PLEASE READ THESE TERMS OF SERVICE (AS AMENDED AND MODIFIED FROM TIME TO TIME) (THE “TERMS OF SERVICE”) CAREFULLY BEFORE USING THIS WEBSITE LOCATED AT www.ehaulers.com (THE “WEBSITE”). IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS OF SERVICE. 1524158 ALBERTA Ltd. operating as Ehaulers, Ehauler, Ehaulers.com or Ehaulers.ca (“EHAULERS”) STRONGLY SUGGESTS THAT YOU PRINT A COPY OF THESE TERMS OF SERVICE AND KEEP A COPY THEREOF FOR YOUR RECORDS.
ACCEPTANCE OF TERMS OF SERVICE: The Terms of Service describes the terms and conditions with which Ehaulers offers you access to the services available at the Website. Once you accept the terms and conditions of this Terms of Service, you hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Terms of Service by posting the modified Terms of Service with its new terms and conditions on the Website. All modified terms and conditions shall take effect immediately after posting to the Website. You agree and consent to any and all modified terms and conditions hereunder. These Terms of Service may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify thEsE Terms of Service or discontinue our Website at anytime and without notice and without any liability or responsibility to you.
THIS WEBSITE IS A NEUTRAL VENUE. Ehaulers is not a transportation service provider, freight forwarder or broker. Our Website acts as a venue where users who create accounts on the Website (“Subscribers”) can meet and enter into terms of service. We are not involved in the actual transaction between Subscribers. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our Website. Ehaulers does not prequalify or validate the claims of Subscribers including with respect to their licensure, insurance and registration. We and our Website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other Subscribers. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of services. We cannot and will not guarantee the ability of Subscribers to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of Subscribers to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to services are not provided by us and are specifically and solely between you and the other Member. Because we are not involved in the actual transportation between Subscribers, we have no control over the accuracy of listings, the ability of Subscribers to transport vehicles or other items, or the ability of Subscribers to send items. We cannot ensure that a Subscriber will actually complete a shipment. EHAULERS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. EHAULERS CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, EHAULERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT EHAULERS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
INTRODUCTION: Through the Website, Ehaulers offers an Internet-based "dispatch system" in the auto transport industry (the "Dispatch System") that helps connect companies and individuals in the auto transport industry by (1) allowing Subscribers to post data and information regarding vehicles for shipment or means for shipment of vehicles, references, evidence of insurance coverage, copies of government licenses and other data and information that can be reviewed by other Subscribers who may be interested in entering into a business relationship with such Subscribers, and (2) allowing Subscribers to make their own independent evaluations of whether they are interested in entering into such business relationships with other Subscribers. You understand and acknowledge that Ehaulers does not and cannot control the reliability, completeness, usefulness, safety or accuracy of data and information available through the Website, including, without limitation, through the Dispatch System, because such data and information is provided solely by the Subscribers, who are third parties independent of Ehaulers.
STANDARDS OF CONDUCT: YOU SHALL ABIDE BY THE FOLLOWING STANDARDS OF CONDUCT. YOUR FAILURE TO FULLY ABIDE BY THE FOLLOWING STANDARDS OF CONDUCT MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF YOUR ACCOUNT, YOUR ACCESS TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE DISPATCH SYSTEM. You agree that you shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, fraudulent, misrepresentative or otherwise unlawful data, information or material or data, information or material that is subject to third party proprietary or intellectual property rights (unless you have express written and legally valid permission from their rightful owner); (3) send or store data, information or material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Website, or the data, information or materials contained thereon; (5) attempt to gain unauthorized access to the Website, the Dispatch System or their respective related systems or networks; (6) restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website; (7) use the Website for any unlawful purpose; (8) express or imply that any statements you make are endorsed by Ehaulers, without Ehaulers’ prior written consent; (9) "Frame" or "mirror" any part of the Website without Ehaulers’ prior written authorization; (10) harvest or collect information about Website visitors or Subscribers without their express consent; (11) direct link, inline link, deep link or otherwise hyperlink any page of the Website other than the home page; or (12) page-scrape, robot, spider, hack, password mine or use any automatic or manual program or process to access or use the Website or any of its content. While using the Website, you agree to comply with all applicable laws, rules and regulations. CAUTION: ANY ATTEMPTED IMPROPER USE OR AN ATTEMPT BY YOU OR ON YOUR BEHALF TO DELIBERATELY DAMAGE OR CORRUPT THE WEBSITE OR TO USE THE DISPATCH SYSTEM OR OTHER SERVICES PROVIDED BY EHAULERS ON THE WEBSITE IN VIOLATION OF THE ABOVE STANDARDS OF CONDUCT MAY VIOLATE CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, EHAULERS AND ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT OF THE LAW. You understand and acknowledge that you may be exposed to data and information that is inaccurate or that otherwise violates any of the standards of conduct described above, and you hereby waive all legal or equitable rights or remedies you may have against Ehaulers with respect thereto. You understand and acknowledge that the Website, including, without limitation, the Dispatch System, is provided to you solely as means for helping you connect with companies and individuals in the auto transport industry. Without limiting the generality of anything set forth in these Terms of Service, you also acknowledge and agree that Ehaulers has no monitoring, enforcement or other obligations or responsibilities in relation to the Subscribers, any data, information or materials provided by them, their businesses or any business relationships between the Subscribers. If you decide to enter into a business relationship with a Subscriber, you understand and agree that you do so at your sole risk and you are solely responsible for managing such business relationship and enforcing any and all rights and remedies you may have against such Subscriber.
RIGHT TO REJECT OR REMOVE SUBSCRIBERS: We reserve the absolute right to reject your participation, or remove you from your current participation, in the Ehaulers Website at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of your participation can include but is not limited to: any circumvention of the Ehaulers marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of Subscribers; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.
Carriers: If you are a Subscriber and a carrier that enters into a business relationship with another Subscriber, you shall be solely and fully responsible for abiding by all applicable industry and professional standards, including, without limitation: (1) pick-up and deliver vehicles within the agreed upon windows of time and at the agreed upon price; (2) promptly notify all appropriate parties of unexpected delays in the pick-up or delivery of vehicles; (3) handle vehicles so as to avoid any damage to the vehicles; (4) provide appropriate parties with a completed and signed bill of lading/vehicle condition form upon delivery of the vehicles; (5) handle damage claims fairly and responsively; (6) promptly forward COD payments in excess of agreed upon carrier payment to brokers or applicable parties, when applicable; (7) interact with all parties in a professional and courteous manner; (8) maintain adequate insurance coverage and applicable licenses and bonds at all times; and (9) comply with all applicable laws, rules and regulations in any state or province or locality in which they are operating. Ehaulers has no monitoring, enforcement or other obligations or responsibilities in relation to compliance with such industry and professional standards.
Brokers, Dealers, Freight Forwarders, Auctions, Corporate Relocation Specialists, Manufacturers and Rental Agencies: If you are a Subscriber and a broker, dealer, freight forwarder, auction, corporate relocation specialist, manufacturer, rental agency or other entity that posts vehicles for shipment on the Website and enters into a business relationship with another Subscriber, you shall be solely and fully responsible for abiding by all applicable industry and professional standards, including, without limitation: (1) provide the agreed upon vehicle to carriers at the agreed upon time and price; (2) make prompt payment of outstanding balances owed to carriers; (3) remove from view on the Website loads that you have posted for shipment on the Website once an agreement has been made to ship such loads with a carrier; (4) interact with all parties in a professional and courteous manner; (5) maintain adequate insurance and applicable licenses and bonds at all times; and (6) comply with all applicable laws, rules and regulations. Ehaulers has no monitoring, enforcement or other obligations or responsibilities in relation to compliance with such industry and professional standards.
ACCOUNT: In order to become a Subscriber, you have to select the "I ACCEPT" button before the first time you are prompted to provide data and information about yourself. You agree to (a) provide accurate, current and complete information about yourself as prompted by Ehaulers’ registration form, and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any data and information provided by you is untrue, inaccurate, not current or incomplete, you shall bear sole and full responsibility for such data and information, you shall indemnify, defend and hold harmless Ehaulers, its affiliates, and their respective directors, officers and employees from and against all losses, liabilities, demands, penalties, judgments, damages, costs and expenses resulting from any and all claims, demands, actions and other proceedings by any third party relating to such data and information, and Ehaulers reserves the right to terminate your account and/or your access to the Website, including, without limitation, the Dispatch System. As part of the registration process, you may be asked to select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account with Ehaulers is no longer secure, you must promptly change your password by visiting the Website or notify Ehaulers of the problem by contacting Ehaulers through the Contact Us link found at the bottom of the Website. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
CHANGES TO SERVICE: The Website is expected to change from time to time. Ehaulers reserves the right to change any service offered, or the features of any service offered on the Website at any time with or without notice.
PAYMENT TERMS: You must pay subscription and other fees, including cancellation or termination penalties and fees as per Ehaulers’ rate schedule in effect from time to time in order to access or use your account and the Website's services. You are also responsible for any sales, use or other taxes applicable to your subscription. Payment is due immediately upon request by Ehaulers. Delinquent accounts are subject to immediate suspension or termination without notice. Subscription fees shall not be pro-rated for any partial period. If payment by credit or debit card is not received by Ehaulers from the card issuer or its agents, you agree to pay all amounts due upon demand by Ehaulers.
EXPIRATION, TERMINATION, SUSPENSION: Your subscription to this Website shall expire automatically at the end of each calendar month for which you have paid the monthly subscription fees in advance, unless you pre-pay your applicable subscription fees for an additional calendar month, in which case your subscription shall continue for an additional calendar month. Either you or Ehaulers may terminate your account at any time with or without reason. Ehaulers may also suspend your account or access to certain features of the Website at any time with or without reason. TERMINATION OR SUSPENSION DOES NOT RELEASE YOU FOR FEES, TAXES OR OTHER CHARGES DUE, AND SUBSCRIPTION FEES SHALL CONTINUE TO ACCRUE DURING ANY SUSPENSION. Ehaulers may delete all data, files or other information and materials stored in your account upon termination. Provisions set forth in the sections entitled "Limited Right to Use", "Payment Terms", "Expiration; Termination; and Suspension", "No Warranty; Limitation of Liability", "Indemnity", "Release", "Non-Transferability", "Confidentiality", "Use of Company Name" and "General" shall survive any termination.
NO WARRANTY, LIMITATION OF LIABILITY: ACCESS OR USE OF THE WEBSITE AND ITS SERVICES ARE AT YOUR SOLE RISK. EHAULERS DOES NOT WARRANT THE RELIABILITY, COMPLETENESS OR ACCURACY OF THE WEBSITE, ITS SERVICES OR ANY INFORMATION, DATA OR MATERIALS ON THE WEBSITE. THE WEBSITE, ITS SERVICES AND ANY INFORMATION, DATA OR MATERIALS ON THE WEBSITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY), ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. EHAULERS’ TOTAL LIABILITY TO YOU (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, ITS SERVICES OR ANY DATA OR INFORMATION ON THE WEBSITE SHALL BE NO MORE THAT THE SUBSCRIPTION FEES PAID BY YOU TO EHAULERS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL EHAULERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA). WITHOUT LIMITING THE FOREGOING, EHAULERS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (1) YOUR INABILITY TO ACCESS OR USE THE WEBSITE AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF EHAULERS (INCLUDING, WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (2) ANY DATA, INFORMATION OR MATERIALS PROVIDED BY THE SUBSCRIBERS. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED.
INDEMNITY: You shall indemnify, defend and hold harmless Ehaulers, its affiliates, and their respective directors, officers and employees from and against all losses, liabilities, demands, penalties, judgments, damages, costs and expenses (including reasonable attorneys' fees and costs) resulting from any and all claims, demands, actions and other proceedings arising out of or resulting from (1) your access or use of the Website and its services (including, without limitation, the Dispatch System) and your account, whether or not authorized, (2) any and all material or other data and information submitted by you to the Website and/or Ehaulers, (3) any and all services provided by you to other Subscribers or other representations thereto, or communications and interactions therewith, (4) your breach of any covenant, representation or warranty contained in these Terms of Service, (5) your negligent or willful acts or omissions, and (6) a breach of any covenant, representation or warranty contained in these Terms of Service by any employee, agent, affiliated entity or individual or any other person, organization or entity to which a Subscriber has direct or indirect supervisory, employer, agency, or contractual control over.
RELEASE: If you have a dispute with one or more Subscribers, you release Ehaulers (and its affiliates, and their respective directors, officers and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
NON-TRANSFERABILITY: Your account, your limited rights of use above and all of your rights and obligations under these Terms of Service are not transferable or assignable by you in any way and any purported transfer or assignment shall be void. You agree to protect your password and other account information from unauthorized use.
USE OF COMPANY NAME: You grant Ehaulers the right, at Ehaulers’ option and expense, to use the name of the entity you represent (if any), including reproduction of such entity's trademark, trade name, service mark and logo, for advertisements and on other marketing materials of Ehaulers.
NO AGENCY: You hereby agree and acknowledge that your execution of this Terms of Service, your provision of services and/or your use of the Website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
INFORMATION YOUR SUBMIT: You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other Subscribers for the purpose of bypassing Ehaulers transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our Website. Furthermore, you may not list any shipment or trip on our Website that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the terms of this Terms of Service. You authorize Ehaulers to use the information you supply to us in connection with our services and in accordance with this Terms of Service. This Website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the Website that is in violation of this Terms of Service, illegal, threatening, or lewd. You acknowledge and agree that this Website acts as a passive conduit for any of your on line communication or distribution of content or information. Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the Website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
Will not violate any federal or provincial law, regulation, rule, or statute;
Will not violate the terms of this Terms of Service;
Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
Will not be libellous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about Ehaulers employees, agents, other Subscribers, or the marketplace itself;
Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our Website, operation of any of our systems and or create or impose a large burden or load on our Website;
Will not scan or test the vulnerability or security of our Website or the system within which it operates;
Will not be used for commercial or public purposes outside of the requirements of this Terms of Service;
Will not create liability for us in any manner whatsoever;
Will not frame or link to our Website without our written permission;
Will not involve the upload, or insertion of, any programming language or code into or onto, our Website
You agree to use common sense and good judgment when conducting or posting any only communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
CONFIDENTIALITY / NON-DISCLOSURE: As a result of the performance of these terms of service and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Terms of Service. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Terms of Service. Furthermore, you acknowledge that Our Information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
TAXES: You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this Website.
ADVERTISERS: This Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Ehaulers is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
THIRD PARTY CONTENT: Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Certain of the content on this Website is copyrighted by Ehaulers, external experts, contributors, or other third parties. This content is provided “as is” without warranty of any kind. Neither we, nor any data suppliers make any warranty whatsoever as to the accuracy or completeness of the content or the results to be obtained from using the information contained therein and neither we nor any data suppliers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content. The entire risk for the results and performance of the content is assumed by the user. Further, neither we nor any of our data suppliers make any representations or warranties, either express or implied, with respect to the content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the content or any information contained therein. In no event will we or any data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the content or for any loss or damage of any nature caused to any person as a result of that use. Material contained in the content may not be duplicated or redistributed without the prior written consent of us and the copyright holder, except that one print copy of search output is permitted for use within the user’s organization and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use. Advertising and sponsored links found on content pages from third party providers are not provided by those content providers and are not endorsements.
RECORD KEEPING / AUDIT: We reserve the right to keep all records of any and all transactions and communications between you and other Subscribers for administration purposes.
NON-SOLICITATION: During the term of this Terms of Service, you shall not speak with or contact in any manner without our express written consent, solicit to hire nor hire our employees of whom you become aware of through the performance of this Terms of Service. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our Subscribers. In addition, you will not directly or indirectly through any other person or entity (i) induce or attempt to induce any of our employees away from such employment, or in any way interfere with the relationship between us and any of our respective employees, (ii) hire any person who was our employee within three months following the termination of the employment of such person, as the case may be, or (iii) induce or attempt to induce any customer, supplier, licensee, licensor, franchisee or other person or entity having business relations with us to cease doing business with us, or in any way interfere with our relationship and any such customer, supplier, licensee, licensor, franchisee or person or entity having business relations with us (including, without limitation, making any negative or disparaging statements or communications regarding us, our employees or officers, or our business).
NON-COMPETITION: You expressly agree that you will not, during such time that you are using our services, and for a period of two (2) years afterward, in such location that Ehaulers practices business, directly or indirectly own any interest in, provide financing or financial assistance to, operate, manage, control, participate in, design technology similar to, consult with, advise, provide services to, or in any other manner carry on, engage in or assist any business (whether individually or through or in association with any other person or entity) that is the same as, similar to or competitive with the business of Ehaulers. In addition, you expressly agree that you will not solicit any of our existing customers away from our business. You further agree that in the event of a breach of this provision that we may purse all available legal remedies against you, including, injunctive relief or special remedies, and that you will further surrender, and hold in trust for Ehaulers, any profits made as a result of a contravention of this provision.
EXCLUSIVITY: You expressly acknowledge that by agreeing to these terms and conditions that you will not use a website or other service that is in direct competition with Ehaulers. You further acknowledge that in the event of a breach of this condition that your rights as a use of Ehaulers will be immediately terminated.
RIGHT TO INJUNCTIVE RELIEF: You agree that any breach of the terms of this Agreement would result in immediate and irreparable injury and damage to us for which we could not be adequately compensated by damages. You therefore also agree that in the event of any such breach or any anticipated or threatened breach, we shall be entitled to equitable relief by way of temporary or permanent injunction, without having to prove damages, in addition to any other remedies (including damages) to which we may be entitled at law or in equity.
NO LEGAL PROCEEDINGS: You represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
REMEDIES: Remedies for use of our Website that violate these Terms of Service include, but are not limited to, the immediate removal your shipment or trip listings, notifying our Subscribers of your actions, issuing a warning, temporarily suspending your Subscribership, terminating your Subscribership, and refusing to provide our services to you.
LEGAL COMPLIANCE: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
PROTECTION OF INTELLECTUAL PROPERTY CONTENT: The Ehaulers Website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this Website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
TRADEMARK AND DOMAIN NAME PROTECTION: The Ehaulers Website contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Terms of Service, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Terms of Service or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Terms of Service and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
SECURITY: Ehaulers uses industry standard practices to safeguard your personal information, including firewalls. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Website can be interrupted by numerous factors outside of our control.
GOVERNING LAWS: THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ALBERTA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
GENERAL: The invalidity or unenforceability of any provision of this Terms of Service shall not affect the validity of this Terms of Service as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Terms of Service, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Terms of Service. The section headings used herein are for convenience only and shall not be given any legal import. Ehaulers reserves the right to change these Terms of Service, in whole or in part, at any time with or without notice. Such changes shall be effective when posted on the Website, and your continued access or use of the Website and its services shall be considered acceptance of such changes. If you subscribe to any other Websites owned or operated by Ehaulers, you agree that Ehaulers shall have the right to first apply any payments made under this Website to any outstanding amounts that may be owing with respect to your subscription with any of Ehaulers’ other Websites. Any contract or agreement for auto transport services that you may enter into by accessing and using this Website (whether you are a carrier, broker, dealer or other entity) is solely between you and the applicable carrier, broker, dealer or other entity. Ehaulers is not a party to any such contract or agreement, has no obligations under any such contract or agreement, and expressly disclaims all liability whatsoever arising out of, or in connection with, any such contract or agreement. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service. These Terms of Service constitute the entire agreement between you and Ehaulers, and supersede all other written and oral communications or agreements, with regard to the Website and its services. Any waiver of these Terms of Service by Ehaulers shall only be effective if in a writing signed by an authorized officer of Ehaulers. Ehaulers’ failure to act with respect to a breach of these Terms of Service by you or others does not waive Ehaulers’ right to act with respect to subsequent or similar breaches. Without limiting any other remedy under law, in equity or pursuant to these Terms of Service, you acknowledge and agree that Ehaulers shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. Accessing or using the Website shall constitute effective execution and delivery by you of these Terms of Service.