Privacy Policy
Our use of any personal information you provide us through our Website will be governed by our Privacy Policy. You may view our current Privacy Policy at Privacy Policy
Indemnification
You agree to defend, indemnify and hold harmless XM Canada and its affiliates, officers, agents, employees, licensors and service providers from any and all claims, liability and expenses, including attorneys' fees, whether in tort, contract or otherwise, relating to or arising out of your breach of these Terms of Use, applicable law or any right of XM Canada, its affiliates or any third party.
Termination
We may terminate your right to use our Website at any time and without notice. We will terminate your right to use our Website if you violate any of these Terms of Use or any other policy posted on our Website, or if we become aware that you are a copyright infringer.
Disclaimer of Warranties / Limitation of Liability
YOUR USE OF XMRADIO.CA IS AT YOUR SOLE RISK. THE CONTENT OF XMRADIO.CA AND ANY GOODS AND SERVICES YOU ACQUIRE FROM XMRADIO.CA ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WE MAKE NO WARRANTY THAT THE CONTENT OF THE WEBSITE IS ERROR-FREE AND TIMELY WITH ALL UPDATES.
WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING THOSE RESULTING FROM THE USE OF OR THE INABILITY TO USE XMRADIO.CA, FROM GOODS OR SERVICES ACQUIRED THROUGH XMRADIO.CA OR FROM ANY CONTENT POSTED ON XMRADIO.CA BY US OR ANYONE ELSE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General
These Terms of Use are the entire agreement between XM Canada and you in connection with your use of this Website. These Terms of Use are governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to their principles of conflicts of law. The courts of the Province of Ontario, Canada shall have exclusive jurisdiction with respect to any dispute arising from these Terms of Use and you consent to the jurisdiction of these courts for the purpose of any such proceeding. Any part of these Terms of Use found to be invalid or unenforceable by a court of competent jurisdiction will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable parts of this Agreement will remain binding upon the parties. By choosing to access our Website from any location other than Canada , you accept full responsibility for compliance with all local laws. You are also subject to any Canadian export controls and are responsible for any violations of applicable Canadian rules and regulations restricting exports.
We may change these Terms of Use from time to time by posting revised Terms of Use on this Website, without notice to you. Your subsequent use of this Website will be governed by the new Terms of Use. Any questions about the Terms of Use should be directed to [email protected].
Effective Date: November 14, 2005