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TERMS OF USE & E-CARE SITE SERVICES AGREEMENT (“AGREEMENT”) PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I AGREE" BUTTON AT THE BOTTOM OF THE PAGE YOU ACCEPT THIS AGREEMENT AND REPRESENT THAT THE STATEMENTS IN YOUR APPLICATION ARE TRUE. Agreement. In this e-Care Agreement ("Agreement") "you" and "your" refer to each customer (the "Customer"), "we", us" and "our" refer to PRIMUS MANAGEMENT ULC (“PRIMUS"). Your Representations and Warranties to Us. You agree, represent and warrant that: i) you are of legal capacity to enter into this Agreement; ii) the information that you have given us in order for us to provide you with Services is accurate and complete and you have obtained the necessary consents to provide us with such information. Customer Information and Privacy. You agree that you will not provide us with information that is false and that you have all the necessary consents to use such information. You also agree that you will provide specific current, complete and accurate information about you as required and that you will maintain and update this information as needed to keep it current, complete and accurate. All information collected and maintained by us will be subject to our Privacy Policy which you can review at www.primustel.ca/en/legal/privacypolicy.htm. Passwords and Account Identification. Please safeguard your account identification and password from any unauthorized use. You agree that you are responsible for its protection and in no event will we be liable for the unauthorized use or misuse of your account identification or password. Use of the Site. You agree to follow the terms and conditions as set out in PRIMUS’s Acceptable Use Policy and General Terms of Use at www.primustel.ca, which are binding part of these terms and conditions. Disclaimers. This Service is provided to you "as is" and "as available". PRIMUS ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY. IN NO EVENT WILL PRIMUS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity. You agree to defend, indemnify and hold PRIMUS and its related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these terms and conditions by you or users of your account, or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account. Modifications to the Agreement. You agree we may revise the terms and conditions of this Agreement and change the Services provided under this Agreement. You agree to periodically view our web site for any changes. Any such changes will be binding and effective immediately on notification to you by the posting of the revised Agreement or change to the Services on our web site. Entire Agreement. These terms and conditions, including the PRIMUS Privacy Policy, AUP and General Terms of Use at www.primustel.ca, are a binding part of this Agreement and other documents referenced herein, constitute the entire agreement between PRIMUS and you with respect to your use of this Site. General. You agree that any your rights and obligations under this Agreement are not assignable. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and all applicable federal laws of Canada without reference to any rules of conflict of laws. Any actions relating to this Agreement must be brought in Ontario and you irrevocably agree and consent to the jurisdiction of such courts. Acceptance of this Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT. BY CLICKING ON THE "I ACCEPT BUTTON", YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ADHERE WITH THE TERMS OF THIS AGREEMENT, PLEASE CLICK THE "CANCEL" BUTTON. IF YOU HAVE CLICKED ON THE "I ACCEPT" BUTTON ACCIDENTALLY, PLEASE CALL US AND NOTIFY US IMMEDIATELY.