Terms of Use - ITE Canada

December 1, 2022

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. The Canadian Institute of Transportation Engineers (hereon referred to as ITE Canada) owns and operates this website, located at https://itecanada.org (the ”Website”). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Website. By accessing and using the Website you are indicating your acceptance to be legally bound by the terms and conditions of this Agreement and comply with the Terms of Use. If you do not accept these terms and conditions, you must not access or use the Website. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE ITE CANADA OPERATING WEBSITE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE. Website. We suggest you print a copy of these Terms of Use for your records.

Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. Any changes will become effective upon posting to the Website, along with the date on which it was most recently updated as indicated by the “Last Updated” date on this page. Your continued access to or use of the Website after any such changes indicates your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Website, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

REGISTRATION AND ACCOUNT SECURITY

Certain features and/or portions of the Website are password-protected and require you to complete a registration process and create an account (“Account”) in order to obtain access and/or participate. When registering with us to use any such features and/or portions of the Website, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Website.

It is your responsibility to keep the password provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at admin@itecanada.org or the contact information below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user Account.

You are prohibited from attempting to circumvent and from violating the security of the Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

SOFTWARE LICENSES AND OWNERSHIP

All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by ITE Canada, its licensors or the party accredited with ownership of such Software.

The Website consists of various graphics, texts, icons and buttons that have been provided by ITE Canada and/or other entities under our direction (e.g. site designers). All such content is owned by ITE Canada and/or the applicable third party entity. For greater certainty, ITE Canada and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Website, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Website Content”).

You hereby acknowledge that the Website Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Website does not grant or transfer to you any ownership or other rights in the Website Content, and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of ITE Canada’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Website Content in any manner whatsoever.

Any rights not expressly granted to you in these Terms of Use are expressly reserved by ITE Canada. For greater certainty, you agree that you will not take any action that is inconsistent with ITE Canada ownership of the Website and/or ITE Canada ownership of, or any third party’s ownership of, any Website Content. Without limiting the generality of the foregoing, users of this Website shall be entitled to copy Website Content contained within this Website only for their own personal and non-commercial use, but may not republish or reproduce any such Website Content in any manner without the prior written consent of ITE Canada.

ITE Canada hereby grants each user of this Website a limited, non-exclusive and revocable permission to make personal and non-commercial use of the Website and its Website Content. For greater certainty, this limited license only allows you to view, download or print materials from this Website for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically stated in these Terms of Use, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Website.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Website may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of ITE Canada or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by ITE Canada are the property of their respective owners, and, where used by ITE Canada are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Website may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with ITE Canada ownership of, or any third party’s ownership of, the Trade-marks.

SECURITY

Please note that information sent or received over the Internet is generally unsecure and is subject to possible loss, interception or alteration while in transit. ITE Canada does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Website, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). Subject to applicable law, in no event will the information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

ADVERTISING AND LINKS

ITE Canada accepts advertising from listed companies, brokers and other organizations and receives a fee from their advertising on the Website. No endorsement by ITE Canada is intended or implied by the presence of such advertising. As a convenience to our visitors, Website currently contains links to a number of third-party websites. The privacy policies and procedures described here do not apply to those websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to such websites or pages is at your own risk. We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. ITE Canada provides these links merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such websites.

LINKING

Unless you have a written agreement in effect with ITE Canada which states otherwise, you may only provide a hypertext link to the Website on another website, provided that (a) the link is a text-only link clearly marked “ITE Canada Home Page”; (b) the link “points” to (i.e. links the user directly to) the URL itecanada.org and not to other pages within the Website; (c) the appearance, position and other aspects of the link is not such as to damage or dilute the goodwill associated with either ITE Canada’s or ITE’s name and trade-marks; (d) the appearance, position and other aspects of the link does not create the false appearance that an entity is associated with or sponsored by any of us; (e) the link, when activated by a user, displays the Website full-screen and not within a “frame” on the linked website; and (f) ITE Canada reserves the right to revoke its consent to the link at any time in its sole discretion.

INDEMNIFICATION BY USER

By using the Website, you hereby agree to release, indemnify, defend and hold harmless ITE Canada, and each of its respective agents, employees, directors, successors, and assigns from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Website, the Website Content and/or breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER ITE CANADA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER ITE CANADA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION OF LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL ITE CANADA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

OTHER COUNTRIES

This Website can be accessed from countries around the world other than Canada and may contain references to ITE Canada products, services, and programs that have not been announced in your country. These references do not imply that any of us intend to announce such products, services or programs in your country. We make no representation that the content on this Website is appropriate or available for use in other locations, and accessing this Website from territories where its content is illegal is prohibited. Those who choose to access this Website from other locations do so, on their own initiative and their own risk and are responsible for compliance with local laws.

PRIVACY

Without limiting the generality of these Terms of Use, your use of the Website is also subject to the terms of our Privacy Policy. Please carefully review our Privacy Policy. By using the Website, you agree that you have read, fully understand and agree to our Privacy Policy.

GOVERNING LAWS AND JURISDICTION

This Website (excluding linked sites) is controlled by ITE Canada within the Province of Ontario, Canada. By accessing this Website, you and ITE Canada agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and ITE Canada also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to any and all matters arising in connection with these Terms of Use.

ACCURACY AND CHANGES We may make changes to any information or content on this Website or remove such information and content, at any time and without prior notice. Please consult ITE Canada for complete and up-to-date information on products and services.

The information contained in the ITE Canada web pages could contain technical inaccuracies or typographical errors. ITE Canada reserves the right to make changes to any information contained within its web pages and to make improvements and or changes in the products and programs described in its web pages at any time and without notice.

VIOLATIONS OF TERMS OF USE

If you breach any provision of these Terms of Use you may no longer use the Website. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Use or your permission to use the Website is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Webite and anything relating to or arising from such use. If you are dissatisfied with the Website or with these Terms of Use, then your sole and exclusive remedy is to discontinue using the Website. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our Website.

GENERAL

If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion

You may contact us at:

Canadian Institute of Transportation Engineers / Institut canadien des ingénieurs en transports
150 Elgin Street
8th Floor
Ottawa, ON
K2P 1L4

or email admin@itecanada.org