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Legal Agreement
LoadingDock Account - Legal Statement / Terms of Use
Copyright © 2002 - 2017 LoadingDock Inc. All rights reserved.

All material provided on this site ("www.LoadingDock.ca") is copyright 2002 - 2017 by LoadingDock Inc. (286 Hunter Street West - Suite #2, Peterborough, Ontario, Canada), or by the original creator of the material.

Except as stated herein, none of the material may be copied, reproduced, distributed, republished, translated, downloaded, displayed, posted, communicated to the public by telecommunication or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of LoadingDock Inc. or the copyright owner.

Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without LoadingDock Inc.'s permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.

Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

IMPORTANT:
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“AGREEMENT” OR “TERMS AND CONDITIONS OF USE”) BEFORE SELECTING TO REGISTER FOR USE OF THE LOADINGDOCK.CA WEBSITE AND THE PRODUCTS AND SERVICES OF LOADINGDOCK INC. (“LOADINGDOCK.CA”) (COLLECTIVELY, THE “LOADINGDOCK SERVICE” OR “SERVICE”).

BY CLICKING ON THE “I ACCEPT” BUTTON BELOW AND/OR ACCESSING ANY PART OF THE LOADINGDOCK SERVICE YOU ARE REPRESENTING THAT YOU ARE EITHER OVER THE AGE OF 18 OR HAVE OBTAINED YOUR PARENT'S CONSENT TO REGISTER FOR THE SERVICE, AND YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF USE OF THIS SERVICE AGREEMENT. HOWEVER, LOADINGDOCK DOES NOT PERMIT CHILDREN UNDER 13 YEARS OF AGE TO BECOME USERS OF THE LOADINGDOCK SERVICE. BY USING THE LOADINGDOCK SERVICE, YOU REPRESENT YOU ARE NOT UNDER 13 YEARS OF AGE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF USE OF THIS AGREEMENT, OR YOU CANNOT COMPLY WITH THESE TERMS AND CONDITIONS OF USE, THEN YOU SHOULD NOT USE THE SERVICE, AND YOU SHOULD CLICK THE CANCEL BUTTON; THE REGISTRATION PROCESS WILL NOT CONTINUE AND YOU WILL STOP ALL USE OF THE SERVICE AND WILL HAVE NO AUTHORITY TO USE THE SERVICE.

IF YOU ARE DEEMED TO HAVE REGISTERED FOR THE SERVICE, LOADINGDOCK'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON THE ASSENT TO ALL THE TERMS AND CONDITIONS OF USE OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

LOADINGDOCK MAY MAKE CHANGES AT ANY TIME TO THE LOADINGDOCK SERVICE OR THESE TERMS AND CONDITIONS OF USE. ANY MODIFICATIONS TO THESE TERMS AND CONDITIONS OF USE WILL BE EFFECTIVE UPON POSTING. YOUR CONTINUED USE OF THE LOADINGDOCK SERVICE FOLLOWING POSTING OF ANY REVISED TERMS AND CONDITIONS OF USE CONFIRMS YOUR ASSENT TO THOSE CHANGES OR MODIFICATIONS.

The Service

LoadingDock grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service solely for your own internal purposes. LoadingDock retains all rights not expressly granted by LoadingDock to you. In your use of the Service, you are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third party access fees incurred while using the Service.

LoadingDock, makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. LoadingDock reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.    Conditions of Use

A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with LoadingDock. To open a user account, you or your company must complete the registration process by providing LoadingDock with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should LoadingDock suspect that such information is untrue, inaccurate, not current or incomplete, LoadingDock has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. You acknowledge that you are fully responsible for all activities which occur through the use of this password. You agree not to access or attempt to access the Service without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools.

You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify LoadingDock immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of data that is known or suspected by you. LoadingDock shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by LoadingDock, or any transactions entered into through the Service or failure to abide by this Agreement.

You may use the Service to temporarily store, retrieve and share data as described in this agreement and on our web site. You are solely responsible for any actions you take in connection with your use of the Service and for all data, information or other material (“Data”) you store, retrieve or share via the Service. LoadingDock does not own any portion or part of the Data. You, not LoadingDock, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and LoadingDock shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. LoadingDock shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. LoadingDock does not endorse any sites on the Internet that are linked through the Service. LoadingDock may provide these links to you only as a matter of convenience, and in no event shall LoadingDock be responsible for any content, products, or other materials on or available from such sites.

Limitations

You are permitted to store, manipulate, analyze, reformat, print, and display content only for your personal use. Unauthorized use of the Service, or the resale of the Services without LoadingDock's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or content in any format to any third party. You are solely responsible for the content of all data you store or retrieve from, or attempt to store or retrieve from your account, and for all transmission by you from and to your account.

You agree not to store, upload or transmit on, to or via the Service any Data which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, or unlawfully threatening; (iii) is illegal pornography, obscene, or exploitative of a minor; or (iv) otherwise violates any applicable treaty, law or regulation.

In addition, without limitation, you agree not to use the Service to: (i) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, distribution lists, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iii) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (iv) transmit any material that may infringe the intellectual property rights or other rights of third parties, including right of publicity; (v) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan Horses, worms, time bombs, cancelbots, or any other contaminating or destructive feature; (vi) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (vii) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (viii) harass or interfere with another user's use and enjoyment of the Service. You further agree not to take any other action in connection with your use of the Service which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Service. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the Service.

Proprietary Rights

Except for the licenses granted herein, you have no right, title or interest in or to the Service or any content . You agree that LoadingDock or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and content, including, without limitation, text, images, and other multimedia data. LoadingDock and/or other LoadingDock Inc. products and services referenced herein are either common law trademarks or registered trademarks of LoadingDock Inc. and LoadingDock.

Support

Subject to the terms hereof, LoadingDock will provide you with FAQ’s for the Service and associated software and phone support, and may at their discretion provide you with hard-copy documentation, upgrades, enhancements or modifications, but is under no obligation to.

Registration / Payment of Fees

By clicking on the acceptance button below, and/or accessing any part of the LoadingDock service, you agree to provide LoadingDock with accurate and complete information, including your legal name, address and telephone number, and to update this information within 30 days of any change to it. Payment by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties. Upon signing up for a paid account, you will pay LoadingDock, by authorized credit card, cheque, online payment or cash, the then applicable fees (the "Fees"). LoadingDock reserves the right to change the Fees or applicable charges and to institute new charges at any time, with reasonable notification to you (such as emails and web site postings). PAYMENTS ARE REFUNDABLE WITHIN THE FIRST 30 DAYS OF ACCOUNT ACTIVATION. Setup fees (if any) are NON-REFUNDABLE. Cancellations must be in the form of written notice (email or postal mail). Cancellation shall take effect upon the date LoadingDock receives such written notice. Refunds will be calculated based on the original price paid, less usage. Usage shall be calculated as a) $0.03 per megabyte of traffic used for by account and b) the original rate paid, divided by the number of days paid for, times the number of days used.

Your LoadingDock account may be considered delinquent if a) your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid for more than 15 days or b) payment is not received by LoadingDock Inc./LoadingDock.ca within 15 business days of signup or a new billing period. The additional services may be suspended, archived or purged from the Service if your account is delinquent for more than one billing cycle. LoadingDock may impose a charge to restore archived data from delinquent accounts. LoadingDock may also impose a charge for each credit card chargeback to fully cover expenses LoadingDock may incur from each chargeback.

If you believe you have been billed incorrectly for the Service, you must contact LoadingDock no later than 30 days after the closing date of the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to info@loadingdock.ca.

Termination

You agree that LoadingDock has no obligation to review or monitor the Data you may store, retrieve or share via the LoadingDock Service. You also agree LoadingDock may at its discretion, at any time, without notice to you, review, monitor and/or purge from the LoadingDock Service any Data you have stored on the LoadingDock Service (i) if a user with whom you privately share a file informs LoadingDock of contents which violate these Terms and Conditions of Service; (ii) if you request LoadingDock access your account in order to provide you assistance and, in doing so, LoadingDock observes Data which LoadingDock determines, in its sole discretion, violates these Terms and Conditions of Service; or (iii) upon order of court, administrative or regulatory body or other tribunal of competent jurisdiction, or as otherwise required by law.

In the event that LoadingDock finds that any Data you have stored on the LoadingDock Service violates these Terms and Conditions of Use and, in the event you have paid a subscription fee to LoadingDock, such fees shall not be returned or refunded to you, whether in whole or in any portion.

You may terminate your user account upon notice to LoadingDock at any time; however after the FIRST 30 DAYS, you will not receive a refund of any portion of your fees paid to LoadingDock. Upon termination of an account, your right to use such account and the Service immediately ceases. LoadingDock shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.

YOU ACKNOWLEDGE THAT, AT ANY TIME, WITHOUT NOTICE TO YOU, AND FOR ANY OR NO REASON, LOADINGDOCK MAY TERMINATE YOUR ACCESS TO THE LOADINGDOCK SERVICE AND/OR DELETE FROM THE LOADINGDOCK SERVICE ANY AND ALL DATA YOU HAVE STORED ON THE LOADINGDOCK SERVICE. In that event, you will have no further right to the LoadingDock Service, and LoadingDock shall have no obligation to retrieve or forward to you any Data stored on the LoadingDock Service.

Indemnification

You shall indemnify and hold LoadingDock, LoadingDock Inc. and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including without limitation attorneys' fees, disbursements and court costs) arising out of or in connection with your use of the Service (including the content), breach of this Agreement, or your violation of any rights of any third party.

If you violate the restrictions of these Terms and Conditions of Use, you agree to defend and indemnify LoadingDock against any claim or action that arises from your unlawful or improper use of the Service.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE LOADINGDOCK SERVICE IS AT YOUR OWN RISK AND THAT THE LOADINGDOCK SERVICE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOADINGDOCK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE LOADINGDOCK SERVICE AND USE THEREOF, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LOADINGDOCK MAKES NO WARRANTY THAT THE LOADINGDOCK SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE LOADINGDOCK SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT DATA OR OTHER MATERIAL YOU STORE ON THE LOADINGDOCK SERVICE WILL NOT DAMAGE THE LOADINGDOCK SERVICE OR ANY DATA STORED ON THE LOADINGDOCK SERVICE.

Limitation of Liability

LoadingDock assumes no liability, and shall not be held responsible for, any action you take or any Data you store, retrieve or share in connection with your use of the Service. IN NO EVENT SHALL LOADINGDOCK BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE LOADINGDOCK SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF LOADINGDOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

Local Laws and Export Control

LoadingDock controls and operates this Service from its location in the Canada and is subject to Canadian Export Administration Laws and Regulations. LoadingDock makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside Canada, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the content contrary to Canadian law is prohibited. None of the content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the Canadian Government for such purposes. You shall comply strictly with all Canadian export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

General

This Agreement shall be governed and construed in accordance with the laws of the Canada and the Province of Ontario, and you consent to the exclusive jurisdiction of the provincial courts and Canadian federal courts located there for any dispute arising out of this Agreement. Both parties agree that this Agreement is the complete and exclusive understanding of the parties and supersedes and cancels all prior understandings, communications or agreements whether written or oral, on the subject matter hereof.

This Agreement may not be assigned, downloaded or sublicensed by you, except with LoadingDock's express prior written consent. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, all of the remaining terms will remain in full force and effect as if such invalid or unenforceable term had never been included. LoadingDock’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Any notices by you to LoadingDock shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by or e-mail; the day after it is sent, if set for next day delivery by certified or registered mail, return receipt requested, mail, postage prepaid, or recognized overnight delivery services. Email is a sufficient mode of delivery of notices by LoadingDock to you. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have authority of any kind to bind LoadingDock in any respect whatsoever.

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney's fees. LoadingDock has the right to assign any or all of its rights and obligations under this Agreement at any time.


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