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Freedom Home Internet Terms Of Service

Updated as of October 17, 2019

Introduction

Thank you for choosing Freedom!

By using or subscribing to Freedom Mobile Inc.’s (“Freedom Mobile”) Internet services*, including any related services (collectively or individually, the "Services"), which may be provided and maintained by Freedom Mobile or any of its affiliates, including Shaw Cablesystems G.P., Shaw Telecom G.P. or their partners and/or associates (collectively, with Freedom Mobile, "Freedom"), you agree to the following terms and conditions of service (the "Terms of Service"):

These Terms of Service constitute the understanding between Freedom ("Freedom" or "our") and the customer ("you" or "your") subscribing to all or any of the Services. These Terms of Service govern the Services and any devices and/or equipment, including, without limitation, ethernet devices and software used in conjunction with the Services ("Equipment"). You acknowledge that the Equipment may be purchased by you and become “Your Equipment” (as defined below under the heading “Equipment, Installation, Maintenance and Return Responsibilities”) or be provided to you by Freedom under a rental arrangement, in which case the Equipment shall be referred to as the "Rental Equipment", and for clarity such rental arrangement forms part of the Services. By activating the Services, you acknowledge that you have read, understand and agree to these Terms of Service as set out below. Freedom recommends that you print a copy of these Terms of Service and the Freedom Internet Acceptable Use Policy.

If you do not wish to be bound by these Terms of Service or any modifications which may be made by Freedom from time to time (as described in the following paragraph) do not activate or use the Services and immediately contact Freedom.

In addition to the terms contained in these Terms of Service, these Terms of Service are also subject to the terms and conditions set out in the Freedom Internet Acceptable Use Policy, and available at www.FreedomMobile.ca, or as may be required by statute or regulation.

YOUR NON TERMINATION OR CONTINUED USE OF THE SERVICES AFTER THE EFFECTIVE DATE OF ANY CHANGES MADE TO THESE TERMS OF SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AS MODIFIED BY SUCH CHANGES.

The customer can obtain more information about the Services and these Terms of Service by contacting Freedom's customer services on-line at www.FreedomMobile.ca. You may also contact Freedom through Freedom's local branches listed in the Contact Us section on Freedom's web site at www.FreedomMobile.ca or the telephone directory.

*The details of the various Services packages, including other products and services offered by Freedom, can be found on our web site at www.FreedomMobile.ca. Freedom may, at its discretion, make changes to the Services from time to time, including without limitation changing Services fees and eligibility requirements.

Use of the Services

1. The Services may only be used in accordance with the Freedom Internet Acceptable Use Policy.

2. The Equipment, technology and/or processes provided to you may be subject to intellectual property rights reserved by Freedom or third parties. Nothing contained in these Terms of Service shall grant to you any right, license, title or ownership of, in or to any intellectual property rights of Freedom or any third party in such Equipment, technology or processes.

3. Freedom Mobile, the Freedom Mobile logo and certain product or service names are registered trade-marks or trade-marks of Freedom Mobile Inc. or its affiliate(s). You agree not to copy, display or use in any manner any of Freedom's trade-marks without Freedom's express prior permission. Other product, information or company names mentioned in these Terms of Service may be the registered trade-marks or trade-marks of their respective owners.

Content

Freedom does not warrant the condition or content you are able to access on the Internet through the use of Freedom Internet Services. You acknowledge that there may be content that you may find offensive and you agree that your viewing and/or use of such content is at your own risk. Some content may not be suitable for minors and you agree to supervise all minors whom you permit to access the content from the Internet through your account with Freedom.

Service Interruption/Freedom's Right of Entry

1. Freedom and/or its agents may interrupt and/or inspect the Rental Equipment and/or the Services at any time for any duration of time, without notice or liability to you, in order to install, inspect, repair, replace or perform necessary maintenance on the Rental Equipment, its facilities and/or network, or for other technical reasons as may be required.

2. You agree to provide Freedom access to the Rental Equipment (including reasonable access to the location the Services are provided ("Service Location") as may be reasonably necessary under the circumstances. Freedom's employees/agents will show identification prior to entering the Service Location. Freedom is only required to provide you reasonable notice if Freedom needs access inside the Service Location. If you are not the owner of the Service Location, it is your responsibility to obtain and maintain access rights for the purpose of enabling Freedom employees and/or agents to install, maintain and provide the Services at such Service Location.

3. You understand that the Services do not function in the event of a power failure and regardless of where the power failure arises. In addition, a power failure or disruption may require Freedom to reset or reconfigure the Rental Equipment, its facilities and/or network to reactivate the Services.

IMPORTANT: Freedom does not warrant uninterrupted use of the Services and will not apply any rebate for service interruptions.

Equipment, Installation, Maintenance and Return Responsibilities

1. Freedom may install or cause to be installed the Rental Equipment in the Service Location. The Rental Equipment is provided for your use of the Services and will at all times remain the property of Freedom. You will not sell, lease, transfer or assign the Rental Equipment. You may use the Rental Equipment only at the Service Location address you have indicated to Freedom at the time you subscribe to the Services. You will not re-arrange, disconnect, remove, repair or otherwise interfere with the Rental Equipment nor will you relocate the Rental Equipment to another address without Freedom's prior written consent.

2. Rental Equipment provided by Freedom will be charged as part of the monthly Services fee, plus applicable taxes. Freedom may require you to pay a Rental Equipment deposit prior to providing you with the Rental Equipment. You agree to keep all of the Rental Equipment free and clear of any lien or encumbrance of any kind whatsoever. If you become aware that any lien or encumbrance has been placed on the Rental Equipment you are responsible to notify Freedom immediately and to assist Freedom in removing same.

3. You are responsible for the safekeeping of the Rental Equipment. If, while in your care, the Rental Equipment is damaged, lost or stolen you agree to pay Freedom the full cost, including the costs incurred by Freedom to recover, repair and/or replace the Rental Equipment. You hereby authorize Freedom to charge your account and process payment for all Rental Equipment charges, plus applicable taxes, using any of the payment methods accepted by Freedom for your account (including pre-authorized credit card or bank withdrawal).

4. Any unauthorized attachments to the Rental Equipment or interfering or tampering with the Rental Equipment or unauthorized use of the Rental Equipment are prohibited and may constitute theft under the Criminal Code of Canada.

5. You are required to return the Rental Equipment to Freedom in good working order as follows (i) if your Services have expired or are terminated, within thirty (30) days of your Services being disconnected, (ii) if Freedom has replaced or upgraded your Rental Equipment, within thirty (30) days of the replacement or upgrade order, or (iii) if Freedom has provided you Rental Equipment for self-install and you do not install such Rental Equipment, within thirty (30) days of the self-install order. In the event that the Rental Equipment is not returned to Freedom as set out above, you agree to pay to Freedom a “Rental Equipment Non-Return Fee”, in an amount equivalent to the undiscounted retail value of the Rental Equipment, which amount will vary based on the type and model of the Rental Equipment, plus applicable taxes. The Rental Equipment Non-Return Fee will be applied and appear as a charge on your Freedom account on the date (i) your Services have expired or are terminated, (ii) fifteen (15) days after a replacement or upgrade order for Rental Equipment has been made, (iii) a self-install order for Rental Equipment has been made, or (iv) you install new, replacement or upgraded Rental Equipment, as applicable, provided however that if the Rental Equipment has been returned to Freedom within thirty (30) days as set out above payment will not be processed and the Rental Equipment Non-Return Fee charged to your Freedom account will be reversed. If the Rental Equipment has not been returned to Freedom as set out above, payment for the Rental Equipment Non-Return Fee will be processed using any of the payment methods accepted by Freedom for your account (including preauthorized credit card or bank withdrawal). To arrange the return of the Rental Equipment you must contact Freedom's customer service on-line (www.FreedomMobile.ca) and you will be sent a prepaid shipping label to be used to return the Rental Equipment. Freedom is not responsible for any Rental Equipment which is stolen, lost in transit or is otherwise not received by Freedom for any reason within the thirty (30) day return periods described above.

6. All Equipment and devices purchased and paid for by you, which are neither returnable to nor refundable by Freedom, and that you are required to supply for access and use of the Services or that you use in connection with the Services, such as computer equipment or any other equipment and/or associated devices (collectively, "Your Equipment") shall be and remain your responsibility. You agree that Freedom is not responsible for any damage or loss to Your Equipment arising from your use of the Services. You further acknowledge and agree that Freedom is not responsible for the installation, operation, maintenance, use or support of Your Equipment, including without limitation, the compatibility of Your Equipment with any Rental Equipment or the Services.

7. Freedom has no obligation to maintain or repair any facilities or equipment owned by you.

8. Freedom supports a feature on certain Internet modems that provides the ability to broadcast a secondary WiFi network (“Shaw Mobile Hotspot”). If your modem has this feature it will be enabled by default upon launch by Freedom of the feature.

Payment Terms

1. You agree to pay Freedom the total charges for access to and/or use of the Services, including, without limitation: fees applicable to installation; Rental Equipment rental, deposits, or non-return charges; processing fees, costs incurred by Freedom and interest charges, if your account is past due; service calls; plus any applicable federal, provincial or regulatory taxes or surcharges, incurred in connection with the access to and/or use of the Services (as all such fees may be changed from time to time). Freedom will bill you each month in advance for the Services and your invoice will be made available to you in an electronic format by logging into your My Account at our website. Notification of new invoices may be sent to you at the e-mail address you have provided us. If you do not receive notifications of new invoices by email, you are still responsible for logging into your account at our website to check for new invoices on a regular basis and for paying all amounts by the due date specified. Your payment may be processed by Freedom Mobile or its affiliate Shaw Cablesystems G.P.

2. You agree to pay all amounts by the due date indicated on your invoice by using any of the payment methods accepted by Freedom. Payments made after the statement date on your invoice will be reflected on your next invoice. Amounts owing after the due date are subject to a late payment interest charge calculated and compounded monthly on the outstanding amount at 2% per month (26.8% per year) from the date of the first bill on which it appears until paid in full. If your account remains unpaid for 60 days, Freedom may refer your account to a collections agency and you agree to pay a fee of $20.00 for services relating to the administration, processing, or service costs for your account (for example, collections efforts due to non-payment or suspension, disconnection or reactivation of your Services). You agree to pay Freedom $25.00 if your credit card is denied or if your cheque is returned due to non-sufficient funds. Payment of the full amount due will be required before the Services may be restored, provided Freedom is not under any obligation to restore the Services to any person who continues to fail to make timely payment of the amounts due or abuses Freedom's Internet Acceptable Use Policy.

3. You are responsible to ensure that the billing information and the contact email for receiving invoices you provide Freedom is accurate. You agree to promptly notify Freedom of any changes in your billing information.

4. You are responsible for any costs, including legal fees and expenses, collection agency fees or payments and Court costs incurred by Freedom to collect any amounts owing under these Terms of Service.

5. If you are receiving the Services through a trial period offer, you agree that upon the expiry of such trial period, you will be bound by the payment requirements set out in this Section unless the Services are terminated in a manner set out below under the heading “Freedom-Initiated Termination or Suspension” prior to the end of such trial period.

6. You must bring billing invoice questions and disputes to Freedom's attention within 60 days of the invoice date. Your failure to contact Freedom regarding any invoice will constitute your acceptance of the invoice. Freedom maintains discretion to disconnect services during a dispute if satisfactory payment arrangements have not been made by you.

Credit

Freedom reserves the right to examine your credit records at any time, whether before or after providing you the Services.

Freedom's Provision of Services

Freedom is not required to provide the Services where:

(a) the Service Location is located outside of Freedom's service or licensed geographic area for Internet Services;

(b) you have failed to make payment of the amounts due for the Services and/or the Rental Equipment; or

(c) Freedom would have to incur unusual expenses to bring the Services to the Service Location, which you do not agree to pay.

Software and Firmware Updates

You expressly agree to receive software and firmware updates in relation to the Services. Such updates may change, add or remove features and/or functionalities of the Equipment and/or the Services.

Freedom My Account PIN

When ordering the Services, a randomly generated personal identification number (your “PIN”) will be sent by text message to the first phone number you activate with Freedom. You will need your PIN to access My Account at our website or for any other changes or inquiries into your account. You agree that we are permitted to take steps to verify any person contacting us to validate that said person is authorized to access information, give us instructions and/or make changes in connection with your account, and that we will be entitled to treat all such communications as authorized by you if the person contacting us is verified. Verification may be done by a variety of methods, such as, as applicable, confirming your PIN, sending you a second factor authentication or verifying your ID. It is your responsibility to keep your PIN safe and secure and not to disclose it to anyone (except as described below). You are solely responsible for any actions taken using your PIN. You should only provide your PIN when logging into My Account at our website or to our customer care representatives. If you forget your PIN we might ask you for additional identification. Also, you agree that your PIN can be sent to your phone number. You can customize this PIN through My Account. If you want to authorize other individuals to access your account, you can do this through My Account and they will be sent their own unique PIN. If you ever need to reset your PIN, you can reset it through My Account and we will send you a reset link to the email address on file. If you believe the security of your PIN has been compromised, or you suspect unauthorized use, notify us immediately by requesting a PIN reset through My Account for a compromised PIN. You will be responsible for all changes to your account, use of Services and charges, whether by you or anyone else, until you notify us. Once you notify us, we may suspend your account and may arrange for a new account to continue your use of the Services.

If You are Moving

If you are moving you are responsible to notify Freedom at least 30 days prior to the date you are moving. If you move to a location that is outside of the area served by Freedom and are not subject to a service agreement, these Terms of Service shall be terminated and you must return all Rental Equipment to Freedom. The ability to transfer the Services to a new location is dependent on the availability of the Services at the new location and subject to change depending on the products and pricing in the new location.

Customer-Initiated Termination

1. You may terminate the Services at any time by notifying Freedom through the chat function on the FreedomMobile.ca website of your desire to terminate.

2. You agree that if the Services are terminated for any reason you will:

(a) pay Freedom in full for any amounts due and outstanding for your use of the Services, plus applicable taxes, including any applicable early termination fees; and

(b) return the Rental Equipment to Freedom.

3. On or after expiry or termination of the Services for any reason, if your account has a credit balance less than ten dollars ($10.00), this credit balance will not be automatically refunded to you when Services expire or are terminated. If your account has a credit balance of ten dollars ($10.00) or more, we will refund that balance to you within thirty (30) days (i) by mailing a refund cheque to the last known address that we have for you in our records or any other address that you instruct us to mail to or (ii) by processing the refund to the credit card on your account. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to Freedom of the credit balance amount.

Freedom-Initiated Termination or Suspension

1. Freedom may restrict, block, suspend or terminate all or any part of the Services immediately where you: (a) fail to make timely payment on your account for the Services and, in the case of a termination, such failure has continued for more than 60 days; provided, however, that in the case of suspension or termination when your account balance is more than $50, such failure has continued for more than 30 days; (b) become bankrupt or otherwise insolvent; (c) fail to provide Freedom with reasonable entry and access to install, inspect, repair, replace or to perform necessary maintenance on the Rental Equipment, or Freedom's facilities or network; (d) are in breach of any term or condition of these Terms of Service or of Freedom's Internet Acceptable Use Policy; or (e) if you relocate, alter, abuse or disconnect the Rental Equipment.

2. For the situations listed above, Freedom will attempt to notify you using the information shown on your account stating the reason and date scheduled for the suspension or termination.

3. Despite the above, Freedom will not provide you notice of a proposed restriction, block, suspension or termination: (a) if immediate action must be taken to protect Freedom's facilities, Rental Equipment, or network, or if suspension is required by legal requirement, court order, ordinance or regulatory authority; (b) if Freedom believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination; (c) if you misuse or abuse or permit others to misuse or abuse the Services for purposes that are contrary to law, these Terms of Service or Freedom's Internet Acceptable Use Policy; or (d) in an emergency situation.

4. If all or any part of the Services are restricted, blocked, suspended or terminated for cause, Freedom is not obligated to restore the Services. If Freedom agrees to restore your Services, a reconnection service charge may be applied.

5. On or after expiry or termination of the Services for any reason, if your account has a credit balance less than ten dollars ($10.00), this credit balance will not be automatically refunded to you when Services expire or are terminated. If your account has a credit balance of ten dollars ($10.00) or more, we will refund that balance to you within thirty (30) days (i) by mailing a refund cheque to the last known address that we have for you in our records or any other address that you instruct us to mail to or (ii) by processing the refund to the credit card on your account. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to Freedom of the credit balance amount.

Freedom's Liability

1. Freedom shall not be liable for: (a) any interruption or unavailability of the Services; (b) any act or omission of any third party including, but not limited to, any connecting carrier or underlying carrier or other provider of connections, facilities or services; (c) your conduct, acts or omissions; (d) any event beyond the reasonable control of Freedom including acts of God, inclement weather (including lightning), power failures, 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; (e) Freedom's failure, for any reason, to activate the Services on the activation date you requested or date provided to you by Freedom; (f) any defacement of, or damage to, the Service Location resulting from the attachment of any instruments, apparatus or associated wiring and/or the Rental Equipment furnished by Freedom, or removal thereof, when such defacement or damage is not wholly caused by Freedom's negligence; and (g) any damages you incur as a result of the operation or failure of Your Equipment, facilities, wiring or other devices you use with the Services, including without limitation if any of Your Equipment, facilities, wiring or other devices that you use with the Services are now or later become incompatible with the Rental Equipment and/or the Services.

Limitation of Liability

1. IN THE EVENT OF ANY BREACH BY FREEDOM, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE BY FREEDOM, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM FREEDOM PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO THE FEES PAID BY YOU TO FREEDOM IN THE PAST THREE MONTHS FOR THE SERVICES.

2. UNDER NO CIRCUMSTANCES SHALL FREEDOM BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THESE TERMS OF SERVICE, INCLUDING YOUR USE OF THE RENTAL EQUIPMENT AND/OR SERVICES, OR YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE OR MATERIAL VIEWED OR PROVIDED ON OR THROUGH USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN RECEPTION OR TRANSMISSION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES.

3. FREEDOM SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND SAVE FREEDOM HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING; (a) CLAIMS FOR LIBEL, SLANDER, INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY OR BASED ON ANY OTHER LEGAL THEORY HOWSOEVER ARISING FROM THE MATERIAL, DATA OR OTHER CONTENT FROM THE SERVICES; (b) ANY LOSSES, DAMAGES, EXPENSES OR COSTS (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, OR OTHER PROCEEDING BASED ON A CONTENTION THAT THE USE OF THE RENTAL EQUIPMENT AND/OR THE SERVICES BY YOU OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; OR (c) CLAIMS BY THOSE TO WHOM YOU PROVIDE ACCESS TO THE RENTAL EQUIPMENT AND/OR THE SERVICES.

4. FOR THE PURPOSES OF THIS SECTION, ANY REFERENCE TO "FREEDOM" SHALL INCLUDE FREEDOM, ITS AFFILIATES, PARTNERS OR ASSOCIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS.

5. YOU SHALL NOT BE LIABLE FOR THIRD PARTY USE OF SHAW MOBILE HOTSPOT.

Limited Warranty

ALL RENTAL EQUIPMENT AND THE SERVICES ARE PROVIDED BY FREEDOM "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. FREEDOM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE RENTAL EQUIPMENT AND/OR THE SERVICES. FREEDOM DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON OR FROM THE SERVICES ARE FREE OF DEFECT, ERROR OR VIRUSES. FREEDOM DOES NOT WARRANT THE CONTENT THAT IS ACCESSIBLE ON OR FROM THE SERVICES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION, ADVERTISING, CONTENT OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.

Disputes and Governing Law

1. ANY DISPUTES OR CLAIMS ("CLAIMS") WHATSOEVER BETWEEN FREEDOM AND YOU WILL BE REFERRED TO AND DETERMINED BY ARBITRATION TO THE EXCLUSION OF THE COURTS. IF YOU HAVE A CLAIM YOU SHOULD GIVE WRITTEN NOTICE TO ARBITRATE TO FREEDOM AT SUITE 900, 630 – 3RD AVENUE SW, CALGARY, AB T2P 4L4 ATTENTION: LEGAL DEPARTMENT. ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR PURSUANT TO THE LAWS AND RULES RELATING TO COMMERCIAL ARBITRATION IN THE PROVINCE IN WHICH YOU RESIDE THAT ARE IN EFFECT ON THE DATE OF THE NOTICE. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST FREEDOM RELATED TO ANY CLAIM. YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST FREEDOM. IF FREEDOM HAS A CLAIM, FREEDOM WILL GIVE YOUR NOTICE TO ARBITRATE AT YOUR BILLING ADDRESS. IF THE CLAIM RELATES TO A MATTER THAT SHOULD BE BROUGHT BEFORE THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION (CRTC) OR OTHER CUSTOMER COMPLAINTS BODY SET UP TO ADDRESS SUCH MATTERS, YOU AGREE THAT THE CRTC OR SUCH BODY WILL RESOLVE THE CLAIM. THIS PARAGRAPH IS SUBJECT TO ANY PROHIBITIONS UNDER APPLICABLE LAW.

2. THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE IN WHICH YOUR BILLING ADDRESS IS LOCATED AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. THESE TERMS OF SERVICE CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE AND SUPERCEDES AND REPLACES ANY AND ALL PRIOR WRITTEN OR VERBAL UNDERSTANDINGS.

Commissioner for Complaints for Telecommunications Services (CCTS)

CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their broadcasting and telecommunications services, free of charge. If you have a complaint about your telephone, wireless, internet or TV service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you.

To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.

General

1. You may not assign, resell or transfer the Rental Equipment or the Services to any person without prior written consent of Freedom. These Terms of Service will enure to the benefit of, and be binding upon, your respective heirs, executors, administrators, successors and permitted assignees and, for the purpose of Freedom, these Terms of Service shall benefit to any party that controls, is controlled by or under common control with Freedom.

2. Upon termination of these Terms of Service, all accrued obligations or liabilities and the provisions which by their nature are intended to continue beyond such termination will remain in effect. Without limiting the generality of the foregoing, the terms of Freedom Internet Acceptable Use Policy shall survive the expiration and/or earlier termination of these Terms of Service.

3. The failure of either party to insist upon strict interpretation of these Terms of Service or to exercise any options set out in these Terms of Service, shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect. No waiver by either party of any breach shall be effective unless expressed in writing.

4. Freedom does not grant you any right to use Freedom's logos, trademarks or trade names in any manner unless Freedom give you prior written consent and/or grants you an appropriate license to use.

Confidentiality

Subject at all times to Freedom’s Privacy Policy, Freedom may disclose any information as is necessary to:

(a) satisfy any legal or regulatory requirement or governmental request; (b) obtain, deliver, operate and market the Services; or (c) protect Freedom or its customers.