88
89
•
a law enforcement agency whenever we have reasonable
grounds to believe that you have knowingly supplied
us with false or misleading information or are otherwise
involved in unlawful activities; or
•
a public authority or agent of a public authority if, in our
reasonable judgment, it appears that there is imminent
danger to life or property which could be avoided or
minimized by disclosure of the information.Express
consent to disclosure may be obtained as follows:
•
by written consent;
•
by oral confi rmation verifi ed by an independent
third party;
•
by electronic confi rmation through the use of a
toll-free number;
•
by electronic confi rmation via the Internet;
•
by oral consent, where an audio recording of the
consent is retained by us; or
•
by consent through other methods, as long as an
objective documented record of your consent is created
by you or by an independent third party.
Term; Suspension; Termination
33. The term of the Service Agreement, and any applicable
Commitment Period, starts on the Activation Date and
shall continue indefi nitely until terminated in accordance
with the provisions of the Service Agreement or
applicable law.
34.
Not applicable to Residents of Québec:
Unless otherwise permitted by applicable law:
•
you may terminate any or all of your Services upon no
less than
30
days’ advance notice by contacting Rogers
at the appropriate points of contact specifi ed in these
Terms; and
•
Rogers may terminate any or all of your Services or
accounts upon no less than
30
days’ advance notice to
you at your billing address. Applicable charges continue
to apply until the end of the notice period or until the
Services are no longer accessible by you,whichever is
later. The transfer of your telephone number to another
telecommunications service provider constitutes a
termination of the applicable Service(s), and an ECF may
apply as set out in Section 9.
35.
Applicable only to Residents of Québec:
•
you may terminate any or all of your Services at any time
by sending us a written, dated notice or by contacting
Rogers at the appropriate points of contact specifi ed in
these Terms. If you have subscribed to a plan or Service
for a Commitment Period before June 30, 2010, then
you must terminate your Services in accordance with
Section 34; and
•
Rogers may terminate any or all of your Services or
accounts upon no less than
60
days’ advance notice to
you at your billing address, unless you are in default of
your obligations pursuant to the Service Agreement,
including one of the events of default described in
Section 36 below. If you have subscribed to a plan
or Service for a Commitment Period, then we may
terminate your Services only if you are in default of
your obligations hereunder, pursuant to Sections 1604,
2126 and 2129 of the Civil Code of Québec. Applicable
charges continue to apply until the date of the notice or
a future date specifi ed therein (if applicable), whichever
is later. The transfer of your telephone number to
another telecommunications service provider constitutes
a termination of the applicable Service(s), and an ECF
may apply as set out in Section 9.
36. In addition to our rights to terminate your Services
pursuant to Sections 34 and 35, we may restrict, block,
suspend or terminate any or all of your Services or
accounts, including 9-1-1 service, or identifi ers in any
way, without notice or liability to you, if:
•
you are in breach of the Service Agreement, including
nonpayment of your charges or non-compliance with
any Policies;
•
you do not maintain Service usage within the prescribed
credit limit;
•
you exceed reasonable usage limits, as determined by us;
•
you have given us false, misleading or outdated
information;
•
we reasonably suspect or determine that any of your
account, identifi ers, Services or Equipment is the subject
of fraudulent, unlawful or improper usage or usage
that adversely affects our operations or the use of our
services, facilities or networks by others;
•
you harass, threaten or abuse us or our employees
or agents;
•
you fraudulently or improperly seek to avoid payment to us;
•
we need to install, maintain, inspect, test, repair, remove, replace,
investigate, protect, modify, upgrade or improve
the operation of the Services, the Equipment or our facilities
or networks;
•
any account or service on which your Services depend is
terminated for any reason; or
•
we reasonably believe that there is an emergency or extreme
circumstance that would warrant such action.
37.
If we restrict, suspend, block or terminate your Services
or accounts:
•
you must pay any amounts owing;
•
we may also suspend, block or terminate, without notice or
liability, your Services under any other agreement or account
that you may have with us or a related Rogers entity (including
accounts that may be in good standing);
•
you may be charged for any costs incurred by us or any related
Rogers entity in connection with your breach of these Terms,
including costs incurred to enforce your compliance;
•
your access to emergency or special needs services (e.g., 9-1-1)
may also be restricted, suspended, blocked or terminated; and
•
your rates for services with related Rogers entities may change in
accordance with the terms of those services.
Arbitration
38.
Not applicable to Residents of Québec:
To the extent
permitted by applicable law, unless we agree otherwise, any
claim, dispute or controversy, whether in contract or tort,
pursuant to statute or regulation, or otherwise, and whether
pre-existing, present or future, arising out of or relating to
the following items will be determined by fi nal and binding
arbitration to the exclusion of the courts:
•
the Service Agreement;
•
the Services or Equipment;
•
oral or written statements, advertisements or promotions relating
to the Service Agreement, the Services or Equipment; or
•
the relationships that result from the Service Agreement.
39.
Not applicable to Residents of Québec:
Where applicable,
arbitration will be conducted in the province in which you reside,
on a simplifi ed and expedited basis by one arbitrator pursuant
to the current laws and rules relating to commercial arbitration
in the province or jurisdiction in which you reside on the date of
the notice. Rogers will pay all reasonable costs associated with
any such arbitration. Any such arbitration will be conducted in
accordance with our Arbitration Protocol, which is available at
http://rogers.com/terms.
Intellectual Property
40. All trademarks, copyright, brand concepts, names, logos and designs
used by us are intellectual property assets, registered or otherwise,
of, or used under license by, Rogers Communications Inc. or of
one of its affi liates. All are recognized as valuable assets of their
respective owners, and may not be displayed or used by you in any
manner for commercial purposes or copied in any manner for any
purpose without the express prior written permission of the Rogers
Legal Department.
Entire Agreement
41. The Service Agreement, as amended from time to time, constitutes
the entire agreement between you and Rogers for the Services
and supersedes all prior agreements, written or oral, with respect
to the same subject matter. These Terms cannot be changed by
you.
The following provision does not apply to Residents
of Québec:
No sales representative, dealer, agent, offi cer or
employee of Rogers has the authority to change or modify these
Terms, except pursuant to an offi cial revised version of these
Terms, and you may not rely on any such change or modifi cation.
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