Abusing ● Services. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off intended site if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off intended site or not, we do not accept any liability for monitoring intended site or for unauthorized or unlawful content or use of by users.
SUBMITTING CONTENT TO THE WEBSITE
We may allow you to submit comments, ratings, reviews, “for sale” listings, messages to other users, or other content to the Website (“User Content”). When you submit any User Content, you must abide by the following rules:
- Be honest, relevant, and factually accurate. Any opinions that you express must be your own and must be genuinely held.
- Don’t post any deceptive or misleading “for sale” listings. Descriptions of items listed for sale must be accurate and truthful.
- Don’t post anything that violates any applicable law or breaches any contractual or legal obligation you may have to any other person. Don’t encourage others to commit illegal acts or to violate these Terms.
- Don’t post anything that may be defamatory, incorrect, false, misleading, malicious, threatening, abusive, harmful, obscene, offensive, slanderous, racist, libelous, or otherwise objectionable. Don’t harass, threaten, or annoy other users. Don’t impersonate any other person.
- Don’t try to solicit anyone else’s personal information (except as may be required to conclude the sale of an item listed on the Website). Don’t post other people’s confidential or personal information, including personal contact information.
- Don’t conspire with others to push a product or an agenda on the Website. Don’t post spam, including commercial messages for any other person or business.
- Don’t use scripts to automatically post content to the Website. Don’t post or link to harmful or malicious content, malware, or computer viruses.
Don’t post anything that infringes on anyone’s intellectual property rights
- may remove, modify or delete user submissions, which appear to breach these Terms, or which appear to infringe on the intellectual property rights of others, or for any other reason. We may do this on our own initiative, or pursuant to a court order, lawful request, or demand.
When you submit User Content to the Website, you retain ownership of copyright and other intellectual property rights in that content, but you grant ● a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and sublicensable license to use, modify, reproduce, make available, and redistribute it in any form, format or media now known or later developed, without any requirement for attribution or compensation to you. You agree that access to the Website is sufficient consideration for the license you grant to us. You waive any right you may have to take action against us, our subsidiaries, affiliates, or sublicensees for infringement of any intellectual property or moral rights you may have in any User Content. By submitting any User Content, you represent and warrant that you own or have licensed all relevant rights in that content, including intellectual property and personality rights, and that our use of your submissions will not infringe upon or violate the intellectual property rights, privacy rights, publicity rights or any other rights of any third party.
FEES AND SERVICES
Using ● Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).
Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for intended site to comply with its obligations under applicable law. To the extent that such information is not provided, www.gettruckloan.com and partners in its discretion determine and collect appropriate taxes.
You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on www.gettruckloan.com.
With regards to financing, www.gettruckloan.com and partners reserves initial rights on any and all referred financing transactions. In the event that financing is rejected for any reason, all parties may then seek a third party for financing.
www.gettruckloan.com and partner Services contains “stuff” from us, you, and other users. You agree not to copy, modify, or distribute www.gettruckloan.com Services Content, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify [email protected] and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as PayPal (each a “Third Party Payment Processor”. For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Account, you acknowledge and agree that by making payments through www.gettruckloan.com and partners with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As most of the stuff on the site Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of intended site and partners, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
You will indemnify and hold harmless www.gettruckloan.com and associated partners of www.gettruckloan.com and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the site Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
By using site Services, you agree to the collection, transfer, storage and use of your personal information by. (the “data controller”) on servers located in Canada, United States and in the European Union.
These terms and the other policies posted on site for Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to: [email protected]