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Your access to and continued use of the Viva Commute website at http://www.vivacommute.com (the "Site")
constitutes your acceptance of and agreement to comply with the following provisions,
in their entirety (the "Terms"). This Service is provided to individuals who are at least 18 years old.
BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE PROCESS OF ESTABLISHING A PROFILE,
YOU ARE STATING THAT YOU ARE ELIGIBLE TO DO SO, AND THAT YOU AGREE TO BE BOUND BY ALL OF
THE TERMS.
If you have not already done so, please take some time to familiarize yourself with the Terms.
If you do not agree to the Terms, you should immediately discontinue any use of the Site.
Also note that these Terms may change from time to time and it is your responsibility to check for such updates.
Continued use of the Site after any such changes shall constitute your consent to such changes.
The last revision date for these Terms is set forth below.
Last revised: Aug 25,2000
(A) RESERVED RIGHTS AND GRANT OF LIMITED LICENCE
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Copyright © April 18, 2000 Viva Commute Inc. All rights reserved.
Viva Commute Inc. either owns the intellectual property rights, including copyright, or
has acquired the necessary licenses, in the information, including all text, HTML code,
multimedia clips, images, graphics, icons, Java code, contained in the Site, as well as
the selection and arrangement of those contents (collectively the "Information").
Portions of the Information have been licensed to Viva Commute Inc. by Statistics Canada. |
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As a user of the Site, you are granted a limited licence to use (display or print)
short extracts of the Information for your own personal non-commercial use only,
provided the Information is not modified and you shall be fully responsible for any
consequences resulting from such use. Any other use of the Information is prohibited.
None of the Information may be otherwise reproduced, republished or re-disseminated
in any manner or form without the prior written consent of Viva Commute Inc. |
(B) SERVICE SUBJECT TO LOCAL LAW
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Any products or services mentioned on the Site are made available in accordance with
local law and only where they may be lawfully offered for sale. |
(C) NO ENDORSEMENT
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The Site may contain links to other sites. These links are provided as references
to help you identify and locate other Internet resources that may be of interest.
These other sites were not developed by Viva Commute Inc. but rather by independent third parties,
and Viva Commute Inc. does not assume responsibility for the accuracy or appropriateness of
the information contained at such sites. In providing links to other sites, Viva Commute Inc.
is in no way acting as a publisher or disseminator of the material contained on those other sites
and does not seek to control the content of, or maintain any type of editorial control over, such sites. |
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A link to another site should not be construed to mean that Viva Commute Inc. is affiliated or associated with,
or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in
the link or the description of the link to such other sites. |
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The mention of another party or its product or service on the Site should not be construed as an endorsement
of that party or its product or service. |
(D) NO ADVICE OR WARRANTIES
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Information provided by Viva Commute Inc., on the Site is believed to be reliable when posted.
However, Viva Commute Inc. does not guarantee the quality, accuracy, completeness or timeliness of the information provided.
Information posted by other users is of course not subject to verification by Viva Commute Inc., which disclaims all
responsibility for the quality, accuracy, completeness or timeliness of information posted by users. Viva Commute Inc.
assumes no obligation to update the Information or advise on further developments concerning topics mentioned.
Information contained on the Site may contain typographical errors. Information provided may be changed without notice. |
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Access to this Site is provided on an "as is" basis. You should not assume that the Site will be error-free or that the
Site will operate without interruption. |
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Viva Commute Inc. disclaims all warranties, representations and conditions regarding use of the Site or the information
provided, including all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement,
whether express or implied, or arising from a course of dealing, usage or trade practice. |
(E) NO LIABILITY
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Viva Commute Inc. is not responsible for any direct, indirect, special, incidental or consequential damage or any other
damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the
information available on the Site, including any loss of use, lost data, lost business profits, business interruption,
personal injury, death, or any other pecuniary loss, whether the action is in contract, tort (including negligence) or
otherwise. |
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If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to
discontinue using the Site. |
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Viva Commute Inc. disclaims any liability for unauthorized use or reproduction of any portion of the Site. |
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Any dealings you have with any entity mentioned on the Site, whether relating to arranging for shared commutes,
the purchase of goods or services from any sponsor or other entity, or otherwise, are solely between you and the
other entity. Viva Commute Inc. shall not be responsible nor liable for any part of any such dealings. |
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The example companies, organizations, products, people and events depicted on the Site are fictitious.
No association with any real company, organization, product, person, or event is intended or should be inferred. |
(F) TRADEMARKS
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Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks
or trade names of Viva Commute Inc. or other entities. |
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The display of any such marks or names on the Site does not imply that any licence has been granted to
you or anyone else, by Viva Commute Inc. or other entities. |
(G) CONFIDENTIALITY WARNING
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Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured.
Internet e-mail is vulnerable to interception and forging. Viva Commute Inc. will not be responsible for
any damages you or any third party may suffer as a result of the transmission of confidential information
that you make to Viva Commute Inc. through the Internet, or that you expressly or implicitly authorize Viva Commute
Inc. to make, or for any errors or any changes make to any transmitted information. |
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Viva Commute Inc. has no obligation to monitor the Site or any user's use thereof or retain the content
of any user session. However, Viva Commute Inc. reserves the right at all times to monitor, review, delete,
change or disclose any information as necessary to satisfy any applicable law, regulation, legal process or
governmental request. |
(H) CONFORMANCE WITH LAW
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You agree to use the Site only in a manner that adheres to applicable law. |
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As a condition of your use of the Site, you warrant to Viva Commute Inc that you will not
use the Site for any purpose that is unlawful or prohibited by the Terms. |
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You agree not to impersonate another person in your use of the Site or the sending
of any e-mail to an address listed on the Site. |
(I) CHOICE OF LAW, COURTS, CONTRACTUAL STATUS AND LIMITATION ON ACTIONS
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The applicable laws of the Province of British Columbia and the laws of Canada shall
govern as to the interpretation, validity and effect of this agreement notwithstanding
any conflict of laws provisions or your domicile, residence or physical location. |
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You hereby consent and submit to the exclusive jurisdiction of the courts of the
Province of British Columbia in any action or proceeding instituted under or related to
this agreement. |
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A printed version of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. |
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You and Viva Commute Inc. agree that any cause of action arising out of or related to
this Service must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred. |
(J) LANGUAGE
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It is the express will of the parties that this agreement and all related documents have
been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que
les documents qui s'y rattachent soient rédigés en anglais. |
(K) SUBMISSIONS
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All submissions submitted to Viva Commute Inc. via the Site shall be deemed, and remain, the
property of Viva Commute Inc. and Viva Commute Inc. shall be free to use, for any purpose,
any ideas, concepts, know-how or other techniques contained in information provided to Viva Commute Inc.
through the Site or sent through e-mail. Viva Commute Inc. shall not be subject to any obligations
of confidentiality regarding any such information submitted to it unless specifically agreed by Viva
Commute Inc. or required by law. Viva Commute will not release any identifying personal information
(name, address etc), although it may release non-personally identifying aggregate information. |
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You agree that any information submitted for inclusion at the Site does not infringe on the intellectual property
or other rights of any third parties and you grant Viva Commute Inc. a right to provide access to the information
from the Site. You warrant that any software submitted to Viva Commute Inc. shall be free of computer viruses. |
(L) NOTICE
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© 2002 Geographic Data Technology, Inc. All rights reserved. This material (in part) is an unpublished work under the Copyright Act of the United States. This material (in part) is considered a secret of Geographic Data Technology Inc. You will be held liable for any unauthorized copying or disclosure of this material. |
(L) NOTICE TO USERS OF TransAction Ridematching SERVICE
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I understand that carpooling is
totally voluntary. On behalf of all my heirs, successors, or assigns, hereby
release and hold harmless my employer, participating Transportation
Management Association and TransAction Associates Inc. from any liability,
claims, and demands of any kind whatsoever, including but not limited to,
any personal injury, loss, theft, or damage to my personal property, loss of
income, and/or consequential damages resulting from voluntary participation
in any form of ridesharing arrangement.
If you choose to disagree with these terms but are still interested in the ridematching program please call TransAction Associates at 181-895-110.
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