Inscription des compagnies de transport

TRANSPORTATION COMPANY SOFTWARE USER AGREEMENT

WHEREAS:

1. Forest Commodities Board Inc. (“FCB”) has developed an electronic forest commodities trading system (the “Board”).
2. The User wishes to utilize the Board for the purpose of contracting freight from participating sawmills
3. This Agreement sets out the terms and conditions associated with the use of the Board by the User.

FCB and the USER, FOR CONSIDERATION ACKNOWLEDGED TO BE SUFFICIENT, AGREE AS FOLLOWS:

1. DESCRIPTION OF SERVICES

Through a program provided by FCB, FCB provides User with access to the Board which is an electronic forest commodities trading system that allows the User to contract freight from third parties, a communication forum, download areas and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new properties, are subject to the TOU.

2. ACCEPTANCE OF TERMS

Your use of the System is governed by the policies terms and conditions contained in the Agreement Your use of the System indicates your acceptance of the terms of this Agreement. The services that FCB provides to User is subject to the following Terms of Use ("TOU"). FCB reserves the right to update the TOU at any time without notice to User. If the TOU changes the FCB will notify the User within 30 days of the change.

1. This Agreement, which incorporates by reference other provisions applicable to use of the Board by the User, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of the Board, sets forth the terms and conditions that apply to use of by User. By using FCB (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof.
2. The right to use is personal to User and is not transferable to any other person or entity.
3. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Services Agreement. The User shall be responsible for protecting the confidentiality of User's passwords.
4. FCB shall have the right at any time to change or discontinue any aspect or feature of the Board, including, but not limited to, content and hours of availability. The User will have to allow FCB to access their equipment from time to time for enhancing or servicing the Board.

3. CHANGED TERMS

FCB shall have the right at any time to change or modify the terms and conditions applicable to User's use of the Board or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

4. EQUIPMENT

User shall be responsible for obtaining and maintaining all computer hardware, software and other equipment needed for access to and use of the Board and all charges related thereto.

5. USER CONDUCT

1. User shall use for lawful purposes only. User shall not post or transmit through any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FCB 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in FCB's discretion restricts or inhibits any other User from using or enjoying will not be permitted. User shall not use to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with FCB.
2. The Board contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video and the entire contents of the Board are copyrighted as a collective work under the Canada copyright laws. FCB owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of FCB and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
3. User shall not upload, post or otherwise make available on any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Board, the User automatically grants, or warrants that it has expressly granted FCB the royalty-free, perpetual, irrevocable, non-exclusive right and license to use the Users material and any copyright which might exist in the material.
4. The foregoing provisions of Section 6 are for the benefit of FCB, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. USE OF SERVICES

The Services may contain email services, bulletin board services, news groups, forums, calendars or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including email addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

FCB has no obligation to monitor the Communication Services. However, FCB reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. FCB reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. FCB reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FCB's sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
FCB does not control or endorse the content, messages or information found in any Communication Services and, therefore, FCB specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

User, to register with FCB, has completed the registration process and credit application by providing FCB with current, complete and accurate information as prompted by the applicable registration form. User will choose a password and be provided with a user name. User is entirely responsible for maintaining the confidentiality of User’s password and username. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify FCB immediately of any unauthorized use of User’s account or any other breach of security. FCB will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by FCB or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS YOUR WEBSITE ADDRESS

Any software that is made available to the User (the “Software”) is the copyrighted work of FCB and/or its suppliers. Use of the Software is governed by the terms of this Agreement. The User, by installing any Software that is provided by FCB, agrees to the terms of this Agreement by completing the installation.

The Software is made available for download solely for use by the User. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FCB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, FCB MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. FCB DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

9. NOTICES REGARDING SOFTWARE, THE BOARD USING THE SERVICE

IN NO EVENT SHALL FCB BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, USE OF THE BOARD OR INFORMATION AVAILABLE FROM THE SERVICES.

10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

1. USER EXPRESSLY AGREES THAT USE OF THE BOARD AND THE SERVICES IS AT USER'S SOLE RISK. NEITHER FCB, IT’S AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE BOARD WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BOARD OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE BOARD OR BY FCB.
2. THE BOARD IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT FCB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
4. IN NO EVENT WILL FCB, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE BOARD OR THE FCB SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BOARD. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE BOARD.
5. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, FCB, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE BOARD, THE INFORMATION CONTAINED WITHIN, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
6. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

11. UNSOLICITED IDEA SUBMISSION POLICY

FCB OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN FCB’s PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO FCB SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO FCB OR ANYONE AT FCB IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT FCB MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

12. MONITORING

FCB shall have the right, but not the obligation, to monitor the content of any forums, to determine compliance with this Agreement and any operating rules established by FCB and to satisfy any law, regulation or authorized government request. FCB shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on. Without limiting the foregoing, FCB shall have the right to remove any material that FCB, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

13. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless FCB, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by the User of the Board.

14. TERMINATION

Either FCB or User may terminate this Agreement at any time without notice by the User and 24 hours’ notice by FCB. Without limiting the foregoing, FCB shall have the right to immediately terminate User's Account in the event of any conduct by User which FCB, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

15. ENTIRE AGREEMENT

This Agreement and any operating rules for the Board established by FCB constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

16. COPYRIGHT NOTICE

FCB AND its logos are trademarks of FCB, All rights reserved. All other trademarks appearing on the Board are the property of their respective owners.

17. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.

18. GOVERNING LAW

The laws of the Province of Alberta and the applicable laws of Canada will govern these terms and conditions and all related transactions. The parties agree to the exclusive jurisdiction of the courts of the Province of Alberta.

19. WAIVER

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
The User agrees that it will not participate in any process which involves manipulation of the prices for the products it sells.

20. CONFIDENTIALITY

The User shall keep in confidence and shall not use or disclose to any third parties information provided herein or any non-public information disclosed as a result of the Services provided by FCB. This provision shall survive termination of your participation in the Services.