Visiting the Website
Welcome to the website of the Fraser Transportation Group Partnership (the “Website”). These terms and conditions (the “Terms”) form a contract between Fraser Transportation Group Partnership and users of the Website (“you”), and we ask that you read them carefully. By accessing the Website, you accept and agree to be bound, without qualification, by the Terms. Fraser Transportation Group Partnership’s failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or rights it may have under the Terms. Fraser Transportation Group Partnership may at any time, without notice, revise the Terms, effective when posted, and/or change any aspect of the Website, without any liability to you. By continuing to use the Website, you agree to be bound by such revisions to the Terms, and agree to periodically revisit this page to review the current version of the Terms, as modified from time to time. If you do not agree to the Terms, please do not use the Website. These Terms were last updated on January 8, 2014.
Right to Use
The Website, including any web pages, text, images, sounds, software, information in all forms, text, logos, graphics, icons and other data, elements, or information contained in the Website (the ‘Content”), is provided for general informational purposes only. You may view, share and print out web pages from the Website for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content, without the Fraser Transportation Group Partnership’s consent. Except as expressly permitted by the Fraser Transportation Group Partnership, you may not use the Website or the Content for any commercial purposes whatsoever.
Prohibited Use of the Website
You may not use the Website to engage in any unlawful activity or to infringe the rights of the Fraser Transportation Group Partnership, its partners, affiliates, or related entities. You further agree that you will not and you will not allow your employees or agents to: (i) interfere with the operation of the Website, in any way or interfere with anyone’s use or enjoyment of the Website, or use the Website to gain unauthorized access to any computer systems; (ii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iii) impersonate any person or entity on or through the Website; (iv) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; or (v) copy, reproduce, republish, upload, post, transmit, distribute, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Website or any of the Content other than as may be expressly permitted in writing by the Fraser Transportation Group Partnership (and only provided you do not modify it or alter or remove any marks, disclaimers or copyright or trade-mark notices) or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws. You agree to abide by all additional rules, policies, and restrictions of which you are provided with notice that apply to the Website.
Use of Information
Copyright and Trade-marks
Copyright: The Content is the exclusive property of the Fraser Transportation Group Partnership or, as applicable, its suppliers and partners, and is protected under the copyright laws of Canada and other countries. All rights are reserved. Any infringement of the Fraser Transportation Group Partnership’s rights will result in appropriate legal action.
Trademarks: The Fraser Transportation Group Partnership’s trade-marks are valuable assets and Fraser Transportation Group Partnership takes infringement of them seriously. All names, marks, brands, titles, slogans, logos, icons, graphics, trade dress or trade names, designs and other designations within the Website are registered and unregistered trade-marks (or, as the case may be, official marks) of the Fraser Transportation Group Partnership and other parties (“Trade-marks”) in Canada and other countries. Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trade-mark displayed on the Website without the written permission of the Fraser Transportation Group Partnership or the applicable Trade-mark owner. Misuse of any Trade-mark or the Content by you is strictly prohibited.
Legal Limitations and Indemnification
Disclaimer: While the Fraser Transportation Group Partnership makes every effort to ensure the accuracy of the information presented here, the Website is provided on an “as is” basis for informational purposes only. While the Website is regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. The Content is provided “as is” without any representation, warranty or condition of any kind, either express, implied, or statutory including, but not limited to, implied representations, warranties or conditions of merchantability, merchantable quality, currency, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights, or interoperability of products and services. Your use of the Website is at your own risk. By using the Website, you acknowledge and agree that neither the Fraser Transportation Group Partnership nor any of its partners, suppliers or affiliates or any other party involved in creating, producing, or delivering the Website is liable for any errors or omissions in the context of the Website nor for any direct, special, incidental, consequential, indirect, or punitive damages arising out of your use or misuse of the Website, the Content or the information contained therein or your reliance thereof, including, but not limited to, business interruption, loss of use, data, information or profits, or any pecuniary loss (regardless of the form of action, including but not limited to contract, negligence, civil liability, or other tortious act). This limitation applies even if the Fraser Transportation Group Partnership has been advised of, or foresees, the possibility of any damages occurring.
Viruses: The Fraser Transportation Group Partnership and its partners, suppliers and affiliates assume no responsibility, and shall not be liable, for any damages to or viruses that may infect your computer equipment or other property as a result of your use of the Website or your downloading of any of the Content from the Website.
Governing Law: By accessing the Website, you agree that the laws of British Columbia (and those of Canada applicable therein) will govern the Terms and apply to any issue that might arise regarding this Website, excluding rules of private international law that lead to the application of the laws of any other jurisdiction, and that such dispute will be settled or adjudicated in British Columbia. Access to the Website from locations where the Content is illegal is prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all laws applicable in your jurisdiction.
Indemnity: You agree to defend, indemnify and hold the Fraser Transportation Group Partnership and all of its agents, directors, employees, partners, suppliers, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any claim or demand arising out of any violation of the Terms by you, or in connection with your use or misuse of the Website or the Content.
Right to Terminate Access: If you breach any provision of the Terms, you may no longer access or use the Website or the Content. The Fraser Transportation Group Partnership, in its sole discretion, may terminate your right to use the Website or the Content at any time, for any reason, without any notice to you and without any liability to you or any other person. If the Fraser Transportation Group Partnership terminates your right to use the Website, the Terms will nevertheless continue to apply and be binding upon you in respect of your use of the Website prior to the termination of the Terms, any of the Content obtained by you from the Website, and anything connected with, relating to or arising from those matters.
We Do Not Endorse or Recommend Particular Businesses or Services
The information provided on the Website, including any of the Content, is for information and reference only. The Fraser Transportation Group Partnership does not endorse or recommend any third party’s facility, business or event identified on the Website or make any representations or warranties as to their reliability, financial condition or suitability for a particular purpose.
Links to Other Sites
From time to time the Website may facilitate access by hypertext links to other websites not maintained by or related to the Fraser Transportation Group Partnership (the “Third Party Sites”). The Third Party Sites are entirely independent of the Website and shall not in any manner be construed as implying any affiliation with or endorsement, representation or warranty by the Fraser Transportation Group Partnership of the Third Party Sites or any entity or the content, advertising, products, services, information, materials, opinions or links to other sites on or available on the Third Party Sites (the “Third Party Content”). The Fraser Transportation Group Partnership does not review or monitor the Third Party Sites and is not responsible or liable for any of the Third Party Content. You further acknowledge and agree that the Fraser Transportation Group Partnership will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the Third Party Sites or the Third Party Content. The reproduction and use of any content linked to the Third Party Sites is subject to the conditions that the owners of the Third Party Sites may impose, and is at your own risk. You are encouraged and advised to review the posted terms and conditions of all websites you visit.
No Contract or Offer
No part of the Website should be taken to constitute an offer or solicitation to buy or sell products or services. Except for your agreement to abide by these Terms, use of the Website does not create any contract or agreement between you and the Fraser Transportation Group Partnership, nor any obligation of the Fraser Transportation Group Partnership to you.
The Terms constitute the entire agreement between you and the Fraser Transportation Group Partnership with respect to the Website, the Content, and any information obtained through the Website by any communication with the Fraser Transportation Group Partnership’s personnel.
Submissions to the Website
From time to time you may be required to submit information through the Website. All information you provide through the Website must be true, accurate, and complete. Fraser Transportation Group Partnership will rely on the information you provide. If you submit incorrect or incomplete information, you will be responsible for any loss, damage, or additional costs you, the Fraser Transportation Group Partnership, or others may incur as a result.