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                  voice2net's Terms and Conditions of Sale and Service

Legal Disclaimer
Residential | Business
Terms & Conditions
Privacy Policy
The following terms and conditions apply to voice2net's  provision of telephony services (the "Services") and sets out the basic rights, obligations and limitations of Voice2Net to its Subscribers (the "Subscriber"). All of the terms and conditions contained herein (hereinafter referred to as "Terms") bind both Voice2Net and the Subscriber and are subject to change from time to time at the sole discretion of Voice2Net, without any prior notice to the Subscriber.

This is our agreement with you, the Subscriber. You agree not to use our Service for an illegal purpose, violating any law, making annoying or offensive calls, or interfering with other Subscribers' Service. You further agree not to resell, transfer, or share your service.

1.0 Emergency Services- 9-1-1 Dialing through VoIP (Voice Over IP) services

1.01 Non-Availability of Traditional 9-1-1 or E9-1-1 Dialing Service.
Voice2Net offers on its Home Phone service a form of 9-1-1 Dialing service (9-1-1 Dialing) that is similar to traditional 9-1-1 (9-1-1) service but has some important differences and limitations when compared with enhanced 9-1-1 Dialing service (E9-1-1) available in most locations in conjunction with traditional telephone service. With both traditional 9-1-1 and E9-1-1 Dialing service, your call is sent directly to the nearest emergency response center. In addition, with E9-1-1 Dialing service, your call back number and address are visible to the emergency response center call-taker. With Home Phone's 9-1-1 Dialing service, your call is sent to a national emergency call center. The call center operator will confirm your location information and then transfer your 9-1-1 call to the emergency response center nearest your location. You should be prepared to confirm your address and call-back number since the operator may not have that information. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again.

1.02 Registration of Physical Location Required
You should ensure your location information, when registered with Voice2Net, is kept current at all times. In case you are not able to speak during the 9-1-1 call, the call-taker would dispatch emergency response vehicles to your last registered address. You need to update your 9-1-1 Dialing information if you move your device to a different location and if you add a new line to your account. To update or verify your 9-1-1 Dialing information, log into your account and update your address information, ensure it is accurate.
1.03 Service Outages
9-1-1 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or Home Phone service is suspended or terminated. Following a power failure or disruption, you may need to reset or reconfigure your Telephone Adapter prior to utilizing the service, including 9-1-1 Dialing.

1.04 Network Congestion; Reduced Speed for Routing or Answering 9-1-1 Dialing Calls
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 call made utilizing the Service as compared to traditional 9-1-1- Dialing over traditional public telephone networks.

1.05 Conveying Limitations to Other Household Residents and Guests
You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the Voice2Net Home Phone service of the important differences in and limitations of VoIP 9-1-1 Dialing service as compared with E9-1-1 Dialing service, as set out above.

1.06 Disclaimer of Liability and Indemnification
We do not have any control over whether, or the manner in which, calls using our 9-1-1 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 9-1-1 calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Voice2Net nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 9-1-1 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Voice2Net, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 9-1-1 Dialing, incorrectly routed 9-1-1 Dialing calls, and/or the inability of any user of the Service to be able to use 9-1-1 Dialing or access emergency service personnel.

2.0 Service

2.01 Types of Services
The Terms contained herein apply to all the Services which the Subscriber may subscribe from Voice2Net, including, for: (i) fixed fee, bundled minutes and unlimited long distance calling plans for residential/home purposes in those destinations designated by Voice2Net from time to time from a designated telephone number (collectively, the "Unlimited Programs" or individually an "Unlimited Program"); (ii) pay for use regular long distance calling plans to countries designated by Voice2Net from time to time other than those countries which the Subscriber has already subscribed for as part of the Unlimited Programs (the "Standard Program "); (iii) Internet Voice Over IP local phone service (Home Phone). The Subscriber may use the Services provided by Voice2Net for long distance calling or local calling provided that the Subscriber does so in compliance with all applicable laws and the terms herein. The Subscriber acknowledges that he/she is the person authorized to subscribe for the Services. The Services may only be used by the Subscriber and all persons having the Subscriber's permission to use the Services. The Subscriber may only use the Services for voice telephone calls to landlines as the Services cannot be used for Internet connections, faxing or other data transmission without express written consent from Voice2Net. Voice2Net ePhone may include calling for a set annual fee to specific destinations. Calls to other destinations will be billed monthly at rates determined by Voice2Net from time-to-time and available on our website.

2.02 Charges, Billing and Payment
The Subscriber is responsible for paying all charges, plus all applicable taxes thereon, for the Services subscribed from Voice2Net, including for all calls: (i) made via the Subscriber's telephones or telecommunications systems; (ii) made using any number or authorization access code assigned to the Subscriber; and (iii) which are charged to the Subscriber's account. The Subscriber is responsible for the security of the Subscriber's authorization codes, and access to the Subscriber's telephones and telecommunications systems. NSF and all refused payments shall incur a $25 administrative fee per occurrence. Credit card charge-backs will incur a $50 administration fee. Voice2Net reserves the right to charge a $50 administration fee for all accounts remitted to collection. Once the account is placed with a collection agency a 2% per month interest (24% Annum) will be applied to the overall outstanding balance until such time that the balance is cleared. Due to billing software limitations any reference to Tax 1 or T1 outside of Ontario Canada, is in fact an additional service charge and not a government tax. In Ontario Canada, T1 is Provincial sales tax. Calls to Toll Free numbers will be billed at our North American long distance rate. Calls to mobile phones in some overseas destinations are billed at higher rates. Rates are listed on our website. Your rates may be different based on your package.  If you have received equipment or software from Voice2Net for the purpose of providing you Voice2Net Services, (Home Phone, Internet, etc) you will be billed for these devices. These are typically but not limited to modems, VoIP telephone adapters, routers, and modems etc that are reasonably required to provide you with the Services.

2.03 Charges will commence as of the Activation Date of the Service(s)
The Subscriber must pay for the charges of Services either by pre authorized debit by providing Voice2Net with a Pre-Authorized cheque payment by providing Voice2Net with the appropriate banking information. The Subscriber authorizes Voice2Net to make such charges against such  bank account to satisfy all charges for the Services. Voice2Net will charge the Subscriber's credit card or bank account for charges for the Unlimited Program or any other package in advance commencing on the date of activation of the Services (pro rata for the remaining days in such month) and thereafter, an amount equal to 1 month payment for all packages purchased by the Subscriber will be taken from the Subscriber's credit card during the period from the first day of the month of service until the last day of the month of service, on a monthly basis or as stipulated by Voice2Net. Payment for Standard Services shall be made on the first day of each month for the Standard Services used in the preceding month. Voice2Net at its sole discretion may elect to change billing dates. Call increments may vary depending on destination and length of call. The Subscriber must bring payment inquiries and disputes to Voice2Net's attention within 10 days after the charge for the Services have been paid or the Subscriber will be deemed to have accepted such charges as accurate in all respects. The Subscriber also agrees to make all payments by pre-authorized credit card payment with the card number given to Voice2Net during the activation process unless the Subscriber has enrolled for billing services in which case payment is due upon receipt of invoice. All security deposits will be used to pay the oldest outstanding charges. Quebec residents shall be entitled to interest at the Bank of Canada discount rate for any unused amounts returned.

2.04 Contract Term and MSF Rate Guarantee
Voice2Net services are sold on the following basis and will be subject to the Early Cancellation Fee (ECF) detailed in section 2.09.

(a) Home Phone Term Contracts ECF will apply on all contracts (1-year). The contract is one year. The Term of the contract shall also serve as a rate guarantee to the Subscriber whereby the Monthly Service Fee (MSF) cannot be increased by Voice2Net for the entire term. Customer may change plans throughout the term but may be required to pay a fee to compensate for promotions received by the Customer who would have otherwise not received them.  The cancellation fee shall be $5.00 per month for each month remaining in the contract.

(b) Home Phone No Contract: The Subscriber may cancel service without ECF.

2.06 Voice2Net's Right to Refuse to Provide Services
(a) The Subscriber owes amounts to Voice2Net that are past due and any security deposits are insufficient to satisfy outstanding balances;

(b) The Subscriber does not provide a security deposit or satisfy alternate security measures when requested by Voice2Net;

(c) Voice2Net has terminated the Services to the Subscriber in the past; and

(d) Voice2Net does not provide the requested Services to the country(s) desired by the Subscriber.

2.07 Services Interruption
(a) Voice2Net may interrupt the Services to the Subscriber at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

(b) You may find the need to contact our Customer Service department. You agree to accept all costs associated with contacting our representatives. We do not accept collect calls. Voice2Net service is provided to the Subscriber on a best-efforts basis. The Subscriber acknowledges that Home Phone VoIP service requires high-speed Internet connectivity. Poor or lack of Internet connectivity, power failure, VoIP blocking, computer viruses and the like (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Subscriber to remedy these Connectivity Issues.

(c) Voice2Net is not liable for:

(i) any disruption or unavailability of the Services;

(ii) any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Services);

(iii) the Subscriber's conduct, acts or omissions, or the operation or failure of the Subscriber's equipment or facilities;(iv) any event beyond the reasonable control of Voice2Net including acts of God, inclement weather including lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; and (v) its failure, for any reason, to activate the Services on the activation date Subscriber requested (vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of Voice2Net service.

(d) Voice2Net is a marketing company and does not provide actual telecom services. Voice2Net acts as an agent of various third party carriers and subscriber accounts are the property of the respective carrier. The employees or agents of other carriers are not and shall not be deemed to be agents or employees of Voice2Net. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to the Services. In subscribing for the Services, the Subscriber obtains no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.

The Subscriber agrees to indemnify and hold harmless Voice2Net against all claims, including fees and expenses of counsel, resulting from the Subscriber's use (or the use by others with the Subscriber's explicit or implicit consent) of the Services, the Subscriber's codes, facilities or equipment, which cause direct or indirect damage or harm to another party or to the property of another.

2.08 Suspension or Termination of Services by Voice2Net
(a) Without incurring any liability whatsoever, Voice2Net may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where the Subscriber:
(i) fails to pay an account that is past due, or Subscriber provides payment by cheque or credit card which is not honoured by Subscriber's bank and any security deposits are insufficient to satisfy outstanding balances

(ii) fails to provide interim payments when requested by Voice2Net;

(iii) fails to provide or maintain a reasonable deposit or alternate security when requested to do so by Voice2Net;

(iv) fails to meet Voice2Net's credit requirements, or becomes bankrupt or otherwise insolvent;

(v) fails to comply with the terms of a deferred payment or credit agreement with Voice2Net;

(vi) violates any provision of these Terms;

(vii) uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;

(viii) charges or allows others to charge any other person for the use of the Services without Voice2Net's prior written agreement;

(ix) harasses, threatens or otherwise acts unreasonably towards Voice2Net, its employees or agents, in relation to the Services;

(x) alters or otherwise interferes with Voice2Net's facilities or equipment, or fails to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or Voice2Net's equipment, facilities or network; or

(xi) fails to provide payment for other accounts with Voice2Net, including amounts owed by the Subscriber as a guarantor for the account of another;

(xii) uses or permits others to use the Services for resell;

(xiii) abuses the network with excessive usage as may be determined by Voice2Net. Excessive usage shall be determined solely by Voice2Net pursuant to our Fair Usage Policy listed herein.

(xiv) uses or permits others to use the service for commercial or business use.

(b) A suspension or termination will not affect the Subscriber's obligation to pay any amounts owed to Voice2Net either during or after the suspension or termination. If termination occurs during a contract period, the Subscriber will be charged for all usage plus the contract obligations. In some jurisdictions where early termination is an option, Voice2Net will charge the Subscriber termination charges pursuant to 2.09 (d). Should reactivation of services be required, Voice2Net will levy a reconnection fee of $25.

(c) Where the Services are cancelled, either by the Subscriber or by Voice2Net as provided herein, and there is an undisputed credit balance on the Subscriber's account, the Subscriber may require that it be refunded to the Subscriber and Voice2Net reserves the right to charge a reasonable processing fee in connection with issuing refunds.

2.09 Subscriber's Right to Terminate Services and Early Cancellation
(a) Term Contracts: Except as prohibited by law in your jurisdiction , all Voice2Net Contracts renew automatically upon their expiration for successive one year terms unless specifically advised otherwise by the Subscriber thirty days before automatic renewal on the activation anniversary date. The Subscriber is responsible for early cancellation fees (ECF) of their contract period. ECF shall be calculated by multiplying the number of months remaining on the contract by the monthly fees associated with the Services in the contract up to a maximum of $200 per service. The contract start date for VoIP services shall be the date the VoIP equipment is registered on the Voice2Net network and billing has commenced; for long distance users the date is from the date of subscription to Voice2Net. In order to prevent the Contract from renewing automatically; the Subscriber must call Voice2Net and request cancellation at least thirty days prior to the expiration date. Third party termination requests will not be accepted.

(b) No-Contract: Subscribers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date. The Subscriber must formally and personally request cancellation at least thirty days prior to the expiration date. Third party termination requests are not approved.

(c) The Subscriber acknowledges that Voice2Net Services are provided on a best-efforts basis and lack of service or poor quality is not grounds for contract termination. Subscriber must allow Voice2Net reasonable time to diagnose and correct any problems that have been reported and documented by the customer to Voice2Net. If the problem cannot be corrected within thirty-days of the initial report by the Subscriber, the Subscriber may elect to terminate his contract without penalty or liability providing Voice2Net with written notice of his intent to cancel. Where Voice2Net has determined that the problem is not the fault of Voice2Net but rather with the Subscriber, his equipment, Internet, phone lines, connectivity and the like, then ECF shall apply.

2.10 Telephone Number Portability
You agree throughout the term of your Voice2Net Services, and provide Voice2Net with express consent herein to transfer your phone number to;

(a) Voice2Net's preferred carrier partners and vendors as may be required from time-to-time without further consent by you,

(b) transfer your phone number to Voice2Net upon request by you,

(c) transfer your phone number from Voice2Net to an alternate carrier of your choosing upon request by you.

3.0 Changes, and Modifications of the Services

Without incurring liability, Voice2Net may at any time and without notice to the Subscriber change, modify or terminate the Services, in whole or in part (including the rates or charges). In the event of any such change or modification, the Subscriber may terminate without liability within 30 days of such change after which it is deemed that Subscriber accepted the change and will be responsible for paying all charges incurred for the use of the Services despite the change or modification, both before and after the date thereof.

For plans that include free calling to a specific country or groups of countries; Voice2Net may at any time remove certain countries from the calling plan as may be required from time-to-time due to; economic conditions, regulatory, international turmoil, call termination issues, or an increase in the international call termination rates associated to a destination.  If the calling plan includes only one country or service that is being removed by Voice2Net, customer may terminate the agreement without further liability.  If the calling plan includes several countries or services, E.g. Voice2Net Home Phone Global, the Customer shall remain obligated to the Contract.

3.01 Subscriber Confidentiality and Privacy
Before you begin to use our services, you will be asked to register to become a member. To complete the registration, you will need to give us some information about yourself including but not limited to your name, Email address, zip code, postal code, age, and occupation. Voice2Net is collecting this information and we retain ownership of it.

3.02 Use of Information
Unless prohibited by law in your jurisdiction, Voice2Net believes that knowing more about you will enable us to serve you better. It allows us to communicate with you about your service, news and promotions and to personalize the content and services we offer you. Information that you provide to Voice2Net is kept confidential. Your information is for the use of Voice2Net and its subsidiaries. It is not shared with any other third party.

3.03 Rate Changes
Voice2Net reserves the unilateral right to change, modify, increase, decrease, or add surcharges, connection fees as may be required from time to time.

3.04 Promotions
Voice2Net may at its sole discretion promote Voice2Net services from time to time through a variety of media channels. This may include free services for a specific period of time (promotional period). After the promotional period the Subscriber will be billed for services automatically. The Subscriber must call Voice2Net Subscriber Service before the promotional period has elapsed and request to cancel future service. All cancellations must be verbal to Customer Service. With respect to free trial periods for customers on a contract term the free period is deemed a bonus period and added to the contract term. For clarity, Customers who sign up to a 1 year term and are rewarded with 6 Free Bonus Months; the free months are added on top of the 12 month term for a total of 18 months. Therefore 6 months are free and 12 months are billable.

3.05 Reasonable Usage
Voice2Net's residential plans and features are to be used for residential, non-commercial use only and by only the account holder and the residential family members, at the place of residence listed under the account holder. Residential family members include your immediate family who reside in your personal residence - e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to use your service from other locations through a particular device or application, all use under that service plan is aggregated and must conform to normal residential or personal, non-commercial use.

Because over 95% of Voice2Net residential unlimited calling plan customers use less than 2000 minutes per month and do not have any unusual usage patterns, a customer's aggregate usage may be considered outside of normal and reasonable use if it exceeds 2000 minutes per month in combination with other factors that may adversely impact other Voice2Net customers or the Voice2Net network.

All Voice2Net plans have maximum reasonable call duration of 4 hours per call, after which time the call will be disconnected. Unlimited plans are subject to an aggregated limit (outgoing, call forwarding, conferencing etc) of all usage and features of 3000 minutes during each monthly billing cycle for inclusive calls. Incoming and Voice2Net to Voice2Net calls are excluded from this policy.

Voice2Net reserves the right to either suspend your Service and offer you an alternative call plan or terminate your Service if we determine, in our sole and absolute discretion, that your use of the Service or at any time was, inconsistent with normal residential average usage patterns of other Voice2Net customers. All usage minutes over 2500 minutes will be billed on a per minute basis based on the rates for the destination country being called. If we deem your use of our Services for commercial use, you will be required to pay our higher rates for Business Plans for all periods in which your use of the Service was inconsistent with normal residential use or the Reasonable Usage limits described herein. Where permitted by law customer may cancel.

3.06 Equipment Returns
Some Voice2Net services like Home Phone require equipment to be shipped (Telephone Adapter) from Voice2Net to the Subscriber for use with the service. The following terms apply to Equipment Returns where applicable:

(a) All equipment that must be returned to Voice2Net for any reason must be at the Subscribers' expense. Voice2Net will not accept collect packages or pay to have packages picked up. All returned equipment must be returned to Voice2Net in perfect resalable condition in its original packaging. Equipment returned in less than perfect condition, will be charged for refurbishing.

(b) Replacement: If the equipment is deemed defective by Voice2Net, and new equipment is shipped to the Subscriber, the Subscriber is responsible at his own expense for the safe return of the defective unit to Voice2Net in good physical condition at the address indicated by Voice2Net representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). Equipment without an RA will not be processed by Voice2Net.

(c) Fees: During a Promotional Trial period where equipment is required by the customer and Voice2Net has provided such equipment to be used with the service at no cost (Trial Equipment); Customer must return the Trial Equipment with an RA within 2 days after the expiration of the Promotional Period. After the Trial Period the customer is deemed to have accepted the Trial Equipment, and contract obligations; equipment returns will not be accepted by Voice2Net. Early cancellation or default of the contract by the Customer will result in ECF as listed herein. Voice2Net reserves the unilateral right to issue partial refunds when equipment is missing minor items such as cables, power supplies, manuals, packaging etc.

3.07 Equipment Warranty
Unless an Extended Warranty is purchased, all equipment that you receive from Voice2Net carries a one (1) year manufacturer's warranty. Extended Warranty coverage commences 30 days after purchase of the warranty.

3.08 Telephone numbers
If you were assigned a telephone number from Voice2Net, this number may at Voice2Net sole and absolute discretion and subject to applicable law be assigned to another Subscriber. Transferring phone numbers to Voice2Net (LNP) is possible only in Voice2Net serving territory. If you decide to transfer your existing phone number to Voice2Net from another telephone provider it is possible that your service will be interrupted in certain circumstances while the transfer is in process. Specific LNP instructions are listed in the LNP web page under "My Account". To transfer any number to another company (Reverse LNP) you will incur an administration fee of $50 per number.

3.09 No Directory Listing
Voice2Net does not automatically provide directory listings. Directory listings may be available in select serving areas and by request only.

3.10 Resolutions
The Voice2Net customer service department is here to assist you and managers are on duty for escalations if you feel that your concerns have not been handled to your satisfaction. We also endeavor to record and archive phone calls for quality and training and in the event that you request a copy of any verbal agreements. Upon written request, we can provide you archived call recordings for dispute resolution. However in the event the dispute resolution is in Voice2Net's favor, a $25 fee per recording will apply.

3.11 Account Investigations
Whenever it is necessary for Voice2Net to retrieve information or documents, or to have others retrieve information or documents, relating to your account (including such things as call recordings and call logs) as a result of a complaint or request that is initiated directly or indirectly by you or on your behalf, Voice2Net may charge you a fee of $175, which Voice2Net may choose to waive depending on the information or documents retrieved.

4.0 Service Incompatibility

Home Security Systems: The Home Phone service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with your Home Phone service.

Fax Machines: The Home Phone service can work with most fax machines, however due to various machine configurations, Internet connectivity and bandwidth fluctuations, faxing using your fax machine and your Home Phone service is provided on a best-efforts basis and Voice2Net assumes no liability whatsoever and provides no guarantee that faxing will work.

Relocating & International Destinations: Some countries block Voice Over IP (VoIP) services and your Voice2Net Home Phone service may not work if your relocate it to a country that blocks VoIP service. Voice2Net assumes no liability due to blocked VoIP traffic.

The Home Phone dial tone comes out of "line 1" and or "line 2" on the back of the Telephone Adapter. In most cases you will connect a telephone to the back of the Telephone Adapter. You can also however connect the Telephone Adapter "line 1" or "line 2" to any available telephone jack in the home. This setup MIGHT work and is not supported by Voice2Net Technical Support department because of the many variables.

4.02 General Terms
(a) Enurement/Assignment: These Terms are binding upon and shall ensure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that the Subscriber shall not assign or transfer its rights or obligations under these Terms without the prior written consent of Voice2Net.

(b) Notices: Notices shall be in writing and delivered by personal delivery or certified or registered mail to the last address provided by the Subscriber.

(c) Unenforceable Provisions: If any part of these Terms shall be invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms.

(d) Governing Law: These Terms and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the province of Ontario, and the federal laws of Canada applicable in such province. Each of the parties hereto agrees that the Courts of Ontario shall have exclusive jurisdiction to entertain any action or other legal proceedings based on any provisions of these Terms. Each party hereto does hereby attorn to the jurisdiction of the Courts of the Province of Ontario. Local laws