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DISCLAMIER


Information contained in this site is as accurate as possible. It is important for our users to realize there may be discrepancies for numerous reasons. Roadata Services Ltd cannot be held liable or responsible in any way for information not provided by the controlling jurisdiction.

User Agreement


THE FOLLOWING DESCRIBES THE TERMS ON WHICH ROADATA OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to Roadata Ltd.'s User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at http://www.roadata.com.

Roadata Services Ltd. Internet User Agreement Roadata Services Ltd. provides information and permit Service subject to the following Terms and Conditions. Read these terms and conditions carefully. By subscribing to the Service you agree to be bound by the terms and conditions outlined below.

Clients holding administrative or Master accounts are responsible for all individuals that may utilize services provided by Roadata Services ltd. and any conditions of use as specified in this agreement. All sub-account users are bound by this Internet User Agreement as agreed to by the holder of the main or master administration account.

"Unlimited" means the customer can use the service as much as required, as long as the customer is only utilizing access based on one user per customer account or sub account. Only one simultaneous login per account or sub account. Unlimited time is for interactive use only (while you are using the computer).

Customer agrees that Roadata Services Ltd. may at any time and from time to time:
  • Change any of the terms and conditions contained in this Agreement
  • Change any of the policies in the Policy Guide
  • Change its billing rates and accounting policies
  • Change the scope and term of services provided under this Agreement

Any changes made will be binding and will become effective immediately upon the posting of the revised Agreement on the Roadata Services Ltd. home page web site, or upon notification sent to Customer via E-mail or by regular mail.

Roadata Services Ltd. reserves the right to transmit E-mail to Customer at any time and from time to time in any quantity deemed necessary. Customer should take the time to read any E-mail from Roadata Services Ltd. as it may contain information describing Service updates or other important information.

Customer agrees to provide Roadata Services Ltd. with complete and accurate registration information. Customer agrees to update the registration information on file as needed. If Customer does not provide Roadata Services Ltd. with accurate registration information, Customer will not be authorized to use the Service and the Customer account may, at the option of Roadata Services Ltd., be terminated. CUSTOMER DOES AGREE THAT BY USING THE SERVICE THE CUSTOMER REPRESENTS THAT CUSTOMER IS AT LEAST EIGHTEEN YEARS OLD AND THAT CUSTOMER IS LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.


Information Provided by the User or Customer

Customer agrees that any information provided into Roadata Services Ltd. systems, databases or any other service is supplied at the customer's own risk. Customer agrees to defend, release, indemnify, and hold Roadata Services Ltd. and its licensors, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from any breach of the Agreement by use of, or in connection with, the posting or transmission of any Content by or through Customer's account on the Service.


Content

The Service provides access to Content that is protected by copyrights, trademarks, patents, intellectual property rights, and other proprietary rights ("Rights") both domestic and international of independent third parties who create Content available on or through the Service.

Customer agrees not to transmit Content through or to post Content on the Service that is subject to another party's Rights, without that party's express written permission. Any posting or transmitting brought to our attention may result in termination of Customer's Service and may result in civil or criminal liability as well.

Customer agrees never to copy, modify, reproduce, translate, decode, analyze, adapt, distribute, rename, reverse engineer, recompile, or disassemble any aspect of the Service that is owned by Roadata Services Ltd. or its licensors.


Termination

Customer agrees that either Customer or Roadata Services Ltd. may terminate this Agreement for any reason at any time.

Customer agrees that Customer's only right with respect to any dissatisfaction with any: (I) Agreement term, policy, or practice of Roadata Services Ltd. in operating the Service; (II) Content available on or through the Service or change therein; or (III) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1.

Customer agrees that Roadata Services Ltd. has the absolute right, but not the absolute obligation, to delete all program, data, and any other associated files on Roadata Services Ltd. computers that are associated with Customer account at the time of termination. It is the Customers responsibility to have program and data backups at all times. Roadata Services Ltd. will not be liable for the loss of data or programs caused by our purging of a customer account.

Modifications to the user id or password on an account may only be made by the Customer after giving reasonable identification. Customer agrees that this Agreement comprises the entire understanding between Roadata Services Ltd. and Customer, and supersede any prior agreements between Customer and Roadata Services Ltd. with respect to the subject matter of this Agreement.


No Service Warranties

Customer agrees that Customer use of the Service, the Service Software, and the Internet is solely at Customers own risk. Customer agrees that the Service and the Service Software is provided strictly on an "as is", and "as available" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Customer agrees that there will be "bugs" in the Software and that the Service will not always be continuous and that unexpected Service outages will occur. The Customer assumes all risk for any damages that may result from using the Service. Roadata Services Ltd. disclaims any and all liability resulting from, but not limited to:
  • loss of software or damage to hardware
  • loss of computer resident data, files or file folders
  • loss or liability resulting from Service access delays or access interruptions
  • loss or liability resulting from data or E-mail non-delivery
  • loss or liability resulting from the negligent acts and/or omissions of Roadata Services Ltd., Roadata Services Ltd. customers and worldwide Internet users
  • loss or liability resulting from computer viruses suspected of transmission via the Internet
  • loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Service
  • loss or liability resulting from acts of God.


Customer agrees that Roadata Services Ltd. entire liability, and Customer's exclusive remedy, with respect to Customer's use of the Service, Customer use of the Service Software, and any breach of this Agreement is limited solely to the amount that Customer paid to use the Service. Because some states or Provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, in those jurisdictions, Roadata Services Ltd. liability is limited to the greatest extent permitted by law.

Customer agrees to defend, release, indemnify, and hold Roadata Services Ltd. and its licensors, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from any breach of the Agreement by use of, or in connection with, the posting or transmission of any Content by or through Customer's account on the Service.

Customer agrees that Roadata Services Ltd. has the absolute right, but not the absolute obligation, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Customer. In such an event, Customer shall have no further obligations with respect to indemnification.


Obligations of Internet Service Users

Users are responsible at their own expense for providing suitable computer equipment and a transmission path for accessing the Internet via Roadata Services Ltd. Users may not do any of the following or allow any third party under the user's control (including customers, employees or other authorized users) to:
  • post or transmit any unlawful, illegal, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, Provincial, Federal or international law, including without limitation the export control laws and regulations of Canada
  • post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component
  • upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit any information, software or other material obtained through the Internet which is protected by copyright or other proprietary rights without obtaining permission of the copyright owner or rightholder, or
  • use the Service in violation or contravention of the Telecommunications Act of 1996, or any other applicable law, regulation, order or other governmental directive, or abuse or fraudulently use the Service in any way not specifically set forth above
  • allow any more than one user to log on to the service per active account or sub account. The user subscribing to any unlimited access subscriptions must add accounts or sub accounts if more than one individual will be using the system at the same time


Account Credit

If a customer alters account information in such a way that credit is granted to the customer, the customer agrees that any credit owing can only be applied to purchase of additional web services. The customer acknowledges there will be no refund applied to the customer credit card and no other payment will be made to the customer for the credit. Roadata Services Ltd. reserves the right to apply this credit to any overdue account held by the same customer for any other services(s) provided by Roadata Services Ltd.


Payment for Internet Access Services

If Customer pays by credit card, Customer expressly authorizes Roadata Services Ltd. to charge the credit card account number associated with your Account for any Service charges that accrue. By subscribing you agree to comply with all terms and conditions as outlined above and pay all charges incurred including any taxes or other surcharges arising in connection with the service. In some cases charges shall be invoiced monthly based on the subscription level offered at the time of billing and shall be due and payable on the 1st of each month. Invoices may be rendered via Mail, credit card billing, or the Internet based on Roadata Services Ltd. sole discretion. If payment is not received within 30 days of the invoice date, your service may be disconnected without further notice. To re-establish service, prior amounts due must be paid in full as well as any reconnection charges in effect at the time of reconnection. Roadata Services Ltd makes no commitment or warranty as to the duration of any specific pricing plans and may offer special promotions from time to time at its discretion. By accessing Roadata Services Ltd. internet based services, you acknowledge reading, understanding, and acceptance of the foregoing Internet User Agreement. Roadata Services Ltd., in its sole discretion, with or without cause, reserves the right to discontinue without notice Internet access services to any user.


Privacy

Roadata Services Ltd. intends to respect its Customer's privacy and will not randomly monitor or disclose the contents of private information or other private content. However, the Customer agrees that Roadata Services Ltd. has the absolute right, but not the obligation, to monitor or disclose the contents of a private communication, if Roadata Services Ltd. in its sole discretion, reasonably believes that such action is necessary to comply with an applicable law or other valid legal process, to protect Roadata Services Ltd. rights or property; or in a perceived emergency when a person's physical safety may be at stake. Roadata Services Ltd. will not resell or release any customer information to any third parties, with the sole exception of government agencies following the due process of law.


Release of Access

The customer agrees they will not release user name and password information to allow any other company to access the Roadata Services Ltd. information without written consent from Roadata Services Ltd. Access to any subscription services is limited to direct employees of the customer and is not to be provided to any agent or contractor. Violation may result in immediate termination of service.


Non-competition

Anyone accessing Roadata Services Ltd. internet based services may not use this information to establish any contractual agreement or arrangement of any type for providing service to any Municipality or jurisdiction where information is displayed or available on the Roadata Services ltd. subscription site where this information would assist in the establishment of the contract. Violation may result in immediate termination of service.


Municipal Information

Municipal customers are considered "customers" or "clients" as per all aspects of this agreement. Municipalities should not proceed with any potential enforcement action based on information displayed on any Roadata Services ltd. internet page without confirmation by Roadata Services Staff. Accuracy of any financial data displayed on the Roadata services Ltd. web site should be validated directly with Roadata Services Ltd. staff. Every attempt is made to keep information accurate, however, errors may occur and Municipal customers will not hold Roadata Services ltd. liable for any errors and omissions on the web site or any actions brought against the Municipality related to these financial transactions. Any discrepancies should be reported to Roadata Services.