Terms and Conditions of Use
1. Terms and Conditions of Use
Welcome to the Union Pearson Express website. The Union Pearson Express is a division of Metrolinx. This page states the terms and conditions (the Terms) which apply to your use of the Union Pearson Express website (the Website). By accessing and browsing the Website, you acknowledge that you have read, understood and agree to abide by and comply without limitation or qualification, to these Terms. If you do not agree with any of the Terms, please do not use the Website.
Metrolinx reserves the right to change, modify, alter or otherwise update the Terms applicable to the Website without prior written notice at any time, and from time to time, at Metrolinx's sole discretion, such updated or revised Terms will be posted on this Website. Please check the Terms periodically for changes. Your continued use of this Website following the posting of any changes to the Terms constitutes acceptance of those changes.
In using this Website, you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
- not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites;
- not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files; and
- not to attempt to obtain unauthorized access to the Website or portions of the Website which are restricted from general access.
Metrolinx and Union Pearson Express attempt to be as accurate as possible in describing all information pertaining to the Website (including all Content (as defined below) thereon). Such information is for information purposes only and has been provided as a public service. Although every attempt has been made to ensure its accuracy, Metrolinx and Union Pearson Express do not represent or warrant that any Content of the Website is accurate, complete reliable, current or error-free. Any views expressed or made available by third parties on the Website or in its Content are those of the respective third parties and not of Metrolinx.
3. Intellectual Property Rights
Material on the Website, including but not limited to text, data, wallpaper, icons, images, illustrations, audio clips, video clips, surveys, information, artwork, graphics, music, software and special promotions, (collectively the "Content") (through license or otherwise), is owned and controlled by Metrolinx, and Metrolinx does not represent or warrant that such material does not infringe the rights of any other person or entity. The Content on the Website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. You may not sell or modify any of the Content or reproduce, download, upload, transmit, republish, display, perform, distribute, decompile, reverse engineer, disassemble, create derivative works from software which forms part of the Content or otherwise use any part of the Content in any manner whatsoever without the prior written consent of Metrolinx or the applicable third party or except as specifically permitted on this Website. The use of the Content on any other website or networked computer is strictly prohibited. Any infringement of Metrolinx's rights will result in appropriate legal action.
Trademarks, logos and service marks (collectively, "Marks") displayed on the Website are registered or unregistered Marks which are the property of Metrolinx or other third parties. The display of these Marks on the Website does not imply that a license or right of any kind has been granted. You are not permitted to use or display any of these Marks without the prior written consent of Metrolinx or the applicable third party. Nothing in the Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, Metrolinx authorizes you to make one electronic or paper copy of the information posted on any page of the Website provided that the copy is used solely for non-commercial, personal purposes, the Content is not to be altered, redistributed, published, broadcast or copied and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices.
4. Links to Resources
From time to time and for your convenience only, the Website may contain links to other websites that are entirely independent of Metrolinx and the Website and are otherwise owned and operated by independent bodies. These website links are provided as a convenience only. If you decide to visit such websites, you do so at your own risk. Metrolinx has not reviewed and does not guarantee the accuracy of information contained on such websites and Metrolinx disclaims, expressly and impliedly, any responsibility or liability for the accuracy, relevance, copyright, compliance, legality, decency or suitability of any material, content, products, services or information found on any linked website. The use of such links on the Website does not constitute in any manner a reflection on, affiliation with, or endorsement by Metrolinx of any such website or entity or its respective information, products or services and Metrolinx makes no representations or warranties, express or implied, concerning any products, services, information or security of the information found on any linked websites and you hereby irrevocably waive any claim against us with respect to such sites. It is up to you to take precautions to ensure that whatever you select for your use if free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will Metrolinx be liable to any party for any direct, indirect, special or other consequential damages for any use of any hyperlinked website, including, without limitation, any lost profits, business interruption, lost programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
5. Google Translate Disclaimer
Googleâ„¢ Translate is provided as a courtesy to visitors to the Website. Metrolinx assumes no responsibility for the accuracy, reliability or timeliness of the translation facilitated with this tool.
6. Use of Forums, Polls, Bulletin Boards and Other On-Line Communication Media
To facilitate public discussion and obtain relevant feedback in respect of the work undertaken by Metrolinx, the Website may contain bulletin boards, chat rooms, or other message or communication facilities (individually a "Forum" and collectively "Forums") for use by the general public. If you elect to use such Forums you agree to use them only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:
- post, transmit, link to or otherwise distribute any materials, information, or Content constituting, advocating or encouraging conduct that would constitute any criminal or quasi-criminal offence, or commit or cause the commission of any criminal or quasi-criminal offence or other tortuous conduct that could give rise to civil liability;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
- impersonate any person or entity, including, but not limited to, a Metrolinx officer, director, employee, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with, manipulate, alter, amend or in anyway affect the Content of the Website as posted by Metrolinx and/or other users of the Forums, including without limitation forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted to the Website
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;
- download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of any networks connected to the Website;
- interfere with, disrupt, override or circumvent any usage rules or security components imbedded into the Website; and
- intentionally or unintentionally violate any applicable local, provincial, state, national or international law.
In communicating with Metrolinx and/or registering for use of the Website and Forums, you agree to provide information about yourself that is true, accurate, current and complete, and to keep such information true, accurate, current and complete. You may receive a password and account designation upon completing the Forums' registration process or otherwise advising us of your intention to join the Website and Forums. You are responsible for maintaining the confidentiality of your password and account designation and are fully responsible for all activities that occur under your password or account. In this regard you agree to immediately notify Metrolinx of any unauthorized use of your password or account designation or any other breach of security. You will also ensure that you exit from the Website and any Forum at the end of each session.
The Forums and all postings located thereupon or otherwise on the Website are public and not private communications and may not be monitored, screened, sanctioned or endorsed by Metrolinx. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other material (collectively referred to as the "User Content") are the sole responsibility of the person from whom such User Content originated. You must evaluate and bear all risks associated with the use of any Content and/or User Content, including any reliance on the accuracy, completeness, or usefulness of such Content and/or User Content. Metrolinx reserves the right for any reason to remove at any time without notice any User Content. Metrolinx reserves the right to deny, in its sole and absolute discretion, any user access to the Website or any portion thereof without notice to you.
By participating in the Forums or otherwise submitting any materials to Metrolinx through the Website or otherwise, save and except for any personal information we may collect from you, you automatically grant (or warrant that the owner of such materials expressly grants) Metrolinx a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials. Any ideas, suggestions or other material that you submit to Metrolinx shall become the property of Metrolinx. By submitting an idea or suggestion to Metrolinx, you are waiving any and all rights that you may have in the idea or suggestion, and Metrolinx shall be entitled to use the idea or suggestion as it so desires, as provided or as modified by Metrolinx, without any obligation to compensate you or others for the materials. In addition, you warrant that all "moral rights" in such materials have been waived.
In general, you may visit the Website without telling us who you are or revealing any personal information about yourself. If you choose to direct an inquiry to Metrolinx, submit a comment or suggestion, or enter a contest, we may ask you to provide your name, phone number, mailing address, and email address for the purposes of responding to your inquiry, comment or suggestion, or contest submission. If you prefer not to use our Website to submit an inquiry, comment or suggestion, contact us.
When you visit our websites, a small data file called a cookie is sent to your computer. Cookies are generally used to make it more convenient to use our websites. Persistent cookies are stored on your computer when you visit certain websites, while session cookies expire when you close your browser. Metrolinx may use either or both types of cookies. Session cookies facilitate your use and navigation of our sites, while persistent cookies identify your browser and IP (Internet Protocol) address, but do not collect personal information such as your name and address.
The use of these tools does not allow us or our analytics service providers to identify individuals. We will never use the statistical analytics tool to track or to collect any personal information of visitors to our sites.
You can opt out of analytics activity by setting your browser to refuse to accept cookies from Metrolinx websites. Some browsers can be set to accept all cookies, reject all cookies or notify you when you receive cookies. If you choose to modify your browser, some pages of the website may not function properly. Please consult your browser's Help Menu for instructions. For your information, Google currently offers a free Google Analytics opt-out tool for certain browsers.
At times our Website may request information from you via surveys. Participation in surveys is completely voluntary. At the time we conduct the survey, we will let you know how we intend to use the information collected. If you choose not to participate in surveys, you will still be able to use our Website.
Notwithstanding the foregoing, as the internet is not a secure medium, the privacy of your communications cannot be guaranteed. The nature of internet communications means that your use of the Website and communications to Metrolinx, either through the Website, email or otherwise, may be susceptible to data corruption, unauthorized access, interception and delays.
If you have any questions about the manner in which Metrolinx collects your personal information, you may contact the Freedom of Information Coordinator at 20 Bay Street, 6th Floor, Toronto, Ontario M5J 2N8, 416-869-3600 or 1-888-438-6646.
Metrolinx may occasionally run contests that offer prizes and that will require you to provide us with your personal information. You must read and agree to all the terms, conditions and rules that apply to that contest before entering it. By entering such contests from time to time, you acknowledge that you have read such rules as may apply, and agree to be bound by them.
9. EXCLUSION AND DISCLAIMER OF WARRANTIES
METROLINX MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THE WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. METROLINX DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS OR OMISSIONS ON OR RELATING TO THE WEBSITE WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND METROLINX DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (I) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (II) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION OR RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED ON THE WEBSITE; OR (III) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. USE OF THE WEBSITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. METROLINX SHALL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE YOU MAY PLACE ON THE WEBSITE OR ITS CONTENT. THE INFORMATION PROVIDED ON THE WEBSITE AND ITS CONTENTS IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE OF ANY KIND, INCLUDING WITHOUT LIMITATION FINANCIAL INVESTMENT, LEGAL, TAX OR ACCOUNTING ADVICE. IT SHOULD NOT BE RELIED UPON IN THAT REGARD, AND ANY RELIANCE ON YOUR PART IN THAT RESPECT IS SOLELY YOUR OWN RISK.
10. LIMITATION OF LIABILITY
METROLINX SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, LIABILITIES, CLAIMS, LOSSES, COSTS, EXPENSES OR INJURIES SUFFERED IN CONNECTION WITH OR IN ANY WAY RELATING TO OR RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ITS CONTENT, MARKS OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION, YOUR VIEWING, USING, ACCESSING, COPYING, DOWNLOADING OR STORING ANY PART OF THE WEBSITE OR ITS CONTENT. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL METROLINX BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR ECONOMIC ADVANTAGE), WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, OR OTHERWISE, AND REGARDLESS OF HOW SAME MAY ARISE EVEN IF METROLINX OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN SUCH DAMAGES OR CLAIM.
METROLINX FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONSEQUENCES THAT MAY ARISE FROM ANY UNAUTHORIZED REPRODUCTION, ACCESS OR USE OF THE WEBSITE OR ITS CONTENT. IN NO EVENT WILL METROLINX BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, COMMUNICATION INTERCEPTION, WORK DELAYS, LOST PROFITS, FAILED MESSAGES, ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, METROLINX'S CONTACTORS, THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF METROLINX. ENSURING THAT YOUR DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE WEBSITE AND ITS CONTENT IS ADEQUATELY PROTECTED IS ENTIRELY YOUR RESPONSIBILITY. ANY REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO ANY GOODS OR SERVICES REFERRED TO IN THE WEBSITE SHALL BE SUBJECT TO, GOVERNED BY, AND AS STATED IN THE APPLICABLE TERMS GOVERNING THE PROVISION OF SAME.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE CONTENT SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, SUIT, DEMAND OR CAUSE OF ACTION OR OTHER PROCEEDING AGAINST METROLINX, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD METROLINX, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HARMLESS AGAINST ANY CLAIM, SUIT, DEMAND, ACTION OR OTHER PROCEEDING BROUGHT OR THREATENED BY A THIRD PARTY AS A RESULT OF (I) YOUR BREACH OF THESE TERMS; AND/OR (II) YOUR USE OF THE WEBSITE AND/OR THE CONTENT.
12. Applicable Law
Your use of this Website and these Terms shall be governed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada without regard to the conflicts of laws principles thereof. You acknowledge that you have full legal capacity to use this Website and the Forums in accordance with the foregoing. By using this Website, you acknowledge and agree to submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in this respect. If you use the Website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. Metrolinx does not represent that the materials contained within the Website and any of its Content are appropriate or otherwise available for customers outside the Province of Ontario.
In addition to complying with these Terms, you agree to use the Website and Content for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.