Terms & Conditions for Sirius Canada Customers

Below are the Terms and Conditions for Sirius Canada Subscribers. If you are an XM Canada subscriber here are the Terms applicable to your subscription.

Thank you for choosing SIRIUS Canada Inc. (“SIRIUS”). These are the terms and conditions (the “Terms”) that apply to your paid, trial or other subscription in Canada (“Subscription”) to the SIRIUS Satellite Radio service (“Satellite Radio”) and/or SIRIUS Internet Radio (“Internet Radio”) and any other programming or data service (collectively the “Service”) and/or any Equipment Technology (as defined below). Services will be provided to you for the period agreed to by you and will continue to renew for additional terms of the same length on the same billing terms until cancelled, terminated or discontinued by you or by us. Please keep this copy of the Terms for your records.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR OUR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. DO NOT USE OUR WEBSITE OR SERVICE IF YOU DO NOT AGREE WITH THESE TERMS. SIRIUS PROVIDES YOU WITH, AND YOU AGREE YOU HAVE RECEIVED, AN EXPRESS OPPORTUNITY TO ACCEPT AND DECLINE THESE TERMS AND CONDITIONS AND TO CORRECT ERRORS BEFORE YOU ENTER INTO AN AGREEMENT WITH SIRIUS FOR THE SERVICE. BY (A) CLICKING “I AGREE” OR SIMILAR ACCEPTANCE IF THIS AGREEMENT IS PRESENTED ELECTRONICALLY, (B) OTHERWISE REGISTERING YOUR CONSENT WITH US (SUCH AS VIA A CLIENT CARE REPRESENTATIVE OR INTERACTIVE VOICE RESPONSE SYSTEM) OR (C) ACTIVATING THE SERVICE, YOU AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING THE LIMITS ON OUR LIABILITY AND AGREE TO CAUSE ALL PERSONS WHO USE THE SERVICES OR RECEIVER UNDER YOUR ACCOUNT TO COMPLY WITH THIS AGREEMENT.

1. CONTACT INFORMATION

You may contact SIRIUS Customer Care by (a) calling 1-888-539-7474, or (b) writing to: SIRIUS Canada Inc., 95 Union Street, Glace Bay, NS, B1A 9Z9, Attention: Customer Care or (c) sending an email to customercare@siriuscanada.ca.

2. CHANGES IN TERMS AND SERVICE

a) Changes to Terms.

These Terms (including any rates and charges) may be changed unilaterally by SIRIUS from time to time on at least thirty (30) days’ notice to you, and such changes shall become effective once you use the Service after such thirty (30) day period (which use shall be deemed conclusively to indicate acceptance of such changes).

If we make any changes, we will either post a notice on our website that these Terms have changed and the effective date of such change, provide you a notice describing such changes and their effective date, or we will send you an entirely new set of Terms to replace these Terms. YOU ALWAYS HAVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION AT ANY TIME IF THE TERMS ARE NOT ACCEPTABLE TO YOU.

b) Changes to Programming.

The Service consists of a wide variety of music, sports, news, talk, children’s and other entertainment programming. Many different and changing considerations affect the availability, cost and quality of programming and customer demand. Accordingly, we reserve the unrestricted right to change, rearrange, add, or delete programming, including canceling, moving or adding particular channels, at any time, with or without notice to you.

c) Special Offers.

We may from time to time make available special offers which supplement or modify the terms and conditions set forth in these Terms. Details of such special offers, including eligibility requirements for participation, will be made available separately. If there is any conflict between these Terms and the terms of such offers, the terms of such offers shall govern. Only offers made or expressly authorized by SIRIUS can alter the terms and conditions set forth in these Terms.

3. PAYMENT FOR SERVICE

In return for receiving the Service, you agree to pay us as follows:

a) Subscription Fee.

All Subscription fees are payable in advance at the rates in effect at the time of payment, for any Service ordered for use with your Receiver (including Service ordered by your children or other family members or drivers of your vehicle), with or without your permission, through all periods until your Service is cancelled. You must pay the full monthly fee one month in advance for “pay as you go” Subscriptions. You will be responsible for all Subscription fees, other charges and fees and purchases under your account.

b) Payments.

You must pay all fees and taxes in Canadian dollars by credit card. The outstanding balance is due in full each payment period. We may, in our discretion, accept partial payments, which will be applied to the oldest outstanding charges on your account. If you wish to dispute any charge, you must contact us at Customer Care within 45 days after the due date of the payment in question: OTHERWISE YOU WAIVE YOUR RIGHT TO DISPUTE THE CHARGE. Undisputed portions of your account must be paid by the due date to avoid a late fee and possible deactivation of the Service.

c) Automatic Renewal.

Please refer to your statement for the term of your Subscription. Your Subscription will continue for the length of the initial term you select and at the end of your prepaid Subscription term, it will automatically renew for another prepaid period of the same length unless you choose to cancel prior to that renewal, or your Service is cancelled, terminated, or discontinued by you or by us, or you select a different Service plan. Your account will automatically be charged at the rates in effect at the time of renewal. We may, at our option, process your renewal on a month-to month basis instead of your chosen Subscription term.

d) Taxes.

You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the service address on your account.

e) Change of Address or Credit or Charge Card Information.

You must notify Customer Care promptly of any change in your name, billing address, service address, e-mail address, telephone number or credit or charge card information.

f) Promotional Offers.

Promotional offers may have different fees and may be non-refundable. From time to time, we may offer a Service on a multi-month commitment or promotional basis. In such event, you agree to make payments for Services to be received and that are ordered by you in accordance with the terms of the applicable billing plan and promotion that you agree to, including, without limitation, payments of any early termination fees if you terminate your Services prior to the end of a minimum commitment period.

g) Administrative Fees.

In order to minimize our monthly subscription fees, we may charge you one or more of the following fees, all of which are subject to change:

  1. Activation Fee: For each Receiver on your account, we may charge you a one-time fee of up to $40 to activate, reactivate, upgrade or modify your Service. The fee is payable with your first Subscription fee payment.
  2. Canadian Music Royalty Fee: As of March 1, 2010, new and renewing Satellite Radio Subscriptions which include music channels will be charged a Canadian Music Royalty Fee of 6% of the Subscription fee. For further details on how this fee is calculated see FAQs
  3. Cancellation Fee: You will be charged a cancellation fee of up to $75.00 if you cancel a one-year or longer Subscription (including a Lifetime Subscription) during the first year of service.
  4. Transfer Fee: If you wish to transfer your Subscription to a different Receiver during the term of any Subscription (including renewal terms and for Lifetime Subscriptions), we may charge you a transfer fee of up to $75.00. You may only transfer a Lifetime Subscription to a different Receiver a maximum of three times. No transfer fee will be charged for the transfer of a Lifetime Subscription Plan associated with a Receiver installed by an automaker or an automotive dealer if, in our sole discretion, the Receiver is defective.
  5. Administrative Late Fee: If we do not receive your payment for your next term of service by the billing due date, we may charge you an administrative late fee of up to $5.00 (plus applicable taxes) per month or partial month, subject to applicable law. We do not extend credit to customers for any Service and this fee is not an interest charge for Service received during any grace period. This fee is reasonably related to the actual expense we incur due to late payment and may be subject to limitations set forth by law in your province.
  6. Deposits: If you wish to reactivate your Subscription after a deactivation for non-payment, you must pay your account in full and we may require a deposit toward future service. Deposits will appear on your statement as credits, from which we will deduct our charges. Deposits will not earn interest.
  7. Account History: If you request a paper history itemizing past payments and changes on your account, we may charge you a fee of up to $10.00 to offset our costs.

h) Service Credits.

Service credits will not be refunded in cash, but will be honoured in the form of Services for the remaining length of the credit. Unused service credits will expire upon termination of your Subscription and may not be transferred to another person or Subscription. If you are cancelling a Subscription that requires payment of an early termination fee or is subject to any nonrefundable prepayments, you will be responsible for the payment of such fees. If you change an existing Subscription and keep the same Receiver, we must cancel your existing Subscription, we will charge you for the new Subscription, and you will receive a service credit for the unused prepaid portion of the old Subscription. The Subscription you give up may also be subject to a cancellation fee.

4. USE OF SERVICE

a) Eligibility.

You must be at least 18 years old (or the age of majority as determined by the laws of your province of residency) to assume the obligations set forth in these Terms. Minors may use the Service only if a parent or legal guardian assumes the obligations set forth in these Terms and thereby assumes full responsibility for the minor’s use of the Service.

b) Service Area.

We offer the Service solely in Canada. If your Service address is not in Canada, your Receiver (as defined below) will not be activated to receive the Service. We reserve the right to verify any address you provide, and to terminate your Service and keep any payments you have made to us, in the event you have provided an incorrect service address.

c) Personal Use of the Service.

We provide the Service only for your personal, non-commercial enjoyment. You may not make commercial use of, reproduce, rebroadcast, or otherwise transmit our programming, or record, charge admission for listening to or distribute play lists of our programming. Neither our Internet Radio Service nor any Recorded Content (defined below) is intended for commercial use. If you use any Service for commercial purposes, we reserve the right to charge you our commercial rate retroactively to the beginning of your Subscription. Notwithstanding the provisions of Section 10, we or any of our programming partners may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction, under the rules and regulations of the Canadian Radio-television and Telecommunications Commission (“CRTC”) and other applicable laws.

d) Recorded Content.

Certain types of our radios and Receivers have the ability to record programming transmitted over the Service (“Recorded Content”). Subject to your radio’s restrictions and applicable laws, you may access such Recorded Content only as long as you pay your monthly subscription fee. We reserve the right to change, reduce, eliminate or charge a fee for this and/or related functionality.

e) Lifetime Subscription Plan.

A “Lifetime Subscription” is one that continues for the life of the Receiver equipment. Amounts paid for Lifetime Subscriptions are nonrefundable after the first year of service. If you cancel during the first year of service you will be charged a cancellation fee.

f) Service Interruptions.

Service may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions and other things, many of which we cannot control. Service might also not be available in certain places (e.g., in tunnels, parking garages, or within or next to buildings) or near other technologies. Home, portable and office-based Receivers function best when the antenna is placed in or near a south-facing window with a clear view of the sky. Even if your antenna is near a south-facing window, certain window treatments could interfere with reception. We are not responsible for any noise and/or interruptions of the Service.

g) Safety.

In your use of the Service it is your responsibility to exercise prudent discretion and observe all safety measures required by law and your own common sense. All actions and judgments taken with respect to the Service are your sole responsibility. You assume the entire risk related to your use of the Service.

h) Parental Control.

Some programming may include explicit language. It is your responsibility to impose listening restrictions that you consider appropriate on your family members and guests as you feel appropriate. We are not responsible for content that you or anyone else may find inappropriate. Please contact Customer Care to discuss options for channel blocking.

i) Right to Transfer a Subscription.

A Lifetime Subscription is not transferable if it is associated with a Receiver installed by an automaker or an automotive dealer in a vehicle, except in the event the original Receiver associated with that Lifetime Subscription is stolen, accidentally damaged or if, in the sole discretion of SIRIUS it is defective. A Lifetime Subscription associated with a home, portable, or dock & play Receiver is transferable from one Receiver to another Receiver, up to a maximum of three (3) times. If you transfer a Lifetime Subscription from one Receiver to another or from one person to another, you will be charged a transfer fee. All other Satellite Radio Service Subscriptions (other than Lifetime Subscriptions) are transferable from one Receiver to another. Permitted transfers of Satellite Radio Service Subscriptions (including Lifetime Subscriptions) are subject to a transfer fee, as set forth herein.

j) Internet Radio.

You may listen to our Internet Radio Service on one single internet enabled device at one time. If you have multiple Subscriptions to the Service, you may be eligible to receive an additional Internet Radio online listening account (username/password) for each such Subscription. You have the obligation to protect your username and password from unauthorized use. To access Internet Radio your account must be in good standing and you must be in compliance with these Terms. Certain devices designed to work with our Internet Radio Service may require a separate subscription. We may or may not offer the same content on all of our platforms of the Service. Our Internet Radio Service may be unavailable or interrupted from time to time for a variety of reasons, such as unavailability or difficulties with the Internet generally or your web browser, computer, home wiring, or Internet service provider and/or other things that we cannot control. Our Internet Radio Service functions best when streamed over a broadband connection. We do not guarantee continuous, uninterrupted or secure access to the Internet Radio Service and are not responsible for any noise and/or interruptions that occur.

You may not rebroadcast our Internet Radio Service in any way. You may play our Internet Radio Service through speakers or headphones for personal listening. You may not make any recordings of, or otherwise duplicate, the content provided by our Internet Radio Service. In addition, you may not re-transmit or otherwise distribute the content provided by our Internet Radio Service in any way, including online streaming such content or making such content available for download. You may not re-skin, re-package, decompile, reverse engineer, disassemble our Internet Radio Service, or construct a media player or interface that accesses our Internet Radio Service. In addition, your use of any products or services that access our Internet Radio Service and which are provided by third parties not authorized by us constitutes a violation of these Terms, even if you did not create such product or services and/or do not understand how they were created.

k) Use of the Website.

You assume all responsibility for use of this website. You agree that any person using your identification issued for the website will be treated by us as having been authorized by you to access your information as contained on the website, and take any other actions on your behalf. You will indemnify and hold harmless SIRIUS and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using your username/password on this website. You also waive all claims against SIRIUS, its officers, directors, employees, suppliers and programmers that may arise from the utilization of this website. At the end of each online session you should completely log out of the Service. Should your login ID or username/password be lost, stolen, sold, transferred or otherwise removed from your possession without your permission, contact us immediately so that your personal identifiers may be deactivated and reissued.

We may provide an opportunity for users to exchange information, ideas and opinions on our website. Information, ideas and opinions posted by users do not necessarily reflect the views of SIRIUS. We do not assume responsibility or accept liability for the accuracy of any information, ideas and opinions posted by users. We are not liable for any claims, damages or losses resulting from any information, ideas and opinions posted by users. You authorize us to use and publish any materials that you post on this website in any manner we choose and without any obligation to compensate you or anyone else. If you post any materials on our website, you will not:

  • Harass, defame, intimidate or threaten another user;
  • Interfere with another user’s rights to privacy;
  • Distribute chain letters, surveys or contests;
  • Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
  • Post any material that is obscene or indecent;
  • Post any trademarks, logos or copyrighted material without the authorization of the owner;
  • Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
  • Advertise or sell any goods or services.

5. RECEIVERS

a) Authorized Suppliers.

You may access and use the Service only with equipment authorized to receive the Service. However, we do not make or install any of the receivers (“Receivers”) or related equipment (“Equipment”) you must use to receive the Service. You must purchase your Receiver and Equipment, and any repairs, parts, installation or service, from an authorized seller or manufacturer. We are not liable for any damage to your vehicle, home or other personal or real property resulting from installation or use of any Receiver or Equipment. We do not warrant any Receiver or Equipment in any way whatsoever and are not responsible for the advertising, statements, practices, promises, services or warranties of such sellers or manufacturers. If you have any complaints about your Receiver, Equipment or installation, you should direct them to your authorized seller, manufacturer or installer. Returns of Receivers and Equipment are subject to your authorized seller’s or manufacturer’s return policy.

b) Multiple Receivers.

Each Subscription to the Satellite Radio Service is tied to one Receiver. If you want to have the Satellite Radio Service on multiple Receivers, you must purchase a separate Subscription for each Receiver although all of your Subscriptions may be combined on a single account. Such additional subscriptions may be eligible for reduced rates which may be offered by us from time to time and a per radio activation fee may apply.

c) Loss of Equipment.

Because your Satellite Radio Service Subscription is tied to a particular Receiver, if your Receiver is lost, stolen, sold or otherwise transferred you must cancel or suspend your Subscription or you will remain responsible for the payment obligations for your Satellite Radio Service under the terms of your Subscription, regardless of your use of the Satellite Radio Service.

d) Technology.

You may not, and you agree that you shall not, copy, decompile, disassemble, reverse engineer or manipulate any technology incorporated in, or otherwise modify or tamper with, any Equipment.

e) Internet Radio.

We provide only the online Service. You must purchase your computer, laptop, alternate physical equipment, Internet connectivity or web browser software or other hardware or software you may use to receive our Internet Radio Service (“Web Devices”), modem or router, and Internet service and/or any other appropriate hardware and/or software, from appropriate sellers, resellers, manufacturers or service providers. We are not responsible for and do not warrant any Web Devices in any way whatsoever and are NOT responsible for the advertising, statements, practices, promises, services or warranties of such sellers, manufacturers or installers. If you have any complaints about your Web Device, you should direct them to the applicable seller, reseller, manufacturer, or service provider.

6. SUSPENSION AND CANCELLATION

a) Your Cancellation.

You may cancel your Subscription at any time by notifying Customer Care, but we may require up to 30 days notice from you before such cancellation becomes effective. LIFETIME, AUTOMOTIVE PRE-PACKAGED, MONTHLY AND CERTAIN PROMOTIONAL SUBSCRIPTIONS ARE NONREFUNDABLE. If you cancel your Subscription prior to its expiration (excluding the aforementioned types of Subscriptions), you will receive a refund of amounts paid directly by the subscriber, if any, on a pro-rata basis, less any applicable fees, unless provided otherwise in any offer for the Service that you accept. If your subscription was included in the financing of your purchase or lease of a vehicle, any refund will be payable to your finance company unless the finance company has notified us that your loan has been paid in full. Fees attributable to certain promotional offerings or Service received during trial periods may not be refunded. IN THE UNLIKELY EVENT THAT WE CEASE BROADCASTING THE SERVICE, WHETHER AS A RESULT OF A LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL PREPAID SUBSCRIPTIONS WILL BE TREATED AS NONREFUNDABLE.

b) Our Cancellation.

We reserve the right to cancel your Service at any time if you fail to pay amounts owing to us when due, violate or breach any of these Terms, or for any other reason in our sole discretion. If your Service is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.

c) Lost or Stolen Receivers.

We allow you to suspend and reactivate your Subscription without charge for a limited time if your Receiver or vehicle is lost or stolen (documentation may be required). Contact Customer Care for details.

d) Temporary Suspension.

You may temporarily suspend your right to receive your Subscription by contacting Customer Care, provided that your Subscription is suspended for a minimum period of 4 consecutive weeks, and not greater than 8 consecutive months. We may charge an account administration fee of up to $5.00 per each month or part thereof, of the temporary suspension service. Upon reactivation, your Subscription will continue on your previous term of Service or on a term you selected at the time of suspension. If you fail to call and reactivate your Subscription at the end of the permitted 8 month period, your Subscription will automatically be reactivated, billing will be resumed and you will receive the Service you were receiving prior to its suspension.

7. PRIVACY

By submitting personal information to SIRIUS, you agree to the collection, transfer, storage and use of your personal information by SIRIUS for the purposes of administering your Service and in accordance with our privacy policy. To access our privacy policy, please visit sirius.ca/privacy.

8. LIMITS ON OUR RESPONSIBILITY

a) DISCLAIMERS.

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICE OR YOUR SIRIUS RECEIVER OR OTHER EQUIPMENT. ALL SUCH WARRANTIES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED.

b) LIMITATIONS OF LIABILITY.

WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE USE OR PURCHASE OF ANY SIRIUS RECEIVER OR EQUIPMENT OR THE SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING THE SERVICE, REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES IN SECTION 8(a) ARE REFLECTED IN OUR PRICES AND ARE A FUNDAMENTAL ELEMENT OF OUR AGREEMENT TO PROVIDE THE SERVICE.

9. INTELLECTUAL PROPERTY RIGHTS

a) Technology.

It is prohibited to, and you agree that you will not, and you agree that you shall not, copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data or content stored or incorporated in any equipment (including Receivers) used to receive the Service (collectively, “Equipment Technology”), or otherwise modify or tamper with, any such equipment. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of this website or the Internet Radio Service. AMBE® voice compression software included in certain products or the Service is protected by intellectual property rights including patent rights, copyrights, and trade secrets of Digital Voice Systems, Inc. The software is licensed solely for use within certain products or the Service. Furthermore, the music, talk, news, entertainment, data and other content on the Service are protected by copyright and other intellectual property laws and all ownership rights remain with the respective content and data service providers. You are prohibited from any export of the data (or derivative thereof) except in compliance with applicable export laws, rules and regulations. The user of this or any other software contained in a Receiver or our website and/or all hardware and/or software used in connection with either is explicitly prohibited from attempting to copy, decompile, reverse engineer, hack, manipulate or disassemble the object code, or in any other way convert the object code into human-readable form. You may use the Equipment Technology only for your personal, non-commercial use in connection with the Service.

b) Content.

All music, programming, text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on our website or included in any Service we offer and/or in Equipment Technology (collectively, the “Content”), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are either owned by SIRIUS or are the property of our licensors and suppliers who have given us permission to use it. Neither your access to and use of the Service nor these Terms grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s). You may download one copy of the Content to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise reproduce, perform, distribute, display or create derivative works from the Content. You may only use the Content and the Intellectual Property, access our website and use any services we provide through our website as expressly permitted in these Terms of Service and for no other purposes.

c) Trademarks.

SIRIUS Satellite Radio® and the dog logo are trademarks, service marks or registered marks of SIRIUS XM Radio Inc. (“Marks”) and are used under licence. Other trademarks, service marks, graphics, logos and domain names appearing on the Service or the website may be the trademarks of SIRIUS, SIRIUS XM Radio Inc. or of third parties. Neither your access to and use of the Service or website nor these Terms grant you any right, title or interest or license to reproduce or otherwise use the Marks or any third-party trademarks, service marks, graphics, logos or domain names. Any goodwill in the Marks generated as a result of your use of the Service will inure to our benefit. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in or to, or the validity of, the Marks or any other intellectual property rights of SIRIUS.

10. DISPUTES

In order to expedite and control the cost of disputes, you agree that any legal and/or equitable claim (a “Claim”) relating to the Service, your Subscription, or these Terms will be resolved as follows:

a) Informal Resolution.

We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 10 ((d)) for at least 60 days after one of us notifies the other of a Claim in writing. To initiate a Claim, you must send notice by registered mail to the address at the beginning of these Terms. If SIRIUS initiates a Claim, we will send our notice to the service address on file with us.

b) Formal Resolution.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms; (b) oral or written statements, advertisements or promotions relating to these Terms (c) the relationships which result from these Terms (including relationships with third parties who are not signatories to these Terms) (collectively the “Claim”), will be referred to and determined by arbitration (to the exclusion of the courts), where applicable. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.

If you have a Claim you should give written notice to arbitrate to us at the address at the beginning of these Terms. If we have a claim we will give you notice to arbitrate at your address. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate.

c) Binding Effect.

In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. A court may sever any portion of this Section 10 that it finds to be unenforceable.

d) Exceptions.

Notwithstanding the foregoing, any:

  1. dispute over the validity of either party’s intellectual property rights or our licenses to operate our business; and
  2. Claim based on Section 10(b) above;

may be decided only by a court of competent jurisdiction. Nothing in these Terms shall affect our ability to terminate your Service for non-payment of amounts owed to us when due. Furthermore, nothing in these Terms will prevent us from bringing an action in a court of competent jurisdiction in order to collect any unpaid amounts.

11. MISCELLANEOUS

a) Notice.

Notices to you will be deemed given when deposited in the mail or when sent by e-mail. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the address (regular or e-mail) or telephone number set forth at the beginning of these Terms.

b) Applicable Law.

The interpretation and enforcement of these Terms shall be governed by the laws of Canada and the province in which you reside applicable therein. These Terms are subject to modification if required by such laws.

c) Assignment of Account.

We may assign your account and all rights and/or obligations hereunder to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of our assets to another entity. You hereby consent to such assignment. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise.

d) Other.

These Terms make up our entire agreement relating to your Service. No salesperson or other representative is authorized to change it for you, although SIRIUS may modify it without prior notice to you. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of these Terms will remain enforceable. Any specific Terms that expressly or by their nature survive termination shall continue thereafter until fully performed.

THANK YOU FOR CHOOSING SIRIUS SATELLITE RADIO.

Last updated on January 21, 2010.