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This Web site is owned and provided by M Pearce Trucking Ltd. You should review this Legal Statement frequently. We reserve the right to change this Web site or these terms and conditions, effective immediately upon notice published on the Service.
Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by M Pearce Trucking Ltd. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service. NOTE: Information on support, telephone numbers and procedures is subject to change without notice. Intellectual Property Unless otherwise indicated, this Web site and its contents (including, but not limited to, all text, photographs, images, video, and audio) are the exclusive property of M Pearce Trucking Ltd. and are protected by copyright, trademark, trade dress, and other laws. (c) 2004 M Pearce Trucking Ltd. All rights reserved. You may print out any of the materials from this site for your personal use only, provided you keep intact all copyright and other proprietary notices. However, you are not otherwise permitted to copy, reproduce, modify, republish, upload, post, transmit, loan, rent, transfer, sell or otherwise distribute any materials from this Web site in any way. The use of any such materials on any other Web site or networked computer environment is also prohibited. If you use the materials other than as permitted in this license, you will be violating M Pearce Trucking Ltd.'s copyright and other proprietary rights. The M Pearce Trucking Ltd. names, logos and trademarks, and other trademarks and trade names owned by M Pearce Trucking Ltd. may not be used in any commercial manner without the prior written consent of MPearceTrucking.com. Communications With Us M Pearce Trucking Ltd. welcomes your comments and questions regarding our products and services. We value your feedback on our products and services, but we request that you be specific in your comments on those products and services, and not submit any creative ideas, suggestions or materials. M Pearce Trucking Ltd. has a company policy that does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. We designed this policy to avoid misunderstandings that might arise when projects developed by M Pearce Trucking Ltd.'s employees may seem to others to be similar to their own creative work. Therefore, we must ask that you refrain from sending us any original creative materials, such as new product ideas or manuscripts. If, despite this request, you do send us any new product ideas, manuscripts or other creative materials, all rights to such materials will become the exclusive property of M Pearce Trucking Ltd. and we will have no obligation either to compensate you or to keep such materials confidential. In addition, although we intend to read all our e-mails from you, we may not be able to respond to all of them. Links This Web site may provide links or reference to other Web sites not under our control. Although M Pearce Trucking Ltd. endeavors to provide links only to sites that are reputable and safe, we are not responsible for the quality, safety, completeness, accuracy, on-going operations or nature of the content of such sites, and will not be liable for any damages arising from your access to such sites. Any links to other sites are provided merely as a convenience to the users of this Web site, and the inclusion of any such links in this Web site does not imply an endorsement of any linked or framed site or the companies who own them. Illegal Use M Pearce Trucking Ltd. servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Security Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Server Abuse Any attempts to undermine or cause harm to a M Pearce Trucking Ltd.'s server or customers are strictly prohibited. This includes the abusive sending of unsolicited email, also known as "Spam." Termination of Service M Pearce Trucking Ltd. reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the Interactive Areas, at any time for any reason without prior notice or liability. M Pearce Trucking Ltd. may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND YOU AGREE TO USE IT AT YOUR OWN RISK. NEITHER M Pearce TRUCKING LTD. NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES M Pearce TRUCKING LTD., ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. NONE OF M Pearce TRUCKING LTD., THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED FROM THIS INFORMATION. NEITHER M Pearce TRUCKING LTD. NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER M Pearce TRUCKING LTD., ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MPEARCETRUCKING.COM SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE, PERFOMANCE OR POSSESSION OF THIS WEB SITE OR ITS CONTENTS OR THE ROAD EXPLORERS SERVICE; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR ITS CONTENTS. SOME PROVINCES MAY NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH PROVINCES, THE LIABILITY OF M Pearce TRUCKING LTD., THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THIS EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MPEARCETRUCKING.COM AND EACH OF THEIR RESPECTIVE AFFILIATES' MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED $100. Miscellaneous This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or provincial courts located in Windsor, ON. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. |
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