Truckstop.com Canada LTD. - TERMS AND CONDITIONS OF USE
Please review these Terms and Conditions of Service ("Terms and Conditions") carefully before registering with Truckstop.com Canada LTD.. These Terms and Conditions apply to and govern the Site and services offered on the Site. Your use of the Site constitutes your agreement to be bound by all terms, conditions, and notices contained herein and as they may change, from time to time.
"You" refers to the individual accessing and using the Site, and if you are accessing and using the Site on behalf of a corporation, partnership, limited liability company, or other business entity, then "you" also includes that entity and all individuals gaining access through its account with Truckstop.com Canada LTD.. Please note that these terms and conditions contain waivers by you of certain rights you have against us, our affiliates, and our or their directors and representatives.
ACCEPTANCE OF THESE TERMS
These "Terms and Conditions" constitute an agreement between you and Truckstop.com Canada LTD.. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM. By accepting these Terms and Conditions once, you agree that you will be bound by them each and every time you use our Site or otherwise interact with us online. If you do not agree to these Terms and Conditions, you may not access or otherwise use our Site.
CHANGES TO TERMS AND CONDITIONS
We reserve the right, in our sole discretion and with or without notice, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification to these Terms and Conditions will be posted on our Site. Your continued use of our Site after such changes are posted will constitute your agreement to such changed Terms and Conditions. Please check the Terms and Conditions periodically for changes.
CHANGES TO SERVICE
We may change, suspend or discontinue any aspect of our Site or service at any time. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability.
By registering with us, you agree to pay us all subscription, service and use fees, if any, that we charge as
disclosed on our Site or otherwise by us. All fees must be paid in United States dollars.
Any account that has been suspended and/or Cancelled up to 364 days will be required to pay a $30.00 reactivation fee. Any account that has been closed for greater then 365 days will require a $125.00 administration fee to be paid.
CANCELLATION OF SERVICES
You agree to notify Truckstop.com Canada LTD. of Subscriber's intent to cancel services by completing the account feedback form located at https://www.itsdispatch.com/feedback.php. This request must include verification of ownership of the account as determined by Truckstop.com Canada LTD..
By registering with Truckstop.com Canada LTD., you represent, warrant and covenant that (1) you are at least 21 years of age; (2) you are or represent a bona fide carrier, or are a bona fide shipper; (3) your access of the Site is for commercial purposes and is limited to moving freight by truck via our freight-matching service and/or taking commercial advantage of the other services offered on our Site; (4) your commercial purpose in accessing and using this Site is not to directly compete or gain competitive advantage in relation to Truckstop.com Canada LTD.; (5) you will not permit non-registered users to use the Site without the express permission of Truckstop.com Canada LTD.; and (6) you will not disclose your Truckstop.com Canada LTD. password or provide access to your Truckstop.com Canada LTD. account to non-registered users without the express permission of Truckstop.com Canada LTD..
By violating these warranties, you risk having your account terminated by Truckstop.com Canada LTD. without warning, in addition to being subject to any other legal remedies that may be available under these Terms and Conditions, or that may be available under provincial and/or federal law. To the extent we may have to sue you to enforce any of these Terms and Conditions, or other federal and provincial law violations committed by you while accessing or using this Site, you expressly agree to bear the costs of that enforcement, including without limitation, all related attorneys' fees.
Except where noted on our acknowledgments page, the content and software used on this Site and the Site layout and design are the sole and exclusive property of Truckstop.com Canada LTD. . Content and other material on this Site is protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You may use the material on our Site only for personal or commercial use as described in these Terms and Conditions. Unless expressly authorized by Truckstop.com Canada LTD., you may not reproduce, modify, distribute, transmit, republish, display, perform, rent, sell, license, edit, or create derivative works from, any of the content or other material on this Site. You may not copy or retrieve data or other content from this Site - either manually or by use of automatic devices - for the purpose of creating or compiling, directly or indirectly, a collection, database, or directory without written permission from Truckstop.com Canada LTD.. You may not use meta tags or other hidden text utilizing Truckstop.com Canada LTD.'s name or trademarks, nor may you use framing techniques to enclose any portion of the Truckstop.com Canada LTD. Site, without Truckstop.com Canada LTD.'s express, written permission.
SUBMISSION OF CONTENT TO THE SITE
By submitting content to this Site, you: Grant Truckstop.com Canada LTD. and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, and promote the content on this Site in any form for any purpose;
Warrant and represent that the content is accurate, and that the posting and use of your content by Truckstop.com Canada LTD. will not infringe or violate the rights of any third party; and
Warrant and represent that you will not upload, post or transmit to or distribute or otherwise publish through our Site, any material which: (i) restricts or inhibits any other user from using or enjoying our Site, (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violates, plagiarizes or infringes the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) constitutes defamatory or libelous statements, (vi) contains a computer virus or other harmful component, (vii) constitutes or contains false or misleading indications of origin or statements of fact, or (viii) is inappropriate for the purpose of our Site. We retain the right to review any material submitted for posting on our Site and have the sole and absolute right to determine whether that material complies with these Terms and Conditions.
We reserve the right to assign our rights and obligations under these Terms and Conditions to one or more of our affiliates or to any successor entity by way of merger, consolidation, or otherwise. You are not entitled to assign your account registration or any of your rights or responsibilities under these Terms and Conditions without our express written consent. These Terms and Conditions will inure to the benefit of, be binding upon, and be enforceable by our successors and assigns.
CONSENT TO ELECTRONIC COMMUNICATIONS
You acknowledge that Truckstop.com Canada LTD. is an Internet-based business and that our services are available through the Internet. You agree to receive documentation and information provided by us and our affiliates primarily through our Site and through e-mail provided to you via the Internet. Any information we provide to you by telephone, facsimile or other means does not constitute a waiver of this agreement. To maintain an account with us, you will need to be able to access our Site on the Internet, which requires Internet access and a Web browser, as well as an Internet e-mail account. No additional hardware or software requirements should be necessary. In the event of a change in the hardware or software requirements necessary to access our Site, notice will be displayed on our Site prior to the implementation of such a change. You acknowledge that you have the appropriate computer equipment to use our Site and to receive e-mail via the Internet and understand that you may incur certain operational costs in connection with your use of the Internet, such as monthly fees for a service provider, for which you are solely responsible. You solely and expressly agree to undertake the obligation to notify us of changes in your electronic contact information.NO CONFIDENTIAL OR CONTRACTUALLY IMPLIED RELATIONSHIP EXISTS WITH Truckstop.com Canada LTD.
You acknowledge that by registering with us, submitting information to us for posting or any other purposes or using the Site and our services, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than the express contractual relationship set forth in these Terms and Conditions.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Truckstop.com Canada LTD. facilitates the movement of freight by maintaining an online dispatching service for use by carriers, but Truckstop.com Canada LTD. does not arrange for the movement of freight. All such arrangements are made by the users of the Site, and any terms and conditions of such freight movement are solely between the carrier and the shipper. No agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship is intended or created by your use of this Site or by these Terms of Service.
Your use of this Site is at your own risk. While Truckstop.com Canada LTD. makes reasonable efforts to post accurate and timely information, Truckstop.com Canada LTD. makes no representations or warranties of the accuracy of content on the Site and assumes no liability or responsibility for inaccuracies, errors, or omissions in such content.
Neither Truckstop.com Canada LTD. nor any other party involved in the creation, distribution, or display of the Site is liable for any lost profits or any direct, indirect, punitive, incidental, special, or consequential damages that result from the use, or inability to use, this Site, even to the event of our negligence. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED TO YOU ON THE SITE ARE DELIVERED "AS IS" AND "AS AVALIABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Truckstop.com Canada LTD. does not warrant that this Site or its server(s) are free of viruses or other harmful components that may infect or damage your computer equipment or other property as a result of your accessing, browsing, and/or using the Site, downloading information, or printing information from the Site.
You agree to defend, indemnify, and hold harmless Truckstop.com Canada LTD. and its subsidiaries, affiliated companies, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys' fees, made by any third party that arise from your use or misuse of this Site, your breach of these Terms of Service, or your violation of any law or the rights of a third party.
These Terms of Service shall be governed by and construed under the laws of the Province of Ontario without regard to that state's conflicts of law rules. By registering with and using the Truckstop.com Canada LTD. Site, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Truckstop.com Canada LTD. Site is under province or federal courts located in the Province of Ontario and that all claims or actions will be brought in those courts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTERGRATION
These Terms of Service constitute the entire agreement between you and Truckstop.com Canada LTD. with respect to this Site and supersede any prior or contemporaneous communication (whether oral, written, or electronic) between you and Truckstop.com Canada LTD. with respect to this Site. If any part of these Terms of Service is held void, invalid, or unenforceable, that portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
OUR RIGHT TO TERMINATE ACCOUNT
Truckstop.com Canada LTD. reserves the right to terminate your account and access to all or part of this Site, and remove any materials, information and data that you have posted on our Site, in our sole discretion, without notice, at any time and for any reason, including, without limitation (1) a breach of these Terms and Conditions or (2) unauthorized use of your user name(s) or password(s) or account(s).