THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERNS YOUR USE OF THIS SITE AND IS LEGALLY BINDING ON YOU. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
GONEVOIP.CA provides to users a comparison service, and other services relating to VOIP and other telecommunications products and services through its website on the internet (the “Site”). The Site design, graphics, images, text, information, documents, services and products provided or offered on the Sites, including the selection and arrangement of such items, are the copyrighted work(s) of GONEVOIP.CA (the “Materials”).
All software used on this Site is the property of GONEVOIP.CA or its licensors, and such software is protected by Canadian copyright laws and international treaties. Any use of the software other than as required to navigate the Sites and utilize the functionality offered through the Sites is expressly prohibited. No right to copy, distribute (in any manner through any means including without limitation rent, sales, lease, loan, or transfer), publicly display, publicly perform or modify the software accessible on the Sites is granted, or may be implied by these Terms. You may not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code to the software without the express written permission of GONEVOIP.CA and/or its licensors, as applicable. You agree not to “frame” or “mirror” any Materials or Third Party Content contained on or accessible from this Sites on any other server or Internet based device without the advance written authorization of GONEVOIP.CA or its licensors, as applicable.
GONEVOIP.CA grants you a limited, personal, non-exclusive and non-transferable license to display the Materials only on your personal computer and to print in hard copy portions of the Sites for the sole purpose of placing an order with a Sites partner or using these Sites as a resource. Any other use of Materials on the Sites – including reproduction for purposes other than those noted above, modification, distribution, or republication – without the prior written permission of GONEVOIP.CA is strictly prohibited. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials. Except as stated herein, you acknowledge that you have no right, title to, or interest in the Materials on any legal basis, without the advance written authorization of GONEVOIP.CA
Third Party Interaction
Certain information and content available on the Sites may be provided by third parties (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Without the consent of the applicable third party licensor, you shall only have the right to display the Third Party Content on your personal computer and to view such content for your personal use.
In your use of the Sites, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or members or sponsors showing their goods and/or services on the Sites. Unless otherwise stated in the GONEVOIP.CA terms of sale, any such correspondence, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion is solely between you and the applicable third party. Unless otherwise stated, you agree that GONEVOIP.CA has no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
This Site may be linked to other sites that are not under the control of or maintained by GONEVOIP.CA. You acknowledge that GONEVOIP.CA is providing these links to you only as a convenience, and further agree that GONEVOIP.CA is not responsible for the content or links displayed on such sites.
You represent and warrant that you are of sufficient legal age to use the Sites and to enter into the binding legal obligations you may incur as a result of use of the Sites. You agree to be financially responsible for any liability you may incur as a result of using the Sites, and agree to supervise minors in the use of the Sites. You acknowledge that your unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You agree that you are wholly responsible for your actions or the actions of any person using your user name and/or password. As such, you agree to indemnify and hold GONEVOIP.CA, its affiliates, agents, co-branders, and partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by GONEVOIP.CA in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that your use of the Sites or the use of the Sites by any person using your user name and/or password violates any applicable law or regulation or the rights of any third party.
GONEVOIP.CA does not represent, warrant or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from this or other Web sites in its network (the “Services”), nor the quality of any products, services, information or other materials displayed, purchased or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services (the “Products”). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk.
All of the data on products and services, including but not limited to, the prices and the availability of any service, product or product feature, should be verified with the company supplying the product or service and is subject to change without notice by the manufacturers and/or service providers. GONEVOIP.CA reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Services or the Materials. GONEVOIP.CA intends to update information listed on the Site where appropriate, but shall not be liable for any inaccuracies, delays or failures to do so and will not notify users when information has been updated.
THE SERVICES AND THE MATERIALS ARE PROVIDED BY GONEVOIP.CAON AN “AS IS” BASIS, AND GONEVOIP.CAEXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL GONEVOIP.CABE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
GONEVOIP.CA encourages you to exercise discretion while browsing the Internet using this directory. GONEVOIP.CA makes no representations concerning any endeavor to review the content of sites listed in any of the Materials.
GONEVOIP.CA is not responsible for the accuracy, copyright compliance or legality of material contained in sites listed in the directory or in the Materials. It may not be reproduced, redistributed, retransmitted or otherwise disseminated without the express written permission of GONEVOIP.CA.
GONEVOIP.CA makes every effort to ensure the information presented on the Site is accurate. However, if an error is found, GONEVOIP.CA is not responsible for the results, or any loss or damage, which may occur from such a mistake.
Because GONEVOIP.CA publishes information provided by manufacturers, VOIP carriers, and retailers, GONEVOIP.CA has no control over the accuracy of such information and makes no guarantee as to such information, including as to the accuracy, currency, content or quality of any such information.
Local Laws, Export Laws
GONEVOIP.CA controls and operates its Site from its headquarters in Canada and makes no representation that the Materials and/or Third Party Content are appropriate or will be available for use in other locations. If you use these Sites from outside of Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on these Sites are solely directed to individuals, companies, or other entities located in Canada.
You acknowledge and agree that the Materials and the Third Party Content are subject to Canadian Export Laws and Regulations, and that diversion of the Materials or the Third Party Content contrary to Canadian law is prohibited. You agree to comply strictly with all Canadian export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Reviews, User Contributed Content & Product Descriptions
The availability of the product(s) and/or service(s) described on the Site, along with their descriptions and service ratings, from time to time may change and may not be all the same throughout Canada. Visitors shall always consult the Service Provider of choice for specific product information and area of availability.
Registered Users Accounts
In order to access certain Services from GONEVOIP.CA, you may register with a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to select a password that is only known to you and is not easily identifiable to others. You are solely responsible for any and all use of your membership including maintaining the security of your password.
You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the account, username, or password of another User.
Closing Your Account
You may close your Account at any time by contacting a GONEVOIP.CA Representative. If your account is not closed before your next billing cycle your account will be renewed. In the event of termination of your service agreement, sections: Exclusion Of Warranty, Limitation Of Liability, Indemnification, Prohibited Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.
GONEVOIP.CA reserves the right to deny and/or revoke user access as required for lawful operation or as otherwise deemed at own discretion for successful business operation.
Members Code Conduct
You understand that all information, data, text, photographs, graphics, video, messages, tags, or other materials (herein after “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not GONEVOIP.CA, are entirely responsible for all Content that you upload, post, email, link, transmit or otherwise make available via the Service. GONEVOIP.CA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable to your own personal beliefs. Under no circumstances will GONEVOIP.CA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the website.
You agree to not use the Service to:
– upload, post, email, link, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
– harm any person (minor or adult) in any way;
– impersonate any person or entity, including, but not limited to, the GONEVOIP.CA administrator, a forum leader or moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
– manipulate in any way identifiers in order to disguise the origin of any Content transmitted through the Service;
– upload, post, email, link, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (this includes, but is not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– upload, post, email, link, transmit, trade, or otherwise make available any Content that infringes on the terms or conditions of any party;
– upload, post, email, link, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or self promotion;
– upload, post, email, link, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– disrupt the normal flow of posting or otherwise act in a manner that negatively affects other visitors’ ability to engage in accessing and utilizing the site (e.g. posting a review, accessing GONEVOIP.CA, registering with GONEVOIP.CA, etc);
– interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
– intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law while using the Service;
“stalk” or otherwise harass another; and/or
– collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
– You acknowledge that GONEVOIP.CA may or may not pre-screen Content, but that GONEVOIP.CA and its moderators shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, or move any Content that is available via the Service. Without limiting the foregoing, GONEVOIP.CA and its moderators shall have the right to remove any Content that violates the TOS or is otherwise objectionable at their sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GONEVOIP.CA or submitted to GONEVOIP.CA, including without limitation information in all parts of the Service, which includes forum board posts.
You acknowledge, consent and agree that GONEVOIP.CA may access, preserve and disclose your account information, including your ISP address, and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GONEVOIP.CA, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GONEVOIP.CA and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service.
GONEVOIP.CA does not actively monitor your use of the Site. However, in its efforts to promote good citizenship within the Internet community, if GONEVOIP.CA becomes aware of inappropriate use of the Site or any GONEVOIP.CA service, GONEVOIP.CA will respond in any way that, in our sole discretion, we deem appropriate. You acknowledge that GONEVOIP.CA will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, GONEVOIP.CA will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, GONEVOIP.CA reserves the right to terminate or deny access to the site to you without notice. The preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by GONEVOIP.CA in its sole discretion, will result in immediate termination of service. You understand that GONEVOIP.CA has the right to terminate any account for any reason that GONEVOIP.CA interprets as an abuse of the account.
You agree that GONEVOIP.CA and its licensors may make improvements and/or changes in the products, services, and programs described on the Sites at any time without notice, and further agree that GONEVOIP.CA can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Sites after such modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by Canadian federal law.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of GONEVOIP.CA to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GONEVOIP.CA in writing. The Terms comprise the entire agreement between you and GONEVOIP.CA and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Last Revised July 10, 2015