GENERAL CONDITIONS OF USE
Last updated: October 25, 2021.
PLEASE READ THE GENERAL CONDITIONS BEFORE USING THE WEBSITE.
The following general conditions govern and apply to your use of or reliance upon the website maintained by M.F. Wirth Rail Corporation (“wirthrail.com”).
By accessing or browsing the Website, you declare that you have read and understood the general conditions of use and that you are bound by these terms. Please note that we may change the conditions of use at any time without notice. Your continued use of the Website will be considered an acceptance of the revised general conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors and includes any material protected by copyright, trademark, or patent law. All registered trademarks are owned and/or licensed by us. All content on the Website—including, but not limited to, text, software, code, design, graphics, photos, sound, music, videos, applications, interactive features, and any other content—is a collective work under Canadian and any other copyright law and is the property of M.F. Wirth Rail Corporation. Elements appearing on this Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or modified, in whole or in part, whether in text, graphic, audio, video, or executable form, without our written authorization.
All rights reserved.
2. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the Website, including, but not limited to, documents, data, or information developed by us, or any other material that may assist you in the use of our Website or services (“Company Content”). Company Content may not be used for any purpose other than use of the Website and the services offered on the Website. Nothing herein may be construed as granting you a licence or intellectual property rights.
3. ACCEPTABLE USE OF THE SITE
You agree not to use the Website for any unlawful purpose or for any other purpose prohibited by this clause. You agree not to use the Website in any way that could adversely affect the Website, services, or commercial activities of M.F. Wirth Rail Corporation.
You also agree not to use the Website for any of the following purposes:
a) to harass, abuse, or threaten others, or otherwise violate any person’s rights;
b) to violate the intellectual property of M.F. Wirth Rail Corporation or any other third party;
c) to upload or transmit computer viruses or any other software that could damage the property of M.F. Wirth Rail Corporation or others;
d) to commit fraud;
e) to create or participate in gambling activities, lotteries, or illegal pyramid schemes;
f) to publish or distribute obscene or defamatory material;
g) to publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or
h) to illegally collect information about others.
4. PROTECTION OF PRIVACY
When using our Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and in any other country in which we may operate.
We may receive information from external applications you use to access our Website, or we may receive information about you through various web technologies, such as cookies, histories, invisible pixels (also called “invisible GIFs”), and tags.
We use the information collected from you to ensure that you have a good experience on the Website. We may also trace some of the passive information we receive to improve our marketing and analytics, and to do so, we may work with third-party suppliers, including other marketers.
If you wish to block our access to any passive information we receive through the use of various technologies, you may choose to disactivate cookies in your web browser.
5. REVERSE ENGINEERING AND SECURITY
You may not undertake any of the following activities:
a) reverse engineering or disassembling any code or software on or from the Website; and/or
b) violating or attempting to violate the security of the Website via unauthorized access, the bypassing of encryption or any other security tool, data processing, or interference with any host, user, or network.
You agree to defend, indemnify, and hold harmless M.F. Wirth Rail Corporation and its affiliates against any claims, lawsuits, or demands, including attorneys’ fees, that may arise from or relate to your use or abuse of the Website, your violation of the conditions herein, or your conduct and actions. If we wish to do so, we will choose our lawyer and participate in our own defence.
7. SPAM POLICY
You are strictly prohibited from using the Website or any service offered on the Website for illegal activities related to spam, including gathering email addresses and personal information from others or sending mass commercial emails.
8. THIRD-PARTY LINKS AND CONTENT
We may publish links to third-party sites or services. We are not responsible for any damages or losses related to the use of third-party services linked to from our Website.
If any of these clauses is found to be unlawful, void, or inapplicable, in whole or in part, the inapplicable portion will not affect the validity and applicability of the other clauses of these conditions.
10. SERVICE INTERRUPTIONS
We may have to interrupt your access to the Website in order to carry out maintenance or unplanned emergency work. You agree that your access to the Website may be affected by unplanned or unanticipated downtime for any reason and that we shall not be liable for any damages or losses arising from such downtime.
11. NO GUARANTEE
While we have made reasonable efforts to ensure that the content of this Website is accurate, we cannot guarantee that the content is error-free, up to date, or exhaustive. Under no circumstances shall we be liable for any damages that may result from an error on the Website.
We assume no responsibility for any damages resulting from the misuse of the Website’s content. Furthermore, we cannot guarantee that the Website will be available without interruptions, errors, or omissions, or that defects will be corrected. It is also not possible to guarantee that the Website and the servers that make it available are free of viruses or harmful components. The Website and its content are provided “as is” and “as available” without any declarations, guarantees, or conditions of any kind, either express or implied.
If you decide to subscribe to services or features of the Website that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process and ensure their accuracy by making any necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers that you choose or that are assigned to you at the time of registration or subscription to wirthrail.com and to assume responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We cannot be held liable, directly or indirectly, for any loss or damage of any nature whatsoever resulting from or related to your failure to comply with this provision.
You acknowledge that we may, without notice and at our sole and absolute discretion, suspend, cancel, or terminate your account or your use of or access to the Website or any of its services, and remove any information or content related to the Website or any of the services offered (and terminate your use of it), for any reason whatsoever, including if we believe you have violated these conditions. In addition, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation, or termination. If you are dissatisfied with wirthrail.com or any of its services, any of these conditions, or any of the rules, policies, guidelines, or practices related to the operation of wirthrail.com or any of its services, your only recourse is to stop using the Website or service in question.
Internet communications are subject to interception, loss, or alteration; therefore, you acknowledge that any information or material you provide electronically by accessing or using this Website are neither confidential nor exclusive, except to the extent required by applicable law, and that unprotected email communications over the internet may be intercepted, altered, or lost.
13. ADDITIONAL QUESTIONS AND INFORMATION
If you have any questions or require further information, please email us at email@example.com.