TERMS OF USE

 

IMPORTANT: PLEASE READ THIS BEFORE USING THIS WEBSITE.

This website (the “Site”) is operated by Tradetraks Inc. (“Tradetraks”). Throughout the Site, the terms “we”, “us”, and “our” refer to Tradetraks, and the terms “you” and “your” refer to the user of this Site.

 

DEFINITIONS

In these Terms of Use:

• “Third Party Sites” means websites owned, maintained or controlled by third parties, and not by us, to which links are or may be provided on this Site;
• “use” includes accessing, viewing, or copying (in whole or in part) the Site or any part thereof; and
• The captions and headings in these Terms of Use are for convenience of reference only.

 

YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use apply to all users of our Site. By using our Site you expressly agree to comply with and be bound by these Terms of Use which, for clarity, include any and all additional terms, conditions and policies referenced and/or made available herein. If you do not agree to these Terms of Use, you may not access or use this Site.

 

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated by reference herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use shall govern.

 

WHAT WE DO

We provide a custom-made software platform, designed by trade industry professionals to address trade industry challenges (the “Services”).

 

OWNERSHIP OF THIS SITE AND ITS CONTENT

This Site, including all its content, are protected under applicable intellectual property and other laws, including without limitation the laws of the Province of Ontario and the laws of Canada applicable therein. All content contained herein is the property of us pursuant to applicable intellectual property laws.

 

YOUR OBLIGATIONS

This Site and its content may only be used for the purposes described herein and, as such, you will neither use nor attempt to use this Site for any other purpose.

In consideration of your use of this Site, you agree that to the extent you provide personal information to the Site, it will be true, accurate, current, and complete in all respects, and that you will update all personal information from time to time, as necessary. You are personally responsible for the accuracy of all information or data you input into the Site. It is your responsibility to double check all data or information inputted into the Site, for accuracy and completion.

We reserve the right to refuse access to this Site and/or to our Services to anyone for any reason and at any time, in our sole discretion.

In using our Site, you covenant not to transmit any viruses, worms, or anything similar of any nature. Further, you will neither (attempt to) abuse this Site in any way, nor (attempt to) modify this Site in any way, nor (attempt to) disrupt or interfere with the availability or operation of the Site in any way.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of these Terms of Use, without our express written consent.

Any material on the Site (including, without limitation, third party blog posts or advertisements) is provided for general informational purposes only and should not be relied upon or used as the sole basis for making personal decisions. You acknowledge and agree that any reliance on the Site or any material contained therein is at your own risk.

 

REFERRAL LINKS AND AGREEMENTS

Certain hyperlinks on the Site may be controlled by parties other than us. Such third-party hyperlinks may direct you to third party websites that are not controlled by or affiliated with us. You acknowledge and agree that we are not responsible for evaluating the content or accuracy of, and we do not represent or warrant and will have no liability or responsibility whatsoever for, any damages or losses of any nature arising from, or caused or contributed by, directly or indirectly, your use of any Third Party Sites, products or services. You acknowledge that you bear all associated risks regarding the access to and use of such third-party hyperlinks and you hereby release us from any loss or damage incurred from dealing with such third party hyperlinks or websites.

 

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, OR ANY HYPERLINKS REFERENCED HEREIN WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES TOWARDS THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY DAMAGES, COSTS, LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY NATURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT IN ALL CASES OUR LIABILITY FOR ANY DAMAGES, COSTS, LOSSES OR INJURY RELATING TO OR CAUSED OR CONTRIBUTED BY, DIRECTLY OR INDIRECTLY AND IN ANY MANNER WHATSOEVER, YOUR USE OF THIS SITE OR THE SERVICES, IS STRICTLY LIMITED TO THE AMOUNT OF CONSIDERATION PAID BY YOU TO US, IF ANY, FOR THE USE OF THIS SITE AND/OR THE RECEIPT OF SUCH SERVICES.

 

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

 

SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, illegal, invalid, or unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

 

GOVERNING LAW, JURISDICTION AND VENUE

These Terms of Use will be governed under the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be under the jurisdiction of the courts of the Province of Ontario. You hereby irrevocably attorn to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

 

INDEMNITY

You agree to indemnify, defend and hold us harmless from any loss, damages, liability, claim, or demand, including reasonable legal fees, made against us by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or if any material that you post using this Site causes us to be liable to any third party.

 

TERMINATION

The obligations and liabilities set out herein shall survive indefinitely, for all purposes.

We do not warrant that the Site will be available at all times and, in that case, interruptions of the Site may occur at any time with or without notice (e.g. for maintenance or technical reasons).

 

THESE TERMS OF USE MAY CHANGE

These Terms of Use are current as of the date in which you access the Site. We reserve the right to change these Terms of Use from time to time and without notice to you. Any such changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your express agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you shall immediately cease using this Site. You can review the most current version of these Terms of Use at any time by visiting this webpage.

 

ACCURACY OF DATA

All of the content that is found on the Site is believed to be accurate and reliable as of the date it was posted. However, while our best efforts are used to ensure that the content on the Site is accurate and reliable, we do not provide a guarantee that the content on the Site is accurate and reliable at all times and accordingly, you should not rely on any of the content on this Site for any purpose whatsoever.

 

CONTRACT

These Terms of Use constitute a binding agreement between you and us and, therefore, we may rely upon and enforce the terms herein described.

 

ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy) contain the entire understanding and agreement between you and us with respect to this Site, and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and us with respect to this Site and your use of this Site.

It is acknowledged and agreed by you that any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

QUESTIONS

If you have any questions about this Site or these Terms of Use, please contact us via mail at info@tradetraks.ca.