Customer will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the term's charges.
If service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of Company's services (such as, but not limited to, attempts to hack, disrupt, or misuse Company's services), the Customer will be responsible for the full charges to the end of the current term, including without limitation unbilled charges, plus a Disconnection fee, all of which become immediately due and payable.
In addition to Company's right to terminate the Customer's Services, Company may restrict, block, suspend or terminate any or all of the Customer' Services or accounts, without notice to the Customer, if:
i. Customer is in breach of the Agreement, including non-payment of charges or non-compliance with any Policies.
ii. Customer does not maintain Service usage within the prescribed minute limit.
iii. Customer does not agree with Company billing practices.
iv. Customer has given any false, misleading, or outdated information.
v. Company reasonably suspects or determines that any of the Customer's account, identifiers or Services are the subject of fraudulent, unlawful, or improper usage or usage that adversely affects Company's operations or the use of Company's services, facilities, or networks by others.
vi. Customer harasses, threaten or abuses Company or its employees or agents.
vii. Customer fraudulently or improperly seeks to avoid payment to Company.
viii. Company needs to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade, or improve the operation of the Services, its facilities, or networks.
ix. Any account or service on which the Customer's Services depend is terminated for any reason.
x. Company reasonably believes that there is an emergency or extreme circumstance that would warrant such action.
Customer acknowledges and agrees that if the services are no longer required, it is the Customer’s responsibility to access their account profile to terminate the services. Upon the Service Agreement Termination, Customer will remain responsible for payment of all outstanding balances accrued on the account if the Customer requires reactivation of account. Reactivation of account is not guaranteed. After account termination the customer can no longer access their account and will not be able to retrieve or request any account information.
Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Company as a result of providing Company's services or a device will be billed to the Customer's account. If a Customer is exempt from payment of such taxes, then that Customer will provide Company with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Company receives the Tax-Exempt Document.
To make our customers lives easier, Company uses the batch payment method. This includes automatic monthly payments. The service will be billed monthly at 1:00 AM EST on the 1st of each month if the customer opts for automatic monthly payment. If the payment was unsuccessful the system will automatically try to charge the card on file, once per day at the same time of day until the 5th of the month.
After the 5th of the month, if payment is not made the account is blocked and the customer must pay a $20+tax late fee which is added to the monthly bill.
All FedPhoneLine Collect Call and Calling Card numbers are assigned to customers upon signup. At this time, each profile is given a unique Referral Code. Customers (known as Person A) can give this Referral Code to any individual creating a new FedPhoneLine account (known as Person B).
When Person B uses the Referral Code to signup for a FedPhoneLine Collect Call number or Calling Card number, Person B will save 15% on their first payment upon sign up and the Person A will save 15% off their next monthly bill for the FedPhoneLine number associated with the Referral Code.
The Referral Code can be provided to an unlimited number of Referees. Persons B who signs up will always receive a 15% discount off their signup fee. However, Person A will be able to receive a maximum discount of 75% discount off their monthly bill within a calendar month.
Each FedPhoneLine number, and corresponding customer profile, has a unique Referral Code. When a FedPhoneLine account is transferred due to a location change, a new customer profile is created and a new FedPhoneLine number is issued to the customer. The new FedPhoneLine number will have a new unique Referral Code. If a customer transfers their FedPhoneLine number to a new FedPhoneLine number, discounts accumulated with the original Referral Code do not transfer to the new FedPhoneLine account.
No customer may use the Referral Program to violate any law, infringe or violate the rights of any third party. In addition, no customer may tamper with the Referral Program, act in an unfair or disruptive manner, or use any system, bot or other device or artifice to participate or receive any benefit in the program. Any attempt to deliberately damage or undermine this Referral Program may result in service interruption to any account with corresponding Customer information or lead to account termination of any account belonging to the Customer.
FedPhoneLine reserves the right to cancel, modify or terminate the Referral Program at any time for any reason. FedPhoneLine reserves the right to disqualify any Customer at any time from participation in the Referral Program if we have good faith belief that the Customer has violated any of these terms.
Referral discount information can only be retrieved for the current month (and not for previous months). Customer is responsible for checking their Referral discounts for accuracy and must present sufficient email evidence to FedPhoneLine if there is any discrepancy. If a customer believes a Referral discount should be applied to a new FedPhoneLine number that was acquired by transferring a previous account, it is the sole responsibility of the account holder to inform FedPhoneLine by 6pm EST of the last day of the current calendar month in which the Referral Code was used.
Company shall not be liable for any failure to provide its services or any degradation of voice quality caused by any of the following:
i. Act or omission of an underlying carrier
ii. Equipment, network, or facility failure
iii. Equipment, network or facility upgrade or modification
iv. Force majeure events such as (but not limited to) acts of god: strikes; fire; war; riot; government actions.
v. Equipment, network, or facility shortage
vi. Equipment or facility relocation
vii. Any other cause that is beyond Company 's control, including without limitation the failure of an incoming or outgoing call to be connected or completed, including a 9-1-1 emergency call. This includes degradation of voice quality. Company's liability for any failure or mistake shall in no event exceed service charges on account of the affected time period.
Company is not liable for incidental or consequential damages of any type.
UNDER NO CIRCUMSTANCES SHALL COMPANY INC., ITS PARENTS, SUBSIDIARIES, OR ITS LICENCORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR
INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY INC.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Customer agrees to defend, indemnify, and hold Company, its affiliates and agents and any other service provider who furnish services to the Customer in connection with this Agreement or Company's services, free from claims or damages by, or in the right of, the customer relating to this Agreement, Company's services, or the device. This paragraph shall survive termination of this agreement.
COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES "AS-IS" AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by one Company representative to the Customer. Except as otherwise specified herein, the Customer and Company each expressly undertake to retain in confidence all information transmitted to them by the other party pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement. The Customer and Company shall treat the terms and conditions of this Agreement as confidential; however, either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party's business. The receiving party's obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information.
IP telephony utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. Company is not liable for any lack of privacy which may be experienced by any Company Customer with regard to its services. Please refer to Company's Privacy Policy for additional information.
Notices to Customers shall be sent to the email address on file for the Customer and will be considered given on the date sent out by Company to the party concerned.
Company regards its Customer's privacy as one of its most important values and believes that its Privacy Policy will give the Customer confidence whenever they use Company services. Please review the Privacy Policy for a more detailed outline on how the Company collects, uses, and discloses personal information.
Company collects personal information to:
i. Help provide the Customer with better service delivery.
ii. Understand each Customer's needs in order to recommend appropriate products or services.
iii. Better manage its own operations.
iv. Comply with legislative requirements.
v. Prevent fraud and protect Company and its Customers from possible fraudulent actions.
Company will advise the Customer of the reason it collects personal information when or before such information is collected.
The Customer's knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so.
Company will limit its collection of personal information to that which is necessary for the abovementioned purposes. This collection shall only be done by fair and lawful means.
Company will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law.
When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the Customer's information remains safe and secure.
Third parties include Company agents, other communication service providers (to enable service delivery outside Canada), collection agencies, emergency services and law enforcement agencies.
Personal information shall be retained only as long as necessary for the fulfillment of those purposes.
Personal information shall be as accurate, complete, and up to date as is necessary for the purposes for which it is to be used. Customer accepts sole responsibility of managing all Account Holder information, and all information must belong to Account Holder. This can include but is not limited to contact information; billing information; payment information. Failure to do so may lead to interruptions in service or termination of services.
Personal information shall be protected by security safeguards appropriate to the sensitivity of the information. Each and every Company employee must abide by Company's Privacy Policy.
Only authorized Company employees are permitted to have access to a Customer's personal information and such access is limited by need.
If a customer calls Company's Customer Care department with a concern or complaint for example, the representative is allowed to access only the personal information that he or she needs to address that concern.
Upon request, the Customer shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information.
The Customer may challenge the accuracy and completeness of the information and have it amended as appropriate.
Means information about an identifiable individual and includes information about the Customer's Company VoIP service selections.
Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card – including the Customer's address, telephone number and email address) is not considered personal information.
Mandatory Arbitration: Any dispute or claim between a Customer and Company arising out of, or relating to, Company's services provided by Company in connection with this Agreement shall be resolved by arbitration before a single arbitrator.
The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding.
Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
All claims shall be arbitrated individually, and the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process.
The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without regard to its conflict of law provisions.
The Customer and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario.
The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Company's services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement and the rates for services found on Company's website constitute the entire agreement between the Customer and Company and govern the Customer's use of Company's services.
This Agreement supersedes any prior agreements between the Customer and Company and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter between the Customer and Company as regularly updated.
No amendment to this Agreement shall be binding upon Company unless and until posted in accordance with Section 3 hereof.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable.
Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction 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 the other provisions of the Agreement remain in full force and effect.
Company reserves the right to terminate service immediately and without advance notice if the Customer violates the above Terms and Conditions.
