ACCEPTANCE OF TERMS OF USE

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://www.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 bound by the terms and conditions of this Agreement. 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, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. ITE Canada may revise this Agreement at any time by updating this posting. Use of the website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

DISCLAIMER OF WARRANTIES

All the information contained in the ITE Canada web pages are provided “as is”. ITE Canada disclaims all warranties with regard to this information, including all implied warranties for a particular purpose. In no event shall ITE Canada 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 this information.

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.

Furthermore, ITE Canada makes no representations or warranties that the operation of the website will be uninterrupted or error free; that defects or errors in the website will be corrected; that the website will be free from viruses or harmful components; and that communications to or from the website will be secure or not intercepted.

SECURITY

Please note that information sent or received over the Internet is generally unsecure and ITE Canada cannot and does not make any representation or warranty concerning security of any communication to or from the website or any representation or warranty regarding the interception by third parties of personal or other information.

ADVERTISING AND LINKS

ITE Canada accepts advertising from listed companies, brokers and other organizations and receives a fee from their advertising on the ITE Canada website. No endorsement by ITE Canada is intended or implied by the presence of such advertising. As a convenience to our visitors, the ITE Canada 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 ITE Canada 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 www.itecanada.org and not to other pages within the ITE Canada 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 ITE Canada 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.

LIMITATION OF LIABILITY

Subject to applicable law, in no event shall ITE Canada, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if ITE Canada knew of or ought to have known of the possibility of such damages.

ITE Canada expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the website or any advertiser or sponsor of the website (collectively, third-party user). Under no circumstances shall ITE Canada and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from the website.

If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the website, you do so entirely at your own risk.

You hereby release ITE Canada and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the website or by third parties through 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. You are hereby granted the right to access and use the Software embedded and integrated into the website, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.

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.

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.

CHANGES TO TERMS OF USE

We reserve the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions so we encourage you to visit this page frequently to stay informed.

VIOLATIONS OF TERMS OF USE

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 site.