1 - Introduction
Information We Collect
(i) Personal Information
(ii) Non Identifiable Information
"Non-Identifiable Information" is information that cannot be associated with or traced back to a specific individual. For example, Non-Identifiable Information may include information about your visit to our site, your Internet Protocol address, operating system, web browser software or the domain from which you accessed the Internet. Non-Identifiable Information is generally collected in an aggregated form. We collect Non-Identifiable Information to diagnose problems with the Website, to determine how visitors use the Website and to administer and improve the Website.
"Cookies" are small computer files transferred to your computer's hard drive. Cookies assist us in collecting information related to your use of the Website, such as number of visits, average time spent, page views and other statistical information. Cookies may also be used so that visitors do not have to continually log-in to use personalized services when they revisit the Website. You may set your browser to notify you when you receive a cookie or to prevent cookies from being transferred.
Use and Disclosure of Information
(i) Use and Disclosure of Your Personal Information
Your Personal Information shall be retained and used only for such purposes as responding to your requests, customizing future interaction and content, improving Midland Transport's services, conducting requested transactions and communicating with you. In addition, Midland Transport may, from time to time, use your Personal Information to contact you about changes or enhancements to the Website or Midland Transport's products and services.
If you indicate to Midland Transport that you are interested in receiving information, newsletters or offers from Midland Transport, Midland Transport may send you email publications and mailings about products and services that we feel may be of interest to you. If at any time you wish to end your subscription to our publications or stop receiving such information, please contact us in the manner described below or follow the directions included with any such communication from Midland Transport.
Midland Transport sometimes contracts with outside organizations to perform specialized services such as hosting the Website. Our suppliers may at times receive, process or handle some of your Personal Information. Only the Personal Information necessary to perform the specific services is given to the supplier and we require that such suppliers protect your Personal Information in accordance with Midland Transport policies, including providing a level of protection for your Personal Information that is comparable to ours.
(ii) Use and Disclosure of Non-Identifiable Information
Midland Transport may use Non-Identifiable Information to assess the effectiveness of content and traffic at the Website. This allows Midland Transport to improve the quality of visits by streamlining your ability to navigate the Website and developing featured programs and content that will be of interest or useful to visitors to the Website. Aggregate Non-Identifiable Information is used to perform statistical analyses of the collective characteristics and behaviour of our visitors, to measure user demographics and interests regarding specific areas of the Midland Transport Website and analyze how and where best to use resources.
Aggregate Non-Identifiable Information may be used to describe our services to third parties. Your Personal Information will not be disclosed in any of these circumstances; only Non-Identifiable Information will be disclosed.
Accessing Your Personal Information
You have the right to access, verify and amend all your Personal Information collected by Midland Transport by contacting us in the manner described below.
The choice to provide us with Personal Information is always yours. In certain cases, your decision to withhold information essential to take advantage of certain features may limit the services that we can provide to you. Midland Transport will not require, as a condition of providing service, that you consent to the collection, use or disclosure of personal information that is not reasonably necessary for the provision of that particular service.
Comments, Questions and Complaints - Contact Us
Privacy Officer Midland Transport 100 Midland Drive Dieppe, NB E1A 6X4 Phone: 1-888-643-5263
Last Updated on (January 3, 2005)
This site is owned and operated by, or on behalf of, Midland Transport. We've designed this site to be useful, informative, and fun. We hope we've succeeded - and we hope you will let us know how we can make it even better.
All we ask in return is that you abide by the terms and conditions that follow. Please read them carefully, because your access to this site is provided conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). When you use our site, you automatically agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use our site.
Midland Transport has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted on our site. Please check the Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of our site immediately. Your continued use of our site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of our site and do not alter the terms or conditions of any other agreement you may have with Midland Transport.
Midland Transport either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content that is made available to you on our site, or has obtained the permission of the owner of the intellectual property in such content to use the content on our site. Our site, including without limitation all content on our site, may be protected by Canadian, US, and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the content on our site by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of our site and to prevent any unauthorized copying of the content on our site. Any software, as well as any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through our site is the copyrighted work of Midland Transport or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of our site.
For greater certainty, Midland Transports' services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Midland Transport reserves all such rights.
Certain names, graphics, logos, icons, designs, words, titles and phrases on our site constitute trademarks, trade names, trade dress and associated products and services of Midland Transport or its affiliates (the "Marks"), and may be protected in Canada, the US, and internationally and their display on our site does not convey or create any license or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of Midland Transport is strictly prohibited. In order to indicate which items are protected, Midland Transport may, without limitation, use an * symbol which refers to a footnote explaining the intellectual property rights of Midland Transport (as shown at the bottom of these Terms and Conditions); may use a ™ or a ® symbol; or may use a differentiating font style.
Other trademarks, trade names, trade dress and associated products and services mentioned on our site may be the trademarks of their respective owners. The display of these trademarks, trade names, trade dress and associated products and services on our site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
Midland Transport considers all of its intellectual properties to be very important assets of Midland Transport and will protect them from unauthorized use by others. Except as expressly provided herein, Midland Transport does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of Midland Transport or of any other contributor of content to our site.
You agree not to re-use material from our site. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you first obtain our written consent.
You agree not to modify the materials from our site or use them for any other purpose; if you do, you will be violating our intellectual-property rights.
Midland Transport grants to you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on our site, for personal or educational purposes only, provided that:
you do not modify or misrepresent any such content; and
you include with and display on each copy of such content the associated copyright, trademark, or other proprietary notices (that is, the line at the bottom of this page, and the symbols next to our designs) and this limited license.
Content authorized for release to media can also be displayed, printed, downloaded and used in keeping with the normal practices governing the release of authorized material by other means.
No other use is permitted. Without limiting the foregoing, you may not, nor may you allow others to, directly or indirectly:
remove, from any copy of the content on our site, the copyright or other proprietary notices contained in the content on our site; sell, modify or attempt to modify the content of our site in any way or reproduce or publicly display, perform, or distribute or otherwise use any content on our site for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the content on any other website; or transfer any of the content on our site to any other person without the prior written consent of Midland Transport;
print or copy any of the HTML or other computer software that is accessible at our site;
use our site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, our site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through our site (including without limitation uploading, posting or otherwise transmitting on our site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on our site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from our site or the content on our site in whole or in part);
use or attempt to use another's account, password, or other information in connection with our site without prior written authorization from Midland Transport; create or use a false identity on our site, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to our site; or send to our site or Midland Transport any incomplete, false or inaccurate information; or
disrupt or interfere with any other person's use or enjoyment of our site or affiliated or linked site, or any services thereof; or delete or revise any of the content posted on our site.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of content on our site, and that you will comply with all laws that apply or may apply to your use of activities or content on our site or in respect of the content on our site. Midland Transport will investigate occurrences that may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Midland Transport reserves the right at all times to disclose any information regarding your usage of content on our site as necessary to satisfy any law, regulation or governmental request.
Disclaimers of Warranties
Midland Transport does not make any, and expressly disclaims all, representations, warranties, covenants, and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade, regarding our site.
For greater certainty, Midland Transport does not represent or warrant (1) that our site will continue to operate, operate without interruptions or be error-free; (2) the quality, accuracy, completeness or suitability of any claims, statements or information on our site; (3) that defects in our site will be corrected; (4) that our site is free of viruses or other harmful components; or (5) that successful results or outcomes will result from properly following any instructions or directions contained in the materials on our site. Our site is provided "as is" without warranty or condition of any kind. Our site may include inaccuracies or typographical errors.
Links and Disclaimers of Linked Sites
We sometimes provide access to other World Wide Web sites from our site. These links and other "resources" referenced on this site are provided merely as a convenience to users of the World Wide Web, and inclusion in our site does not constitute an endorsement by or affiliation with Midland Transport. If you decide to visit any linked site other than our site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in our site or you have moved to another site.
While Midland Transport tries to ensure that our site only links to sites that share our high standards of decency, fairness, and integrity, Midland Transport is not responsible for the contents of any such linked pages or any other pages not under our control and/or part of our site. Midland Transport makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described, other than with respect to our site.
Links do not imply that Midland Transport sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Midland Transport. You agree that you shall not point or link from a site directly to content within our site without the express prior written permission of Midland Transport. Midland Transport reserves the right to disable links from third-party sites to our site.
Midland Transport is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products. By adhering to this policy, we hope to avoid subsequent misunderstandings among members of the public who submit comments or ideas.
Midland Transport will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do submit material to us:
This means that...
We do not have to treat any such Ideas as confidential;
You cannot sue us for using the Ideas you submit (including, but not limited to, product or advertising ideas);
If we use your Ideas ― or anything similar to them ― we do not have to pay you or anyone else for them;
We will have exclusive ownership of all present and future rights to the Ideas; and
We can use the Ideas for any purpose, without compensating you or anyone else for them. You agree not to assert any ownership right of any kind in the Ideas (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
You acknowledge that you are responsible for any submission you make ― in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Disclosure and Use of Your Communications
Postings to this site and electronic mail delivered to Midland Transport are not confidential, and Midland Transport shall not be liable for any use or disclosure thereof. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this site or to Midland Transport may be used by Midland Transport for any purpose whatsoever, commercial or otherwise, without compensation.
Limitation of Liability
You agree that in no event will Midland Transport, its advertising and promotional agencies, and their respective affiliates, directors, officers, members, owners, partners, employees, agents, representatives, successors and assigns (collectively, "Representatives"), have any responsibility or liability in connection with our site for any loss or damages whatsoever, whether based in contract, negligence or other legal basis, including without limitation direct, indirect, special, punitive, economic, incidental, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, our site, the content of our site or any linked website, or the failure of our site or such linked websites (including without limitation, any damages suffered as a result of omissions or inaccuracies in our site or such linked websites, or any content thereon; the failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure; or the transmission of confidential or sensitive information to or from our site or such linked websites), even if the Representatives, or any of them, were advised of the possibility of such damage or loss or if such damage or loss was foreseeable.
You agree to release, indemnify and hold harmless Midland Transport and the Representatives, and such other additional persons as are identified in the terms, conditions and rules which govern specific promotions, contests or other programs on our site as being released from liability and/or indemnified by you (collectively referred to herein as the "Releasees") from all liability relating to or arising in connection with your use of our site including injuries, loss or damage of any kind, whether to persons, including death, or property, or otherwise, resulting in whole or in part, directly or indirectly, in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to our site, the content of our site or any linked website, and including without limitation liability arising from negligence, and reasonable legal and accounting fees. You acknowledge and agree that the Releasees have not made, and are not liable for, any representation, warranty or condition in respect of our site.
Unless otherwise specified, the materials on our site are presented to provide information about Midland Transport and its services. The services referred to in this site are available in Canada and/or the United States and may not be available in your country.
If you use our site from locations outside Canada and the US, you do so on your own initiative and are responsible for compliance with any applicable local laws. Accessing the content of our site from locations where their contents are illegal is prohibited.
Changes to Site
Midland Transport may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of our site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, its site (ii) adding, removing or changing any fees or charges for use of our site or any other site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any content on our site. Midland Transport reserves the right, in its sole discretion, to correct any errors or omissions in any portion of our site at any time without notice, but confirms that it has no duty to do so.
Choice of Law
By accessing our site, you agree that all matters relating to the access to, or use of, our site shall be governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable therein or the laws of the State of New York, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. You agree not to export any of the Content accessible through our site in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms and Conditions.
MISCELLANEOUS POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT
Any cause of action you may have with respect to your use of our site or which is the subject of the Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Midland Transport. Midland Transports' failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms and Conditions shall be made except by a revised posting on this page. The Terms and Conditions shall ensure to the benefit of Midland Transport and its affiliates. Any and all references in the Terms and Conditions to Midland Transport and its affiliates shall, where the context so permits, include Midland Transports' parent companies, sister companies, related and affiliated companies and their respective directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third-party software on or through a link provided on our site. Midland Transport may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.