Residential Customer Agreement
may only be ordered if you also subscribe to other prerequisite Programming. You agree
to indemnify and hold harmless ExpressVu from any claims, liabilities, losses or damages
resulting from your use of PPV Programming in contravention of Section 8(d) or 8(e) of
this Agreement.
9. Arbitration
You agree that any claim or dispute (whether originating in contract or tort, or pursuant to
any applicable statutes, regulations or common law principles and whether past, present
or future) that arises out of or is related to: (a) the terms and conditions of this
Agreement; (b) any oral or written statements; or (c) any promotions or advertisements
related to this Agreement (collectively the “Claim”), will be referred to and decided upon
by a sole arbitrator in an expedited and simplified arbitration proceeding. You and we
will make every reasonable effort to agree on the appointment of the arbitrator within
fifteen (15) days of the commencement of the arbitration proceeding, failing which, the
arbitrator will be appointed by the court in the province in which you reside. The
arbitrator shall have the right to require either party to pay all costs and expenses of the
arbitration, including the arbitrator’s fees and expenses.
10. Miscellaneous Provisions
(a) Applicable law
This Agreement, including all matters relating to its validity, construction, performance
and enforcement, shall be governed by applicable federal law, and the laws and
regulations of the province where Programming is provided. These terms and conditions
are subject to amendment, modification or termination if required by such laws or
regulations. If any provision in this Agreement is declared to be illegal or in conflict with
any such law or regulation, that provision may be deleted or modified, without affecting
the validity of the other provisions.
(b) Change of name, address or telephone number
You agree to give us prompt notice of your change of name, mailing address, residency,
address, telephone number or credit card number. You may do this by notifying our
Customer Service Centre. Notices are deemed to have been received when they arrive at
our Customer Service Centre.
(c) Enforceability
You and we agree that each provision of this Agreement shall be construed as separable
and divisible from every other provision and that the enforceability of any one provision,
or portion thereof, shall not limit the enforceability, in whole or in part, of any other
provision hereof.
© Copyright 2004 Bell ExpressVu L.P. “ExpressVu™”
is a registered trade-mark of Bell ExpressVu LP. Bell
ExpressVu L.P.
Bell ExpressVu L.P.
100 Wynford Drive, Toronto, Ontario M3C 4B4
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