FORBES-HEWLETT TRANSPORT INC. TERMS OF USE AGREEMENT
Forbes-Hewlett Transport
Inc., its affiliates and subsidiaries provide this web site,
located at
www.forbeshewlett.com,
and all associated web pages (the "Site") subject
to the following terms and conditions contained in this Terms
of Use Agreement ("Agreement"). You hereby acknowledge
and agree that you have freely and voluntarily entered into
this Agreement, and have read and understood each and every
provision, including, but not limited to, your rights, obligations,
and applicable terms and conditions as set forth herein.
By using this Site, you are representing that you are at least
eighteen (18) years of age. Your use of the Site will
signify your assent to be bound by this Agreement. If
you do not agree to be legally bound by this Agreement, you
should exit this Site immediately.
We reserve the right to amend this Agreement at any time and
will notify you of any such changes by posting the revised Agreement
on the Site. Unless otherwise specified, such changes
shall be effective upon posting. You have the obligation
to review changes in this Agreement. You agree that your
continued use of the Site after the posting of any revised Agreement
constitutes your agreement to be bound by such revised Agreement
Your Access to the Site
Certain portions of the Site are available only to registered
users. Registered users of the secure portions of the
Site (the "Registered Users") will be assigned an
user identification ("User ID") and a password (your
"Password"). If you are a Registered User, you
are solely responsible for all activity occurring through the
use of your Password and for keeping your User ID and Password
confidential. You are also responsible for all Site activity
by others to whom you have voluntarily disclosed your password.
You agree to notify us immediately of the actual or suspected
unauthorized use, unauthorized disclosure, or theft of your
Password. Users who are not Registered Users are not permitted
to access the password-protected areas of the Site and are prohibited
from attempting to do so.
Permitted Use
Forbes-Hewlett Transport Inc. grants you a personal,
non-exclusive, non-transferable, non-sublicensable, limited
and revocable right to access, use and display this Site and
the information contained therein on any computers or other
electronic display device of which you are a user, subject to
all terms and conditions of this Agreement. The Site and
the information contained therein are for your internal uses
only and you may not sell, copy (except for a singular copy
for personal use), license or otherwise distribute the Site
or the any of the information available therein. No other
use of the Site and the information contained thereupon is authorized.
In consideration of this authorization, you agree that
any copy, download or dissemination of these materials will
retain all copyrights, trademarks, and other proprietary notices
in the same form and manner as on the original.
Monitoring of the Site
Forbes-Hewlett Transport Inc. has no obligation to monitor
the Site. However, you acknowledge and agree that Forbes-Hewlett
Transport Inc. has have the right to monitor the Site electronically
from time to time and to disclose any information as necessary
or appropriate to satisfy any law, regulation or other governmental
request, to operate the Site and properly, or to protect itself
or other users of the Site.
Notice of Trademark Rights,
Copyright and Rights in Proprietary Materials
The trademarks, service marks and logos of FORBES-HEWLETT
TRANSPORT INC. are marks of Forbes-Hewlett Transport Inc. and
any third party trademarks, service marks, logos and trade names
appearing on the Site are the property of their respective owners.
You acknowledge the rights of Forbes-Hewlett Transport Inc.
and the respective third parties in those marks and, further,
that you have no right or authorization to copy or use any of
those trademarks, service marks, logos, or trade names in any
way except as expressly granted by this Agreement. In
addition, the Site contains material protected by copyrights,
patents, or other proprietary rights and laws, including, but
not limited to, text, software, photos, videos, graphics, images
music and sound (collectively referred to herein as the "Proprietary
Material") and such material is owned by Forbes-Hewlett
Transport Inc., or its licensors. Any use of such Proprietary
Material other than as permitted herein is expressly prohibited
without the prior permission of Forbes-Hewlett Transport Inc.
and/or the relevant right-holder.
In the event that you believe, in good faith, that any materials
on the Site infringes your copyrights, notifications of claimed
copyright infringement should be sent, in accordance with the
"Digital Millenium Copyright Act" to Forbes-Hewlett
Transport Inc.' designated agent, as set forth below:
Forbes-Hewlett Transport Inc.
Attn: Chief Financial Officer
156 Glidden Road
Brampton, ON, L6W 3L2
Phone: 905-455-2211
Fax: 905-455-9213
Privacy
Your privacy is of great importance to us. All
information gathered from you related to your use of the Site
will be governed by our Privacy Policy.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL OF
THE CONTENTS THEREIN ARE PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS. FORBES-HEWLETT TRANSPORT INC. DOES
NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS,
ENDORSEMENTS, GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED,
(COLLECTIVELY "WARRANTIES"), REGARDING THIS SITE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES: (I) OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS; (II) ARISING FROM ANY COURSE
OF DEALING, COURSE OF USAGE OR COURSE OF PERFORMANCE; (III)
THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM FORBES-HEWLETT
TRANSPORT INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR (IV) OF TIMELINESS, ACCURACY, RELIABILITY OR CONTENT OF THIS
SITE AND ANY INFORMATION PROVIDED THROUGH IT UNDER THIS AGREEMENT.
FORBES-HEWLETT TRANSPORT INC. DOES NOT MAKE ANY WARRANTY, EXPRESS
OR IMPLIED, WITH RESPECT TO THE USE OF LINKS PROVIDED ON OR
TO THIS SITE. FORBES-HEWLETT TRANSPORT INC. IS NOT IN
ANY WAY RESPONSIBLE FOR ANY INFORMATION, PRODUCTS OR SERVICES
ACCESSIBLE THROUGH OTHER WEB SITES THAT LINK TO OR FROM THIS
SITE. FORBES-HEWLETT TRANSPORT INC. SHALL HAVE NO LIABILITY
OF ANY NATURE WHATSOEVER IN RELATION TO ANY INFORMATION OR SERVICES
PROVIDED BY A SITE THAT YOU REACH THROUGH A LINK EITHER TO OR
FROM THIS SITE, AND YOU AGREE THAT FORBES-HEWLETT TRANSPORT
INC. IS NOT AND WILL NOT BECOME LIABLE OR RESPONSIBLE IN ANY
WAY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF, OR RELIANCE
ON, SUCH MATERIAL(S), NOR FOR ANY FAILURE TO ENFORCE ANY OF
FORBES-HEWLETT TRANSPORT INC.'s RIGHTS UNDER THIS AGREEMENT,
AT LAW OR IN EQUITY, AGAINST ANY SITE USER OR THIRD PARTY.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL FORBES-HEWLETT
TRANSPORT INC. BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
(COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT
OF YOUR USE OF OR INABILITY TO USE THIS SITE, SUCH AS, BUT NOT
LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS,
LOST SAVINGS, GOODWILL OR DATA, THE PROVISION OF PERSONALLY
IDENTIFIABLE INFORMATION, ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, DENIAL OF SERVICE ATTACK, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE OR THIRD PARTY THEFT OF, DESTRUCTION
OF, UNAUTHORIZED ACCESS TO, ALTERATION, OR USE OF YOUR INFORMATION,
EQUIPMENT OR PROPERTY, EVEN IF FORBES-HEWLETT TRANSPORT INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN
THE EXCLUDED DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS
OF: (I) THE NEGLIGENCE OF FORBES-HEWLETT TRANSPORT INC.; OR
(II) THE GROSS NEGLIGENCE OF FORBES-HEWLETT TRANSPORT INC.;
OR (III) ANY FAILURE OF AN ESSENTIAL PURPOSE; OR (IV) WHETHER
SUCH LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT,
TORT OR ANY OTHER THEORY OF LEGAL LIABILITY. IN THOSE
JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR THE EXCLUDED DAMAGES, FORBES-HEWLETT TRANSPORT
INC.'S LIABILITY SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT
PERMITTED BY LAW. IN NO EVENT SHALL FORBES-HEWLETT TRANSPORT
INC.'S AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS
($100).
Termination
You acknowledge and agree that Forbes-Hewlett Transport
Inc. may suspend or terminate your access or use of the Site
without prior notice if you engage in conduct that Forbes-Hewlett
Transport Inc., in its sole discretion, believes violates any
term or provision of this Agreement, otherwise violates the
rights of Forbes-Hewlett Transport Inc. or third parties, or
is otherwise inappropriate for continued access and use of the
Site. You further acknowledge and agree that Forbes-Hewlett
Transport Inc. may suspend or terminate your access and use
of the Site at any time, with or without cause, in Forbes-Hewlett
Transport Inc.'s absolute discretion and without notice.
The relevant version of this Agreement shall continue to apply
to all prior use of the Site. The following paragraphs
of this Agreement Use shall survive termination of your use
or access to the Site: paragraphs concerning Indemnification,
Disclaimer of Warranties, Limitations of Liability, Termination
and General Provisions and any other provision that by its terms
survives termination of your use or access to the Site.
General Provisions
Failure by Forbes-Hewlett Transport Inc. to enforce
any provision(s) of this Agreement shall not be construed as
a waiver of any provision or right. This Agreement and
all other aspects of your use of the Site shall be governed
by and construed in accordance with the laws of the Province
of Ontario, without regard to its conflict of laws rules.
All claims and disputes arising out of this Agreement, or your
use of the Site, other than action for specific performance
or injunctive relief brought by Forbes-Hewlett Transport Inc.,
shall be exclusively brought in the federal, provincial, or
local courts located in Ontario, and, with regard to such claims
and disputes, you hereby irrevocably (i) submit to the exercise
of personal jurisdiction over you by those courts and (ii) waive
any jurisdictional, venue, or inconvenient forum objections
to such courts. This Agreement constitutes the entire
agreement between you and Forbes-Hewlett Transport Inc. with
respect to the Site and your use thereof and supersedes all
prior agreements or understandings, whether written or oral,
between you and Forbes-Hewlett Transport Inc. with respect to
the Site and your use thereof. If any provision of this
Agreement is found to be invalid or unenforceable, the remaining
provisions shall be enforced to the fullest extent possible,
and the remaining provisions of the Agreement shall remain in
full force and effect. Not all products and services on
this Site are available in all jurisdictions. If you are
using this Site from outside of Canada, you are responsible
for ensuring that your use of the Site is in compliance with
the law of national jurisdiction. This Agreement inures
to the benefit of Forbes-Hewlett Transport Inc., its successors
and assigns. You may not assign this Agreement or any
of your rights and liabilities hereunder. Any purported
assignment by you in contravention of the foregoing non-assignment
provision shall be null and void. |
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