Terms and Conditions
By using the Website and the Services, you certify that: you are of the age of majority in your jurisdiction of residence; and any information you provide to us is and will be true, accurate, current, and complete.
By browsing the Website and using the Services, you confirm that you have carefully read and understand these Terms and Conditions, and that you consent to, and agree to be bound by, the Terms and Conditions. The Company reserves the right to make any amendments to the Terms and Conditions at any time and for any reason. Such amended version of the Terms and Conditions will be posted on the Website and it is your sole responsibility to check the Terms and Conditions for changes. If you do not agree to these Terms and Conditions, or any future amendments, your sole recourse is to immediately cease use of the Website and the Services.
Personal Information; Consent to Disclose
You hereby authorize the Company and any third party to which the Company directly or indirectly distributes any Personal Information to verify any portion of such Personal Information and in any manner.
In addition to any obligations and requirements under applicable privacy laws and regulations, in the event that you are disclosing the Personal Information on behalf of a third party, you shall be solely responsible for providing that third party with all necessary notices or obtaining all such necessary consents (collectively, “Privacy Notices”) to permit yourself and the Company to collect, use, and disclose all the submitted Personal Information in connection with the Services.
Representations and Warranties
You hereby represent and warrant, and understand that the Company is relying on such representations and warranties without further inquiry, that all Privacy Notices have been expressly given or obtained, as the case may be, from the applicable parties and that your grant of access to any Personal Information to the Company hereunder shall not violate the rights of any third party and further, complies with all applicable laws and regulations. The Company shall not be responsible in any way for any unauthorized transactions or inquires arising from use of any third party’s Personal Information for which you have not properly given or obtained Privacy Notices, as the case may be, and you shall fully indemnify and hold the Company harmless with respect to any claims as to unauthorized use of your submitted Personal Information.
In connection with your use of our Website and Services, you shall not knowingly (after taking commercially reasonable precautions) access, store, distribute, or transmit any viruses or any material that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or (f) causes damage or injury to any person or property.
You shall not (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, publicly display, demonstrate, transmit or distribute all or any portion of the Services (as applicable) in any form or media or by any means; (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; (c) access all or any part of the Services in order to build a product or service which competes with the Services; (d) use the Services to provide services to third parties; (e) without the prior written consent of the Company in each case, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or (f) use the Services in violation of any applicable law or outside the scope expressly permitted herein.
You agree to indemnify and hold harmless the Company, its affiliates, partners, directors, officers, agents and suppliers from and against any and all claims, suits, proceedings, liabilities, damages, losses, fees and expenses (including reasonable attorneys’ fees) arising out of or in relation to any claims resulting from your breach of these Terms and Conditions, or your use of the Website and the Services, including, without limitation, any violation with respect to your disclosure of a third party’s Personal Information.
For any dispute arising out of or in connection with your use of the Website and the Services, you agree to proceed as explained below or as otherwise mutually agreed in writing by you and the Company. Before resorting to the procedures below, we encourage you to contact us directly to seek an alternative resolution.
For any dispute arising out of or in connection with your use of the Website and the Services, which cannot be resolved amicably through bona fide good faith negotiations, such dispute shall be referred to final, binding and non-appealable arbitration in Vancouver, British Columbia and resolved by a single arbitrator under the applicable Rules of the British Columbia International Commercial Arbitration Centre. The parties agree to use their best efforts to conduct any dispute procedures herein as efficiently and cost effectively as possible.
All claims filed or otherwise brought contrary to these Terms and Conditions shall be considered improperly filed. You will pay any legal fees or expenses for the Company if: (1) you file a claim contrary to these Terms and Conditions; (2) the Company notifies you that the claim is improperly filed; and (3) you fail to promptly withdraw the claim. If you fail to win an adjudicated, arbitrated, or otherwise decided, dispute against the Company, you will pay legal costs, fees and expenses incurred by the Company.
Disclaimer; Assumption of Risk; Limitation of Liability
You understand that providing any information, including any Personal Information, over the Internet poses significant risks and you hereby agree that you assume any and all such risks that may arise from your use of the Website and Services. You understand that, while the Company takes reasonable steps to ensure security of your information, we cannot guarantee security of your Personal Information. IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITIES AS PROVIDED BELOW, THE COMPANY EXPRESSLY PROVIDES THAT IT IS NOT LIABLE FOR ANY BREACH IN SECURITY THAT RELATES IN ANY WAY TO ANY PORTION OF YOUR INFORMATION. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR ANY ACTION THAT ANY THIRD PARTY TAKES WITH REGARD TO ANY PORTION OF YOUR INFORMATION THAT IS PROVIDED TO THAT THIRD PARTY.
THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF ANY ACTIONS OF OR IN ANY WAY RELATED TO ANY THIRD PARTIES. ANY AGREEMENT, DISCUSSIONS, OR OTHER INTERACTIONS IN WHICH YOU ENGAGE WITH ANY THIRD PARTY IS INDEPENDENT, SEPARATE, AND DISTINCT FROM ANY AGREEMENT, DISCUSSION, OR OTHER INTERACTION IN WHICH YOU ENGAGE WITH THE COMPANY.
THE COMPANY’S SERVICES AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH ITS SERVICES AND THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY ON BEHALF OF ITSELF, ITS AFFILIATES, AND ITS LICENSORS, HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ITS SERVICES, ITS CONTENT, OR THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR OTHERWISE AVAILABLE THROUGH ITS SERVICES OR THIS WEBSITE WILL CREATE ANY WARRANTY REGARDING THE COMPANY OR ANY OF ITS SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOU USE THE SERVICES AND USE, ACCESS, OR DOWNLOAD ITS CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE OR LOSSES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, WEBSITE, YOUR DEALINGS WITH ANY OTHER THIRD PARTY, OR YOUR USE OF ANY CONTENT AVAILABLE THROUGH THE SERVICES OR WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA THAT MAY RESULT FROM THE SERVICES, WEBSITE OR THE USE OF ANY OF ITS CONTENT.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR THE SERVICES, INCLUDING INACCURACY OR INCOMPLETENESS OF ANY SUCH TOOLS, ANALYSIS, RESEARCH OR OTHER INFORMATION, AVAILABLE THROUGH OUR SERVICES OR ITS CONTENT.
THE COMPANY AND ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ITS CONTENT.
EXCEPT AS REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS, HOWSOEVER ARISING WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED CANADIAN DOLLARS (CDN$100.00).
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE COMPANY PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
By visiting the Website, you agree that the Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of laws principles, and you agree to be bound by the laws of these jurisdictions, regardless of your place of residence. Except as otherwise agreed by the parties or as otherwise described in the arbitration option below, any such dispute shall be brought in a court of competent jurisdiction in the province of British Columbia, regardless of your residence. You hereby consent to the exclusive jurisdiction of such court. You agree to adhere to all Federal, provincial, or local laws applicable to all interactions with which you engage in any relation to the Website and the Services.
All content of this website are copyrighted. © 2018 Smith Transportation Ltd. The Company reserves all rights with regard to all any and all intellectual property on the Website or in the contents thereof, including copyrights and trademarks under common law or otherwise.