Please read this agreement carefully. It governs your use of the www.towntracer.com website and the services and goods provided through the website (collectively the "website"). It exempts TownTracer and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the website you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the website, you may not use the website. Each time you use the website, the text of this agreement as it then reads will govern your use. Accordingly, when you use the website you should check the date of this agreement and review any changes since the last version.
This Agreement contains the following provisions:
- Your Acceptance of this Agreement
- Changes to this Agreement
- Permitted Users and Access
- Misprints and Errors, Product Availability, Prices, and Orders
- No Advice or Solicitation
- Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
- Login Names and Passwords
- Termination of this Agreement and the website
- Information Submissions
- Ownership and Permitted Use of the website
- Personal Information Privacy
- Trade-mark Information
- Other Sites
- Linking and Framing the website
- Postings and Unsolicited Submissions
- Transaction Agreements
- Software Agreements
- Governing Law and Dispute Resolution
- Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT This is an agreement between you and TownTracer, and governs your use of the www.towntracer.com website and its content and the services and goods provided through the website (collectively the "website"). Each time you use the website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the website.
2. CHANGES TO THIS AGREEMENT You may not change, supplement, or amend this Agreement in any manner. TownTracer may, in its sole discretion, change, and supplement or amend this Agreement as it relates to your future use of the website from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the website.
3. PERMITTED USERS AND ACCESS The website may be used internationally only by person’s who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The website may not be used by persons in jurisdictions where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS TownTracer endeavors to provide current and accurate information on the website. Nevertheless, misprints or other errors may occur. Accordingly, TownTracer reserves the right to change the prices, fees and charges regarding the goods and services available through the website at any time and from time to time without any notice or liability to you or any other person. Also, TownTracer cannot guarantee that goods or services advertised on the website will be available when ordered or thereafter. TownTracer also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, TownTracer will provide you with an opportunity to cancel your order. If you order goods or services that are not available, TownTracer will notify you by email. TownTracer reserves the right to limit quantities licensed and/or sold. The advertisements on the website are invitations for purchase orders, and are not offers to sell. You’re properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when TownTracer sends an order of acceptance email to your email address. If you wish to cancel an order, you may request a cancellation by sending an email to . However, TownTracer may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
5. NO ADVICE OR SOLICITATION THE WEBSITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEBSITE.
6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY TownTracer strives to make your use of the website a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, TownTracer and its service providers (the "Providers") do not accept any liability for your use of the website. For that reason, the following provisions apply to your use of the website: DISCLAIMER YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY TownTracer AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU (AND NOT TownTracer OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE. THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND TownTracer’s CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. TownTracer IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. TownTracer IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TownTracer AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE; THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND TownTracer AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. LIABILITY EXCLUSION TownTracer AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY TownTracer OR ANY PROVIDER OR ANY PERSON FOR WHOM TownTracer OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT TownTracer OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. LIABILITY LIMITATION IN NO EVENT WILL TownTracer OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY TownTracer OR ANY PERSON FOR WHOM TownTracer IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO TownTracer FOR THE USE OF THE WEBSITE, WHICHEVER IS LESS. RELEASE YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF TownTracer AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE. INDEMNITY YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF TownTracer AND TownTracer AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE website OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. ADVICE AND INFORMATION PROVIDED BY TownTracer OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION. The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
7. LOGIN NAMES AND PASSWORDS Website accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by TownTracer and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized TownTracer representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement. You must immediately notify TownTracer of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. All login names and passwords remain the property of TownTracer, and may be cancelled or suspended at any time by TownTracer without any notice or liability to you or any other person. TownTracer is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must respond promptly to all email and other correspondence from TownTracer, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the website. THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
8. TERMINATION OF THIS AGREEMENT AND THE WEBSITE If you breach any provision of this Agreement, you may no longer use the website. TownTracer may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person. TownTracer may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the website and your user password, all without any notice or liability to you or any other person. If this Agreement or your permission to use the website is terminated by you or TownTracer for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and your purchases of goods and services through the website and anything connected with, relating to or arising from those matters.
9. INFORMATION SUBMISSIONS All information you provide through the website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide TownTracer with updated registration information and payment information within 30 days of any changes. TownTracer will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, TownTracer or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. TownTracer may require a copy of a government-issued form of identification before making any changes to your registration information.
10. OWNERSHIP AND PERMITTED USE OF THE WEBSITE The website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the website are the property of TownTracer, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content. You may only use the website in the manner described specifically in this Agreement. The website may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of TownTracer . You may not use any of the software that is used in the operation of the website except while you are use the website. You may not reproduce, copy, duplicate, sell, or resell any part of the website (including the software used in the operation of the website) or access to the website. The website is made available to you for your lawful use only. You may access and browse the website using commercially available, SSL-capable Web browser software. You may print or download the pages of the website for your personal use provided that you do not modify any of the website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
12. TRADE-MARK INFORMATION TownTracer, the www.towntracer.com logo and graphics, are registered and unregistered trade-marks and trade names owned by TownTracer and licensed to TownTracer. Other product and company names and logos appearing on the website may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the website, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the website.
13. OTHER SITES The website may include advertisements for, and links to, other websites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from TownTracer, and TownTracer has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. TownTracer does not sponsor or endorse any Other Sites or their content or the goods or services available through those other websites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against TownTracer arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and TownTracer , the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
14. LINKING AND FRAMING THE WEBSITE Links to the website without the express written permission of TownTracer is strictly prohibited. To request permission to link to the website, please contact . TownTracer reserves the right to cancel and revoke any permission it may give to link to the website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the website or any of its content in any form and by any method is strictly prohibited.
15. POSTINGS AND UNSOLICITED SUBMISSIONS You may not use technologies in connection with your use of the website or to post comments, communications, or any other data of any kind to or on the website with the intention that such postings may be viewed by other users of the website. TownTracer does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to TownTracer or the website. If you send Submissions to TownTracer or the website you automatically grant (or warrant that the owner of the Submissions grants) to TownTracer and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of TownTracer or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of TownTracer and its assigns.
16. TRANSACTION AGREEMENTS All transactions through the website, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By participating in a transaction through the website, you signify your agreement and acceptance of the applicable Transaction Agreement.
17. SOFTWARE AGREEMENTS TownTracer may cause software to be available for you to download from the website or through other websites, including websites operated by Providers. The software is protected by copyright, and your downloading and use of the software are governed by the applicable Transaction Agreement and the Software License Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable Transaction Agreement and Software License Agreement.
18. CONTESTS From time to time TownTracer may make contests available to users of the website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
19. GOVERNING LAW AND DISPUTE RESOLUTION The website is controlled by TownTracer from Olds, Alberta. This Agreement, your use of the website, and all related matters are governed solely by the laws of the Olds, Alberta and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between TownTracer and you or any other person arising from, connected with or relating to the website, this Agreement or any related matters must be resolved before the Courts of Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Calgary, Alberta Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
20. OTHER MATTERS If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will enure to the benefit of and be binding upon each of TownTracer and its Providers and each of their respective successors and assigns and related persons, including without limitation TownTracer, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of TownTracer, which may be withheld in TownTracer’s sole discretion. TownTracer may assign this Agreement and its rights and obligations under this agreement without your consent. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. You and TownTracer are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the website. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documetns qui s'y rapportent soient rediges en anglais. Any rights not expressly granted by this Agreement are reserved to TownTracer. This Agreement is subject to change without notice.