TRAILER CANADA TERMS & CONDITIONS OF USE

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Acceptance of Agreement

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

Limited Rights to Use

Except as otherwise indicated on this Site, you may view, print, copy, and distribute documents on this Site subject to the following terms and conditions:

 

– The document may be used solely for informational, personal, non-commercial purposes;

– Any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original;

– The document may not be modified in any way; and

– Trailer Canada reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Trailer Canada Corporation.

Documents specified above do not include the layout or design of this Site. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part. Documents specified above do not include software, programs, logos, graphics, sounds or images on this Site, which may be reproduced or distributed only when expressly permitted by Trailer Canada Corporation.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Files and/or Software

Any file or software that is made available to download from this Site (“Software”) is the property of Trailer Canada. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“EULA”). An end user will be unable to install any Software that is accompanied by or includes a EULA, unless he or she first agrees to and accepts the EULA terms. The Software is made available for downloading solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties.

 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA.

Restricted Rights Legend

Any Software that is downloaded from this Site for or on behalf of Canada, its agencies and/or instrumentalities (“Canadian Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the Canadian Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Trailer Canada, P.O Box 130, St Paul, AB., CA., T0A 3A0.

Indemnification

You agree to indemnify, defend and hold Trailer Canada and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Disclaimer

Trailer Canada AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND “AS IS” WITHOUT WARRANTY OF ANY KIND. Trailer Canada AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL Trailer Canada AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Trailer Canada AND/OR ITS RESPECTIVE SUPPLIERS MAY, BUT IS NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE INFORMATION, SERVICE(S), PRODUCT(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Limits

All responsibility or liability for any damages caused by viruses contained within the Site is disclaimed. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.

Global Availability

Information that we publish on this Site may contain references or cross references to our products and services that are not announced or available in your country. Such references do not imply that we intend to announce such products or services in your country. Consult your local Trailer Canada representative for information regarding the products and services that may be available to you.

Links to Other Website

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risks.

Information and Press Releases

The Site contains information and press releases about Trailer Canada. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Unsolicited Idea Submissions

Trailer Canada, including its employees, does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Trailer Canada’s products or marketing strategies might seem similar to ideas submitted to use. If, despite our request that you not send us your ideas and materials, you still send them, Trailer Canada makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Copyright

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Trailer Canada’s Copyright Agent. ALL INQUIRIES FAILING TO FOLLOW THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. See our Copyright Policy.

Trademark

Trailer Canada®, and the Trailer Canada logo are trademarks or registered trademarks of Trailer Canada in Canada and other countries. All other brands or products are trademarks or registered trademarks of their respective holders.

Privacy Policy

Our Privacy Policy, as may be modified from time to time in our sole discretion, is hereby incorporated as part of this Agreement.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in St Paul, Alberta, and shall be governed by and construed in accordance with the laws of the province of Alberta (without regard to conflict law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 9 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in St. Paul, Alberta. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement, together with the Privacy Policy, constitutes the entire and only agreement between us and you and supercedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the content provided by or through the Site, and the subject matter of this Agreement. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.