Legal Notices and User Agreement
The www.loadtrak.com web site (referred to as the "Web Site") is owned and controlled by LoadTrak. This page is the agreement stating the terms and conditions upon which you may use this Web Site. Please read it carefully before accessing and/or using the Web Site. Access to and/or use of the Web Site will constitute your express and unconditional acceptance to the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not access or otherwise use our Web Site.
Revisions - LoadTrak reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Such modifications shall be effective immediately upon posting of the modified Agreement on the Web Site. You agree to review this Agreement periodically to be aware of such modifications. Your continued use of the Web Site shall be deemed your conclusive acceptance of the modified Agreement.
Right of LoadTrak to Change, Discontinue or Restrict Access to Web Site - LoadTrak, at its sole discretion, may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database or content and may terminate this Agreement at any time. LoadTrak may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. LoadTrak reserves the right, at its sole discretion, to correct any errors or omissions in any part of the Web Site.
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ACCESS TO THE WEB SITE
Right of Access - This Agreement provides you with a non-exclusive grant of access to and use of the Web Site and the Internet links contained on the Web Site at the sole will and discretion of LoadTrak and is subject to your continuing compliance with the terms and conditions of this Agreement. You are entitled solely to those privileges explicitly set forth in this Agreement.
Web Site Policies - There may be other policies posted on the Web Site, such as our Privacy Policy. Please review these policies as they also govern your visit to this Web Site.
Not a License - This Agreement is not a transfer or a license of any of LoadTrak's rights or its content or the content of third parties displayed on or accessed through the Web Site.
Links and Pointers - This Web Site may contain links to other web sites that are not under the control of LoadTrak and LoadTrak is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. LoadTrak provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by LoadTrak of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review.
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COPYRIGHT AND TRADEMARKS
Copyright - Everything on this site is copyrighted unless otherwise noted. The copyrights are owned by LoadTrak or the original creator of the material. However, you are free to view, copy, print, and distribute LoadTrak material from this site, as long as:
1. The material is used for information only.
2. The material is used for non-commercial purposes only.
3. Copies of any material include LoadTrak's copyright notice.
4. The material is not modified by you.
You require our written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.
Trademarks - www.loadtrak.com, LoadTrak and LoadTrak and LoadTrak logos, along with the names of most LoadTrak products and services referenced on this Web Site are trademarks of LoadTrak. Other product and company names appearing on the Web Site are the trademarks of their respective owners. You may not use these or any other LoadTrak or third party trademarks, logos or service marks without the written permission of LoadTrak or any other applicable trademark or service mark owner. You agree that you cannot use LoadTrak's logo to link to this Web Site without our express written consent.
USE OF THE WEB SITE
No Unlawful or Prohibited Use of the Web Site - You agree that you will not use any information contained in this Web Site or the links to this Web Site in any claims, proceedings, suits or actions against LoadTrak, its suppliers or affiliates. You agree that you will not upload, post or transmit to, or distribute, or otherwise publish through the Web Site any content which: (i) restricts or inhibits any other user from using and enjoying the Web Site; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent or is otherwise unacceptable to LoadTrak; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law or governmental regulation; (iv) violates, or infringes upon the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful or destructive elements; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising of any kind.
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No Representation or Warranties by LoadTrak - You agree that the Web Site, including all content, software, functions, materials and information made available on or accessed through the Web Site, is provided to you at your own risk for your personal non-commercial use and on an "as is, as available" basis. To the fullest extent permissible by law, LoadTrak makes no representations, endorsements, conditions or warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, with respect to LoadTrak, the Web Site, or any content, merchandise, information or service provided through the Web Site or on the Internet generally or the functions made accessible by any software used on or accessed through the Web Site, or any hypertext links to third party web sites or for any breach of security associated with the transmission of sensitive information through the Web Site or any linked site. LoadTrak does not warrant that the Web Site, the functions contained in the Web Site or any content contained therein will be uninterrupted, error free or that defects will be corrected.
Computer Viruses and Other Malicious Code - LoadTrak assumes no responsibility and shall not be liable for any damages resulting from malicious code incurred on the Web Site on account of your access to, use of or browsing in the Web Site or your downloading of any materials, data, text or images from the Web Site. Malicious code includes, but is not limited to, computer viruses, Trojan horse programs, worm programs, and active web page content which includes but is not limited to ActiveX, Java, and JavaScript.
Limits on Use - The Web Site is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, video tape, audio tape, create derivative works from, transfer, reverse engineer, download, display, post, record "mirror", commercially exploit, any part or aspect of this Web Site in any form, or any information found at this Web Site, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise without the prior written consent of any applicable copyright holders. You may not sell any content, information, software, products or services obtained from the Web Site by any means whatsoever.
Monitoring - LoadTrak has no obligation to monitor the Web Site. However, you agree that LoadTrak has the right to monitor the Web Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Web Site properly, or to protect itself or its customers. LoadTrak will not intentionally monitor or disclose any private electronic-mail message unless required by law. LoadTrak 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 this Agreement.
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PERSONAL INFORMATION AND COMMUNICATIONS
License to LoadTrak in Communications - By posting messages, uploading files, inputting data, or engaging in any other form of communication (referred to as "Communications") through the Web Site, you are granting LoadTrak a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to; use, copy, sublicense, adapt, distribute, reproduce, modify, edit, transmit, publicly perform or display any such Communications or otherwise fully exploit such Communications in all media now known or hereafter developed; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communications. The foregoing include the right to exploit any proprietary rights in such Communications, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Waiver of Rights Against LoadTrak - You hereby waive all rights to any claim against LoadTrak for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and other rights in connection with such Communications.
Communications Not Confidential - You acknowledge that Communications involving the Web Site are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to LoadTrak, no confidential, fiduciary, contractually implied or other relationship is created between you and LoadTrak other than:
a. pursuant to this Agreement;
b. pursuant to an existing agreement; or
c. where the purpose of the Communications was to order products and/or services, pursuant to the agreement for such products and/or services.
Please note that while LoadTrak has employed certain security features to protect your personal information while sending Communications or ordering products and services through the Web Site, LoadTrak cannot guarantee that information you voluntarily disclose and send on this medium will be kept private. LoadTrak takes no responsibility for your use of the Internet to send personal information to LoadTrak or any other party.
Use by LoadTrak of Personal Information - You acknowledge that LoadTrak collects, uses and discloses personal information for the identified purposes set forth in the LoadTrak Privacy Policy. From time to time, you may choose to submit personal information to LoadTrak through this Web Site. By submitting such information, you consent to collection, use and disclosure of such information in accordance with the principles set forth in the LoadTrak Privacy Policy. For details concerning the LoadTrak Privacy Policy, please click on this link.
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PURCHASE OF PRODUCTS OR SERVICES FROM SASKTEL
Buying Over the Internet - When making purchases or other transactions through this Web Site or the Internet, you may be asked by LoadTrak or the merchant or information or service provider to supply certain information to identify you, your credit worthiness or other identifying information. You agree that all information you choose to provide LoadTrak, any merchant or information or service provider through the Web Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases made on the Web Site. LoadTrak is in no way responsible for any charges you or any user of your account incurs when making purchases or engaging in other transactions on this Web Site.
General Warranty Disclaimer - Unless otherwise specified in the contract for the goods and services, all goods and services that may be ordered from this Web Site are provided "as is" and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are denied and disclaimed. Except where specified, all goods and services that may be ordered from this Web Site are for consumer end use only. Except as otherwise expressly agreed, LoadTrak makes no representations, warranties, covenants or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the content of this Web Site, or any goods or services that may be provided or sold in any connection with this Web Site. Any representations, warranties, conditions or covenants regarding any goods or services referred to on this Web Site are only as stated in the applicable contract and terms of service for such goods and services.
Non-Tariffed Products and Services - - All LoadTrak products and services are subject to the Terms of Service and other applicable conditions of SaskTel’s Non-Tariffed Products and Services document. The Terms of Service can be accessed by clicking on this link.
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Availability - Information provided on the Web Site may contain references or cross references to products and services that are not available in your local area. LoadTrak makes no representations, conditions or warranties as to the availability of such products and services in your local area and such references do not imply that LoadTrak intends to provide such products or services in your local area. LoadTrak recommends that you consult with your nearest LoadTrak business office or retail outlet for information regarding the products and services which may be available to you in your local area.
LIMITATION OF LIABILITY
You understand that LoadTrak does not operate, control, or endorse any information, products or services on the Internet in any way nor does LoadTrak represent or endorse the accuracy or reliability of any advice, opinion, statement or other content accessed from any third party site that may be accessed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or content shall be at your sole risk. You agree that LoadTrak shall not be liable for any cost or damage arising either directly or indirectly from any such opinions, advice, services, merchandise and other content.
You agree that in no event will LoadTrak, or LoadTrak 's respective officers, directors, employees, agents and contractors be liable for: (i) direct damages; (ii) any incidental, consequential, special or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information) arising out of the use of or inability to use this Web Site, or any content or transactions entered into on the Web Site, even if LoadTrak, its affiliates or its authorized representatives have been advised of the possibility of such damages; or (iii) any claim attributable to errors, omissions, or other inaccuracies in the Web Site and/or content, materials or information downloaded through the Web Site; or (iv) any injury, sickness, disease, death, damages, claims, or liability arising out of or attributable to the use by anyone of the Web Site or of any hardware, including any television set, monitor, or screen, for the purpose of accessing and/or viewing the Web Site.
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Indemnity
You agree that you and all persons you authorize to use the Web Site have read and will comply with the terms of this Agreement. You are solely responsible and liable for actions which are in contravention of this Agreement or any applicable law. You agree to indemnify, defend and hold harmless LoadTrak and its respective officers, directors, employees, agents and contractors from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement or in connection with your use of the Web Site, including negligent or wrongful conduct by you, by any persons allowed by you to access the Web Site or by any other person accessing the Web Site or services provided pursuant to the Web Site using your identification or password (where applicable). The provisions of this paragraph are for the benefit of LoadTrak and its respective officers, directors, employees, agents and contractors. Each of these entities or individuals shall have the right to assert and enforce these provisions directly against you on its own behalf. LoadTrak reserves the right, at its own risk, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
Severability - If any part of this Agreement is held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.
Governing Law and Jurisdiction - This Web Site (excluding linked web sites) is owned and controlled by LoadTrak from its offices within the Province of Saskatchewan, Canada and originates in Canada. This Web Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Saskatchewan, by accessing this Web Site, you agree that all matters relating to access to, or use of, this Web Site, shall be governed by the applicable laws of the Province of Saskatchewan and of Canada, without regard to the choice of law principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Saskatchewan or, where applicable, the Federal Court of Canada in connection with any dispute or claim involving you, LoadTrak, or the Web Site. You hereby acknowledge that you do so voluntarily and are responsible for complying with local laws.
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Contests - Any contests or promotions offered by the Web Site whereby a user may become eligible to win a prize are not open to residents of the Province of Quebec.
Assignment - LoadTrak may assign its rights under this Agreement and its ownership of the Web Site or any interest therein at any time without notice to you. You may not assign your rights under this Agreement to anyone.
No Waiver - No failure or delay by LoadTrak in exercising any right, power or privilege as provided in this Agreement or at law shall operate as a waiver thereof. Nor shall any single or partial exercise of any right, power or privilege preclude any other further exercise of such right, power, or privilege. LoadTrak 's rights and remedies hereunder are cumulative and not exclusive of any rights or remedies otherwise provided at law.
Headings - The headings and sub-headings given to portions of this Agreement are intended for reference only and shall not affect the construction or interpretation of this Agreement.
Modification by LoadTrak - This Agreement, as modified from time to time by LoadTrak, including any links referred to in and forming an integral part of this Agreement, shall constitute the entire agreement between LoadTrak and you and any of your users of the Web Site.
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Printed Version of Agreement - A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Web Site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by LoadTrak.
Prices - All prices quoted on this Web Site are in Canadian Dollars and do not include applicable taxes, or shipping and handling charges.
Survival of Certain Sections - The sections of this Agreement appearing under the headings "Copyright and Trademarks", "No Representations or Warranties by LoadTrak", "License to LoadTrak in Communications", "Limitation of Liability", "Indemnity", and "Governing Law and Jurisdiction" shall survive the termination of this Agreement.
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Notices - Notices by LoadTrak to you may be given by means of electronic message through email or by a general posting on the Web Site.
Language - The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.
All rights not expressly granted within this Agreement are reserved without limitation by LoadTrak.
Copyright © 2006 LoadTrak. All rights reserved.
Last Modified: January 2005
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Aero Astro Anti-Fraud & Abuse Policy
1. General Statement of Policy Company's Services are available only to Subscribers who
1.1 Access Company Service using Company-authorized equipment in the manner such equipment is designed to be used,
1.2 are not using Company Service in furtherance of criminal or harassing activity,
1.3 pay all charges incurred.
Any other connection to or use of Company's System will be considered to be fraud or abuse. Company is under no obligation to supply Service to any person suspected of engaging in fraud or abuse.
2. Fraud. Examples of subscriber fraud include:
2.1 Accessing or attempting to access Company Service by using an unauthorized device or by tampering with or altering authorized user terminal equipment;
2.2 Obtaining or attempting to obtain permission to access Company Service by providing false or misleading information;
2.3 Obtaining Company Service without having the intent to pay charges incurred;
2.4 Intentionally interfering with or causing disruptions in Company's provision of Company Service to other subscribers; and
2.5 Selling or otherwise transferring a Company access number or account to another person.
3. Abuse. Examples of subscriber abuse include:
3.1 Using Company Service to further criminal activity;
3.2 Using Company Service to make unwanted foul or profane expression, to impersonate another person with fraudulent or malicious intent, or to call another person so frequently or at such times of day or in any other manner with the intended effect of annoying, threatening or harassing such other person; and
3.3 Using Company Service in a manner that interferes unreasonably with the use of Company Service by one or more other subscribers.
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