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Last modified: May 25, 2003
1. Acceptance. Welcome to WEBCARGO.net operated by WEBCARGO, Inc. WEBCARGO.net products and services (collectively, the "Services") are offered by WEBCARGO through Web pages at the URLs http://www.webcargo.net , and pages linked thereto which display the WEBCARGO.net branding bar and which include a footer link to the WEBCARGO.net Terms and Conditions.
By accessing the WEBCARGO.net or using any of the Services, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Service or WEBCARGO.net web site, as all of the same may be modified by WEBCARGO from time to time (collectively the "Terms and Conditions"). Please note that the Terms and Conditions may be updated from time to time without notice to you, so please check back periodically. The most current version of the Terms and Conditions can be found at http://www.webcargo.net
Because the Terms and Conditions contain legal obligations, please read them carefully. Please direct any legal questions to:
Legal Department
WEBCARGO, Inc.
PO Box.329 Stock Exchange Tower
Montréal (Québec)
CANADA
H4Z 1G8
2. Privacy. For information on how user information is collected, used and disclosed by WEBCARGO consult our Privacy Policy .
3. Registration, Accounts and Passwords. Certain of the Services and related features, such as personalization ade available over the WEBCARGO.net web sitet. Should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the WEBCARGO.net web site all activities that occur under such password or account. Further, you agree to notify WEBCARGO of any unauthorized use of your password or account. WEBCARGO shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 3.
4. Rules and Conduct. In consideration of the availability, and your use, of the Services, you agree, while visiting WEBCARGO.net, not to post , transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use WEBCARGO.net or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying WEBCARGO.net, the Services or the Internet; defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through WEBCARGO.net or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder; impersonate or falsely represent your association with any person, including a WEBCARGO representative or forum moderator; and use, reproduce, sell, resell or otherwise exploit WEBCARGO.net or any of the Services for any commercial purposes.
5. Responsibility for Minors. In cases where you have authorized a minor to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any such Services; and (iii) the consequences of any misuse by the minor.
6. Monitoring. You acknowledge that WEBCARGO has no obligation to monitor WEBCARGO.net or any content, products or services (collectively, "Content") accessible through WEBCARGO.net or any of the Services. However, you agree that WEBCARGO has the right to monitor WEBCARGO.net electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate WEBCARGO.net or any of the Services properly, or to protect itself or its users in accordance with WEBCARGO's Privacy Policy. WEBCARGO reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms and Conditions. You understand that by using the Services, you may have access to Content which may be offensive or objectionable to you. Under no circumstances shall WEBCARGO be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any use of, or access to, any such Content.
7. Dealings with Third Parties. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, WEBCARGO.net or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. WEBCARGO assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the user's alone. You agree that WEBCARGO shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
8 WEBCARGO.net and other web based email services made available by WEBCARGO over WEBCARGO.net (collectively "Webcargo.net") are provided on an "AS IS" basis without representations, warranties or conditions of any kind, and you acknowledge and agree that WEBCARGO shall have no responsibility for, or liability in respect of, any aspect of the Send Files, including without limitation for any lost or damaged data or any acts or omissions of WEBCARGO.
If you wish to terminate your WEBCARGO.net account, your only recourse is to discontinue your use of the WEBCARGO.net service. However, you acknowledge and agree that WEBCARGO may terminate your WEBCARGO.net account at any time for any reason or for no reason at all, in WEBCARGO's sole discretion, without prior notice, or any notice.
9. Pay Services. Certain of the Services available over WEBCARGO.net may be offered by WEBCARGO on a payment basis (hereinafter referred to as a "Pay Service"), which Pay Service may be offered by WEBCARGO on a "prepaid" or on a "pay as you use" basis. Should you choose to purchase access to a Pay Service, you will be required to register as described in Section 3 above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide to WEBCARGO at such time. You agree to pay all the fees applicable to such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service purchased through your Pay Service Account will be billed immediately to the credit card you designated for the particular Pay Service Account and are non-refundable. WEBCARGO reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
In connection with the forgoing, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.
In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, (d) that WEBCARGO reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that WEBCARGO reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where WEBCARGO has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of the Terms and Conditions. Any such termination by WEBCARGO shall be in addition to and without prejudice to such rights and remedies as may be available to WEBCARGO, including injunction and other equitable remedies.
10. Disclaimer Regarding Third Party Content. WEBCARGO.net offers access to numerous third party web pages and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through WEBCARGO.net, WEBCARGO generally exercises no control over such third party content, web pages, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You further agree that WEBCARGO shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
11. Service Modifications. You acknowledge and agree that WEBCARGO reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that WEBCARGO will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
12. Termination. You acknowledge and agree that WEBCARGO, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, any of the Services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where WEBCARGO believes that you have violated any of the Terms and Conditions. You further agree that WEBCARGO shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with WEBCARGO.net, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of WEBCARGO in operating the WEBCARGO.net and the Services, your sole and exclusive remedy is to discontinue using WEBCARGO.net and the Services.
13. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) WEBCARGO.NET AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT WEBCARGO MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) WEBCARGO SPECIFICALLY MAKES NO WARRANTIES THAT WEBCARGO.NET OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF WEBCARGO.NET OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WEBCARGO, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WEBCARGO HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR WEBCARGO.NET, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO WEBCARGO.NET OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
15. Indemnity. You agree to defend, indemnify and hold WEBCARGO, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account's: (a) violation of the Terms and Conditions, or (b) use of WEBCARGO.net or any of the Services, or (c) placement, posting or transmission of any message, information, software or other content on WEBCARGO.net or through any of the Services.
16. No License; Intellectual Property of WEBCARGO and Others. Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of WEBCARGO'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 WEBCARGO.net and Services is protected by copyright, trademark, patent, or other proprietary rights of WEBCARGO, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or WEBCARGO.net. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through WEBCARGO.net nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through WEBCARGO.net.
17. Copyright Notices. All information and content contained on, or made available over, WEBCARGO.net are: Copyright © 2003 WEBCARGO and/or its suppliers and users, c/o WEBCARGO C.P. 329 Stock Exchange Tower, Montreal (Québec) H4Z 1G8 CANADA. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.
18. Territory. WEBCARGO.net originate in Canada.
19. Arbitration and Actions. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of WEBCARGO.net or Services or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Montreal, Quebec in French and governed by Quebec law pursuant to the Arbitration Act, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
20. Submission of Ideas and/or Suggestions. WEBCARGO is always improving its website and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO WEBCARGO BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO WEBCARGO, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO WEBCARGO THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT WEBCARGO IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY WEBCARGO, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
21. Miscellaneous. The Terms and Conditions constitute the entire agreement between WEBCARGO and you pertaining to your use of the Services and supercede any prior agreements between you and WEBCARGO. WEBCARGO's failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in French. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en français.
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