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The following terms and conditions (the "Terms and Conditions")
govern your access to and use of this web site (the "Site"). By
accessing and using the Site, you accept and agree to be bound by
and comply with these Terms and Conditions. If you do not accept
and agree to be bound by these Terms and Conditions, please do not
access or use the Site.
Changes to these Terms and Conditions
Purolator Courier Ltd. ("Purolator") reserves the right to change
these Terms and Conditions at any time without notice. Your continued
access to or use of the Site after any changes to these Terms and
Conditions indicates your acceptance of such changes. It is your
responsibility to review these Terms and Conditions regularly.
Changes to the Content of the Site
Purolator reserves the right to change any information, material
or content contained on the Site (the "Content") at any time, and
from time to time, without notice.
Other Terms and Conditions
These Terms and Conditions must be read by you together with any
other terms, conditions or disclaimers contained on the Site. In
the event of any conflict between these Terms and Conditions and
any other terms, conditions or disclaimers contained on the Site,
the latter will govern. The products and services of Purolator and
its subsidiaries and affiliates are subject to other terms and conditions
governing their use. (For example, see Purolator's terms
and conditions of carriage.)
Ownership
All Content, including (without limitation) all designs, graphics,
pictures, illustrations, software, artwork, video, music, sound,
names, words, titles, phrases, logos and marks displayed on the
Site, are owned or licensed by Purolator and are protected by copyright,
trade-mark and other intellectual property laws and treaty provision
laws.
No Unlawful or Prohibited Use
You agree that you will not, without Purolator's prior written permission,
use the Site and the Content for purposes other than your own personal,
non-commercial use and benefit. You also agree that you will not,
without Purolator's prior written permission, frame the Site or
the Content or any part thereof on any commercial or non-commercial
internet web site. You acquire absolutely no rights or licences
to the Site or the Content, other than the limited right to use
the Site and the Content in accordance with these Terms and Conditions.
You agree that you will not use the Site for any purpose that is
unlawful. Except as expressly provided in these Terms and Conditions,
any reproduction, retransmission, distribution, sale, republication,
modification, translation of or creation of derivative works based
on the Site or the Content, in whole or in part, and any decompilation,
disassembly, reverse engineering or other exploitation of the Site,
without Purolator's prior written permission, is strictly prohibited.
Restrictions on Access and Use
Purolator reserves the right to restrict or prevent your access
to or use of the Site if your access or use is deemed by Purolator,
in its sole and absolute discretion, to be detrimental in any respect
to the operation of the Site or the access or use of the Site by
anyone else. For greater certainty, you agree to cease and desist
from any such detrimental access or use immediately upon request
by Purolator.
Third Party Sites
The Site may provide links to third party web sites. Purolator does
not endorse the information contained on those web sites or guarantee
their quality, accuracy, reliability, completeness, currency, timeliness,
non-infringement, merchantability or fitness for any purpose. The
content in any linked web site is not under Purolator's control,
and if you choose to access any such web site, you do so entirely
at your own risk.
Viruses
The downloading of Content is done at your own risk. Purolator cannot
and does not guarantee or warrant that the Site or the Content are
compatible with your computer system(s) or that the Site or the
Content will be free of viruses, worms, trojan horses or disabling
devices or other code that manifests contaminating or destructive
properties. You are responsible for implementing safeguards to protect
the security and integrity of your computer system(s), and you are
responsible for the entire cost of any service, repairs or connections
of and to your computer(s) system that may be necessary as a result
of your use of the Site.
Communications Not Confidential
Purolator does not guarantee the confidentiality of any communications
made by you via e-mail or otherwise through the Site.
Disclaimer and Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR
OWN RISK. PUROLATOR DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES
OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS,
CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. PUROLATOR DOES
NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES
IN THE SITE OR THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, PUROLATOR DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT
TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL PUROLATOR BE LIABLE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE,
LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES),
WHETHER OR NOT PUROLATOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE
SITE OR THE CONTENT.
Geographic Application of the Site
Not all of the products and services described on the Site are available
in all jurisdictions. Furthermore, nothing on the Site constitutes
an offer or solicitation to buy or sell any product or service to
anyone in any jurisdiction in which such an offer or solicitation
is prohibited by law.
Governing Law
These Terms and Conditions are governed by the laws of the Province
of Ontario and the applicable laws of Canada. These laws apply to
your access to or use of the Site or the Content, notwithstanding
your domicile, residency or physical location. The Site and the
Content are intended for use only in jurisdictions where they may
lawfully be offered for use.
Entire Agreement, Waiver and Severability
These Terms and Conditions constitute the entire agreement between
Purolator and you pertaining to the subject matter hereof and supersede
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Purolator with respect
to the Site. A printed version of these Terms and Conditions and
of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to these Terms
and Conditions to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form.
Purolator's failure to insist upon or enforce strict performance
of any provision of these Terms and Conditions shall not be construed
as a waiver of any provisions or right.
If any of the provisions contained in these 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 contained herein.
COPYRIGHT AND TRADE-MARK NOTICES
© Purolator Courier Ltd. 2003. All rights reserved. No part of the
Site or the Content may be reproduced, modified, distributed, sold,
published, broadcast, retransmitted or circulated in any form without
the prior written consent of Purolator, except to the extent that
such use is for your personal, non-commercial use (to request such
consent, please contact Purolator's General Counsel at 1-800-326-4963).
All copies must include this copyright notice.
"Purolator" is either a registered trade-mark or trade-mark of
Purolator Courier Ltd. in Canada and/or other countries.
Any rights not expressly granted herein are reserved.
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