Terms & Conditions

Traction on Demand

WEBSITE TERMS AND CONDITIONS OF USE

Effective as of September 2018

 

By accessing the website at www.tractionondemand.com and its contents (collectively, the “Website”), operated by Traction Sales and Marketing Inc. dba Traction on Demand (“ToD“), you are agreeing to be bound by these terms and conditions of use (“Terms”).  These Terms are to be read together with ToD’s Privacy Policy located at https://tractionondemand.com/privacy-policy/ (“Privacy Policy”), which are incorporated into and form a part of these Terms.  If you do not agree with these Terms, you are prohibited from using or accessing this Website.

 

Use License. ToD grants you a non-exclusive, non-transferable, limited license to access, view, display, and browse the Website.  No license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of the Website, in whole or in part, is granted except as expressly provided by these Terms. Your limited permission to use the Website does not permit you to commercialize the Website.

 

Accuracy of Materials and Updating Terms.  ToD does not warrant that any of the content on the Website is accurate, complete, or current. ToD may make changes to the Website or these Terms at any time without notice. ToD is not obligated to update the Website or the Terms. By you using this Website you are agreeing to be bound by the then current version of these Terms.

 

Your Representations and Warranties.  You represent and warrant that:

(1) You are of legal age to enter into 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 these Terms and in such a case, the term “you” shall be deemed to include your parent or legal guardian.

(2) You are authorized to agree to these Terms.  If you are agreeing to these Terms on behalf of another party (such as your employer), then you are authorized to enter into these Terms on behalf of that other party and, in such a case, the term “you” shall be deemed to include such other party.

(3) 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 Responsibilities.  You will:

(1)  Not modify, copy, reproduce, publish, create derivative works from, reverse engineer, decompile or disassemble all or any part of Website.

(2)  Comply with all applicable laws, including all relevant federal, state, provincial, local, or international laws, regulations, and other requirements from lawful authorities with respect to your access and use of the Website.

(3)  Not remove any trademark, copyright, or other proprietary notations from any materials on the Website.

(4)  Ensure that all persons who access the Website through your internet connection or device are aware of and comply with these Terms.

(5)  Not violate or attempt to violate the security of the Website (any such violation may result in criminal and civil action against to You) nor will you use or access the Website in any manner that will, in ToD’s judgment at its sole discretion, adversely affect the performance or function of the Website.

(6)  Not provide false or misleading information through the Website.

 

Termination. The license and all rights and privileges granted to you pursuant to these Terms shall automatically terminate if you violate any part of these Terms and such license, rights, and privileges may be terminated by ToD at any time, without advanced notice, for any reason. Upon the termination, for any reason, you must destroy any downloaded copies of the Website in your possession whether in electronic or printed format.

 

Links.  ToD is not responsible for anything with respect to any linked website or material on the Website. The inclusion of any link on the Website does not imply endorsement by ToD. Your use of any such linked material is at your own risk.

 

DISCLAIMER. THE WEBSITE IS PROVIDED ON AN ‘AS IS’ BASIS. ToD DOES NOT GUARANTEE THAT THE WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. YOU ARE REASONABLE FOR YOUR OWN DEVICE, INTERNET CONNECTION, AND VIRUS PROTECTION.  ToD MAKES NO WARRANTIES, EXPRESSED, OR IMPLIED, 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  RIGHTS WITH RESPECT TO THE WEBSITE.  FURTHER, ToD DOES NOT WARRANT NOR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, RESULTS, OR RELIABILITY OF ALL OR ANY PART OF THE WEBSITE OR ANY LINKED MATERIAL.

 

LIMITATIONS. IN NO EVENT SHALL ToD  OR ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, PARTNERS, SUCCESSORS, ASSIGNS (COLLECTIVELY, THE “RELEASEES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES,  SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE WEBSITE, EVEN IF ToD HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY JURISDICTIONS THAT DO NOT ALLOW THE PRECEDING LIMITATIONS, SUCH LIMITATIONS WILL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY APPLICABLE LAWS.   IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE.

 

INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, LIABILITY, DAMAGES, OR DEMANDS, INCLUDING REASONABLE LEGAL FEES, DUE TO OR ARISING OUT OF: (1) YOUR USE OF OR ACCESS TO THE WEBSITE; (2) ANY INFORMATION YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE; OR (3) YOUR VIOLATION OF THESE TERMS.

 

General and Miscellaneous.  These Terms are governed by and construed in accordance with the laws of British Columbia, Canada. All disputes arising out of or in connection with these Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules at a location decided by ToD. The headings used in these Terms are for convenience and reference only and shall not affect interpretation. These Terms, together with the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter herein.

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