TERMS OF SERVICE
Last updated April 13, 2020
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on
behalf of an entity (“you”) and Truckerswelcome.ca (“we,” “us” or “our”), concerning your access to and use
of the [website as well as any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms
and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly
prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and
you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You
will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any
revised Terms and Conditions by your continued use of the Site after the date such revised Terms and
Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a
minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using
the Site.
USER REPRESENTATION AND CONTRIBUTIONS
By using the Site, you represent and warrant that:
- all information you submit will be true, accurate, current, and complete
- you will maintain the accuracy of such information and promptly update such information as necessary;
- you have the legal capacity and you agree to comply with these Terms and Conditions
- you are not under the age of 13
- not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental
permission to use the Site];
- you will not access the Site through automated or non-human means, whether through a bot, script, or
otherwise;
- you will not use the Site for any illegal or unauthorized purpose;
- your use of the Site will not violate any applicable law or regulation.
The Site will encourage businesses to submit their status and their business information and any additional
information that may be necessary to serve its customers (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party websites to encourage the
sharing of information for our truckers and businesses alike. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these Terms and Conditions.
- you have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Site and
these Terms and Conditions.
- your Contributions are not false, inaccurate, or misleading to your best efforts.
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- your Contributions do not advocate the violent overthrow of any government or incite, encourage, or
threaten physical harm against another.
- your Contributions do not violate any applicable law, regulation, or rule.
- your Contributions do not violate the privacy or publicity rights of any third party.
- your Contributions do not contain any material that solicits personal information from anyone under
the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- your Contributions do not violate any federal or state law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
- your Contributions do not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- your Contributions do not otherwise violate, or link to material that violates, any provision of these
Terms and Conditions, or any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the Site (or any portion
thereof).
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in,
among other things, termination or suspension of your rights to use the Site.
SOCIAL MEDIA AND THIRD-PARTY SERVICES
As part of the functionality of the Site, you may share the Site with online accounts you have with
third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your
Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party
Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service provider of the Third-Party
Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Examples of separate agreements outside of the Site include (but are not limited to):
We make no effort to review any Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You can deactivate the connection between the Site and your Third-Party Account through your account
settings (if applicable). We will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile picture that become associated with your
account.
Instructions for these services can be found for each of our Social Network Content can be found at each of
the websites below:
PRIVACY POLICY AND USER DATA
Our policy is that we respect your privacy, we will not share your information with other parties to either
monetize or sell to other services to generate revenue. The Site is intended to be never monetized and is
never intended to do so. As such, we will honor data sovereignty laws such as California Consumer Privacy
Act (CCPA) or EU’s General Data Protection Regulation (GDPR) as we intend to never store or monetize
personal identifiable information including your location information to provide our services to you.
While we will do our best efforts to remove any personal identifiable information, we may maintain certain
data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your
use of the Site this includes your location information however we will enforce our best efforts to ensure
that the information will be anonymized or pseudo-anonymized to ensure that the information cannot be
reasonably attributed to any single individual.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption of such data.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The
Site may not be used in connection with any commercial endeavors except those that are specifically endorsed
or approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users
by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected
to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for
any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop,
or distribute any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or
other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
MODIFICATIONS, INTERRUPTIONS, AND AVAILABILITY
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any
time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site during any downtime or
discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or
to supply any corrections, updates, or releases in connection therewith.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”)
are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of Canada, United States, foreign
jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may
be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or
through the Site infringes upon any copyright you own or control, please immediately notify us using the
contact information provided below (a “Notification”). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the
Site infringes your copyright, you should consider first contacting an attorney.
GOVERNING LAW
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the
laws of the Province of Ontario applicable to agreements made and to be entirely performed within the
Province of Ontario, without regard to its conflict of law principles.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim,
or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out
of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach
of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful
act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the
entire agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions
and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a
result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not
be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and
Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM AND TERMINATIONS
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BUT NOT LIMITED TO BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT
AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the
Site, please contact us at: help@truckerswelcome.ca
Akouto is covering the costs for DNS and Email services as well as some of the cloud computing resources for this project.
We are grateful to have a major part of our supply chain like Amazon supporting Truckers Welcome by providing the resources need to host Truckers Welcome in the AWS cloud.
Standard plan free of charge for 90 days to allow our team to collaborate on this application.
Thank you to Google Cloud for free trial credits to access the Google Map APIs.