a. Exclusion of Liability. To the fullest extent permitted by applicable law, neither TELUS nor its affiliates, nor their respective directors, officers, employees, or agents (collectively, the "TELUS Entities") shall be liable to you or any other party for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever arising directly or indirectly from your use of the Services, regardless of the cause of action, including negligence, and even if one or more of the TELUS Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses. If for any reason a TELUS Entity becomes liable to you or a third party arising out of or in any way connected with the Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the TELUS Entities to you or such third party is limited to the greater of $20 and the fees paid by you to TELUS for the particular Services giving rise to the claim, in the three months immediately preceding the last occurrence of the damages or losses.
Without limiting the generality of the foregoing, TELUS is not liable for (i) the consequences of natural catastrophes such as earthquakes, flooding, severe wind, ice or fire storms, landslides, lightning strikes or tidal waves, (ii) the actions of third parties which TELUS cannot reasonably foresee or control, such as war, terrorism, civil insurrection, government decree, failure of the public power grid, labour disturbance by TELUS’ own employees or by the employees of another enterprise, or the unlawful acts of suppliers, (iii) any act or omission of a telecommunications carrier whose network facilities are used in establishing connections to points which TELUS does not directly serve, (iv) defamation or copyright infringement arising from material transmitted or received over TELUS’ network facilities, or (v) infringement of patents arising from combining or using your facilities or equipment with TELUS’ network facilities.
b. Acknowledgement re: DTH Equipment. YOU ACKNOWLEDGE AND AGREE THAT: (i) TELUS AND BELL TV, ARE NOT THE MANUFACTURER, DISTRIBUTOR, INSTALLER OR RETAILER OF YOUR DTH EQUIPMENT, AND THEREFORE HAVE NO LIABILITY WHATSOEVER FOR SUCH EQUIPMENT, INCLUDING IF THE SOFTWARE IN YOUR IRD OR AUTHORIZATION DEVICE BECOMES DISABLED OR MODIFIED DUE TO THE CIRCUMSTANCES OUTLINED IN SECTION 5(c) OR UPDATED OR UPGRADED AS OUTLINED IN SECTION 4. ANY RIGHTS AND REMEDIES WITH RESPECT TO THE DTH EQUIPMENT CAN BE FOUND IN THE LIMITED WARRANTY ACCOMPANYING THE DTH EQUIPMENT AND MUST BE HANDLED DIRECTLY IN ACCORDANCE THEREWITH; (ii) YOUR IRD AND AUTHORIZATION DEVICE CONTAINS SOFTWARE THAT IS UNDER LICENCE TO, OR OWNED BY, BELL TV. YOUR LICENCE TO USE THIS SOFTWARE IS LIMITED TO RECEIVING AND VIEWING PROGRAMMING ON THE TELUS SERVICE IS AUTHORIZED ONLY AND FOR NO OTHER PURPOSE. IF TELUS OR BELL TV HAS REASONABLE GROUNDS TO BELIEVE THAT YOU ARE RECEIVING UNAUTHORIZED PROGRAMMING, IN WHOLE OR IN PART, OR USING THE SOFTWARE FOR ANY OTHER UNAUTHORIZED PURPOSE, TELUS AND/OR BELL TV RESERVES THE RIGHT TO MODIFY OR DISABLE THE SOFTWARE IN YOUR IRD AND SMART CARD. WARNING: IF THE SOFTWARE IN YOUR IRD AND/OR SMART CARD IS DISABLED OR MODIFIED, YOUR RECEIVER MAY NOT FUNCTION PROPERLY. YOU MAY NOT MODIFY, TEST, REVERSE ENGINEER, DECOMPILE, TAMPER OR ACCESS THIS SOFTWARE FOR ANY REASON WHATSOEVER; (iii) TELUS AND/OR BELL TV RESERVES THE RIGHT, FROM TIME TO TIME TO UPDATE, REPLACE OR UPGRADE THE SOFTWARE IN YOUR IRD AND AUTHORIZATION DEVICE (BY SWAP, REPLACEMENT, RECALL OR OTHERWISE) TO ENSURE THAT IT AND YOUR DTH EQUIPMENT THAT YOU EITHER OWN OR ARE RENTING FROM TELUS WILL REMAIN COMPATIBLE WITH AND FUNCTION PROPERLY WITH ANY TECHNOLOGICAL ADVANCES OR IMPROVEMENTS MADE TO THE SERVICES. IN CERTAIN CIRCUMSTANCES, IT MAY BE NECESSARY TO MODIFY OR REMOVE SOME SOFTWARE FEATURES TO INTRODUCE NEW FEATURES AND TO ENSURE YOUR IRD AND AUTHORIZATION DEVICE REMAINS COMPATIBLE WITH SUCH TECHNOLOGICAL ADVANCES OR IMPROVEMENTS.
c. Programming availability. Programming channels may be suspended from time to time or cancelled permanently, and individual programs may be blacked out in your local viewing area, due to restrictions imposed by the providers of such Programming or the rights of Canadian Programming services. You agree that TELUS may at its discretion substitute alternative Programming to replace the suspended, cancelled or blacked out Programming. No rebates will be credited to your Account for any such Programming black-outs. Your sole remedy, available only where Programming channels have been permanently cancelled, is to cancel your subscription to the Programming package containing such channels, effective at the end of your current billing period.
d. Acceptable use. You may only use the Services at your premises for private home viewing at the residence you have provided as your service address. You may not redistribute or publicly display any portion of the Programming, or use the Programming for any commercial purpose. You may not attempt to circumvent any encryption technique or other copy protection method used to restrict access to the Programming. You may not directly or indirectly charge any person for the use of the Programming, or re-arrange, disconnect, remove, repair, or otherwise interfere with any TELUS facilities or equipment. You may not use the Services in any way that interferes with the ability of other customers to use services provided by TELUS fairly and proportionately, and TELUS may, at any time, limit the use of any Services in order to prevent such interference. TELUS may require you to change or disconnect any of the facilities or equipment at your premises providing access to the Programming if they interfere in any way with the Services or the operation of the facilities or equipment used by TELUS to deliver the Services. You also agree not to threaten, abuse or harass any TELUS customer representative.
e. Additional Rules for Pay Per View ("PPV") Programming. Unless otherwise indicated by TELUS at the time you place your order for PPV Programming, all sales of PPV Programming are final. If TELUS is unable to provide any PPV Programming that you have ordered, TELUS shall credit you the amount for that PPV Programming. TELUS shall have no other liability for cancelled events or failure to provide any PPV Programming. Certain PPV Programming may only be ordered if you also subscribe to other prerequisite channels on the TELUS Service. You shall indemnify and hold harmless TELUS from any claims, liabilities, losses or damages resulting from your use of PPV Programming in contravention of Section 7(d) or 7(e) of this Agreement. PPV Programming also includes season based sports PPV programming packages where a customer may have access to all or many games in a season of a professional sports league. Once you subscribe to a season based sports PPV programming package, your subscription is an ongoing one and will continue from season to season. To cancel, you must call 310-MYTV (6988) before the start of the next season since there are no refunds once a season has started.