Terms and Conditions

Terms and Conditions

By using our website, you are agreeing to comply with and be bound by the following terms and conditions. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

1. Acceptance of Agreement. You agree to the terms and conditions outlined agreement with respect to our site, products and services (the “Site”). You must be of legal age to use our site and to enter into this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright. The content, design, layout, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including and not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. Trademarks. Traxion Consulting Inc. ("Traxion"), the Traxion Logo and the Traxion infinity symbol are registered or unregistered trade and/or service marks of Traxion Consulting Inc. and are protected by Canadian and international trademark and service mark laws. All other names, brands, logos, etc. are registered trade or service marks of their respective owners.

4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including, but not limited to, these Terms & Conditions.

6. Digital Locker Access and Subscriptions. Digital Locker access and subscriptions are governed by the following terms: Access to our Digital Lockers is for personal use only. Commercial activity is not allowed with our Digital Locker modules. You may not copy, distribute, or sell any information you receive in connection with purchasing our products & services. We do not give refunds for any unused portion of Digital Lockers or other subscriptions. Subscriptions, Login information and any other material you receive in connection with your account may not be shared among individuals. All user IDs are for single user access only and cannot be transferred once they have been started. Digital Lockers can be accessed from up to 2 computers (i.e. a work computer and a home/laptop computer) to prevent unauthorized access. Your computer must accept cookies to be authorized. Do not delete or otherwise move these cookies as this will invalidate your authorization. All authorizations are subject to Traxion's review and approval. Any activity designed to circumvent existing security measures or destructive activities that negatively impact system performance, stability or reliability will lead to immediate account termination without refunds of the unused portion of access. We do not provide desktop, configuration and/or technical support as part of our Digital Locker subscriptions. All Digital Locker subscriptions renew automatically until canceled. Cancelations must be received three (3) days prior to the renewal. We cannot cancel subscriptions retroactively. To cancel, simply send us an email or call our office. If you don't want your subscription to renew automatically send us an email.  100% Satisfaction guarantee: You can try our products & services for 5 days - if you do not like them simply tell us in the first 5 days and we'll issue a full refund to your account. We cannot issue any refunds after 5 days. Violations of these terms & conditions can lead to immediate loss of access privileges without notice and without refunds of unused portions of access.

7. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

8. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

9. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

11. Privacy Policy. The information you provide to us through the Site is governed by our Privacy Policy. Your election to use the Site indicates your acceptance of our Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to info@traxionconsulting.com or by calling us on any of the numbers listed on www.traxionconsulting.com/contact-us.php. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise. Our Privacy Policy may change from time to time and it is a part of this Agreement.

12. Payments. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

13. Links to other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you leave our Site and access these third-party sites, you do so at your own risk.

14. Information and Press Releases. The Site contains information and News releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any News releases. Information about companies other than ours contained in the release or otherwise, should not be relied upon as being provided or endorsed by us.

15. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Toronto, Ontario, Canada, and shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Ontario, Canada. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

16. Updates to these Terms. We may update these terms from time to time with or without notice. You can always find the most recent version of these terms at this location: Terms & Conditions.

 

Last update: 12/29/2011