Terms Of Use

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

Terms Of Use For BDSFleet.com

Updated: 2014-05-01

1. Agreement

By accessing, using and/or viewing this site, either by manual, electronic-controlled devices or automated means, without limitation or qualification, to be bound by, and to comply with, these terms and conditions and any other posted guidelines or rules applicable to any individual network web site.

This Agreement applies to you and, if you are using this web site on your client's behalf, to you and all of your clients. We reserve the right to change this agreement at any time without further notice. Further, by using this site and/or any other available individual or associated domains (linked with this site) you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site immediately.

By visiting & viewing this web site, including the entire domain & links, you represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, e-mail, privacy, and the transmission of electronic data in Canada & its Territories.

Exporting of this site and/or its web page content to Off-site / Off-shore / Foreign Governments, Nations, Commonwealths, Principalities, States or Provinces is strictly prohibited.

When used herein, the term 'this website' 'we', 'us' or 'our' shall refer to the owner and/or company of this website and domain. The terms 'you', 'your', 'user' or 'customer' shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity.

You agree to submit to personal jurisdiction in such courts should this website initiate action against you related to your use or abuse of this Website, and to pay any and all damages related to your violation of these Terms of Use, and to also pay this website such costs, fees and expenses as it reasonably incurs or expends (including attorney fees and court costs) if and to the extent this website successfully prevails against you for your actions in violation of any of the Terms of Use, or any false representation you make, or any breach of a warranty you commit.

You expressly agree that a violation of these terms of use may cause you to be liable for: actual damages, loss of income, and/or profits you derive from the use of this web site content, and, where appropriate, the costs of collection and/or statutory damages up to $25,000 (CAD).

2. Eligibility

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found at this Site under the laws of Canada or other applicable jurisdiction.

3. Right to Access

You acknowledge and agree that this website may terminate your access to the this website, it's partner website network or to any of the products and services should you fail to comply with the terms and conditions or any other guidelines and rules published by this website. Any such termination shall be in this website's sole discretion and may occur without prior notice, or any notice. This website further reserves the right to terminate any user's access to the this website network or to any of the products and services for any conduct that this website, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to this website or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, provincial, federal, or foreign laws or regulations. This website further reserves the right to terminate any user's access to the site for any reason or for no reason at all, in this site's sole discretion, without prior notice, or any notice.

4. Copyright

This site and the web page content (images, links, newsletters & text) herein are intended for consumers, customers, and/or potential clients of this Web site domain, within the Canada and its Territories. A limited session license is granted for the purpose of using & viewing this site and its content with conventional client-side browsers. This site contains copyright / intellectual property material (in part and in whole) and all rights to that claim are reserved. Only a top-level domain (TLD) URL specific to this site is considered the "OFFICIAL" Public web site.

Due to time-sensitive material and/or other data considerations, we do NOT participate with archive sites and technologies such as but not limited to: archive.org, Wayback Machine, institutional libraries, off-line, cache stored or similar type web sites. Any site content that may be available on such sites is considered unauthorized and not valid or representative of our OFFICIAL website(s) content.

Any information you may provide or collected while visiting this domain is considered privileged and therefore is never sold or shared. In some instances, IP addresses, browser information and operating system used may be logged for internal use only. Any form submissions regarding personal information is kept confidential and any promotional programs that may be offered or you may participate in, provide an option to opt-out should you wish to.

You may not use this site or its web page content for any purpose not related to real-time online viewing of this web site and/or domain. You may not attempt by manual or automated means to circumvent, evade or countermeasure content, directory or file protections including but not limited to: .htaccess, username and password schemes, or robots.txt files that may be in place.

By using or visiting this site, you acknowledge that you do NOT have any permission or right to download any content that may appear on this site or its links. EXCEPTION: You are permitted to download readily identifiable contact, coupons, offers, specials or informational content that is available on this site and/or can be readily identified as an Adobe® PDF file or a content page with a visible PRINT Link. Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Any errors found are not intentional and upon notification will be corrected.

You are specifically prohibited from:

  1. (a) downloading, copying, off-line browsing, or;
  2. (b) reverse engineering, examining any underlying code including html, javascripts, php or any other program languages, or;
  3. (c) archiving of any part or in whole any site content on local computers, hand-held devices, off-site / off-shore servers or databases, or;
  4. (d) re-transmitting any or all of the site, it associated directories and files or the web page content on this domain's server without, or in violation of, a written license or agreement with the webmaster / owner of this domain;
  5. (e) using any data mining, robots, spiders, "bots", crawling or similar data gathering or extraction methods;
  6. (f) manipulating or otherwise displaying the site or the web page content by using framing or similar navigational technology or screen-capture displaying, saving, or screen printing;
  7. (g) logging in, registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any product or service within this domain if you are not expressly authorized by such party to do so; and
  8. (h) using the site or the web page content other than for its intended purpose & design.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

5. Professional Advice

No information on this site is intended as, or shall be construed as, legal, financial, medical or expert advice of any kind. This website is not responsible for typographical errors, editing errors, or news source errors. This website strongly suggests that you seek advice from a competent professional regarding issues in any professional field.

6. Disclaimer Of Warranties

The information on this website is provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, this website disclaims any warranties for the security, reliability, timeliness, and performance of the information on this website. To the fullest extent permitted by law, this website disclaims any warranties for other services or goods received through or advertised on the website or received through any links provided in the website, as well as for any information or advice received through the website or through any links provided in the website. this website similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the website.

You expressly understand and agree that this website disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the website. this website disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. this website disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the website, including, without limitation, for harm caused by viruses or similar contamination or destructive features. this website makes no warranty regarding the reliability or accessibility of web pages or any storage facilities offered by BDSFleet.com.

You understand and agree that any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. Limitation of Liability

You expressly understand and agree that under no circumstances shall this website, its employees, officers, writers, contractors, or principals be liable to any user's use or misuse of and reliance on the website. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if the website or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the website, from inability to use the website, or from the interruption, suspension, or termination of the website (including such damages incurred by third parties).

Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the website or received through any links provided in the website, as well as by reason of any information or advice received through or advertised on the website or received through any links provided in the website. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the website or any information or merchandise that appears on, or is linked or related in any way to, this website. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.

Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of web pages or other content stored throughout this website.

Under no circumstances shall this website or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

8. Indemnification

By using this website you agree to indemnify, defend, and hold harmless the owner and/or company of this website, its parents, subsidiaries, affiliates, officers, employees, and licensors of this site against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this website, or your submission of ideas and/or related materials to this website or from any person's use of any account or password you maintain with any portion of this website or network, regardless of whether such use is authorized by you.

By using this website, or submitting any ideas and/or related materials to this website, you are hereby agreeing to release this website and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the website or to any disputes regarding use of ideas and/or related materials submitted to BDSFleet.com. You hereby agree to waive all laws that may limit he efficacy of such releases.

And/or the unauthorized use or downloading of any Image and/or graphic(s) displayed on this site either alone or in combination with any other presented material on this site, will be considered a willful and deliberate act and will result in a breach of this Agreement, subject to further legal action and/or compensation for such actions.

9. Limitation Of Actions

you acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of this website must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

10. External links

This website may provide, or third parties may provide, links to other sites or resources located on the world wide web by allowing a user to leave this website to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. This website has no control over such sites and resources. You acknowledge and agree that this website is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that this website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this website, products and services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that this website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the product and services.

This website encourages you to exercise discretion while using the products and services to browse the internet. This website may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. This website makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to the this website's network web sites. This website shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the This website's network' search results or otherwise linked to the network of web sites or provided to the network by third parties.

11. No license; intellectual property of this website and others

Except as expressly provided, nothing within any of the website shall be construed as conferring any license under any of the this website network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate this website is protected by copyright, trademark, patent, or other proprietary rights of this website and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by this website in connection with the website. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by this website, any of this website's affiliates, or any of this website's service providers. You agree not to use any of the trademarks or service marks or other content accessible through the this website network of any purpose other than the purpose for which such content is made available to users by this website. You agree not to defame or disparage this website, the trademarks or service marks of this website, or any aspect of the website. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the website or any software or programs used in connection with this website.

12. Fair Use

This website publishes excerpts and summaries from copyrighted works under fair use, which allows the use of copyrighted materials for purposes of research, private study, news reporting, criticism, review, education, parody and satire for the public interest. This website transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of research, news reporting, criticism, review, education, parody and satire.

This website has no intention to compete with the original copyrighted content. Rather, it is this website's intention to promote such content and deliver readers to such content. Accordingly, when this website cites a copyrighted work for commentary or criticism, this website acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which this website requests absolutely no payment or consideration.

13. Intellectual Property Infringement Claims

NOTE: Concerted effort is taken to verify © when provided images / content from 3rd party sources or the internet. However, given the vast size and number of internet pages available, it is nearly impossible to, without any doubt or 100% certainty, confirm each and every item that may be used or the claims of free use, licensed use and public domain are indeed valid or true.

Any use or claim of content presented on this website is done so in good faith and not for the purpose of misrepresenting, circumventing or ignoring proper ownership or claims. Should there be a question of proper ownership, use or copyright, please contact the webmaster of this site with your concerns or claims.

It is the policy of this domain, never to intentionally use unauthorized images or unlicensed materials (text or graphic). If an image or item is found to be questionable re: Copyright / Ownership, with notice it will be immediately removed. It is the policy of this website to respond expeditiously to claims of intellectual property infringement.

This website will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the Copyright Act, this website will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

This website will terminate access for subscribers and account holders or authors who are repeat infringers.

Notices of claimed infringement should be directed to our contact page.

Please put "notice of infringement" in the subject line of all such notifications. When this website removes or disables access to any material claimed to be infringing, this website may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although this website makes no promise to do so.

Any and all counter notifications submitted by the user will be furnished to the complaining party. This website will give the complaining party an opportunity to seek judicial relief in accordance with the Copyright Modernization Act before this website replaces or restores access to any material as a result of any counter notification.

14. Arbitration, Governing Law And Forum For Disputes

Unless expressly stated to the contrary elsewhere within the website, all legal issues arising from or related to the use of the website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of Ontario, Canada. Applicable to contracts entered into and wholly to be performed within said province.

Any controversy or claim arising out of or relating to these terms and conditions or any user's use of the website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ontario, Canada, and judgment on the arbitration award may be entered into in any province or federal court in Ontario, Canada having jurisdiction thereof.

Any party seeking temporary or preliminary injunctive relief may do so in any province or federal court in Ontario, Canada having jurisdiction thereof. Except as set forth above, the province and federal courts of Ontario, Canada Shall be the exclusive forum and venue to resolve disputes arising out of or relating to these terms and conditions or any user's use of the website, and you further agree to submit to personal jurisdiction in such courts should this website initiate action against you related to your use or abuse of this Website, and to pay any and all damages related to your violation of these Terms of Use, and to also pay this website such costs, fees and expenses as it reasonably incurs or expends (including attorney fees and court costs) if and to the extent this website successfully prevails against you for your actions in violation of any of the Terms of Use, or any false representation you make, or any breach of a warranty you commit.

15. Changes In Terms And Conditions And Changes In Website

This website reserves the right to modify the website from time to time, for any reason, and without notice, including the right to terminate the website. This website reserves the right to modify these terms and conditions from time to time, without notice. Please review these terms and conditions from time to time so you will be apprised of any changes.

16. Merger

these terms and conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between this website's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual web site or in connection with this website are incorporated herein by reference to the extent they do not conflict with these terms and conditions. To the extent that any other terms and conditions or terms of service conflict with these terms and conditions, those other provisions shall control with respect to the use of the particular web site and any information available on or through the web site or the respective content location at which those other provisions may be found.

17. Non-Waiver And Separability

This website's failure to exercise any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these terms and conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these terms and conditions remain in full force and effect.

18. No Resale, Assignment, Or Sublicensing

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these terms and conditions without prior express written authorization of this website.

19. Successors and Assigns

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these terms and conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

20. Termination; Survival

These terms and conditions shall continue in effect for as long as you use the website, unless specifically terminated earlier by this website. All provisions of these terms and conditions which impose obligations continuing in their nature shall survive termination of these terms and conditions.

21. Communications With Users

You consent to receive communications from this website concerning your use of the website ("communications"). The communications may be those that this website is required to send to you by law concerning the website ("required communications"). The communications may also be those that this website sends to you for other reasons. You consent to receive communications electronically. This website may provide these communications to you by sending an email to the email address you provided or by posting the communication on this website. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account, if any. You may change the email or postal address to which this website sends communications by visiting your account information page.

22. Submissions Of Ideas

This website is always improving its website and developing new features. If you have ideas regarding improvements or additions to this website, we would like to hear them, however any submission will be subject to these terms and conditions. Under no circumstances shall any disclosure of any idea or related materials to this website be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or any related material to this website, you are waiving any and all rights that you may have in the idea or any related materials and are representing and warranting to this website that the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials and that this website is free to implement the idea and to use the materials if it so desires, as provided or as modified by this website, without obtaining permission or license from any third party.

23. Violations Of Terms And Conditions

Should you violate these terms and conditions or any other rights of this website, this website reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all access and or user accounts on any and all of the this website partner network web sites.

24. Submitted content

You hereby agree that all content you submit to this website, via web forms, email to the editor, email to employees, phone calls, faces or other form of communication shall become the sole property of this website and may be used by this website in any way whatsoever, without limitation.

We hope your enjoyment of this website will be enhanced by the application of these terms and conditions. It is our belief that your understanding of the guidelines we have set forth will allow this website's community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment.

Thank you for taking the time to read these terms and conditions and we hope you enjoy our website.

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