Decoration
Terms of Use
Legal Notice
Part 1 - Terms Applicable to the Website and Offered Services
1. APPLICATION OF THE TERMS OF USE

These terms of use (the "Terms of Use") apply to the use of this website (the "Website") and any services offered ("Offered Services") through this Website. Please read these Terms of Use carefully before using the Website as they contain important information that you should be aware of before using information contained within this Website and any Offered Services. In addition to these Terms of Use, certain Offered Services may have additional terms and conditions in relation to your use of such Offered Services.

BY ACCESSING AND BROWSING THE WEBSITE WITHOUT USING ANY OFFERED SERVICES, YOU AGREE TO PART 1 OF THESE TERMS OF USE WITH Mircom Technologies Ltd. and its affiliates, subsidiaries and divisions, including without limitation Mircom Inc., (collectively, "Mircom" or the "Companies"). BY ACCESSING AND USING ANY OFFERED SERVICES CONTAINED IN THIS WEBSITE, THEN IN ADDITION TO PART 1, YOU AGREE TO PART 2 OF THESE TERMS OF USE WITH the Companies. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE PLEASE STOP USING THE WEBSITE IMMEDIATELY.

The Companies may revise and update these Terms of Use at anytime without notice. Please periodically review the Terms of Use posted at the Website. Your continued usage of the Website will mean acceptance of those changes.

The Terms of Use apply only to your use of the Website and the Offered Services and do not specifically apply to any other services or products that you may purchase from Mircom, its subsidiaries or affiliates or any third party.

2. NO SOLICITATION

The information provided through this Website is intended solely for the general knowledge of visitors to the Website. The information on this Website is not intended to modify, qualify, supplement or amend information disclosed under corporate legislation of any jurisdiction applicable to Mircom.

3. CURRENCY AND ACCURACY OF INFORMATION

Although Mircom makes reasonable efforts to ensure that the information provided through this Website is current and accurate, Mircom makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.

4. HARDWARE, SOFTWARE AND INTERNET ACCESS

It is your responsibility to ensure that you have the appropriate hardware, software, and Internet access services to access the Website and allow proper use of the Website and any Offered Services. If you have difficulty using the Website or the Offered Services, please notify Mircom. Neither Mircom, nor any of its subsidiaries or affiliates or any third parties on the bill, shall be responsible for any of your costs associated with your use and/or access of the Website and any Offered Services.

5. LINKS TO THIRD PARTY SITES

The Website contains links to third party sites. These links have been provided solely as a convenience for users of the Website and do not constitute an endorsement by Mircom or any of its subsidiaries or affiliates of the content of such third party sites. Links to the Website may also be provided from other sites either known or unknown to Mircom or any of its subsidiaries or affiliates. Access to any other website linked to or from the Website is at your own risk. Mircom, or any of its subsidiaries or affiliates, has not reviewed and is not responsible for the content of any third party sites linked to or from the Website and does not make any representations regarding the content or accuracy of materials on such third party sites.

6. LIMITED LICENSE, COPYRIGHT, TRADEMARKS AND USE

The Website and its contents are protected by copyright, trademark and other proprietary rights of Mircom, its subsidiaries or affiliates, or third parties. Except as expressly permitted in these Terms of Use, no portion of the Website or its contents, including trademarks, logos and service marks, may be reproduced in any form, or by any means, without prior written permission from Mircom, its subsidiaries or affiliates, or the applicable third party and nothing herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property, including patent, trademark or copyright of Mircom, its subsidiaries or affiliates, or any third party.

Mircom grants to you a limited, personal, non-transferable license to use and copy materials published by Mircom on the Website solely for non-commercial use within your organization in support of Mircom products or services. Such license is revocable by Mircom at any time and at Mircom's sole option. No other use of the materials is authorized. In consideration of this limited license, you agree that any copy of Website materials which you make shall retain all copyright, trademark and other proprietary notices in the same form and manner as on the original and you must explicitly acknowledge Mircom as the provider of such content and the owner of such copyright or trademark.

You will use the Website, the Offered Services, and any other content or information found on the Website solely for lawful purposes. You shall not upload to, distribute to or otherwise disseminate through the Website any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of another person or entity, or contains a solicitation of funds, advertising or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Website. You will also be liable for any loss or damage resulting, directly or indirectly from you making any material or information available through the Website.

You acknowledge that your use of portions of the Website, including an Offered Service may require a user id and password. You must keep your user id and password confidential. You will be responsible for any use of any Offered Services through the use of your user id and password whether or not authorized by you.

7. MODIFICATIONS

Mircom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, including and Offered Service (or any part thereof) with or without notice. You agree that Mircom shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that Mircom may establish general practices and limits concerning use of the Service. You further acknowledge that Mircom reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

8. TERMINATION

You agree that Mircom, in its sole discretion, may terminate your use of the Website and the Offered Services or particular Offered Service, your password, account (or any part thereof) or use of the Service. Without limiting the generality of the foregoing, Mircom may terminate your access to the Website or any Offered Service if Mircom believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Mircom may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Mircom may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Mircom shall not be liable to you or any third-party for any termination of your access to the Service.

9. DISCLAIMER AND EXCLUSION OF WARRANTY

YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY OFFERED SERVICES (INCLUDING DOWNLOADING ANY MATERIALS FROM THE WEBSITE) IS AT YOUR SOLE RISK AND IS PROVIDED BY THE COMPANIES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE REMAINS WITH YOU.

10. EXCLUSION AND LIMITATION OF LIABILITY

IN NO EVENT SHALL MIRCOM, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SUPPLIERS (THE "MIRCOM PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE, ANY OFFERED SERVICE AND/OR FOR ANY BREACH OF THE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, DEATH, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS, EVEN IF SUCH PARTIES OR ANY ONE OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, AND ANY OFFERED SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE OFFERED SERVICES.

11. INDEMNIFICATION

You agree to indemnify and hold Mircom, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

12. INVALIDITY OF PROVISIONS

If any provision or provisions of the Terms of Use shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

13. JURISDICTION

Except where otherwise specified, the Terms of Use shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. You agree to comply with all applicable laws and regulations in your use of the Website and the Offered Services, including all applicable federal, provincial and local laws, and, if your reside outside of Canada, the laws of the country where you reside. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Unless otherwise set out in Part 2 of these Terms of Use in respect of a particular Offered Service, any dispute arising out of the use of the Website or these Terms of Use shall be governed by the laws of the Province of Ontario, Canada. You agree to submit to the non-exclusive jurisdiction of the courts in the Province of Ontario, Canada.

14. HEADINGS

The headings contained herein are for convenience of reference only and shall not form part of the Terms of Use. Such headings shall be ignored in the interpretation or construction of any of the Terms of Use.

15. ENTIRE AGREEMENT

The Terms of Use, which may be modified from time to time, including any documents referenced herein and any other applicable terms and conditions contained on the Website, constitute the entire agreement between Mircom and you pertaining to your use of the Website. The Companies' failure to enforce any provision of the Terms of Use shall not be construed as a waiver of such provision. For clarity, an Offered Service may have additional terms and conditions pertaining to the use of such Offered Service, which additional terms may be found on that portion of the Website relating to such Offered Service or which may have been provided to you by other means.

16. ASSIGNMENT

The Terms of Use shall bind and enure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder.

17. ENGLISH LANGUAGE

The parties confirm that it is their wish that the Terms of Use any other documents delivered or given pursuant to the Terms of Use, including notices, have been and shall be in the English language only. Les parties aux présents confirment leur volonté que cette convention de même tous les documents, y compris tous avis, s'y rattachant, soient rédigés en anglais seulement.

18. PRIVACY POLICY

By using the Website, you agree to be bound by Mircom's Privacy Policy.


PART 2 - TERMS APPLICABLE TO OFFERED SERVICES
19. GENERALLY

In addition to the general conditions set out in these Terms of Use, this Section contains additional terms and conditions that relate to particular Offered Services. The Companies reserve the right to withdraw any of the following Offered Services at any time upon reasonable notice, which notice may be provided through this Website, or in such other manner as the Companies determine appropriate in the circumstances.

20. ELECTRONIC PRICE LISTS

a) The Mircom Group provides registered users with access to an on-line price list specific to their customer account with the Company. Unless explicitly stated otherwise, any current or future use or posting of information on this site, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Mircom assumes no responsibility for the timeliness, functionality, mis-delivery or failure of the Service.

b) In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mircom has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mircom has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

c) You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) maintain in confidence all information accessed through the Service; (b) immediately notify Mircom of any unauthorized use of your password or account or any other breach of security, and (c) ensure that you exit from your account at the end of each session. Mircom cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

d) You agree to not use the Service to:

  • falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, transmit or otherwise make use of the Service in a manner that you do not have a right to use under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of customer or employment relationships or under nondisclosure agreements);
  • upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and
  • intentionally or unintentionally use the Service to violate any applicable local, provincial, national or international law.

e) You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, functionality or usefulness of such Service.

f) You acknowledge and agree that the Mircom Group may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) protect the rights, or property of the Mircom Group.

g) You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

h) You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

i) You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws including copyrights, trademarks, service marks and patents. Except as expressly authorized by Mircom, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

21. ELECTRONIC BILLING SERVICES

(a) By enrolling for electronic billing services (the "e-Billing Services"), you will no longer receive a paper bill. You will receive an email to notify you when your electronic bill is ready for viewing. It is your responsibility to ensure that your information including email address is correct and up to date. Failure to receive email notification does not limit your obligation to pay your bill on time.

(b) Once enrolled and for so long as you are using the e-Billing services, you have a limited, personal, non-transferable license to view, download an electronic version and print your bill and any inserts or enclosures (collectively the "Materials"). You may not alter, change, distort or otherwise modify the Materials or any content contained therein, including the amount and description of the charges on the bill or any terms or any proprietary notices contained on any of the Materials. You will not access or attempt to access any Materials, including the bill, of any other person.

(c) The Exclusion and Limitation of Liability contained within Section 10 of the Terms of Use shall extend to and apply to the benefit of any third parties whose charges appear on the electronic bill or who have contributed enclosures or inserts to the electronic bill.

(d) The e-Billing Services are governed by the Province of Ontario and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. You agree to comply with all applicable laws and regulations in your use of the Website and the Offered Services, including all applicable federal, provincial and local laws, and, if your reside outside of Canada, the laws of the country where you reside. If you access the e-Billing Services from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any dispute arising out of the use of the e-Billing Services shall be governed by the laws of the Province of Ontario, Canada. You agree to submit to the non-exclusive jurisdiction of the courts in the Province of Ontario, Canada.


Revision Date: January 2009