This User Agreement is a legal agreement between you and Cranial Expansion Learning Solutions Inc. for governing your use of CarriersEdge.
This User Agreement is a binding and enforceable legal agreement that limits your use of CarriersEdge and obligates you to use CarriersEdge only as permitted.
BY USING CARRIERSEDGE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT; IF YOU DO NOT AGREE, DO NOT USE CARRIERSEDGE.
By using CarriersEdge you consent to the collection and release of all information regarding your use thereof including the results of all evaluations completed by you.
2.1 General Terms and Conditions. This User Agreement sets forth the terms and conditions that apply to the use of CarriersEdge by the User.
By using CarriersEdge or by copying, installing or using any of the Content, the User acknowledges that he/she has read this User Agreement, that he/she understands the User Agreement and that he/she agrees to comply with all of the terms and conditions hereof.
If you do not agree with any of the terms and conditions of this User Agreement, do not use CarriersEdge, or copy, install or use any of the Content.
2.2 Right to Use and User Account. The right to use CarriersEdge is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of the security information and measures associated with the User Account. The User shall not permit any other person or entity to use the User’s User Account or security information and security measures. The User will not provide any information relating to the User Account, including any authentication or security information to any other person or entity, including any other user of CarriersEdge.
The User is responsible for all use of the User Account and for ensuring that all use of the User Account complies fully with the provisions of this User Agreement.
2.4 Non-exclusive License. The Licensor grants to the User a non-exclusive license to use CarriersEdge. This license does not grant to the User any right to any improvement, enhancement or update to CarriersEdge or to the Content. The Licensor retains all rights to CarriersEdge.
The User agrees not to use CarriersEdge for any purpose other than for personal training, development and evaluation in accordance with the terms of this User Agreement. The User will not use CarriersEdge in any way to provide, or as part of, any other service or application, whether a fee is charged or not, without the prior written consent of the Licensor, which may be withheld by the Licensor for any reason.
4.1 Proprietary Information. CarriersEdge contains copyrighted material, trademarks, trade secrets and other proprietary information, including, but not limited to, text, computer code, photographs, video, graphics, music, sounds, user interfaces, visual interfaces, logos. The content of CarriersEdge is copyrighted as a collective work under the copyright laws of Canada. The Licensor owns a copyright in the design, structure, selection, coordination, expression, "look and feel", and arrangement, and enhancements of, the Content.
The User may not decompile, reverse engineer, or otherwise reduce CarriersEdge to a human-perceivable form.
The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, the Content, in whole or in part. If applicable, the User may obtain, or download, copyrighted material for the User's personal use only. No copying, redistribution, retransmission, publication or commercial exploitation of the downloaded copyrighted material is permitted without the express written permission of the Licensor and the copyright owner. The User acknowledges that it does not acquire any ownership rights by downloading the copyrighted material.
In the event of any permitted copying, redistribution, retransmission, or publication of the copyrighted material, no changes in, or deletion of, author attribution, trademark legend or the copyright notice language shall be made.
4.2 Lawful Purposes. The User shall use CarriersEdge for lawful purposes only.
The User will use CarriersEdge only in a manner that complies with all applicable laws, including, without limitation, applicable restrictions concerning copyright and other intellectual property rights, laws or regulations relating to privacy, and laws or regulations relating to unsolicited electronic commercial messages.
The User shall not post or transmit through CarriersEdge any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without CarriersEdge's express prior approval, contains advertising or any commercial solicitation with respect to products or services including, but not limited to, the solicitation of the Users of CarriersEdge to become subscribers of other online training services competitive with CarriersEdge.
Any conduct by the User that the Licensor considers to restrict or inhibit any other User from using or enjoying CarriersEdge will not be permitted.
4.3 User Content. The User shall not upload, post, or otherwise make available on CarriersEdge any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
The burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with the User. The User shall be solely liable for any damage resulting from any infringement of the copyright, trademark, or other proprietary rights, or any other harm resulting from the User’s upload, post or act of making available such material.
Any content or material uploaded by the User, for which the User owns the copyright, trademark, or other proprietary rights, shall at all times remain the property of the User. Upload of content into the CarriersEdge system shall not be considered a transfer of ownership to CarriersEdge, unless specifically and separately agreed to by both CarriersEdge and the User.
4.4 User Information. The User consents to the collection and storage of personal information by the Licensor, and information related to the User’s use of CarriersEdge. The User consents to monitoring of the User’s use of CarriersEdge by the Licensor and the Subscriber.
The User consents to the release of all information related to the User's use of CarriersEdge, including, without limiting the generality of the foregoing, all information regarding courses or modules completed or started by the User and evaluations completed by the User, to the Licensor, the Subscriber, or any other party entitled to such information by law.
The User further consents to release of all information regarding the User's use of CarriersEdge to any third party if required for the purpose of any actual or threatened litigation involving the Licensor or the Subscriber.
5.1 Content and Service. The Licensor and its affiliates, and any of their respective employees, agents, third party content providers and licensors, do not promise that CarriersEdge and the Content will be error-free or uninterrupted, or that any defects will be corrected, or that the use of CarriersEdge will provide specific results. CarriersEdge and the Content are provided on an "as-is" and "as-available" basis.
The Licensor and its affiliates disclaim all warranties, express or implied, including any warranties of accuracy, reliability, accessibility, privacy of files or electronic messages, security, non-infringement, merchantability and fitness for a particular use or purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this User Agreement.
5.2 User’s Risk. The User expressly agrees that the use of CarriersEdge is at the User's sole risk. The User assumes all risk as to the operation, quality, results and performance of CarriersEdge.
The User expressly acknowledges that CarriersEdge is intended as a training aid to assist the User in understanding certain selected regulatory, safety and professional development topics. The User expressly acknowledges that it is the User's sole responsibility to familiarize himself/herself with all applicable regulatory and safety requirements, whether or not all applicable regulatory and safety requirements are included in CarriersEdge.
The Licensor does not warrant that the content of CarriersEdge is accurate or timely, or that it is a complete review of all applicable regulatory and safety requirements, and does not warrant that completing any or all training provided by CarriersEdge or the issuing of any Certificate through CarriersEdge qualifies the User to perform any service or occupation, including operation of a truck vehicle.
The User expressly acknowledges that the Licensor is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User. The User specifically acknowledges that the provisions of this section shall apply to all Content.
8.1 Disclaimer of Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, the Users of CarriersEdge, are those of the respective author(s) or distributor(s) and not of the Licensor. Neither the Licensor nor any third party providers guarantees the accuracy, completeness, or usefulness of any content, or its merchantability or fitness for any particular use or purpose.
The User shall not hold any of the third parties liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all, or any part thereof, or for any damage arising from any of the foregoing.
Refer to section 5 herein for the complete provisions governing disclaimers of warranty and limitations of liability.
10.1 Notice. To provide notice to the Licensor, or for more information, the User may contact the Licensor at the following: