|PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE NeuLion SUBSCRIPTION WEBCASTS, OR BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BOX LOCATED ON THE ONLINE ORDER FORM, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME.
GENERAL: The NeuLion Webcasts (the "Webcast") access offered through the NeuLion Website (the "Site") is produced and made available by NeuLion.
DESCRIPTION OF SERVICE: The Site provides a service that enables website visitors to view a Webcast. To access such Service, the user must complete an order form (the "Order".)
PAYMENT TERMS: The current order fees (the "Charges") applicable to the Webcasts are located at http://mastercardmemorialcup.insinc.com/2011. The Charges applicable for the Webcasts together with all applicable taxes, including GST for all subscribers (including non-residents as per Canada Revenue Agency (CRA) legislation) will be billed automatically to the credit card (the "Account Credit Card") you designated during the Order process or subsequently designated to NeuLion. All Charges will be processed in Canadian dollars. You warrant that you are the cardholder of the Account Credit Card and the relevant information required for processing charges is valid at all times. You must notify us of any change of address or other relevant information in a timely fashion. NeuLion reserves the right to levy an administration fee for any credit card transaction that fails. If you want to designate a different credit card or if there is a change to the existing Account Credit Card, please advise us e-mailing email@example.com except as provided below, the Charges will be processed and the Account Credit Card will be charged no later than five (5) days subsequent to delivery of the Service. You agree to pay all Charges incurred in connection with your use of the Service through your Order, including any applicable taxes, at the rates in effect when the said Charges were incurred. Except as provided herein, all Charges are nonrefundable. I understand that Interactive Netcasting Systems Inc. will process my payment and that "NeuLion" is the name that will appear on my transaction record. Please note that Charges do not include any applicable fees or charges incurred to access, or to receive alerts or other information from the Site or any of the Webcasts, through an Internet, wireless or other third party service provider.
NeuLion TERMINATION:NeuLion reserves the right to terminate your Order and your access to the Site and Webcasts at any time and for any reason, including without limitation, if the Account Credit Card is invalid for any reason, if NeuLion does not receive payment, or where NeuLion has determined, in its sole discretion, that use of the Webcasts by you is, or was in breach of the Terms of Service. Any such termination by NeuLion shall be in addition to and without prejudice to such rights and remedies as may be available to NeuLion, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions shall survive termination or expiry of your order and this Agreement.
|DISCLAIMERS:YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF NeuLion, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "NeuLion GROUP") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE NeuLion GROUP DOES NOT WARRANT THAT THE SITE, THE WEBCASTS OR THE CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NeuLion (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA, PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SITE, THE WEBCASTS OR ANY OF THE CONTENT (INCLUDING THE PERFORMANCE, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS SAME), REGARDLESS OF WHETHER THE NeuLion GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, DAMAGE OR LOSS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NeuLion's AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO NeuLion BY YOU FOR THE WEBCASTS. CERTAIN WEBCASTS ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF NeuLion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL NeuLion GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, WEBCASTS OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS AND ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the Webcasts may be temporarily unavailable as a result of disruptions as described above. While NeuLion makes every reasonable effort to minimize such downtime, NeuLion cannot guarantee the 100% availability of the Webcasts. Accordingly, if you are dissatisfied with the Webcasts for any reason, your sole and exclusive remedy is to discontinue use of the Webcasts in accordance with these Terms of Service. You expressly acknowledge that NeuLion has set the Charges for the Webcasts, entered into this Agreement, and has and will make the Webcasts available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and NeuLion. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.
COMPUTER VIRUSES:While NeuLion makes every reasonable effort to ensure that the Webcasts made available on the Site do not contain computer viruses and other destructive elements, you acknowledge and agree that, prior to your use of any of the Webcasts, it is solely your responsibility to (a) take all protective measures to guard against viruses and other destructive elements (including the use of industry standard and updated virus scanning tools); and (b) ensure that you have a complete, current and secure back-up of the applicable items of information and software on your computer or other electronic device used to access the Site and Webcasts.
INDEMNITY:You agree to defend, indemnify and hold harmless each of NeuLion, its affiliates, licensors, co-branders and other partners, and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (a) your breach of any of the Terms of Service; (b) your access to or use of the Site or Webcasts; (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site; or (d) your violation of any law or regulation.
PROHIBITED USES:You agree to comply with all applicable laws with respect to your use of the Webcasts. NeuLion may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
LAW AND JURISDICTION:The Site and Webcasts are controlled, operated and administered by NeuLion from its offices within Canada. The Terms of Service shall be interpreted, construed and governed by the laws in force in the Province of British Columbia, Canada.
GENERAL:This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The Terms of Service constitute the entire agreement between NeuLion and you pertaining to your use of the Webcasts and supercede any prior agreements between you and NeuLion. The parties have required that the Terms of Service and all documents relating thereto be drawn up in English.