The Motorola Store

LAST UPDATED:  June 12, 2009

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. 

eSales Canada Inc., its affiliates and their successors and assigns (collectively referred to as "eSales") make this web site (the "Site") available to you subject to this Terms of Use. 

For the purposes of this Terms of Use, the word "you" means the individual accessing the Site, and, if applicable, includes any other legal entity on behalf of which an individual is accessing the Site.  Additionally, you agree not to access the Site on behalf of any other legal entity unless you have the authority to bind that legal entity to this Terms of Use. 

ACCEPTANCE OF TERMS:

By using the Site you agree, without limitation or qualification, to be bound by and to comply with this Terms of Use.  If you do not agree, without limitation or qualification, to be bound by and to comply with this Terms of Use, discontinue using the Site.

Please note, certain services and activities available through the Site may require you to agree to further terms and conditions. 

You represent and warrant that: (i) you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside; and (ii) your use of the Site will not violate any applicable law or regulation in the province, state, territory or country in which you reside. 

If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not use the Site unless your parent or guardian enters into this Terms of Use on your behalf and consents to your use of the Site.  eSales encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES:

When signing up to access certain features of the Site or participate in certain activities run via the Site, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it true and current. 

If you are given a username and/or a password for the purpose of accessing certain features of the Site or participating in certain activities run via the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that that password is kept confidential.  If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform eSales immediately. 

eSales may, at any time, change any username or password assigned by eSales to you, and eSales will notify you when it does so. 

If eSales believes that you have breached this Terms of Use, eSales reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site and terminate any licenses granted to you pursuant to this Terms of Use without prior notice and without liability. 

USE OF THE SITE:

You may use the Site for your own personal, non-commercial use or for purchasing products from eSales.  Although, the "Terms of Sale" shall govern the purchase of any product.

You will not:

• seek to gain access to any portions of the Site you are not authorized by eSales to access;
• use the Site to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity including but not limited to eSales;
• when posting any materials to the Site, forge headers or otherwise manipulate other identifiers in order to create the impression that another person posted the materials;
• use the Site to either directly or indirectly interfere with, disrupt or damage the Site, the server(s) on which it hosted, the networks connected to them or any other user's access to the Site;
• adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of:  (i) the Site; (ii) any software or technology used in connection with the Site; or (iii) downloaded from the Site;
• violate any applicable local, provincial, state, national or international law or regulation; or
• collect or store personally identifying information about other users of the Site for any purposes unrelated to the Site or that are illegal or unlawful.

PRIVACY:

Please note that although eSales controls the Site from within Canada, the Site is hosted in the United States.

You have read the Privacy Policy and consent to the use of your personal information as described therein. 

Subject to the Privacy Policy, eSales reserves the right to access, use, disclose and destroy all registration data or other data relating to how users and registered users use the Site and General Content.

eSales reserves the right to communicate with you regarding your use of the Site or any products purchased through the Site.  You consent to eSales' use of any contact information that you provide to eSales in doing so.  The content included in any such communication is deemed to be General Content made available on the Site by eSales.

SECURITY:

Although eSales has enacted certain safeguards to protect personal information being transmitted to or from the Site in connection with any purchase, eSales does not guarantee the security of any such information transmitted to or from the Site. Before using or relying on any means of transmitting your personal information to eSales, you should take reasonable steps to verify that the manner of transmission provides an adequate degree of protection: you are using it at your own risk. 

CONTENT:

"General Content" means all information, links, emails, postings, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials accessible on or via the Site. 

General Content is the sole responsibility of the person from whom such General Content originated.  eSales will use reasonable efforts to verify the accuracy of any General Content that eSales posts to the Site, but eSales does not guarantee the accuracy, integrity or quality of the General Content that eSales posts to the Site, and eSales does not guarantee the accuracy, integrity or quality of any General Content that eSales did not post.  Before using or relying on any General Content, you should take reasonable steps to verify its accuracy, completeness or usefulness: you are using it at your own risk.  Additionally, you, and not eSales, are fully responsible for all General Content that you make accessible on or via the Site.  You represent, warrant and covenant that you have now and that you will continue to have all necessary rights and authority to grant any licenses in or to such General Content and that such General Content will not infringe any proprietary right of any third party. 

You may make or retain a single electronic copy of the General Content or any portion thereof and a single printed copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the screens are not removed from the printed copies of the screens.  You may not make any other copies of the General Content or use the General Content for any other purpose.  You may not modify, publish, display, transmit, adapt or in any way exploit any item of General Content that you did not contribute, without the express prior permission of the eSales and, if the item of General Content was not posted to the Site by eSales, the contributor of that item.  Otherwise, all rights in and to any item of General Content are reserved by the contributor of that item.

You agree not to use any crawler, spider, bot or other program to extract (in whole or in part) any General Content accessible on or via the Site. 

You agree not to link to any page forming part of the Site other than the home page without eSales' prior written approval.

SUBMITTING CONTENT:

By submitting or sending General Content to eSales or otherwise making General Content available for display on or through the Site, you grant eSales the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such General Content (in whole or part) and to incorporate it in other works in each case irrespective of the form, media, or technology used.  You also warrant that any "moral rights" in posted materials have been waived and that eSales, its successor and assigns may rely on those waivers. 

You agree that you will not use the Site to upload, post, email, otherwise transmit or post links to any General Content that:

• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy or publicity rights, hateful (racially, sexually, ethnically or otherwise) or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
• contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
• you are prohibited from disclosing to the public under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
• infringes or contributes to the infringement of any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country, including, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trademarks, service marks, trade names, logos, brand names and other identifiers, trade secrets of any party.

You should maintain a back-up copy of any General Content that you make available through the Site.  In any event, eSales will not provide a copy of that General Content to you.  Additionally, eSales is not responsible for General Content that is lost or destroyed for any reason. 

SCREENING AND MONITORING CONTENT:

eSales may but is not obliged to review General Content.  Even if eSales does so, the review may not be to your satisfaction.  You acknowledge this and the consequence that follows from it:  content accessible on or via the Site may include materials that are offensive or otherwise objectionable to you. 

eSales is not obliged but reserves the right to monitor some, all, or no areas of the Site from time to time:  (i) to verify adherence to this Terms of Use or any other rules, codes of conduct or guidelines posted by eSales in relation to the Site; or (ii) as required by law. 

eSales reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any General Content that is available via or on the Site at any time, without notice and without liability. 

LINKS TO THIRD PARTY WEB SITES:

eSales may provide via the Site, or third parties may provide via the Site, links to resources not forming part of the Site.  eSales has no control over such resources.  You acknowledge and agree that eSales is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such resources.  You further acknowledge and agree that eSales will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties accessible on or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that eSales will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

WARRANTIES:

THE SITE, GENERAL SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE PRECEDING SENTENCE, eSales SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE OR OTHERWISE ARISING FROM THIS TERMS OF USE INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE GENERAL CONTENT; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the preceding paragraph, eSales does not warrant that the Site or any General Content:

• will be available at all times;
• will operate without errors;
• will be accessible regardless of the hardware or software that you wish to employ to access it;
• is absolutely secure, notwithstanding eSales' use of commercially reasonable efforts to secure it; or
• is free from viruses or other harmful code, notwithstanding eSales' use of commercially reasonable efforts to identify and eliminate such code.

All exclusions of responsibility or liability set out in this Terms of Use are made to the fullest extent permitted by law.  Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last.  If any jurisdiction having applicability to this Terms of Use does not permit any such exclusion or limitation, eSales' total liability to you in connection with any breach of such a warranty will be subject to the following section entitled "LIMITATION OF LIABILITY".

LIMITATION OF LIABILITY:

IN NO EVENT WILL eSales, ITS REPRESENTATIVES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE, ANY GENERAL CONTENT OR THIS TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS DATA, EVEN IF eSales HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.

IN NO EVENT WILL eSales BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.

WITHOUT LIMITING SECTIONS THE PRECEDING TWO PARAGRAPHS, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF eSales (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, ANY GENERAL CONTENT OR THIS TERMS OF USE, WILL NOT EXCEED $100.00.

The limitations set out in the preceding three paragraphs will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or this Terms of Use.

Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to this Terms of Use does not permit any such exclusion or limitation, eSales' total liability to you in connection with any incidental, special or consequential damages will be limited by the third paragraph of this section.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may arising from or relating to the Site, any General Content or this Terms of Use must be filed within one year after such claim or cause of action arises or be permanently barred.

INDEMNITY:

You agree to indemnify eSales (its representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to your use or misuse of the Site or any General Content, or from any person's use of any account or password you maintain in relation to the Site, regardless of whether such use is authorized by you, or from any breach by you of any of this Terms of Use, or any General Content that you post to the Site.

INTELLECTUAL PROPERTY INFRINGEMENT:

It is the policy of eSales to investigate and respond to claims of intellectual property infringement.

To the extent that any jurisdiction applicable to this Terms of Use has a notice and take-down scheme like the one set out in the United States' Digital Millennium Copyright Act, upon receipt of any notice alleging infringement that complies with such a scheme, eSales will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  eSales may attempt to contact the person who has posted such material in order to give that person an opportunity to respond to the notification, although eSales makes no promise to do so.  Any and all counter notifications submitted by that person will be furnished to the complaining party.  In all circumstances, eSales will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before eSales replaces or restores access to any material as a result of any counter notification.

Notices of claimed infringement should be directed to:

eSales Canada Inc.
Attention:  The President
1-1111 Davis Drive, Suite 102
Newmarket, Ontario  L3Y 9E5
Email:  info@esalescanada.com

Please put "Notice of Infringement" in the subject line of all such notifications and include in each such notice a reasonably detailed description of the materials alleged to be infringing and the proprietary rights alleged to be infringed.

"eSales" is a trademark of eSales Canada Inc.  All other marks that appear throughout the Site belong to eSales or the respective owners of such marks, and are protected by Canadian and international trade-mark and other laws.  Any use of any of the marks appearing throughout the Site without the express written consent of eSales or the owner of the mark, as appropriate, is strictly prohibited.

TERM AND TERMINATION:

This Terms of Use will continue in effect for as long as you use the Site, unless specifically terminated earlier by eSales or you.  You may terminate this Terms of Use by instructing eSales to disable any username or password for the Site assigned to.

Upon the termination or expiration of this Terms of Use, you will:  (i) stop using the Site and any General Content in your possession for any purpose; and (ii) destroy any General Content in your possession.

Those sections which by their nature should survive the termination or expiration of this Terms of Use will survive termination or expiration, including but not limited to:  the second paragraph of "SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES", "PRIVACY POLICY", "CONTENT" with the exception of the third paragraph, the first paragraph of "SUBMITTING CONTENT", "LINKS TO THIRD PARTY WEBSITES", "WARRANTIES", "LIMITATION OF LIABILITY", "INDEMNITY", "INTELLECTUAL PROPERTY INFRINGEMENT", "GENERAL TERMS AND CONDITIONS", this paragraph and the preceding paragraph.

GENERAL TERMS AND CONDITIONS:

This Terms of Use (and each document incorporated by reference in the Terms of Use) constitute the complete and exclusive agreement between you and eSales with respect to its subject matter, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter.

No term of the Terms of Use will be deemed to be waived by reason of any previous failure to enforce it. No term of the Terms of Use may be waived except in a writing signed by the party waiving enforcement. 

Should any provision of this Terms of Use be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties. 

eSales and you are independent contractors and this Terms of Use will not establish any relationship of partnership, joint venture, employment, franchise or agency between eSales and you. Neither eSales nor you will have the power to bind the other or incur obligations on the others behalf without the others prior written consent, except as otherwise expressly provided in this Terms of Use.

The Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions.  You agree to attorn to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Terms of Use.

eSales will not be liable for any failure or delay in its performance under the Terms of Use due to any cause beyond its reasonable control. 

eSales may assign this Terms of Use, in whole or in part, at any time with or without notice to you.  You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under this Terms of Use, either in whole or in part, without the prior written consent of eSales.

Any notice or other significant communication given to you pursuant to this Terms of Use will be in writing, addressed to any email address or address that you provided to eSales when registering (as updated by you in accordance with section entitled "SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES") and sent to you by email or by nationally recognized overnight courier as applicable.  Any notice or other significant communication given to eSales pursuant to this Terms of Use will be in writing and sent to eSales at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier.  Notices will be deemed to have been received one business days following: (i) email transmission by eSales to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used. 

The headings used in this Terms of Use are for convenience of reference only.  No provision of this Terms of Use will be interpreted against any party merely because that party or its legal representative drafted the provision.  All remedies are cumulative.  Throughout this Terms of Use, the term "including" or the phrases "e.g.," or "for example" have been used to mean "including, without limitation". 

VIOLATIONS OF THE TERMS OF USE:

Should you violate this Terms of Use or any other rights of eSales, eSales reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site.

If you are aware of any violations of this Terms of Use, please report them to:

eSales Canada Inc.
Attention:  The President
1-1111 Davis Drive, Suite 102
Newmarket, Ontario  L3Y 9E5
Email:  info@esalescanada.com

CHANGES TO THE TERMS OF USE:

eSales may change this Terms of Use from time to time and at any time.  When eSales changes this Terms of Use, eSales will:

• post the updated version of the Terms of Use on the Site together with the date on which it was revised; and
• on the log-in page for the Site for at least four weeks following any change to the Terms of Use post a notice that the Terms of Use has been updated.

As well, eSales may, but is not obliged to, ask you to actively confirm your consent to the revised Terms of Use.  If eSales does not do so, but you continue to use the Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms of Use.  If you do not agree with the revised Terms of Use without qualification, do NOT log in, discontinue using the Site and instruct eSales to disable any password for the Site assigned to you.

eSales reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.