1. Limitation of Liability: In no event shall Mtl Telecom be liable to Customer or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Mtl Telecom’s liability for damages, regardless of the form of the action, shall not exceed the service charges paid by Customer for the Services, if any. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

2. Warranty Disclaimer:

a. The Services are provided “as is” and “as available” and Mtl Telecom makes no warranties, express or implied, including but not limited to the implied warranties of merchant ability and fitness for a particular purpose and any similar warranty whether said warranty arises under provisions of any law of the United States, Canada or any state or province thereof. Mtl Telecom makes no representations or warranties that the services are free of rightful claims of any third party for infringement of proprietary rights.

Callback Agreement Customer

The entire risk associated with the use of Callback shall be borne solely by Customer.

b. Mtl Telecom makes no warranty that the Services will meet Customer’s requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected.

3. Indemnification: Customer shall indemnify and hold harmless Mtl Telecom, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from any negligent acts, omissions or willful misconduct by Customer, Customer’s use of Callback and any breach of the terms and conditions of this Agreement by Customer including any violation of this agreement by Customer or any other person using Customers account including but not limited to any violation of any federal, state or provincial laws or regulations.

4. Terms of Service: Customer will not allow the use of Callback for illegal purposes. Individual users may be terminated, or the service may be suspended or discontinued if Mtl Telecom identify or are notified of use for illegal purposes.

5. Termination: COMPANY reserves the right to, in its sole discretion, suspend or discontinue your access to all or part of this site or the SERVICE, with or without notice. COMPANY will not be liable to END USER or any third party for termination of the SERVICE.

6. Payment: All paid services new or recurring are prepaid. Your initial use of the SERVICE authorizes us to charge the credit card account number on file with our company, including any changed information given if the card expires or is replaced, or if END USER substitute a different card, for recurring charges. This authorization will remain valid until 30 days after receives your written notice terminating authority to charge your credit card.

7. Late/Non-payment: COMPANY may terminate your SERVICE at any time in its sole discretion, if any charge to your credit card on file with us is declined or reversed, your credit card expires and you have not provided us with a valid replacement credit card or in case of any other non-payment of account charges .

8. Governing Law: All suits and proceedings under this Agreement, be construed in accordance with and governed by, to the exclusion of the law of any other forum, the laws of the Province of Quebec

9. Entire Agreement: This letter will constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

10. General Terms: The parties acknowledge that they have required this agreement and all related documents to be prepared in English. LES PARTIES RECONNAISSENT AVOIR EXIGE QUE LA PRESENTE CONVENTION ET TOUS LES DOCUMENTS CONNEXES SOIENT REDIGES EN ANGLAIS