Truck and Trailer - Canada's #1 Source for Buying and Selling New & Used Heavy Trucks & Trailers.
Terms of Service
Thank you for visiting the Truck and Trailer website (the “website”). The website is owned by Newcom Media Inc. (together with its affiliates, “Newcom”). Please read these terms of service carefully before using the website – by using the website you agree to comply with all the terms of service set out below. If you do not agree to the terms of service, you may not use the website. Newcom may at any time revise these terms of service. You are bound by any such revisions forthwith upon the same being posted on this website, and you should therefore periodically visit this page to review the then current terms of service to which you are bound.
Intellectual property: The website is protected by copyright, trade-mark and other applicable intellectual property and proprietary rights and laws. Nothing contained on the website should be considered as granting, by implication, estoppel or otherwise, any license or right to use any image, graphics, trade-marks, logos or other names of parties displayed on the website, including without limitation those identifying Newcom, or their respective products or services displayed on the website except as expressly set forth below.
Third parties: The web sites accessed via links or other means from the Newcom website have been independently developed by third parties, including without limitation dealers and members. Newcom does not control these web sites or any information, material, content, postings or links (collectively, “content”) displayed on them and is not responsible for them including for their availability, content or any viruses accessed through them. Newcom takes no responsibility whatsoever for the activities or business practices of any third parties such as buyers, sellers, dealers and members. The inclusion of any content on the Newcom website from a third party should not be construed as an express or implied endorsement, representation or warranty of any third party or its web site, content, product or service or as an association, directly or indirectly, with its owners or operators.
Limited license: No content from the website may be copied, modified, displayed, performed, reproduced, used, published, licensed, uploaded, posted, transmitted or distributed in any way whatsoever except that you may download one copy of the content on any single computer, for your personal non-commercial use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content, and you may not sell, copy, modify, distribute, transmit, display, perform, reproduce, use, publish, rent, lease, lend, sub-license, create derivative works from, transfer or otherwise deal with any content residing on the website or any of your rights under this agreement to anyone else. You agree that you will not attempt to decipher, decompile, disassemble or reverse engineer any of the software included in the website.
Use of website: The website and any content found on or through the website may be used only for lawful purposes by persons seeking to sell the products and services displayed on the website and persons seeking to purchase such products and services. You agree to abide by all copyright notices, information and restrictions contained in any content on the website or accessed through the website, and you will not alter or delete any copyright or proprietary notices from the website. You shall not upload to, distribute to, or otherwise post, disseminate or transmit through the website any content of any kind which is libellous, defamatory, vulgar, obscene, pornographic, harmful, threatening, harassing or abusive, or which violates any law, or which infringes or violates any rights of another person, or which is inaccurate or irrelevant, or which contains a virus or corrupted data, or which contains a solicitation of funds, advertising or promotion or a solicitation for goods or services of Newcom or of any person found on or through the website, or which constitutes any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity that requires an up front or periodic payment or that requires recruitment of other members, sub-distributors or sub-agents. You will not impersonate any other person or delete or revise any content posted on the website by any other person, or take any action that interferes or attempts to interfere in any way with the operation or security of the website or that adversely affects the availability of its content to other users.
Liability: You will be solely responsible for any content that you make available through the website, and you will also be liable for any loss or damage resulting, directly or indirectly, from your making any content available through the website. To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Newcom from and against all claims, liability and expenses including all legal fees and costs arising out of your breach of any provision of the terms of service or your use of the website/p>
Newcom license: You hereby grant to Newcom a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense any and all content submitted by you to the website and/or to incorporate it in other works without restriction regardless of form, medium or technology and whether now known or later developed. Newcom reserves the right without notice to modify, reject, delete or eliminate any content residing on or transmitted to the website that Newcom in its sole discretion believes is unacceptable, undesirable or in violation of these terms of service.
Disclaimer: All content on the website is provided for informational purposes only and is not intended to meet any particular user’s need. Documents provided on the website are provided as a service only, and do not constitute an official version of such documents. All content found on or accessed through the website is provided on an “as-is” basis. Newcom does not represent or warrant that your use of the content displayed on the website will not infringe rights of third parties. Newcom expressly disclaims any and all representations, warranties and conditions, express or implied, including without limitation any and all representations and warranties of title and non-infringement and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the website. Newcom does not make any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the website including without limitation with respect to any content found on the website, any products or services provided through the website or any links to other sites made available on the website or the content contained on such sites. Newcom does not represent or warrant that any product or service is available in your local area. Newcom does not make any representations or warranties that the website or access to and use of the website will be uninterrupted, error free or free from defects, viruses or other harmful components. Under no circumstances, including without limitation negligence, gross negligence, negligent misrepresentation and fundamental breach, shall Newcom be liable for any direct, indirect, incidental, special or consequential damages or any loss that results from the use of, or the inability to use, any content on the website, directly or indirectly or the transmission of confidential or sensitive content over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Newcom shall not be liable for any defamatory, offensive or illegal conduct of any user including you. Your expressly agree that use of the website is at your sole risk.
Termination: Newcom shall have the right to terminate your ability to access the website at any time without notice and to discontinue or modify the website or any of the content on the website at any time. If you are dissatisfied with the website or with the terms of service, your sole and exclusive remedy is to discontinue using the website. In that event, you agree to destroy all content obtained by you on the website and all copies thereof. The terms of service shall survive any such termination.
General: You agree that no joint venture, partnership or agency relationship exists between you and Newcom as a result of the terms of service or your use of the website. The terms of service constitute the entire agreement between you and Newcom with respect to your use of the website. The term person includes an individual, an association, a corporation, a partnership, a trust, or other entity. No waiver by Newcom of any breach or default hereunder shall be deemed to be a waiver of any other breach or default. If any provisions herein shall be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions of the terms of service. These terms of service are to be construed in accordance with and governed by the laws of the Province of Ontario and the laws of applicable therein, and you hereby consent to the exclusive jurisdiction of the courts of the Province of Ontario for any disputes arising hereunder. These terms of service are binding upon you and your personal representation, successors and assigns. The parties have required that the terms of service be drawn up in the English language.