Last updated: March 20, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
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Account means a unique account created for You to access our Service or parts of our Service.
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Country refers to: Canada
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Province refers to: Ontario
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Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to 12572559 Canada Inc., 277 Sixth Street, Etobicoke, Ontario, Canada M8V 3A8.
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Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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Free Trialrefers to a limited period of time that may be free when purchasing a Subscription.
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Paid Trialrefers to a limited period of time that may be discounted when purchasing a Subscription.
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Service refers to the Website, web applications, mobile applications, desktop applications and phone support offered by the Company.
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Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
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Terms and Conditions mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
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Third-party Social Media Servicemeans any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
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Website refers to Super Services, accessible from https://super-services.ca/ as well as accessing from our other domain names https://load-truck.com/ , https://loadsearch.ca/ https://load-truck.ca/. The other domain names all redirect to https://super-services.ca/
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You means the individual accessing or using the Service, or the company (for example a corporation, LLC, partnership) or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditional on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing, viewing, or using the content, data or other information that is available on or through the Service You read, understand and agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You hereby acknowledge and agree that at anytime, and at its sole discretion, the Company may modify the Terms & Conditions by posting the modified Terms & Conditions on the Service, accessible via a link entitled Terms & Conditions associated with this agreement and/or Site or any successor site explicitly designated.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including but not limited to full name, address, province, postal code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable..
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. The required account registration information includes certain information about yourself and the business you represent. The required information is listed on the Registration web page. You agree to update this information to maintain its truthfulness, accuracy, and completeness.
Failure to provide accurate and complete information constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
As part of the registration process you also will be asked to create a password-protected account to access the Services (an “Account”). You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and confidentiality of your Account information and password at all times. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You authorize The Company to include data about You in the Company’s directory. This includes publicly available data about your company and profile information, as well as data You have provided to the Company about your company and operations. This information may be viewable by all other users of the Service.
Each user is required to have their own unique account. Account sharing is strictly prohibited and upon discovery of account sharing – the account in question may be suspended. Each user of the service must register with an individual, unique email address, unique username and password in order to access Our Service.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Company reserves the right to lock out, suspend or terminate accounts in the case that multiple people attempt to log in to Our Service using the same credentials at the same time.
Changes to Services
Our service changes periodically for a variety of reasons including but not limited to business needs and industry trends. As a result the Company reserves the right to modify, suspend or discontinue any aspect of our Services as we see fit, at any time without notice or liability to you. We may impose feature, service and content restrictions at any time without notice or liability to you.
The Company requires that all users of the Service retain the appropriate Federal, Provincial and international authority to operate and carry out business in jurisdictions where they perform business activities. Brokers and carriers must abide by the Federal and provincial transportation safety regulations including but not limited to the Motor Vehicle Safety Act and the Motor Vehicle Transport Act. Users, including all brokers and carriers must also have the appropriate levels of insurance and documentation with MC/DOT registration. No refunds or proration will be made in the case that accounts are suspended or cancelled as a result of non-conformity against relevant industry regulations including for non-authority, lack of insurance, or missing documentation.
Requests to remove a subscription from a user account must be made 5 business days prior to the next bill cycle date. The removal will take effect on the last day of the billing period in which the request is made. The company will not refund any portion of a payment at the time a change request is made.
All users are encouraged to keep records of all communications made with The Company with regards to changes with respect to your account and subscriptions.
Appropriate Use And Rights Granted
Subject to your compliance with the Terms and Conditions as outlined in this document, The Company grants you a nontransferable, non-assignable, non-exclusive, revocable right to (a) access and use content, information or related materials that may be made available to you through the use of the Service (b) access and use of the Services by means of your hardware, exclusively in connection with your use of the Service.
You agree to the following conditions:
I. You agree not to not sell, copy, modify, distribute, assign, publish, sublicense, license, republish, edit, display, perform, transfer, create derivative works from, lease or otherwise edit any part of The Service to a third party.
II. You will not represent yourselves as operating under the authority of any company without express permission from such company.
III. You will not access or use The Service to directly or indirectly compete with The Company
IV. You agree to not utilize any data from the Service to create, or support a competitive service. You agree any violation shall create irreparable harm.
V. You may not reverse engineer, work around, reformat, decompile, and disassemble any part of the Service. You agree any violation shall create irreparable harm.
VI. You will comply with all applicable laws when using the Service. You shall conduct your business in an ethical manner and shall not engage in any illegal, deceptive, misleading or fraudulent practice.
VII. You will only use the service for lawful purposes (e.g., no transport of unlawful goods, materials or endorsement of transport of unlawful goods, materials
VIII. You must refrain from using meta tags or other hidden content when submitting information or otherwise interacting with the Service
IX. You are or represent a bonafide shipper, broker, carrier, 3PL, freight forwarder, intermodal or rail company or motor carrier or other business in good standing
X. You are of legal age to operate and to enter into an agreement of this nature
XI. You will refrain from copying any part of the Service. It is forbidden except as reasonably necessary for your own internal business purposes.
XII. You will not permit unauthorized or unregistered individuals from using your account or accessing the Service. You will immediately report to the Company in the case you suspect an unauthorized or unregistered individual is accessing the Service.
XIII. You will not advertise goods or services for any third party entity or person in any postings made by you or use the any functionality of The Service for such purposes
XIV. You are not located in a country that is subject to a Canadian or U.S. government embargo, or that has been designated by the Canada and U.S. government as a “terrorist” supporting” country and you are not listed on any Canadian or U.S government list of prohibited or restricted parties
XV. You agree that you are the sole user of your account. Account sharing is expressly forbidden.
XVI. You shall maintain the appropriate legal authority and will cease immediately to use the Service service if for any reason You no longer maintain such legal authority.
XVII. You will not attempt to broker freight without proper legal authority.
XVIII. You will not enter into any transaction to transport freight without the appropriate carrier authority. You must be authorized as an interstate/interprovincial carrier to use the Service in any way that involves interstate/interprovincial transport. If you are an intrastate/intraprovincial carrier only, you are strictly prohibited from the use of the Service(s) other than for intrastate/intraprovincial purpose.
XIX. You will not enter into any transaction to transport freight without the appropriate level of insurance coverage or bond.
XX. You will not enter into a transaction to transport commodities You are not authorized to transport.
XXI. You will not enter into any transaction to transport freight on equipment that fails to meet any applicable Federal, Provincial or State regulations.
XXII. You will not enter into a transaction to transport freight outside the geographic bounds of your carrier authority.
XXIII. Your use of the Service is solely for your commercial purposes related to your movement of freight or other services offered by the Company on the Service and that You shall not reproduce, republish, resell, or distribute such information in any format, in whole or in part, for sale or commercial use by third parties.
XXIV. You will never provide your password to any non-registered user, nor will You share any information from the Service with any non-authorized users. It is a violation of these Terms & Conditions to share your login information.
XXV. You shall not resell or assign your rights or obligations under these Terms & Conditions.
XXVI. Use of any import/export capability to transfer information on The Service from your computer system shall be restricted to one or more identified electronic hardware devices located at the address(es) noted on your service agreement, and shall not be distributed to any other location(s). Unless otherwise stated, all information downloaded or exported from the Services is intended for use by You or the employee performing the download and shall not be distributed to any other users or locations.
XXVII. Your subscription does not cover your employees or agents that are employed at a different location from the one listed on your account subscription agreement. A separate subscription is required for each business location used by your employees and agents.
XXVIII. Data aggregators are not allowed to post jobs on the Service and You agree such access may be terminated at any time. The use of Bots is expressly forbidden.
XXIX. You agree that any violation of the above listed line items will result in immediate termination of your registration and access to the Service, (2) enforcement by the Company availing itself of any other legal remedy under provincial and/or federal law. If a legal remedy is sought by the Company, You shall be responsible for legal costs, including without limitation, reasonable attorney fees.
You agree A penalty in the amount of $2,000.00 will be imposed for each unauthorized access or use of the Service by you or by a third party using your Account password or accessing your Account without our permission.
In the case the Company finds you to be violating the terms outlined in this document, you risk having your account terminated without any warning – without refund or proration. The Company will to the fullest extent of the law, take legal action to remedy losses as a result of your violations.
The Company reserves the right to restrict in part, or in full access to the Service if we learn that you are an entity, or are affiliated with an entity, that provides a service competitive to the Service. This also applies if we believe you are attempting to create a competitive service.
The Company reserves the right to pursue civil litigation to enforce any Terms listed in this document or any other act that would constitute violations committed by you while accessing or using the Services. You expressly agree to bear the costs of that enforcement, including without limitation all related attorneys’ fees.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately and your user account may be locked. See Subscription Cancellation section for details about cancelling.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
THE SERVICE AND THE CONTENT ON AND MADE AVAILABLE HEREIN, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN "AS IS" BASIS ONLY. USE OF THIS SERVICE IS ENTIRELY, AND SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SERVICE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS SERVICE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT.
The Company shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use this Service, the content, or the products or services connected therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail their essential purpose. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
You acknowledge that the Company’s sole obligation and exclusive responsibility in the event of material and continuing non-conformity, defect or error in the Service shall be to take reasonable corrective actions upon discovery of the problem, and in no event shall the Company and/or its third party information provider's cumulative liability under this agreement exceed the total fees paid by You to The Company during the preceding 3 months. The Company's liability is limited to the fullest extent permitted by law.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, provincial, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us: