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Terms and Conditions / Customer AgreementPlease note: If you were a subscriber as of March 17, 2010, and you have a renewal date that occurs after May 1, 2010, and have not renewed or upgraded your Subscription subsequent to May 1, 2010, please click here for the Customer Agreement applicable to your Subscription. Nav Traffic subscribers, please click here for Terms and Conditions Last Updated: March 17, 2010 Thank you for choosing XM Canada. XM Canada is a registered business name of Canadian Satellite Radio Inc. XM Canada broadcasts the XM Satellite Radio service (the "Satellite Radio Service") only within the provinces and territories of Canada. This Agreement contains the terms and conditions (the "Terms" or "Customer Agreement"), which apply to your paid, trial or other subscription in Canada ("Subscription") to the Satellite Radio Service and/or XM Internet Radio service or XM online+ service (together referred to as the "Online Services") and/or any Equipment Technology (as defined below) relating thereto. The Satellite Radio Service, Online Service our traffic and weather, including marine weather, and any of our other programming, data and Equipment Technology for radio, television, online, portable, wireless, mobile, and other receivers now known or later developed ("Receivers"), will be collectively referred to herein as the "Service" or the "Services". To subscribe to the Service, you must have reached the age of majority in your province or territory. If you have not, you may still use the Service, but only if the account was created by or with the consent of your parent or guardian. These Terms will remain in effect until modified or terminated. Services will be provided to you for the period agreed to by you and will continue to renew for additional terms of same length on the same billing terms until canceled, terminated or discontinued by you or by us. This is your copy of the XM Canada Customer Agreement. Please keep it for your records. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR OUR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. DO NOT USE OUR WEBSITE OR SERVICE IF YOU DO NOT AGREE WITH THESE TERMS. Contacting XM CanadaYou may contact us between the hours of 6:30 am and 12:00 am Eastern Time Monday through Saturday and 8:00 am and 8:00 pm Eastern Time, Sunday, by calling 1-877-GET-XMSR (1-877-438-9677), or by writing to:XM Canada Attention: Listener Care Centre 590 King St. West, Suite 300 M5V 1M3 Listener Care Centre email address: care@xmradio.ca Website Address: www.xmradio.ca 1. Our Servicea) Changes to Programming.The Service consists of a wide variety of music, sports, news, talk, children's and other entertainment programming. Many different and changing considerations affect the availability, cost and quality of programming and customer demand. Accordingly, we reserve the unrestricted right to change, rearrange, add, or delete programming including cancelling, moving or adding particular channels, at any time, with or without notice to you. If you are dissatisfied with the modified programming, you may terminate your service with notice to XM Canada as outlined in Section 8. Your continued use of the Service following any programming changes will constitute your acceptance of such changes. Not all content offered on the Satellite Radio Service is available using the Online Service, and some content may have been modified for broadcast on the Online Service. b) Recommended System Requirements for Online Services.
Mac OSX
c) Use Limitations. d) Recorded Content. Certain types of our radios and Receivers have the ability to record programming transmitted over the Service ("Recorded Content"). Subject to your radio's restrictions and applicable laws, you may access such Recorded Content only as long as you pay your monthly Subscription Fee as it becomes due. We reserve the right to change, reduce, eliminate or charge a fee for this and/or related functionality. k) Online Service (XM Internet Radio and XM online+). l) Use of the Website.
2. Change in Termsa. Changes to Terms.Due to the evolving nature of our business, its competition, and the requirement and costs of programming suppliers, we reserve the right to unilaterally change the terms on which we offer the Services from time to time, as we believe appropriate, including the rates, fees and charges. Any changes or modifications will be effective on at least thirty (30) days' notice to you, and such changes shall become effective once you use the Service after such thirty (30) day period (which use shall be deemed to conclusively indicate acceptance of such changes). If we make any such changes, we will either: (i) post a notice on our website that these Terms have changed and the effective date of such change and provide you with notice describing such changes and their effective date, or (ii) we will send you an entirely new set of terms to replace these Terms. . You always have the right to cancel the Services at any time if these terms are not acceptable to you. If you elect not to cancel your Services after receiving our notice of a change, your continued receipt of Services from us will constitute acceptance of the changed terms. If you notify us that you do not accept such terms, then we will cancel your Services as provided in Section 8. b. Special Offers. In the event we elect to make available special offers and promotions which supplement or modify the terms and conditions set forth in these Terms, the details of such special offers and promotions, including eligibility requirements for participation, will be made available separately. In the event of any conflict between the terms and conditions associated with a special offer or promotion and these Terms, the terms of the special offer or promotion in question shall govern. The Terms shall only be altered or amended by offers or promotions expressly authorized by XM Canada. 3. Satellite Radio Service InterruptionsSatellite Radio Service may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions and other things we can't control. Satellite Radio Service might also not be available in certain places (e.g., in tunnels, parking garages, or within or next to buildings) or near other technologies. Home, portable and office-based receivers function best when the antenna is placed in or near a south-facing window with a clear view of the sky. Even if your antenna is near a south-facing window, certain window treatments could interfere with reception. We are not responsible for any interruptions of Satellite Radio Service that occur beyond our control.4. Online Service InterruptionsOnline Service availability may be limited or unavailable based on unavailability or difficulties with the Internet generally or your web browser, computer, home wiring, or Internet service provider and other things beyond our control. The Online Service is available at speeds of either 32 kbps or 64 kbps and functions best when streamed over a broadband connection. We do not guarantee continuous, uninterrupted or secure access to the Online Service and operation of the Online Service may be interfered with by numerous factors outside of our control.5. Receivers and Other Equipmenta) Authorized Suppliers.You may access and use the Service only with equipment authorized to receive the Service. However, we do not make or install any of the Receivers or related equipment, including antennas, adapters, adhesive devices, cables, etc. ("Equipment") you may use to receive Service. You must purchase your Receiver and Equipment, and any repairs, parts, installation or service for it, from authorized sellers or manufacturers. We are not liable for any damage to your vehicle, home or other personal or real property resulting from installation or use of any Receiver or Equipment. We do not warrant any Receiver or Equipment in any way whatsoever and are not responsible for the advertising, statements, practices, promises, services or warranties of such sellers or manufacturers. If you have any complaints about your Receiver, Equipment or installation, you should direct them to your authorized seller, manufacturer or installer. Returns of Receivers or Equipment are subject to your authorized seller's or manufacturer's return policy. b) Multiple Receivers. Each Subscription to the Satellite Radio Service is tied to one Receiver. If you add additional Receivers to your account, you must purchase a separate Subscription for each one (see Section 7). Such additional subscriptions may be eligible for reduced rates, which may be offered by XM Canada from time to time and a per radio activation fee will apply. Note that any reduced rates are conditional upon your account having multiple subscriptions. We will notify you regarding any required adjustments to your billing cycles necessitated by multiple subscriptions on a single account. c) Loss of Equipment. 6. Online Service Equipmenta) We only provide the Online Service. You must purchase your computer, laptop, alternate physical equipment, Internet connectivity or web browser software or other hardware or software you may use to receive the Online Service ("Web Devices"), modem or router, and Internet service and/or any other appropriate hardware and/or software, from appropriate sellers, resellers, manufacturers or service providers. XM Canada is not liable for any damage to your Web Devices resulting from use of the Online Service. We are not responsible for and do not warrant any Web Devices in any way whatsoever and are NOT responsible for the advertising, statements, practices, promises, services or warranties of such sellers, manufacturers or installers. If you have any complaints about your Web Device, you should direct them to the applicable seller, reseller, manufacturer, or service provider.Subscription fees for the Service do NOT include any wireless data usage, download, or web browser fees or charges that you may incur. Contact your wireless provider for all pricing details relating to such fees or charges. b) Login and Password. Once your Online Service registration has been processed you are responsible for maintaining the confidentiality of your Confirmation Code, Email Address and Password. You are also fully responsible for all activities that occur in connection with your Login ID. At the end of each online session, you must completely log out of the Online Service. Also, should your Login ID or Password be lost, stolen, sold, transferred, compromised or otherwise removed from your possession without your permission, contact XM Canada immediately so that your Login ID and Password may be deactivated and reissued. To report compromised Login ID information contact: XM Canada 590 King St. West, Suite 300 Toronto, Ontario M5V 1M3 -or- care@xmradio.ca c) Technology. It is prohibited to copy, decompile, disassemble, reverse engineer, hack, manipulate, or otherwise make available any technology incorporated in receivers compatible with the XM Satellite Radio System or that support the XM Canada website, the Online Service or any of its content. Furthermore, the AMBE� voice compression software included in this product is protected by intellectual property rights including patent rights, copyrights, and trade secrets of Digital Voice Systems, Inc. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of the XM Canada website or the Online Service. Furthermore, the music, talk, news, entertainment, data and other content on the Services are protected by copyright and other intellectual property laws and all ownership rights remain with the respective content and data service providers. You are prohibited from any export of the data (or derivative thereof) except in compliance with applicable export laws, rules and regulations. The user of this or any other software contained in an XM Radio or the XM Canada website and all software used in connection with either is explicitly prohibited from attempting to copy, decompile, reverse engineer, or disassemble the object code, or in any other way convert the object code into human-readable form. The software is licensed solely for use within this product. 7. PaymentIn return for receiving our Services, you agree to pay us as follows:a) Subscription Fee. You will pay in advance, by credit card, prepaid card or any other form of payment accepted by XM Canada, at the applicable consumer or commercial rates in effect at the time of payment, for any Services ordered for use with your XM Radio (including Services ordered by your children or other family members under your Subscription), with or without your permission, through all periods until the Services are canceled. All subscription fees for annual or multi-year plans are payable in advance. You will be responsible for all subscription fees, other charges and fees and purchases under your account. Our subscription fees and other charges and fees are subject to change upon providing notice to you as set out elsewhere in these Terms. Subscription fees for the Service do NOT include any wireless data usage, download, or web browser fees or charges that you may incur. Contact your wireless provider for all pricing details relating to such fees or charges. Please do not include comments or questions with your payment. If paying against invoices (commercial subscribers only), mail all payments to the following address: XM Canada 590 King St. West, Suite 300 Toronto, Ontario M5V 1M3 b) Billing Statements. You will not receive monthly statements unless you request them. Subject to Subsection (c)(6) below, statements are sent via mail unless otherwise requested. Statements will show: (1) payments, credits, purchases, and any other charges to your account; (2) the amount you owe us; and (3) the payment due date. c) Administrative Fees. In order to minimize our monthly subscription fees, we may charge you one or more of the following fees, all of which are subject to change upon providing notice to you: 1. Activation Fee: For each XM Radio on your account, we may charge you a fee to activate, upgrade or modify your Satellite Radio Services. The addition of premium channels, if any, may require an additional transaction fee. The fee is payable with your first subscription fee payment. 2. Music Royalty Fee: As of May 1, 2010, new and renewing Subscriptions which include music channels will be charged a monthly Music Royalty Fee on each Receiver. For further details on this fee see FAQs.
Please do not include any payment with your correspondence. If you wish to dispute any charge, you must contact XM Canada within 30 days after the date you receive the statement in question (see Section 11 "Resolving Disputes" for how to notify XM Canada that you are disputing a charge): OTHERWISE YOU WAIVE YOUR RIGHT TO DISPUTE THE CHARGE. Undisputed portions of the statement must be paid by the due date to avoid a late fee and possible deactivation of the Services. 8. Cancellationa) Term.The term of this Agreement is indefinite and Services will continue until canceled. Annual or multi-year subscription plans will, unless we receive notice from you to the contrary, renew automatically at their expiry for a term of the same length as the initial pre-paid subscription at then current rates. A notice will be sent to you in accordance with subsection 12 (a) advising you of the pending renewal of your subscription and the effective date of the renewal. b) Your Cancellation. You may cancel Services by notifying us. If you cancel your Services within thirty (30) days from the date you first activate your Services, your notice will become effective within one (1) business day of providing notice and you will be entitled to a full refund of your activation fee as well as any Subscription fees that you have paid for your Services. If you cancel your Services at any time, after the first thirty (30) days from the date, as applicable, of receiving your Services, or of renewing your Subscription in accordance with Subsection 8(a), or of accepting changes to these Terms in accordance with Subsection 2(a), or of upgrading to a new Subscription plan, your notice of termination will become effective within one (1) business day of providing notice. You will be responsible for payment of all outstanding balances accrued through the date notice of termination is effective. We will refund amounts you have prepaid representing that time period beyond the date notice of termination is effective for which you have not used your Services less any applicable Administrative Fees. In the unlikely event that we cease broadcasting the Service, for any reason, all prepaid subscriptions will be treated as nonrefundable. c) Our Cancellation. We may cancel your Services at any time if you fail to pay amounts owing to us when due, subject to any applicable grace periods, for breach of any other material provision of this Agreement or for any other reason. In such case, you will still be responsible for payment of all outstanding balances accrued through that effective date. You must comply with all of the terms and conditions of this entire Customer Agreement or we may cancel your Services. 9. Collection of InformationYou consent to XM Canada's use, collection and disclosure of your personal information for the following purposes: (i) to provide service(s) and/or products to our customers; (ii) to maintain commercial relations and to communicate with our customers (which will include, but not be limited to: billing, collection, advertising, promotion, account verification); (iii) to evaluate customers' financial status and eligibility for credit; (iv) to identify customer needs and/or preferences; (v) to meet legal and regulatory requirements; (vi) to administer and manage our business operations; and (vii) as otherwise required or permitted by law. XM Canada may disclose a customer's personal information to: (i) another company for the provision of our services to that customer; (ii) a person involved in the development, promotion, marketing or enhancement of XM Canada services; (iii) a credit collections agency; (iv) a person, who, in the reasonable estimation of XM Canada, is an agent of the customer; and (v) any other third party, upon receiving the consent of the customer or as required by law. Such disclosures may in some cases be to recipients outside of Canada. Occasionally, XM Canada will communicate to you special bonus and new product offers that we think may be of value to you. XM Canada may retain third parties to assist it in marketing such new or additional XM Canada products and services to our customers (and for such purpose may share personal information with such third parties) but will not otherwise disclose or make available any personal information to any third parties seeking to market their products to XM Canada's customers. All XM Canada customers have the right to chose not to participate in direct marketing of new products and services from XM Canada. If you wish to opt-out of receiving targeted communications from XM Canada in electronic, printed or verbal format (other than information included with your monthly bills), simply inform us in writing at the address on the first page. Further information on XM Canada's privacy policies, as well as access to any such personal information for purposes of review, correction and updating, may also be obtained by writing to the Privacy Officer at the address on the first page.10. Limits on Responsibilitya) DISCLAIMERS.EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY, CONDITION OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE SATELLITE RADIO SERVICE OR YOUR XM RADIO. YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK. THE CONTENT AND FUNCTIONALITY OF THE ONLINE SERVICE IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. ALL SUCH WARRANTIES, CONDITIONS OR REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED. YOU MAY HAVE GREATER RIGHTS THAN DESCRIBED ABOVE UNDER YOUR PROVINCE OR TERRITORY'S LAWS. b) LIMITATIONS OF LIABILITY. WE ARE NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OR LOST PROFITS RELATING TO THE USE OR PURCHASE OF ANY XM RADIO OR ANY WEB DEVICE, THE SATELLITE RADIO SERVICE OR THE ONLINE SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. OUR TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING OUR SERVICES, REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. YOU MAY HAVE GREATER RIGHTS THAN DESCRIBED ABOVE UNDER YOUR PROVINCE OR TERRITORY'S LAWS. c) You agree to defend, indemnify and hold harmless XM Canada from and against any claims arising out of your use of the Services and any breach by you of this Agreement. This indemnification obligation includes the acts or omissions of anyone accessing the Online Service using your Login ID, with or without your permission. 11. Resolving DisputesIn order to expedite and control the cost of disputes, you agree that, except to the extent contrary to applicable law, any legal or equitable claim relating to this Agreement, or the Services (referred to as a "Claim") will be resolved as follows:a) Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 60 days after one of us notifies the other of a Claim in writing. To initiate a claim, you must send notice to the address on the first page of this Agreement. If XM Canada initiates a claim, we will send our notice to the billing address on file with us. b) Formal Resolution. If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration in accordance with the UNCITRAL Arbitration Rules in force at the time the arbitration is initiated. All disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement shall be arbitrated and finally resolved pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of the arbitration shall be the City of Toronto, Ontario, Canada. Nothing in this Agreement shall affect our ability to terminate your Services for non-payment of amounts owed to us when due. Furthermore, nothing in this Agreement will prevent us from bringing an action in a court of competent jurisdiction in order to collect any unpaid amounts. 12. Miscellaneousa) Notice.Notices to you will be deemed given when deposited in the mail or on the date that an e-mail is sent. Notices may be included in our statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you or someone answering the telephone at your residence or commercial establishment. Your notices to us will be deemed given when we receive them at the address (regular or e-mail) or telephone number set forth above under "Contacting XM Canada". b) Applicable Law. The interpretation and enforcement of this Agreement shall be governed by the rules and regulations of the CRTC, other applicable federal, provincial or territorial laws. This Agreement is subject to modification if required by such laws. c) Assignment of Account or Agreement. We may assign your account or this Agreement and all rights and/or obligations hereunder to any third party without notice for any purpose, including without limitation collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale of substantially all of the party's assets to another entity. You hereby consent to such assignment. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise. d) Other. This Agreement together with your Subscriber Confirmation Form states our entire agreement. No salesperson or other representative is authorized to change it for you, although XM Canada may modify it (see Section 2). If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of this Agreement will remain enforceable. The specific terms of this Agreement that expressly or by their nature survive termination shall continue thereafter until fully performed. e) French Language. The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s'y rattachant, y compris tous avis, annexes et autorisations s'y rattachant, soient rédigés en langue anglaise seulement. THANK YOU FOR CHOOSING XM CANADA. XM CANADA is a registered business name of Canadian Satellite Radio Inc. © Copyright 2006-2010 Canadian Satellite Radio Inc. and its licensors. All rights reserved. |
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