By accessing and using this web site (the “Website”), you agree to be bound by these Website Terms and Conditions of Use (the “Terms and Conditions”) and all applicable laws and regulations. If you do not agree with any of these Terms and Conditions, you are prohibited from using or accessing this Website.
2. Use and Restrictions
Traction grants you a license (the “License”) to temporarily download one copy of the Materials for personal, non-commercial transitory viewing only. This grant of License does not transfer any title to the Materials or any portion thereof to you. The term “Materials” means all materials on the Website or available through the Website or comprising the Website, including, without limitation, all trademarks, trade names, logos, text, photos, graphics, images, software, source code, scripts, web applications, and other proprietary information and content.
In addition to any other restrictions set out herein, you agree that you will not:
(a) provide false or misleading information through the Website;
(b) impersonate any individual or business entity when using or accessing the Website or submitting any information to Traction through the Website;
(c) modify, copy, attempt to decompile or reverse engineer the Materials;
(d) use the Materials for any commercial purpose, or for any public display (commercial or non-commercial) or for any purpose or any manner not expressly permitted by Traction;
(e) remove any copyright notations or trademark or other proprietary notations from the Materials or the Website;
(f) transfer the Materials to another person or “mirror” the Materials on any other server;
(g) use or access the Website in any manner that will, in Traction’s judgment at its sole discretion, adversely affect the performance or function of the Website; or
(h) input or upload or attempt to input or upload to the Website any information which contains viruses or other forms of malware.
The License automatically terminates if you violate any of these Terms and Conditions and may be terminated by Traction at any time.
You agree to defend, indemnify and hold harmless Traction and its employees, subsidiaries, affiliates, directors, officers, agents, partners, successors, assigns (collectively, the “Releasees”) from and against any and all claims, loss, liability, damages, or demands, including reasonable legal fees, due to or arising out of your use or access to the Website or the Materials and/or third party contact information you submit, post, transmit or make available through the Website, your violation of these Terms and Conditions, and your violation of any rights of any others.
The Materials are provided “as is” and your use of the Website and the Materials is at your own risk. Traction makes no warranties, expressed or implied, in connection with the Website or the Materials and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Traction does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials or any information contained elsewhere relating to such Materials or on any sites linked to or from the Website. No advice or information, whether oral or written, obtained by you from the Website or the Materials shall create any warranty, representation or condition.
5. Limitations And Release
In no event shall the Releasees be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of data or profit or goodwill, or due to business interruption,) arising out of the use or inability to use the Materials or the Webpage, even if Traction has been notified orally or in writing of the possibility of such damage and you release the Releasees absolutely from all claims in respect of same. In the event your jurisdiction does not allow the exclusion of the warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages, these provisions will be limited to the maximum amount prohibited by law. In the event of any problem with the Website or the Materials, you agree that your sole remedy is to cease using the Website.
6. Copyright and Intellectual Property Rights
The Materials are protected by Canadian copyright law, trademarks law, and other laws pertaining to intellectual property rights as well as international laws and treaties. You may not, without Traction’s prior written consent, copy, reproduce, publish, transmit, distribute, modify, create derivative works from, sell, license or in any way exploit the Materials, in whole or in part. You may download information from the Website only for your own personal use in accordance with these Terms and Conditions. Any unauthorized copying, reproduction, publication, transmission, distribution, modification or other use of the Materials is strictly prohibited. Any infringement of Traction’s intellectual property rights will be fully enforced under Canadian law.
7. Revisions and Errata
The Materials may include technical, typographical, or photographic errors. Traction does not warrant that any of the Materials are accurate, complete, or current. Traction may make changes to the Materials at any time without notice.
Traction may revise these Terms and Conditions at any time without notice to you. Such modifications will be effective immediately upon posting such modifications on the Website. Your continued use of the Website after Traction has posted revised Terms and Conditions constitutes your acceptance of the revised Terms and Conditions. Accordingly, you should access these Terms and Conditions each time you use the Website.
The Website may include links to external websites or resources operated by third parties (collectively, “Linked Sites“). These links are provided solely as a convenience to you. In no event shall the Linked Sites be deemed to be sites endorsed by Traction. Traction has no control over the Linked Sites and makes no representations or warranties as to the correctness, accuracy, fitness for a particular purpose or quality of the Linked Sites. If you wish to access to the Linked Sites, you must do so at your own risk.
Linking to any page of the Website from external websites is strictly prohibited without Traction’s express consent.
9. Your Representations and Warranties
You represent and warrant that:
(a) You are of legal age to form a binding agreement. If you are not of Legal Age, you are not authorized to use the Website unless: (a) you have received the permission of your parent or legal guardian and (b) your parent or legal guardian, by granting such permission agrees to be bound by this Agreement and in such a case, the term “you” shall be deemed to included your parent or legal guardian.
(b) If you provide information about yourself through the Website, you will provide true, accurate, current and complete information about yourself and you will maintain and promptly update information you have provided to keep it true, accurate, current and complete.
Your personal information will be held in Traction’s database so that Traction can access your personal information when the need arises in the future (for example, to contact you in response to a query made by you). When your personal information is no longer needed for any purpose, or at your request, Traction will permanently delete it from its database.
Traction takes strict measures to safeguard your personal information to prevent any misuse, loss, unauthorized access, modification or disclosure. Traction will protect your personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
Traction may use your personal information for any of the following purposes:
(a) to respond to your requests, questions or comments;
(b) to communicate information about Traction’s services, including news and events about Traction, provided you have consented;
(c) to better understand your needs and preferences; and
(d) for legitimate business purposes, such as managing your account with Traction.
Traction only collects as much personal information as needed to meet these objectives, unless you give your consent
In no event will Traction trade, sell or otherwise dispose of your personal information, including your email address, to any third party. Furthermore, Traction will not share your personal information with any third party except for the purposes (or with the individuals) listed above, or when required by law or regulation (e.g. complying with a court order).
If you wish to access your personal information, you may make a written request to Traction at any time.
(a) Jurisdiction. These Terms and Conditions and your use of the Website are be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions and you agree to attorn to the jurisdiction of British Columbia exclusively.
(b) Interpretation. The division of these Terms and Conditions into sections, subsections, paragraphs and/or clauses and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement. Each capitalized term has the meaning given to it in these Terms and Conditions.
(c) Force Majeure. Traction shall not be liable or deemed to be in default for any delay or failure in performance under these Terms and Conditions or for any interruption in the Website resulting directly or indirectly from any act of God, a lawful act of a public authority, a delay or default by a common carrier, fire, explosion, power failure, flood, epidemic, riot or civil disturbance, sabotage, accidents, insurrections, blockades, embargoes, storms, labour disputes, strikes or similar event.
(d) Severability. In the event any provision of these Terms and Conditions is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, such invalidity or unenforceability attaches only to such provision or part thereof and the remaining terms and provisions of these Terms and Conditions remain in full force and effect.
(e) No Waiver. Traction shall not be deemed to have waived the exercise of any right that it holds under these Terms and Conditions, at law or in equity, unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise or non-exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise or non-exercise of the right or with respect to any other such right.
(f) Entire Agreement. Unless otherwise expressly agreed to in writing, these Terms and Conditions are the complete and exclusive agreement between you and Traction with respect to your use of the Website and your privacy. These Terms and Conditions supersede all prior agreements, oral or written, and all other communications between the parties relating to the subject-matter contained herein.
(g) Notice. Any notice or other communication required or permitted to be given or served shall be in writing and sent to:
Traction Sales and Marketing Inc.
#500 2700 Production Way
Burnaby, B.C. V5A 0C2
Please contact Traction if you have any questions, comments or concerns regarding these Terms and Conditions or your personal information.