TOTAL Transportation Solutions Inc. (“TOTAL”) makes information available on this Web site (this “Site”), subject to the following terms and conditions. By accessing this Site, you agree to these terms and conditions. TOTAL reserves the right to change these terms and conditions at any time without notice. TOTAL reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved by TOTAL. These terms represent the entire understanding relating to the use of this Site and supercede any prior or contemporaneous, conflicting or additional communications.
The materials on this Site are copyrighted and protected by worldwide copyright laws and treaty provisions. You may download one copy of the information (“Materials”) found on this Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by TOTAL in writing. Except as otherwise provided in this paragraph, no portion of this Site may be distributed or reproduced by any means, or in any form, without TOTAL’s prior written permission.
Except where otherwise specified, the contents of this Site are Copyright © 1994 – 2013 Total Transportation Solutions Inc. 20 Casebridge Court, Scarborough, ON M1B 3M5 Canada. All rights reserved.
Use of Software
The software and accompanying documentation available for download from this Site are the copyrighted work of TOTAL and or third parties. Use of the software is governed by the terms of the end-user license agreement which accompanies such software. If no license agreement accompanies the download, the terms of the license agreement which accompanied the original product being updated will govern. Such software is made available for download solely for use by end-users according to such end-user license agreement. You will not be able or permitted to use, download or install any software unless you agree to the terms of such end-user license agreement.
Use of Site Materials and Information
Except as otherwise indicated on this Site, you may view, print, copy, and distribute documents (but not software) on this Site subject to the following terms and conditions:
- (a) The documents may be used solely for informational, personal, non-commercial purposes;
(b) any copy of the documents or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original;
(c) the documents may not be modified in any way; and (d) TOTAL reserves the right to revoke such authorization at any time, and any such use shall
be discontinued immediately upon notice from TOTAL.
- Documents specified above do not include the layout or design of this Site. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.
- Documents specified above do not include logos, graphics, sounds or images on this Site, which may be reproduced or distributed only when expressly permitted by TOTAL.
Submissions, Comments and Feedback
Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information (“Feedback”) that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.
Linking to Site
TOTAL permits anyone to link to this Site subject to the linker’s compliance with the terms and conditions set forth below. A site that links to this Site:
- May link to, but not replicate, content contained in this Site;
- Must not create a frames or border environment or browser around content contained in this Site;
- Must not present misleading or false information about TOTAL’s services or products;
- Must not misrepresent TOTAL’s relationship with the linker;
- Must not imply that TOTAL is endorsing or sponsoring the linker or the linker’s services or products;
- Must not use TOTAL’s logos or trade dress without prior written permission from TOTAL;
- Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
- Must not contain materials that would violate any laws;
- Must agree that the link may be removed at any time upon TOTAL’s request pursuant to TOTAL’s reserved rights to rescind its consent to allow the link.
Links to Other Sites
This Site provides links to third-party Web sites, which are not under the control of TOTAL. We make no representations about any other Web site, that you may access through this one. When you access a non-TOTAL Web site please understand that it is independent from us, and that we have no control over the content on that Web site. In addition, a link to a non-TOTAL Web site does not mean that we endorse or accept any responsibility for the content, or the use, of such Web site.
Viruses and Destructive Code
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
Third-party Products and Services
This Site mentions third-party products and services for informational purposes. TOTAL makes no recommendations or endorsements about any third-party
products and services. References to third-party services and products are provided by TOTAL “as is”, without warranty of any kind, either express
Disclaimer, Limitation of Liability and Indemnification
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND TOTAL, THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED “AS IS”, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.
TOTAL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION
CONTAINED ON THIS SITE. ANY QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER
DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
IN NO EVENT WILL TOTAL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY OF THE MATERIALS PRESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER ECONOMIC ADVANTAGE, EVEN IF TOTAL EXPRESSLY ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD TOTAL HARMLESS FROM, AND YOU COVENANT NOT TO SUE TOTAL FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING
TO, OR BASED ON USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE.
SOME PROVINCES/STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, TOTAL MAKES NO COMMITMENT
TO UPDATE MATERIALS ON THIS SITE.
Products and Services Availability
This Site can be accessed from countries around the world and may contain references to TOTAL services, programs, and products that have not been announced in such country. These references do not imply that TOTAL intends to announce such services, programs, or products in such country.
Governing Law and Forum
TOTAL controls and operates this Site from its headquarters located in the Province of Ontario in Canada. We make no representation that this Site or
its contents are appropriate and available for use in other locations and accessing them from territories where their content is illegal is rohibited. You may not use or export the contents of this Site in violation of Canadian export laws and regulations. If you use this Site from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.
Export Control Laws
Software available on this Site is subject to Canadian export controls.
By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all Canadian export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
The information on export control laws provided herein is not necessarily complete. For more information on export control laws, please refer to ??.
U.S. Government Restricted Rights
inappropriate for our community, we reserve the right to, with or without notice, (a) delete any or all content provided by you or your agent(s) to this Site; (b) terminate your access to this Site; (c) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) take any other action which we, in our sole discretion, deem to be appropriate.