1. Acceptance of Terms

Bell Aliant Regional Communication, Limited Partnership (“Bell Aliant”) provides the Bell Aliant Learning Center website and portal (the "Site") and its associated services (collectively the "Services") for your use subject to the following Terms and Conditions which may be updated or changed by Bell Aliant or Distribution Access, for some Services, without prior notice to you.  Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions as modified. For this reason, we encourage you to review these Terms and Conditions whenever you use the Site.
Every access to, or other use of, this Site or the Services, signifies your acceptance and agreement, without limitation or qualification, to be bound by these terms and conditions, including any modified terms and conditions which are posted on the Site (the “Terms and Conditions”) and any other rules or policies posted on the Site (collectively the "Agreement"). For greater clarity, any reference to the Site includes any link to a page generated by Bell Aliant and which is identified by the Bell Aliant brand.

THE SITE AND SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES OR OTHER ENTITIES LOCATED IN ATLANTIC CANADA WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. THE SITE MAY NOT BE USED BY PERSONS IN JURISDICTIONS WHERE ACCESS TO OR USE OF THE SITE OR ANY PART OF IT MAY BE ILLEGAL OR PROHIBITED. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOUR USE OF THE SITE IS LAWFUL, AND YOU MUST COMPLY WITH ALL APPLICABLE LOCAL LAWS.

As the Terms and Conditions may be updated or changed by Bell Aliant from time to time without notice to you, the most current version of the Terms and Conditions can be found at the terms & conditions section of the Site. You are responsible for checking back periodically to ensure that you are aware of the most current Terms and Conditions. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR ARE NOT AUTHORIZED OR DO NOT HAVE LEGAL STANDING TO AGREE TO AND ACCEPT THIS AGREEMENT, YOU MAY NOT USE THE SITE.

Distribution Access, for some Services, and Bell Aliant reserves the right, in its sole discretion, to limit your use of the Site in the event that Distribution Access or Bell Aliant, in its sole discretion, deems such use of the Site to be inconsistent with noncommercial, educational purposes and/or inconsistent with the Terms and Conditions. 

2. Payment

Payment for access to the Site and the Services at the Site are to be paid by a monthly recurring access fee.  Such fee is subject to change upon general notice by Bell Aliant.  .  You will prepay for at least one month prior to gaining access to the Site.  A minimum of one month’s fees are required to pre-pay, notwithstanding that you may cancel your subscription prior to the expiry of the month.  Payment terms may differ depending on the applications of the Site which you wish to use.  Such applicable payment terms will apply for each application.  Bell Aliant hereby informs, and you acknowledge and agree that some of your information, required for billing purposes, will be shared with Bell Aliant’s third party partners, including Distribution Access, but use shall be limited strictly for billing purposes.

3. Privacy

Bell Aliant's Privacy Policy can be found at http://www.bellaliant.net.  Bell Aliant may change this policy from time to time. The most current version of the Bell Aliant Privacy Policy, including all updates and changes, will be posted on that site.

4. Registration

The Services may allow you to register in order to access personalized content, e-mail, or other such content. You agree to provide accurate and complete information in the registration as prompted by the registration form and to update your information to ensure that it remains accurate at all times.

5. Your Obligations

You agree that while visiting the Site and/or using any of the Services, you will not:

1. post, transmit, link to, or otherwise distribute information or software constituting or encouraging conduct which would constitute a criminal offence or give rise to a civil liability;
2. use the Site or Services in a manner which is contrary to law;
3. use the Site or Services in a manner which would restrict or inhibit any other user from using the Site or Services;
4. post, transmit, link to, upload, or otherwise distribute information or software which contains, is likely to contain, or which you reasonably believe may contain, a virus, worm, trojan horse, or other item likely to be harmful or disruptive to the Site, the Services, or the use of the Site or Services by any other person;
5. post, transmit, link to, upload, or otherwise distribute information or software which is protected by copyright or any other intellectual property right without the prior permission of the right owner;
6. reproduce, transmit, publish, or distribute in any way any information or software obtained through your use of the Site or the Services without obtaining the prior permission of the owner of any copyright or other intellectual property right.

Confidentiality - In consideration of your use of the Site and any Services provided by Bell Aliant or Distribution Access, for some Services, in connection therewith (hereafter, the "Service"), you agree to: keep your user name and password confidential. Subscriber is responsible for maintaining the security and confidentiality of all log-In information, including user name and password information.

For the Material provided to schools under the Video Download option, you may download, solely in connection with noncommercial educational use, copies of the Material designated on the Site as "Downloadable." Copies of downloaded Material must be deleted or erased after use or expiration of the Term, whichever occurs first. Any and all downloading shall be for your convenience only, and you may not (i) systematically download any of the Material; (ii) create distribution libraries from the Material; or (iii) sell, rent, display, exhibit or otherwise transfer any of the Material to any third party outside of the your classroom. 

In the course of using any Material as permitted hereunder, you may not make the Material, or any part thereof, available to any party who is not a subscriber, except as permitted herein. You must ensure that the Material is at all times kept on a secure server, viewable only by subscribers. If you wish to use a third party to host the Material, Distribution Access or Bell Aliant must pre-approve the use of such proposed host in writing prior to use of the proposed host. Distribution Access and Bell Aliant shall have the right to approve the terms of the proposed agreement between the proposed host and you. Except as expressly set forth herein, you may not (i) copy, modify, transmit, perform, create derivative works of, publish, sub-license, or otherwise share the Site, the Material, or any portion thereof; (ii) disassemble, reverse engineer or decompile the Site or any portion thereof; (iii) use any "deep-link", "page-scrape", "robot", "spider," "offline readers," or any equivalent manual process, to access or monitor any portion of the Site; (iv) collect any personally identifiable information, including user names or passwords, from the Site; (v) take any actions that may circumvent, disable or damage the Site's security; (vi) use the Material in a manner that disparages the Site, Distribution Access, Bell Aliant or the Material; or (vii) use the Material or Site in any manner that Distribution Access or Bell Aliant may, in its sole and exclusive discretion, deem inappropriate. 

6. Accuracy & Monitoring

Bell Aliant employs its reasonable efforts to provide current and accurate information on the Site but the Site will from time to time contain errors or inaccuracies.  Bell Aliant makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Site, in particular any information regarding deals or other promotions for the Service.  Bell Aliant cannot guarantee that Services provided through the Site will be available on any terms and conditions (including price) described on or through the Site at any time.

Bell Aliant may, but is not obligated to, monitor the Site, the Services, or any content or other use of the Site or Services from time to time. You acknowledge and agree that Bell Aliant is not obligated to perform any monitoring. You also agree that Bell Aliant has the right to monitor at its sole discretion without any prior notice to you and to disclose information as necessary in order to operate the Site or the Services, to protect the privacy of Bell Aliant or any other user or third party, or to comply with any legislation, regulation, or request from a governmental authority, including a law enforcement agency.

7. User & Third Party Content

Bell Aliant accepts no responsibility or liability for content posted on the Site by you, another customer, or any third party.  Bell Aliant reserves the right to, but is not obligated to, remove any information, transmission, or other material, in its entirety or in part, if Bell Aliant, in its sole discretion, determines that such material is unacceptable or is in violation of these Terms and Conditions or any other Bell Aliant policy including the Bell Aliant Acceptable Use Policy.

Bell Aliant provides links to other websites for your convenience. Bell Aliant does not review the content or security of any such site. It is your responsibility to review any content or any material however made available to you and you accept full responsibility for any risk associated with the use of or reliance on any content or other material.

As a result of your use of the Site or the Services, you may access or otherwise become exposed to material or information which you consider to be unacceptable, inaccurate, or objectionable. You agree that Bell Aliant is not liable for any loss or damage, direct or indirect, which may be suffered by you or any other person as a result of your access to, use of, or exposure to, any such material or information even if Bell Aliant was made aware of the possibility of such damage.

You expressly agree that any dealing you may have with an advertiser or other third party, even if accessed through your use of the Site or the Services, is strictly business between you and that advertiser or third party. You agree that  Bell Aliant shall not be liable for any loss or damage you suffer as a result of any such dealing or as a result of the presence or absence of any such advertiser.

You hereby grant Bell Aliant a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from, any and all content (in any format or media) you post on, or otherwise submit to, the Site ("Submission"), including any messages on Bell Aliant forums or discussion groups. You agree that Bell Aliant may preserve and disclose any Submission or other information associated with you or your account where required to do so by law or where such preservation or disclosure is reasonably believed by Bell Aliant to be necessary to ensure compliance with the law, enforce the Agreement or protect the rights and interests of Bell Aliant.

Public Performance Rights (PPR)

Under The Copyright Act of Canada, any viewing or exhibition of a video in a public place (schools and libraries are considered public places) must have Public Performance Rights. PPR rights are not required to view the video programs at home.

All video programs in the Aliant Learning Centre have Public Performance Rights.

It is legal to play all of the videos in the Aliant Leaning Centre if the following criteria are met.

1. The viewing must take place on the premises of the educational institution or library.
2. Be for educational or training purposes.
3. Must not be for profit.
4. Must take place before an audience consisting primarily of students of the educational institution, instructors acting under its authority or any persons who are directly responsible for setting curriculum.
5. No device is activated to copy the program on any external media.

8. Proprietary Content & Copyright

The Site and the images, audio files and video files on the Site ("Material") are owned or licensed by Bell Aliant or its third party providers, including without limitation, Distribution Access, and are protected by Canada and international copyright, trademark and other intellectual property laws. You do not gain any type of ownership interest in the Site or the Material by using the Site or the Material. 

Bell Aliant, and applicable third parties, hold all right, title, and interest in and to the Site and associated content available on or through the Site, including without limitation any necessary software, all information in text, graphical, video and audio formats, images, icons, designs, software, applications ("Content"), or other intellectual property used in making the Site and/or the Services available to you. You acknowledge that the Content is protected by Canadian and international copyright, patent, trademark, and other applicable intellectual property laws. You may print or download the pages of the Site solely for your lawful and personal use provided that you do not modify any of the Site pages or other Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Notwithstanding the foregoing, your use of the Site does not grant or transfer to you any ownership or other rights in the Site or any Content, and except as expressly provided, nothing herein or within the Site or any of the Services shall be construed as conferring to you or any other person any license under any of Bell Aliant's or any third party's intellectual property rights (whether by estoppel, implication, waiver, or otherwise), including without limitation any right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the Content in any manner.  You agree that you will not, and will not allow or encourage any third party to, copy, create a derivative work, modify, reverse engineer, or otherwise try to discover any source code. You agree not to modify the Site or the Services in any way or to use any version modified by any third party

All information and content contained on, or made available over, the Site are subject to copyright protection: © Copyright 2008  Bell Aliant Regional Communications, Limited Partnership. Information on the Site may be subject to copyright. Unless otherwise expressly stated, you may not copy, reproduce, frame, or otherwise redistribute the content except as provided in this Agreement or with the prior written consent of the copyright owner. The use of images found on the Site is also expressly prohibited without the prior written consent of the owner of the image unless specifically permitted in these Terms and Conditions.

The contents of the Video Download application of the Site are owned and operated by Distribution Access, a division of 7215088 Canada Inc. (Distribution Access). Unless otherwise indicated, the content, format and imagery of the Site and the content are copyrighted under the laws of the Canada by Distribution Access, and are protected by worldwide copyright laws and treaty provisions. Unauthorized duplication is a violation of law. The content, format and imagery of the Site may not be copied, published, broadcast, distributed, reproduced or transmitted in any way. You may not use the Site or any materials on the Site in any commercial or for-profit manner. 

For purposes of this Agreement, the use of any materials from the Site on any other website or computer environment is prohibited without the express written consent of Bell Aliant, or Distribution Access for some Services.  For the purpose of the Terms of Use the term "Subscriber" shall apply to those users of the Site who are registered subscribers that have a valid user name and password for accessing the material on the Site. 

9. Warranties

DISTRIBUTION ACCESS, FOR SOME SERVICES, AND BELL ALIANT MAKE, AND THE SITE INCLUDES, NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO DISTRIBUTION ACCESS, BELL ALIANT OR THE CONTENTS OF THE SITE, INCLUDING THE MATERIAL, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." DISTRIBUTION ACCESS, BELL ALIANT AND THE SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO DISTRIBUTION ACCESS, BELL ALIANT AND THE SITE AND ANY WEB SITE WITH WHICH IT IS LINKED OR CONTENT PROVIDED BY SUPPLIERS TO THE SITE.  DISTRIBUTION ACCESS AND BELL ALIANT NOTIFIES YOU THAT MUCH OF THE CONTENT OF THE SITE IS SUPPLIED BY THIRD PARTY SUPPLIERS WHO ARE ULTIMATELY RESPONSIBLE FOR THE CONTENT SUPPLIED BY THEM. DISTRIBUTION ACCESS AND BELL ALIANT DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT DISTRIBUTION ACCESS, BELL ALIANT OR THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. DISTRIBUTION ACCESS AND  BELL ALIANT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DISTRIBUTION ACCESS, BELL ALIANT OR THE SITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  Without limiting the generality of the foregoing, Bell Aliant specifically does not warrant, represent or guarantee that i) the Site or the Services will be uninterrupted or error free, or will perform in any particular manner.; ii) any specific level of security of the Site or the Services; and iii) that any material transmitted over the internet is secure and free from interception.

BELL ALIANT DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE SITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BELL ALIANT OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF BELL ALIANT’S OBLIGATIONS HEREUNDER AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL BELL ALIANT BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.  THE SITE AND SERVICES ARE PROVIDED FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE SITE AND SERVICES ARE NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING ANY MATTERS ADDRESSED, AND SHOULD NOT BE USED OR CONSTRUED AS AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF, ANY PRODUCT OR SERVICE. YOU SHOULD APPLY YOUR OWN JUDGMENT IN MAKING USE OF ANY SERVICES OR CONTENT PROVIDED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE USE OF ANY INFORMATION CONTAINED THEREIN AS THE BASIS FOR ANY CONCLUSIONS. YOU BEAR RESPONSIBILITY FOR YOUR OWN RESEARCH AND DECISIONS REGARDING THE CONTENT PROVIDED. BELL ALIANT DOES NOT PROVIDE OR GUARANTEE ANY ADVICE REGARDING THE SUITABILITY OR POTENTIAL VALUE OF ANY PARTICULAR CONTENT.

FURTHER, THROUGH YOUR USE OF THE SITE AND SERVICES, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. BELL ALIANT IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DISTRIBUTION ACCESS, FOR SOME SERVICES, AND BELL ALIANT OR THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, AND THE LIKE) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF DISTRIBUTION ACCESS, BELL ALIANT OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL DISTRIBUTION ACCESS OR BELL ALIANT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.  UNDER NO CIRCUMSTANCES SHALL DISTRIBUTION ACCESS OR BELL ALIANT BE RESPONSIBLE FOR ANY DAMAGES RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION, DESTRUCTION, OR ALTERATION OF A USER OR SUPPLIER'S SYSTEM (INCLUDING FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS). 

11. Indemnity

You agree to indemnify and hold harmless Bell Aliant, its affiliates, officers, directors, agents, employees, licensors, licensees and shareholders, under any legal theory, tort, contract, or otherwise, from any and all claims and expenses (including solicitor client legal fees), and for any direct, indirect, incidental, exemplary, special or consequential damages in any way related to the Site or the Services, you use of the Site or the Services, or any other products or services provided by or to you, or the use of any of the foregoing, including but not limited to, damages resulting from the use or loss of use of any service, termination of your Service, loss of data resulting from delays, service interruptions, loss of goodwill, work-stoppage, computer failure or malfunction, lost profits, lost revenues or any and all other commercial damages or losses, or for any other damages, even if Bell Aliant has been informed of the possibility of such damages by you or any third party. No apportionment or reduction of the amount of indemnification payable to Bell Aliant shall be made for contributory negligence on behalf of Bell Aliant, it being understood that Bell Aliant is entitled to full indemnity for any damages of any kind which arise from your acts or omissions. For greater clarity, this indemnity shall be applicable as against any act or omission of yours or of any user of your account.

You understand and agree that the Site and the Material possess a unique character that makes it difficult to assess the monetary damages that would be sustained as a result of unauthorized use of the Site or Material. You understand and agree that unauthorized use may cause immediate and irreparable damage to Distribution Access, for some Services, or Bell Aliant for which Distribution Access or Bell Aliant would not have an adequate remedy at law. Therefore, Subscriber agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies that may be available to Distribution Access or Bell Aliant, shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security. 

12. Modifications to the Site and the Services

Bell Aliant shall have the right to make such modifications and changes to the Site and the Services as Bell Aliant, in its sole discretion, shall determine from time to time. Bell Aliant shall have no obligation to inform you of any such modifications or changes.  The content of the Site, including but not limited to text, availability and descriptions may contain errors or inaccuracies, and may not be complete or current.   Bell Aliant and Distribution Access, for some Services, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.  Bell Aliant may discontinue the Site or the Services at any time without prior notice to you.  Bell Aliant shall not be liable for any loss or damage suffered by you or any other person as a result of any modification to or discontinuance of the Site or the Services.

13. No Resale

You agree that the Site and Services are provided for your personal use only and you will not resell the Site or Services or any portion thereof.

14. Trademarks

All trade-marks, trade-names, commercial symbols, designs, logos, or other identifying marks, promotional, advertising or other written materials displayed or otherwise available on the Site or the Services (collectively "Marks") should be considered as being proprietary information. You agree that you will not use any such Marks without the prior consent of the Mark owner.

15. Termination

You agree that Bell Aliant or Distribution Access, for some Services, may, for any reason, in its sole discretion, and without prior notice to you, change, suspend or discontinue, temporarily or permanently, any Service being provided to you including, but not limited to, access to the Site, any account being provided to you, and use of any Service or of the Site.   If this Agreement or your permission to use the Site is terminated by you or Bell Aliant or Distribution Access for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything connected with, relating to or arising from such use. Upon termination, you must destroy all materials obtained from Distribution Access or the Site and all copies thereof, whether made under this Agreement or otherwise.  If you are dissatisfied with the Website, any of the Services, or with this Agreement, including any terms, conditions, rules, policies, guidelines, or practices of Bell Aliant in operating the Site and the Services, your sole and exclusive remedy is to discontinue using the Site and the Services. The Disclaimers, Proprietary Content & Copyright, Limitation of Liability, and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

16. Territory, Governing Law & Compliance

Some Services on the Site are controlled and operated for Bell Aliant by Distribution Access from its office in Saint John, New Brunswick, Canada and usage of this Site and its content is geographically limited to customers in Atlantic Canada.  Bell Aliant makes no representation that the materials are appropriate or will be available for use in other locations.  You agree that your use of the Site and/or the Services will not violate any local, national, or international law or regulation.

This Agreement shall be construed and be enforced in accordance with the laws of the Province of Nova Scotia and the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Nova Scotia.

17. Miscellaneous

1. This Agreement, including any and all documents referenced and any subsequent modifications, constitutes the entire Agreement between you and Bell Aliant with regard to the use of the Site and/or the Services.
2. Bell Aliant's failure to insist on or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of that or any other provision of this Agreement.
3. You agree that Bell Aliant may assign all or any part of this Agreement to an affiliate without prior notice to you. The provisions of this Agreement shall enure to the benefit of, and be binding upon, Bell Aliant and its respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Bell Aliant.
4. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
5. You and Bell Aliant are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Site.