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Terms Of Use

LAST UPDATED: April 15, 2019

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING 1SHIFTLOGISTICS’ WEBSITE OR MOBILE APPLICATION.

1. Overview

LITELINK LABS INC. (“Company”, “us” “our” or “we”) developed the 1ShiftLogistics website and mobile application (collectively, the “Portal”) to provide you (“you” “your” “user(s)”) with an information sharing platform supporting management of freight and other logistics (the “Services”). You understand and agree that the Company is not a party to any dealings between users. The Portal is provided to you at your sole risk and lability. Access and use of the Portal, including any uploading of information by you to the Portal (the “Content”), is subject to your acceptance of and compliance with these terms of use (the “Terms of Use”) and our privacy policy found at https://1shiftlogistics.com/privacy-policy.php (the “Privacy Policy”). By using the Portal, you indicate your acceptance of the Terms of Use and Privacy Policy. If you do not accept the Terms of Use and Privacy Policy, then do not use the Portal.

2. Modifications to Terms of Use

The Company may change or amend the Terms of Use from time to time and any changes or amendments will become effective upon our posting of the revised Terms of Use on this page. You can determine when the Terms of Use were last revised by referring to the “LAST UPDATED” reference expressly provided. It is your responsibility to check this page periodically for changes. Your use of the Portal after any changes or amendments to the Terms of Use will signify your, and be conclusively deemed, acceptance of the Terms of Use, as changed or amended.

3. Portal Users

The Portal may be used by shipping or receiving companies, brokers, and drivers. Each of these types of user can register an account to use the Portal (an “Account”). Each user under an Account (a “Team Member”) can be given different permissions to act on behalf of the Account. We reserve the right to revoke the privileges of any Account or Team Member to access or use the Portal or Services, without warning if, in our sole discretion, false or misleading information have been provided in creating, marketing, or maintaining an Account.

Other than an authorized employee or agent creating an Account on behalf of your business, you agree not to request or allow any other person to create an Account on your behalf, for your use, or for your benefit. By granting other users permissions under your Account, including a Team Member, you represent and warrant that: (a) such user is authorized to act on your behalf; (b) you are financially responsible for the user’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account; and (c) you are fully responsible and liable for any action of any user to whom you have provided any permissions and any other person who uses the Account. If any such user violates the Terms of Use, it may affect your ability to use the Portal.

Upon closure of an Account, the Company may close any or all related Accounts. Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Portal and any closure of your Account may involve deletion of any Content stored in your Account for which the Company will have no liability whatsoever. The Company, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.

4. Usernames and Passwords

When you register on the Portal, you will be asked to choose a username, password and provide various information (the “Log-in Information”). You are responsible for safeguarding and maintaining the confidentiality of your Log-in Information and restricting access to your computer or other internet-enabled devices from any person who is not authorized to use your Account. You authorize the Company to assume that any person using the Portal with your username and password, either is you or is authorized to act for you. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security.

5. Pricing

As a user of the Services and Portal, you will pay the listed price found at https://1shiftlogistics.com/get-quote.php

6. Use of Portal and Content

Without limitation, users are solely responsible for: (a) ensuring the accuracy and legality of any Content posted by such user; (b) determining the suitability of other users for a Service Contract (as defined in section 7 herein) (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts; (d) performing Services for other users; or (e) paying other users. You acknowledge, agree, and understand that the Company does not, in any way, supervise, direct, control, or evaluate users or their Content. The Company makes no representations about and does not guarantee, and you agree not to hold the Company responsible for: (a) the quality, safety, or legality of users; (b) their qualifications, background, or identities; (c) the ability of users to provide Services; (d) the ability of users to pay for Services; (e) user Content, statements or posts; or (f) the ability or willingness of a user to actually complete Services.

You acknowledge, agree, and understand that you are not an employee of the Company and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance). The Company will not have any liability or obligations under or related to Services for any acts or omissions by you or other users. The Company does not set or have any control over a user’s work hours, work schedules, or work location, nor does the Company in any way, provide or guarantee users a salary or any minimum, regular payment. The Company does not provide users with training or any equipment, labor, or tools to enter or complete any Service Contract.

You acknowledge and agree that you are authorized to view, print and use the Portal and the Content in accordance with these Terms of Use. Except as otherwise set out in these Terms of Use, you acknowledge and agree that: (a) you will not, directly or indirectly, sell, assign, distribute, provide access to, transmit, exploit, copy, publish, republish, reproduce, repackage, retransmit, resell, recompile, decompile, disassemble or otherwise disseminate, the Portal or the Content, or any derivative works from the Content, or any portion thereof, in any medium or in any manner whatsoever. Under no circumstances will you use the Portal or the Content in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Portal or the Content. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Portal or Content or any material retrieved from the Content to create products or perform services which compete or interfere with the products and services of the Company.

Any active interaction you have with users and any changes to or review of the Portal, will be done prior to or after driving or operating a motor vehicle while the motor vehicle is off, and never while driving or operating a motor vehicle. You must not use the Portal in any way contrary to or inconsistent with any applicable local, provincial, national or international law or regulation, which includes without limitation, distracted driving laws.

In using the Portal, you agree not to do any of the following: (a) conduct or promote any illegal activities; (b) attempt to gain unauthorized access to the Portal, or computer systems or networks connected to the Portal, through hacking, password or data mining, or any other means to circumvent security procedure; (c) use any robot, spider or other automatic device, software program or manual process to monitor, copy or interfere with any web pages or the content contained thereon on the Portal; (d) use the Portal in any manner that could damage, disable, overburden, or impair the Portal or interfere with any other party's use and enjoyment of the Portal; (e) interfere with or disrupt the Portal or servers or networks connected to the Portal, or disobey any requirements, procedures, policies or regulations of networks connected to the Portal; (f) attempt to reverse engineer or jeopardize the correct functioning of the Portal, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Portal; (g) use the Portal to generate unsolicited email advertisements or spam; (h) impersonate another user; or (i) take any action that would damage, harm, or diminish the Company’s reputation, goodwill, or public image.

7. Service Contracts

“Service Contracts” are agreements wherein one party completes specific acts relating to freight management in exchange for payment.

Through the Portal, each user (in this section, a “Provider”) may be notified of other users that may be seeking the services they offer (in this section, a “Receiver”). At all times, Provider and Receiver are responsible for evaluating and determining the suitability of any Services or user on their own. If users decide to enter into a Service Contract through the Portal, the Service Contract is directly between the Provider and Receiver and the Company is not a party to that Service Contract. If a Provider and Receiver enter into a Service Contract without using the Portal, the Company is not a party to that Service Contract.

8. Portal Availability

The Portal may be available through certain mobile devices. You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible with the Portal, Content or Services or that you can use or access the Portal, Content or Services through your mobile device.

We cannot guarantee that the Portal will be available 100% of the time. Although we strive to provide the most reliable Portal possible, interruptions and delays in accessing the Portal are unavoidable and we disclaim any liability for damages resulting from such problems.

9. Portal Information

We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Portal and to suspend or deny access to the Portal for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.

10. Links to Third Party Portals

The Portal may contain links to other linked sites (the “Linked Sites”) that are not owned or controlled by us and we are not responsible for the content of any Linked Sites. The presence on the Portal of a link to any Linked Sites does not imply that we endorse or accept any responsibility for the content or use of such Linked Sites, and you hereby release us from all liability and/or damages that may arise from your use of such Linked Sites.

While we encourage links to the Portal, we reserve the right to prohibit or refuse to accept any link to the Portal at any time. You agree to remove any link you may have to the Portal upon request.

11. Disclaimer of all Representations, Warranties and Conditions

THE INFORMATION AND MATERIALS PROVIDED ON THE PORTAL ARE PROVIDED ON AN "AS IS", “AS-AVAILABLE” BASIS. WE, OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE CAPABILITY OF THE PORTAL, THAT ACCESS TO THE PORTAL WILL BE UNINTERRUPTED, WITHOUT DELAY OR FAILURE, OR THE ACCURACY OR THE COMPLETENESS OF THE DATA PROVIDED THEREON. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL. THE COMPANY DOES NOT WARRANT THAT THE PORTAL IS FREE OF CONTAMINATING OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY APPLICATION THAT CAN BE REACHED FROM A LINK ON THE PORTAL OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE PORTAL, AND THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

12. Limitation of Liability and Indemnification

THE COMPANY IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS PORTAL OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE, OR INABILITY TO USE, THE PORTAL OR CONTENT). THESE LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU WILL INDEMNIFY AND HOLD THE COMPANY AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE PORTAL, YOUR USE OF THE PORTAL, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

You expressly acknowledge that the Company is making the Portal available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the Terms of Use. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by the Company of your use of, or access to, the Portal and termination of the Terms of Use.

13. Termination

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Portal or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to you or any third party for any termination of your access to the Portal or for the removal of any of the materials uploaded or contributed by you to the Portal.

14. Copyright and Trademark Information

The Portal, and the information and materials that it contains, are the property of the Company, its subsidiaries and affiliates, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All of our product names and logos are trademarks or registered trademarks of the Company, a corporation incorporated under the laws of the Province of British Columbia. You may neither remove any copyright, trademark or other proprietary notices from any copy of, nor modify, the Content. Nothing contained on the Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Portal or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission. You will not attempt to override or circumvent any of the usage rules or restrictions on the Portal. We reserve the right to take such steps as deemed necessary, including without limitation legal action, to restrain unauthorized activity.

15. General

(a) Entire Agreement. The Terms of Use and Privacy Policy are subject to any written and duly executed contract you may have with the Company and constitute the entire agreement between you and the Company with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied.

(b) Headings. The headings in the Terms of Use are for convenience only and will not be construed as part of the Terms of Use.

(c) Force Majeure. Any delay in the performance by the Company of any duties or obligations hereunder will not be considered a breach of the Terms of Use if such delay is caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, war, acts of terror, strikes or other labor problems (other than those involving our employees), failures of common carriers (including Internet service providers), denial of service attacks.

(d) Assignment. The Company may assign the Terms of Use, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under the Terms of Use, either in whole or in part, without the Company’s prior written consent. The Terms of Use will enure to the benefit of and be binding upon the parties to these Terms of Use and their respective successors, heirs and permitted assigns.

(e) Non-Waiver. Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. Waivers will not be effective unless in writing and duly authorized by an officer of the Company.

(f) Severability. The invalidity or unenforceability of any provisions of the Terms of Use will not affect the validity or enforceability of any other provision of the Terms of Use, which will remain in full force and effect.

(g) Language. The Terms of Use were written in the English language. If the Terms of Use are translated into another language, the English language text will in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in the Terms of Use, it means “including (or includes) without limitation”.

(h) Governing Law. The Terms of Use are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada. The foregoing will not limit the Company’s right to enforce the Terms of Use in any other jurisdiction if reasonably necessary or advisable in our sole discretion.

(i) Trial Waiver. You agree to waive any right you may have to a trial by jury, or commence or participate in any class action against us related to the Services or the Terms of Use.