Welcome to the User Agreement for IndustryCast (the “Company”) (the “Agreement”). This Agreement describes the terms and conditions applicable to the use of the IndustryCast desktop application and associated domain https://secure.industrycast.com (the “Application”) by authorized users. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Application or access our services.
Use of the Application in any manner, as a User (defined below), including browsing, activating an account with us, posting Listings, contacting other Users users, posting any type of information on the network and receiving monthly news bulletins by e-mail from the Company is governed by this Agreement.
The Company reserves the right to modify or change the Agreement at any time without prior written notice to the User and it is the responsibility of the User to read the Agreement carefully each time they access the Application.
1. Users are Only Authorized Users
1.1 User. A User is a person or company who has provided its name, telephone number, e-mail address, postal address and initial subscription fee to the Company.
1.2 User Eligibility. For a User to register, it must belong to an organization who validly a part of the industry the industrycast platform is servicing. The Company reserves the right to request documentation to confirm the user is validly a part of the organization they are representing. By registering as a User, you represent that you have the authority to bind the entity to this Agreement.
1.3 User Information is Business Information. User agrees that any and all information submitted pursuant to this Agreement is business information. Without limiting the foregoing, User agrees any and all information submitted pursuant to this Agreement including name, telephone number, e-mail address and postal address are business information. User specifically represents to the Company that any and all information submitted pursuant to this Agreement is not personal information.
1.4 Users must be over 18 years of age. You hereby confirm that this is the fact. If we find out a User is in fact a minor, we will reject any submitted Listing
2. The Company is a Venue.
2.1 The Company is not a Seller or Buyer. The Company is not a Seller or Buyer. The Application acts as a venue to allow Users to list each User’s inventory and offer and sell vehicles (“Seller User”), and for Users to buy inventory (“Buyer User”). The Company is not involved in the actual transaction between Buyer Users and Seller Users. As a result, the Company has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Company cannot ensure that a Buyer User and Seller User will actually complete a transaction.
2.2 Identity Verification. Because user authentication is difficult, the Company does not confirm each user’s purported identity. The Company encourages you to communicate directly with potential Users and to use your common sense and judgment in dealing with them.
2.3 Release. Because the Company is a venue, in the event you have a dispute with one or more Users, you release the Company (and its parent and subsidiaries and joint ventures and all such person’s, officers, directors, agents and employees) from all claims, demands, and damages (actual and consequential) of every kind, nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
2.4 Information control. We do not control the information provided by other Users, which is made available through the Application. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive.
2.5 Please use caution, common sense and practice safe trading when using the Application. Please note there are also risks of dealing with foreign nationals, underage persons or persons acting under false pretense. By using this Application, you agree to accept such risks and the Company is not responsible for the acts or omissions of its users.
2.6 Monitoring. IndustryCast has the right, but not the obligation, to monitor or log any IndustryCast activity or use of the service. You consent to any such monitoring and logging that is necessary to satisfy any law, regulation or other government request, or to enhance operation efficiencies, to improve service levels, to assess client satisfaction, or to protect IndustryCast or its clients from unwanted use of certain services or application. IndustryCast reserves the right to delete, remove or block access to any internet capability, content, information or third party products or services available or transmitted through the service that IndustryCast, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.
3. Subscription for Service and Transaction Payment
3.1 Initial Subscription Fee. Upon registering, Users shall pay an initial subscription fee as outlined in the fee schedule currently published by IndustryCast, which constitutes payment for the first month of services on the application, product training as well as initial set up of the service.
3.2 Monthly Subscription Fees. Users shall pay a monthly subscription fee as outlined in the fee schedule that is currently published by IndustryCast by way of pre-authorized payment or credit card.
3.3 Charges and Payment. All service use, access fees and other charges, including taxes, are due and payable as specified by IndustryCast on invoices to the company paying the bill or as otherwise arranged by IndustryCast. Charges will be deemed to be correct if not disputed by you within thirty (30) days of the invoice dated. Your service use, access fees and other charges will continue until the service is terminated. If the company changes its place of business to another province or country a different IndustryCast rate plan may apply to the service.
3.4 Termination / Suspension of service. Unless otherwise agreed, you may terminate your service at any time by providing IndustryCast with thirty (30) days written notice. You will be responsible for membership fees for 30 days after IndustryCast has received the written notice of cancellation. No additional penalties will be assessed and only the remaining membership fees will payable and due.
Upon termination of service before the end of the agreed upon contract date, a termination charge equivalent to the lesser of 50% of the total billable contract rate for the remaining months in the contract or $2,000.00 will be assessed upon termination.
3.5 IndustryCast may suspend or terminate the service and this agreement at any time, without any notice or liability if you fail to pay any amount that is overdue by thirty (30) days.
3.6 Transfer of Account. A User account cannot be transferred or sold to another party without the expressed written permission of the Company.
4. Content, Copyrights and Limitations on Use of Content.
4.1 Content. The Application’s content includes text, graphics, logos, button icons, images, universal resource locators (“URLs”) or any other information posted from time to time on the Application by the Company, and includes the arrangement of text, graphics, logos, button icons, images or URLs on the Application.
4.2 Copyrights. The Content is the exclusive property of the Company and is protected by Canadian copyright laws. All rights not expressly granted in this Agreement are reserved.
4.3 Use of Content. The Content may be displayed, reformatted and printed for your personal use only. By using the Application, you agree not to reproduce, re-transmit, distribute, disseminate, display, sell, publish, broadcast or circulate the Content to anyone without the prior written consent of the Company.
4.4 The Company reserves the right not to post, or to remove any such data or materials without notice, without liability to the Company. If the Company is made aware of User content that is potentially (i) libelous, defamatory, scandalous, or otherwise unacceptable, undesirable or objectionable, or (ii) in violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy, then the Company may, in its sole discretion, investigate the charge and determine if removal of the content is warranted.
5. Trade-marks and Service Marks.
5.1 The Company, the Company’s logo, and the products and services described in this Site, including without limitation, “INDUSTRYCAST” and “www.industrycast.com”, are trade-marks, service marks or registered trade-marks of the Company and its licencors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trade-marks, and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trade-marks, registered trade-marks, product names and company names or logos mentioned herein or displayed on the Site are the property of their respective owners.
6. Disclaimer of Warranties and Liability
6.1 Due to the number of sources from which the Content may be obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the Content and the Application.
6.2 While the Listings posted to the Application become the property of the Company, they still represent the information of Users. The Company does not take responsibility for the accuracy and completeness of Listings. It is the responsibility of the end user to evaluate the accuracy, completeness, and/or usefulness of any information, opinion, advice, or other content found on the Application. The Company cannot guarantee that Users presenting themselves as sellers are actually sellers, though the Company has policies in place to prevent this kind of misuse of our Application. If the Company finds a User has submitted a false or misleading Listing, the Company will delete the Listing from the Application. The Company reserves the right to reject subsequent submissions from such Users.
6.3 No Warranty. The company, its subsidiaries, officers, directors, employees and suppliers provide the application and services “as is” and without any representation, warranty or condition, express, implied or statutory. We specifically disclaim any implied representation, warranties of title, merchantability, merchantable quality, fitness for a particular purpose and non-infringement, and those arising by law or through a course of dealing or usage of trade, unless specifically required by law.
6.4 Liability Limit. In no event shall the Company, its subsidiaries, officers, directors, employees or its suppliers be liable for lost profits or any special, incidental, consequential, indirect or punitive damages arising out of or in connection with our application. If you are dissatisfied with the application and the content thereon, or the terms and conditions, your sole and exclusive remedy is to discontinue use of the application. If any portion of this limitation is found to be invalid or unenforceable for any reason, then the Company’s total liability to you shall in no event exceed one hundred dollars ($100.00).
7. Use of Application.
7.1 Listing Submissions. Users must be legally able to sell the item(s) submitted for Listing on the Application. User’s Listings may only include text descriptions, graphics, pictures, documents and other content relevant to the sale of that item.
7.1.1 Listings on the Application are based on information provided by Users about their inventory or by the Company employees who have contacted Users to submit a Listing. Users may not post or otherwise make available on the Application any material that is protected by a copyright, trade-mark or other proprietary right without the expressed permission of the owner. Users agree to assume sole liability for any damage resulting from infringement of any copyrights, trade-marks, proprietary rights or any other harm resulting from such a submission.
7.2 Validation of User Listings. If the Company has any concerns whatsoever about a User’s Listing or questions about the validity of your e-mail address and phone number provided upon signing up, the Company will place the Listing on hold. The Company will not incorporate your Listing until any questions are resolved. The Company reserves the right to use a User’s phone number and e-mail address for contact should any questions about a User’s Listing arise. Users must respond to this phone or e-mail inquiry within five days or such User’s Listing will be invalidated. If the Company’s concerns are not resolved to the Company’s satisfaction, the Company still reserves the right to invalidate such Listing.
7.3 Prohibited Activities. Users agree to use this Application only in a manner that is legal, proper, and related to the purposes of the Application. Users agree not to use the Application in a way that would undermine its functioning and/or disrupt the service for other Users or the Company. Such activities include, but are not limited to, submitting multiple Listings (as defined above), submitting fraudulent Listing, creating alias identities to post multiple Listings, impersonating another person or entity, jamming discussion boards and overloading the system with malicious intent. The Company reserves the right to refuse service and terminate registration of any User found to be or whom the Company thinks may be engaging in such activities, solely at the discretion of the Company.
7.4 Lawful Use. The Application may only be used for lawful purposes. The Company specifically prohibits use of the Application for unlawful purposes and reserves the right to refuse service to any User found to be doing so.
7.5 Use of Application Content. Users may use or download Content from this Application. Users must retain copyrights and proprietary notices on downloaded Content. Users shall not modify, publish, distribute or sell or in any way exploit the Content without the written permission of the Company. Users shall not use any Content for commercial purposes, including, but not limited to, the compilation of any e-mail, addresses, phone numbers or URLs found on the Application.
7.6 No Endorsement. This Application compiles User Listings; Listings published do not convey any recommendations or endorsement of any specific User, company or individual by the Company.
7.7 Access to User Account/ Online Services. You shall be responsible for maintaining the confidentiality of your IndustryCast account, (including all login names and passwords) and you are similarly responsible for all uses of your IndustryCast account whether or not such uses are actually authorized by you. IndustryCast may, in its sole discretion, alter, limit or delete any part of the online services at any time.
7.8 IndustryCast is not responsible for any act or omission of any third party service, application or content providers.
8. Third Party Content.
8.1 The Application is a venue for information supplied by Users (“Third Party Content”). The Company has no prior review process or editorial control over Third Party Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by Users are those of the respective User and not of the Company. Neither the Company nor any User guarantees the accuracy, completeness, and usefulness of any Third Party Content.
8.2 7.1. As specific individual User authentication is sometimes difficult, or even impossible, the Company cannot and does not confirm the identity of each User and whether or not any particular user is authorized to act on behalf of any User. In addition, note there are risks of dealing with underage persons, foreign nationals and persons acting under false pretense. Users must be careful in dealing with other Users to avoid fraud and other personal and economic risks.
9. Links to Third Party Sites.
9.1 The Content may include links between this Application and third party sites, such as company sites, on the World Wide Web that are not under the control or maintained by the Company. Such links do not necessarily constitute an endorsement by the Company of those sites. The Company undertakes no obligation to monitor such sites, and User agrees that the Company is not responsible for such sites or any technical or other problems associated with any such third party site, links or use.
9.2 Users further agree in the event you establish a link from any other site to the Application, you will immediately discontinue such a link upon receiving written notice from the Company of its objection to any such link.
10.1 The Company reserves the right to refuse service and to terminate this Agreement with any User at any time. The effect of the termination will prevent the User from submitting Listings, receiving e-news bulletins by e-mail, accessing the Application, or any other services provided by the Company through the Application to Users. The Company may refuse service in situations including, but not limited to, violation of this Agreement, submission of false Listings and posting Listings containing offensive or defamatory language.
11.1 By becoming a User you agree to indemnify the Company, its officers, agents, partners and employees from any and all claims or damages, including reasonable lawyer’s fees, made by third parties due to, or arising out of the use of the Application or connection to the Application; Content submitted, posted or transmitted by a User though the Application; violation of the Agreement; or any violation of the rights of another.
12. User Passwords
12.1 User accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by the Company to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except by an authorized Company representative. The Company advises that passwords are non-obvious, hard-to-guess, and confidential and changed on a regular basis, and you must log-out at the end of each session.
12.2 Users are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure all uses of your login name and password comply with this Agreement.
12.3 Users must immediately notify the Company of any unauthorized use of your login name or password, or if you know or suspect your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
12.4 All login names and passwords remain the property of the Company, and may be cancelled or suspended at any time by the Company without any notice or liability to you or any other person. The Company is not under any obligation to verify the actual identity or authority of the user of any login name or password.
12.5 You must respond promptly to all e-mail and other correspondence from the Company, including without limitation e-mail and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site.
12.6 The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.
13.1 No Agency or Partnership. The parties to this Agreement are Independent Contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.
13.2 Assignment. The Company may assign any or all of its rights here-under to any party without the consent of User. User shall not assign this Agreement or any of its rights or obligations without the prior written consent of the Company, and any such attempted assignment will be void and unenforceable. This Agreement will be binding upon the parties’ respective successors in interest and permitted assigns.
14. Entire Agreement.
15. Governing Law.
15.1 The laws of the province of British Columbia and the laws of Canada shall govern the Agreement as well as any use of the Application, therein.