BY ENTERING THIS SITE, YOU AGREE TO THE TERMS OF THIS MEMBER AGREEMENT, JUST AS IF YOU HAD SIGNED THE MEMBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS MEMBER AGREEMENT, DO NOT ACCESS THIS SITE.

AGREEMENT BETWEEN USER AND TELUS MOBILITY

This Web site (the "Web site") is offered to you (hereinafter referred to as "Member") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. The right to use this Web site and any other product or service offered by TELUS Inc. ("TELUS Mobility"), is personal to Member and is not transferable by assignment, sublicense, or any other method to any other person or entity.

MEMBER INFORMATION

No member may
(i) select or use a username or email address of another person with the intent to impersonate that person or entity;
(ii) use a username or email address subject to the rights of any person other than Member without authorization;

PASSWORD DISCLOSURE

Member acknowledges that his or her right to use this Web site and other products or services offered by TELUS Mobility is unique or specific to Member and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer Member's right to use this Web site is void and shall constitute a breach of this Agreement.

Member shall take any and all actions necessary to maintain the privacy of his or her password. In the event Member has reason to believe that a third party has access to Member's account, Member shall promptly take adequate measures to change their account password by contact their channel manager and, if any such problem persists, notify TELUS Mobility (by notice given to [email protected]).

PERSONAL AND NON-COMMERCIAL USE LIMITATION

This Web site is for Member's personal and non-commercial use. Member may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site, without written permision from TELUS Mobility.

NATURE OF SERVICE

TELUS Mobility has made all reasonable efforts to ensure that all information provided on its own Web site on the Internet is accurate at the time of inclusion; however, there may be inadvertent and occasional errors for which TELUS Mobility apologizes.

The information contained within this Web site is the property of the original publisher. While we strive to present accurate and useful information, TELUS Mobility makes no guarantee of accuracy or completeness. All information and opinion expressed herein is subject to change without notice.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

A. MEMBER EXPRESSLY AGREES THAT USE OF THIS WEB SITE IS AT HIS OR HER SOLE RISK. NEITHER TELUS MOBILITY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEB SITE OR THE FORUMS.

B. THIS WEB SITE AND THE FORUMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT TELUS MOBILITY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS OF THE FORUMS AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH MEMBER.

D. IN NO EVENT WILLTELUS MOBILITY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEB SITE.

F. TELUS MOBILITY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, MEMBER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

G. MEMBER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL TELUS MOBILITY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF

(i) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR
(ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.

INDEMNIFICATION

Member agrees to indemnify and hold TELUS Mobility, its parent, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Member's use of this Web site or from Member's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and Member's use of this Web site.

LINKS TO THIRD-PARTY SITES

This Web site contains hyperlinks to other Web sites operated by parties other than TELUS Mobility, and other resources and advertisers. Such hyperlinks are provided for Member's reference only. TELUS MOBILITY is not responsible for the availability of these external sites, nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. TELUS Mobility's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Under no circumstances shall TELUS MOBILITY be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

COPYRIGHT AND LIMITATIONS ON USE

The information available through this Web site is the property of TELUS MOBILITY or its licensors and is protected by copyright and other applicable laws, treaties, and conventions. All rights reserved. Member agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Web site to anyone, including but not limited to others in the same company or organization, without the express prior written consent of TELUS Mobility.

Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of TELUS MOBILITYor its clients. The mark "TELUS Mobility" and the contents of this Web site are the sole property of TELUS , Inc. Reproduction in whole or in part is strictly prohibited without explicit written permission from TELUS Mobility.

TRADEMARKS

The TELUS MOBILITY "T", TELUS Mobility Design, Mike, Pay & Talk, "The Future Is Friendly," and partners.telusmobility.com are servicemarks or trademarks of TELUS, Inc. and may not be used without express written permission.

MODIFICATION OF THESE TERMS AND CONDITIONS

TELUS MOBILITY shall have the right at any time to impose, change, or modify the terms and conditions applicable to Member's use of this Web site, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access or use, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Web site a revised version of this Agreement. If any such change is unacceptable to Member, Member may terminate his or her membership account. Any use of this Web site by Member after such notice (other than to terminate Member's subscription pursuant to the section below) shall conclusively be deemed to constitute acceptance by Member of such changes, modifications, additions, or deletions. Member agrees to review the terms and conditions periodically to be aware of such revisions. Member may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services.

TERMINATION

Either TELUS MOBILITYor Member may terminate this Agreement at any time. Member's only right with respect to any dissatisfaction with
(i) any terms and conditions of this Agreement, or any policy or practice of TELUS MOBILITY in operating this Web site,
(ii) content available through this Web site or any change therein, is to terminate this Agreement by sending a written notice via email to [email protected].

Member's notice of termination will be effective upon receipt by TELUS Mobility. TELUS MOBILITY has no obligation to provide Member with notice of termination.

The terms of the sections of this Agreement entitled Copyright and Limitations on Use, Disclaimers of Warranties and Limitations of Liability, and Indemnification, shall remain in effect after this Agreement has terminated by TELUS MOBILITYor by Member.

EQUIPMENT

Each Member shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Web site, and Member shall be responsible for all charges related thereto.

PRIVACY

Personal data provided by Member to TELUS MOBILITY will be used only in connection with services provided on this Web site and will not be given to others. While TELUS MOBILITY will seek to require third-party content providers and other parties to adhere to TELUS Mobility's privacy policies, TELUS MOBILITY does not bear any responsibility for any actions or policies of such third parties. Member should be aware that when Member voluntarily discloses personal information (e.g., username, email address), that information can be collected and used by others and may result in unsolicited messages from other parties.

MISCELLANEOUS

This Agreement and any operating rules for this Web site established by TELUS MOBILITY onstitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.