User Agreement

Welcome to the User Agreement for Truck News Classifieds. This Agreement describes the terms and conditions applicable to your use of our services available under the domain of www.trucknews.com  By utilizing any of our services offered on our Web Site or through any of our affiliates, you agree to abide by the terms of this User Agreement, so please read it carefully.

Please note that you must be at least 18 years old to use any of our services and you must be legally able to sell the item(s) you list for sale on our site. If you are not at least 18 years old you may not use our services without adult supervision. By using any of our services offered by Truck News Classifieds or any of our affiliates you warrant that you are at least 18 years old. In addition, when using Truck News Classifieds services, you and Truck News Classifieds shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. If you do NOT agree to accept and to be bound by the terms and conditions of this Agreement, please do NOT use or access our services.

The User Agreement constitutes the entire agreement between you and Truck News Classifieds and govern your use of the Service, superceding any prior agreements between you and Truck News Classifieds. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The User Agreement and the relationship between you and Truck News Classifieds shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and Truck News Classifieds agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.

1. Acceptance of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH Truck News Classifieds OFFERS YOU ACCESS TO OUR SERVICES

YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS USER AGREEMENT AND THE PRIVACY POLICY, WHICH INCLUDE THOSE TERMS AND CONDITIONS EXPRESSLY SET OUT BELOW AND THOSE INCORPORATED BY REFERENCE, BEFORE YOU MAY REGISTER OR UTILIZE ANY OF OUR SERVICES OFFERED ON OUR WEB SITE. WE STRONGLY RECOMMEND THAT, AS YOU READ THIS USER AGREEMENT, YOU ALSO ACCESS AND READ THE INFORMATION CONTAINED IN THE OTHER PAGES AND WEBSITES REFERRED TO IN THIS DOCUMENT, AS THEY MAY CONTAIN FURTHER TERMS AND CONDITIONS THAT APPLY TO YOU AS AN Truck News Classifieds.CA USER. IN ADDITION, BY ACCEPTING THIS USER AGREEMENT, YOU AGREE THAT YOUR USE OF OUR AFFILIATED WEBSITES WILL BE GOVERNED BY THE TERMS AND CONDITIONS POSTED ON THOSE WEBSITES.

Please carefully note that our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Truck News Classifieds already registered users. If you are a minor, you may use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement

2. Description of Service

3. Your Registration Obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Truck News Classifieds has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Truck News Classifieds has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Truck News Classifieds Privacy Policy

Registration Data and certain other information about you is subject to our Online Privacy  &  Privacy Policy. For more information, click here to see our full Privacy Policy.

5. User Id, Password and Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Truck News Classifieds of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Truck News Classifieds cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Fees & Services

Registration and joining Truck News Classifieds is free. Our Schedule of Fees is available at our FEES section. We may change our Fees and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on our Web Site. However, we may choose to temporarily change our Fees and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on our Web Site. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. All fees are NON-REFUNDABLE. There is absolutely no refund, no credit partial or otherwise for any paid services purchased or offered through our Web Site at Truck News Classifieds. 

7. Identity Verification

We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, Truck News Classifieds cannot and does not confirm each user's purported identity.

8. Information Control

We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with foreign nationals.

9. Listing Policy

You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

10. Fraud

Without limiting any other remedies, Truck News Classifieds may suspend or terminate your advertisement if we suspect that you have engaged in fraudulent activity in connection with our site.

11. Your Information

Definition. "Your Information" is defined as any information you provide to us or other users in the registration, or listing process, in any public message area (including the Advertised item or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

12. Restricted Activities

Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (1) are prohibited under this Agreement (2) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation under local, provincial or federal laws.

13. License

This is solely to enable Truck News Classifieds to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Truck News Classifieds will only use Your Information in accordance with our Privacy Policy.

14. Breach

Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

15. Privacy

We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the Canada that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Please read our Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

16. No Warranty Disclaimer

WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

17. Liability Limit

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 21 DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND NOT EXCEEDING $100.00 WHICHEVER IS GREATER.

18. User’s Conduct

You understand that all information, data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Truck News Classifieds, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via our Web Site. Truck News Classifieds does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Truck News Classifieds be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

·        upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

·        harm minors in any way;

·        impersonate any person or entity, including, but not limited to, an Truck News Classifieds official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

·        forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

·        upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

·        upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

·        upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

·        upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

·        disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

·        interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

·        intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by any provincial or territorial or any rules of any national or local laws;

·        "stalk" or otherwise harass another; or

·        collect or store personal data about other users.

You acknowledge that Truck News Classifieds does not pre-screen Content, but that Truck News Classifieds and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Truck News Classifieds and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Truck News Classifieds or submitted to Truck News Classifieds, including without limitation information in Truck News Classifieds.

You acknowledge and agree that Truck News Classifieds may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Truck News Classifieds, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

19. Content Submitted or Made Available for Inclusion On Our Site

Truck News Classifieds does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Truck News Classifieds the following world-wide, royalty free and non-exclusive license(s), as applicable:

• With respect to Content you submit or make available for inclusion on publicly accessible areas of Truck News Classifieds, you give Truck News Classifieds the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Truck News Classifieds service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Truck News Classifieds removes such Content from Truck News Classifieds.
• With respect to photos, graphics, you submit or make available for inclusion on publicly accessible areas of our Web Site, you give the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Web Site solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Truck News Classifieds removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than those of Truck News Classifieds, you provide a fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Web Site are those areas of the Truck News Classifieds network of properties that are intended by Truck News Classifieds to be available to the general public. By way of example, publicly accessible areas of the Web Site would include Truck News Classifieds searchable database that are open to both members and visitors. However, publicly accessible areas of the Web Site would not include portions of Truck News Classifieds private and personal information that are limited to members, Truck News Classifieds services intended for private communication such as Truck News Classifieds registration, or areas of the Truck News Classifieds network of properties such as portions of World Wide Web Sites that are accessible through Truck News Classifieds that are not hosted or served by Truck News Classifieds.

20. Indemnity

You agree to indemnify and hold Truck News Classifieds, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Truck News Classifieds, your use of the Web Site, your connection to the Web Site, your violation of this Agreement, or your violation of any rights of another.

21. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

22. General Practices Regarding Use & Storage of Data

You acknowledge that Truck News Classifieds may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Truck News Classifieds’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Truck News Classifieds has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Truck News Classifieds reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Truck News Classifieds reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

23. Modifications To Service

Truck News Classifieds reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Truck News Classifieds shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

24. Termination

You agree that Truck News Classifieds, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Truck News Classifieds believes that you have violated or acted inconsistently with the letter or spirit of Truck News Classifieds User Agreement. Truck News Classifieds may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that Truck News Classifieds may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Truck News Classifieds shall not be liable to you or any third-party for any termination of your access to the Service.

25. Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Truck News Classifieds shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

26. Links

The Service may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because Truck News Classifieds has no control over such sites and resourcesyou acknowledge and agree that Truck News Classifieds is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Truck News Classifieds shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

27. Truck News Classifieds’ Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws

28. Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service.

29. Violations