Welcome to the Fido site. By using the www.fido.ca Web site (the "Fido Web site"), you hereby agree to be bound by and to comply with this acceptable use policy ("UWP").
Fido Solutions, operated by Rogers Communications Partnership ("Fido") provides its services (the "Services") to you subject to this UWP, whether or not you have registered for the Services. If you do not agree with this UWP, please do not use the Fido Web site. Fido may, at its sole discretion, modify the UWP at any time, and any modifications made will be effective immediately upon posting of the modified UWP on the Fido Web site.
Security. This site has reasonable security measures in place to protect against loss, misuse and interception by third parties. Fido assumes no liability for interception, alteration or misuse of information transmitted over the Internet.
Children’s guidelines. This site is not marketed to or directed toward children. Nevertheless, it is possible for children to publicly post or distribute personally identifiable contact information without prior parental consent.
Choice/Opt-out. During the registration process where we request information about you, our site provides the opportunity to receive e-mail or other forms of communications from the Rogers Group of Companies. To opt out from any communication sent from Fido or the Rogers Group of Companies, simply call Fido Customer Service at 1 888 481-3436.
Chief Privacy Officer,
800 De La Gauchetière Street West
or send an e-mail message to email@example.com.
3. Member Account, Password and Security
You will choose a password and receive an account designation upon completing the registration process for the site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Fido of any unauthorized use of your password or account or any other breach of security.
4. Member Conduct
All information, data, text, software, music, ringtones, sounds, photographs, graphics, video, messages or other materials originating from third party content providers ("Content") contained in the Fido Web site or accessed through the Services, is the sole responsibility of the person from which such Content originated. You acknowledge that Fido and its Content providers do not provide or exercise control over the Content that may be accessed through the Services or contained in the Fido Web site and, as such, do not guarantee the accuracy, timeliness, completeness, integrity or quality of the Content, the Services or the Fido Web site. By using the Fido Web site and the Services, you may be exposed to Content that contains errors or omissions, or that is inaccurate, incomplete, inappropriate, offensive, indecent or otherwise objectionable. Fido, and the Content providers that are not the originators of the Content, will not, under any circumstance, be held responsible or liable in any way for, without limitation, any errors or omissions, or any loss or damage of any kind incurred as a result of your use of such Content, the Services or the Fido Web site. This means that you hereby agree to evaluate and bear all risks and responsibilities related to accessing, viewing, receiving, downloading, transmitting or otherwise using the Content, the Services and the Fido Web site. It is recommended that the Services not be used for transmitting confidential information. Any such use shall be at your sole risk, and Fido and its affiliates and related companies shall be relieved of all liability in connection therewith.
While visiting the Fido Web site, you may not do the following: (1) post, download, upload, publish, reproduce, transmit or otherwise distribute Content, information or other material that (i) represents or encourages conduct that would constitute a criminal offence or give rise to civil liability or (ii) is protected by copyright or other intellectual property right, or derivative works with respect thereto, without obtaining permission from the copyright owner or rightholder, except that you may download one copy of the materials on any single computer, or receive one copy through your wireless device, for your personal, non-commercial use only, provided you keep intact all copyright and proprietary notices; (2) otherwise use the Fido Web site in a manner which is contrary to law, including, without limitation, posting or transmitting any content, information or software that contains a virus, Trojan horse, worm or other harmful or disruptive component. You shall not upload to, distribute to, or otherwise disseminate through the Fido Web site any content, material or information of any kind that is unsolicited or is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. Fido reserves the right to prohibit mass distribution of textual or e-mail messages if such messages are unsolicited or if the recipients are dissatisfied with them. You acknowledge that Fido and its designees shall have the right, in their sole discretion, to refuse or move any Content that is available via the Services or the Fido Web site. Without limiting the generality of the foregoing, Fido and its designees shall have the right to remove any Content that violates this UWP or is otherwise objectionable.
You agree to indemnify and hold Fido, and its shareholders, affiliates, directors, officers, agents, co-branders or other partners and employees, as well as the directors, officers, agents, co-branders or other partners and employees of its shareholders, subsidiaries and affiliates, harmless from all damages, costs, liabilities, and claims or demands, including reasonable lawyers' fees due to or arising out of your use of the Services or the Fido Web site, your connection to the Services, your violation of the UWP, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your computer facilities, your Fido account or your password.
6. Modifications to Services
Fido reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Fido Web site and the Services (or any part thereof), with or without notice. Moreover, some articles and promotions may differ slightly from the illustrations or terms appearing on the Fido Web site. You agree that Fido shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Fido Web site, the Services or any part thereof.
By using the Services and the Fido Web site, you do not acquire any rights to the Services or to the Fido Web site other than a limited license to use it as provided herein, which can be terminated in accordance with this section. You agree that Fido, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services. Fido may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this UWP may be effected without prior notice, and acknowledge and agree that Fido may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Furthermore, you agree that Fido shall not be liable to you or any third party for any termination of your access to the Services.
8. Third Party Links
The Services may provide, or Content providers may provide, links to other World Wide Web sites or resources. Because Fido has no control over such sites and resources, you acknowledge and agree that Fido is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fido shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. Proprietary Rights
You acknowledge and agree that the Services contain Content that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, whether or not applied for. Except as expressly authorized by Fido or Content providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, the Services or the Fido Web site, in whole or in part.
10. Grant of License
Fido grants you a personal, non-transferable and non-exclusive right and license for the sole purpose of using the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interface that is provided by Fido for use in accessing the Content.
11. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Services and of the Fido Web site is at your sole risk. The Content, the Services and the Fido Web site are provided "as is" without any warranty of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement;
Fido makes no representation or warranty that: (i) the Content, the Services or the Fido Web site will meet your requirements; (ii) the Content, the Services or the Fido Web site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Content, the Services or the Fido Web site will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the Content, the Services or the Fido Web site will meet your expectations; and (v) any errors in the Content, the Services or the Fido Web site will be corrected.
Any Content downloaded or otherwise obtained through the use of the Services or the Fido Web site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content; and,
No advice or information, whether oral or written, obtained by you from Fido, the Fido Web site or through or from the Services shall create any warranty not expressly stated in the UWP.
12. Limitation of Liability
You expressly understand and agree that Fido, its employees, directors and officers and affiliates shall not be liable for any damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, failure to realize expected savings, or other intangible losses (even if Fido has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Fido Web site, the Services or the Content; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services or the Fido Web site; (iii) invalid destinations, transmission errors, or unauthorized access to, alteration or loss of your transmissions or data or registration data; (iv) statements or conduct of any third party on the Services or the Fido Web site; (v) your failure to receive any third party services or products requested through the Services or the Fido Web site; or, (vi) any other matter relating to the Services or the Fido Web site. Notwithstanding the foregoing, IN NO EVENT WILL FIDO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE CONTENT, THE SERVICES OR THE FIDO WEB SITE.
13. Trademark Information
Fido is a registered trademark of Fido Solutions, operated by Rogers Communications Partnership, and other Fido logos and product and service names, whether registered or not, are proprietary to Fido (collectively referred to as the "Fido Marks"). Without Fido's prior written permission, you agree to not display or use in any manner, the Fido Marks, or other product and company names mentioned herein as they may be trademarks or registered trademarks of their respective owners.
14. General Information
This UWP constitutes the entire agreement between you and Fido and governs your use of the Services, superseding any prior agreements between you and Fido. This UWP and the relationship between you and Fido shall be governed by the laws of the province of Quebec, and the laws of Canada applicable therein. The failure of Fido to exercise or enforce any right or provision of this UWP shall not constitute a waiver of such right or provision. If any provision of this UWP is found by a court of competent jurisdiction to be inapplicable or invalid, the other provisions of this UWP shall remain in full force and effect. The section titles in this UWP are for convenience only and have no legal or contractual effect.
15. Storage of IP address
When you submit a transaction we will store your IP address for validation and to protect against fraud.
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