Terms of use

Terms of use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE CONTAIN CERTAIN DISCLAIMERS, INDEMNITIES, LIMITATIONS OF LIABILITY, DISPUTE RESOLUTION PROCESSES (ARBITRATION), CONSENTS TO USE PERSONAL INFORMATION AND RESTRICTED WARRANTIES.
 

Terms of Use

TenXc Wireless Inc. and its affiliates ("TenXc Wireless") make available information and other materials on this web site ("Materials"), subject to the following terms and conditions. By accessing this site, you agree to be bound by the terms and conditions as outlined in this legal notice. IF YOU DO NOT AGREE TO THESE CONDITIONS, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. TenXc Wireless reserves the right to change these terms and conditions from time to time at its sole discretion by updating this posting. Changes are effective on the date they are posted. You should visit this page from time to time to review the then-current terms. Your continued use of the site signifies your acceptance of any changed terms. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.


Ownership of Materials

The Materials on this web site, including without limitation any text, documents, notes, case studies, brochures, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of TenXc Wireless or its content suppliers and protected by Canadian and international intellectual property laws. The compilation of all content on this site is the exclusive property of TenXc Wireless and protected by Canadian and international intellectual property laws.


Copyright 2011 TenXc Wireless™ Inc. All Rights Reserved.

Except as specifically permitted herein, no Materials on this web site may be reproduced in any form or by any means without prior written permission from TenXc Wireless.


Electronic Communications

When you visit our website, or any pages thereof, or send e-mails to TenXc Wireless, you are communicating electronically. You consent to receive communications from TenXc Wireless electronically. TenXc Wireless may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that TenXc Wireless provides to you electronically satisfies any legal requirement that such communications be in writing.


Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this web site are the property of TenXc Wireless or other third parties. You are not permitted to use the Marks without the prior written consent of TenXc Wireless or such third party which may own the Marks. "TenXc Wireless" and the TenXc Wireless logo are trademarks of TenXc Wireless Inc. and may be registered in certain jurisdictions. All other trademarks not owned by TenXc Wireless that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TenXc Wireless.


Use of Web Site Materials

Except where otherwise stated on particular pages of this web site, TenXc Wireless grants you a limited license to access and make personal use of this site and to view and print Materials available on this web site subject to the following conditions:

  • The Materials may be used solely for personal, informational, non-commercial purposes;
  • The Materials may not be modified or altered in any way;
  • Any copy of the Materials or portion thereof must include the copyright and any other proprietary notices which accompany or are contained within the Materials. If such Materials or portion thereof are not accompanied by a copyright notice you must include the copyright notice set out above (see "Ownership of Materials"); and
  • TenXc Wireless reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from TenXc Wireless.

Except as expressly provided within these terms of use, you may not, without our express prior written consent, (i) sublease, lease, assign, sell, resell, license, sublicense, distribute, rent, export, re-export, publish, re-publish, upload, post, transmit, permit concurrent use of or grant other rights in or to the Materials; (ii) provide use of the Materials in a computer service business, service bureau arrangement, network, time sharing or interactive cable television arrangement; (iii) translate, reverse engineer, modify, adapt, create derivative works, decompile, merge, separate or disassemble any part of the Materials; (iv) download, reproduce or copy (other than page caching) or modify the Materials, or any portion of them (including code and software); or (v) use any meta tags or any other "hidden text" utilizing our name or trademarks.

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, spiders, or similar data gathering and extraction tools. Materials specified above do not include the design or layout of this web site. The design and layout of this web site are protected by copyright, trademark, trade dress and other laws, and may not be copied or imitated in whole or in part. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TenXc Wireless without our express prior written consent. You may not use any meta tags or any other "hidden text" utilizing TenXc Wireless's name or trademarks without the express written consent of TenXc Wireless. Any unauthorized use terminates the permission or license granted by TenXc Wireless. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TenXc Wireless so long as the link does not portray TenXc Wireless, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not "deeplink" to any page within this site, other than the homepage.

This web site may contain sections that restrict access to individuals that have been granted a user ID and/or password by TenXc Wireless. Unless specifically stated otherwise, such user IDs and passwords, and the Materials accessed through use of such user IDs and passwords, are for personal use only and may not be disclosed to any other person. TenXc Wireless reserves the right to revoke any user IDs and passwords, and any rights or privileges associated with them, at its sole discretion. In consideration of permitting you access to certain restricted portions of this site (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 use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.


Warranties, Disclaimers, Limitation of Liability

THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TENXC WIRELESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.

TENXC WIRELESS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TENXC WIRELESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TENXC WIRELESS ASSUMES NO RESPONSIBILITY FOR VIRUSES, ERRORS OR OMISSIONS IN OR ON THE WEBSITE, THE MATERIALS OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.

THIS WEB SITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO TENXC WIRELESS PRODUCTS, SERVICES, AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT TENXC WIRELESS INTENDS TO ANNOUNCE SUCH PRODUCTS, SERVICES OR PROGRAMS IN YOUR COUNTRY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENXC WIRELESS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, INCLUDING TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.

TENXC WIRELESS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS CANNOT AND DO NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT. NOR DOES TENXC WIRELESS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. TENXC WIRELESS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.


Consent to Use Personal Information

These Terms incorporate by reference the TenXc Wireless Privacy Policy.


Links to Third-Party Web Sites

The TenXc Wireless web site contains links to third-party web sites, which are not under the control of TenXc Wireless. TenXc Wireless makes no representations whatsoever about any other web site to which you may have access through the TenXc Wireless web site. When you access a non-TenXc Wireless web site, you do so at your own risk and TenXc Wireless is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. TenXc Wireless provides these links merely as a convenience, and the inclusion of such links does not imply that TenXc Wireless endorses or accepts any responsibility for the content or uses of such web sites.


Indemnity

You agree to indemnify and hold TenXc Wireless, and its subsidiaries, affiliates, officers, agents, partners, directors and/or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of or from your activities in connection with this site or its contents, including, without limitation, your violation of these terms or your violation of any rights of another.


Cooperation with Authorities

TenXc Wireless reserves its rights to: disclose any information as necessary to satisfy any law, regulation, or governmental request or investigate suspected violations of these term, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on TenXc Wireless servers and network. Violations of these terms may also subject you to criminal or civil liability or other legal action. You consent to and authorize TenXc Wireless, its affiliates and agents to cooperate with (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law, and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these terms. Such cooperation may include provision of usernames, IP addresses, or other identifying information. TenXc Wireless may terminate, without notice, your access and use of the site or the purchase of products and services from TenXc Wireless and/or its suppliers, if, in TenXc Wireless's sole discretion, you have violated these terms.


Governing Law and Jurisdiction

This web site (excluding linked sites) is controlled by TenXc Wireless from its offices within the Province of Ontario, Canada. By accessing this web site, you and TenXc Wireless agree that all matters relating to your access to, or use of, this web site shall be governed by the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof. You and TenXc Wireless also agree and hereby submit to the personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. The United Nations Convention for the International Sales of Goods and any legislation implementing such Convention are hereby expressly excluded.


Disputes

Any dispute relating in any way to your visit to www.tenxc.com, or any page thereof, shall be submitted to confidential arbitration in Ottawa, Ontario, Canada, except that, to the extent you have in any manner violated or threatened to violate TenXc Wireless's intellectual property rights, TenXc Wireless may seek injunctive or other appropriate relief in any court in the Province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


Severability

If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof which is necessary to render the provision valid, legal and enforceable, shall be severed from the agreement and the other provisions and the remaining part thereof of that provision shall remain in full force and effect.


Benefit of Agreement

These Terms of Use are binding upon and shall enure to the benefit of TenXc Wireless and its subsidiaries, affiliates, and their respective successors and permitted.


Our Address

TenXc Wireless Inc.
Suite 20011 Hines Road
Ottawa, Ontario
Canada
K2K 2X1

© 2013 TENXC WIRELESS™ INC.