Willy's trucking service reserves the exclusive right to modify, change, or otherwise alter the content of these Terms and Conditions. It is the sole responsibility of the user to frequently review this page as the continued use of Willy's trucking service will represent the user’s acceptance of any revision made to these Terms and Conditions. Your only recourse is to cease from using the services provided by Willy's trucking service.
You consent to comply with the following rules and guidelines when using the services provided by Willy's trucking service:
You may not modify or delete any author’s contributions, proprietary designations, labels or legal notices in any information that is posted, published, advertised, disseminated, distributed, or uploaded.
You may not forge the source or origin of a material or information posted, published, advertised, disseminated, distributed, or uploaded.
You may not access or make any reasonable effort to access Willy's trucking service technology systems, infrastructures, networks, environments, data, files or accounts, to which express permission has not been granted, or log into a server that you are not permitted to access.
You may not make any reasonable attempt to subvert or circumvent network security or system mechanisms or make any inquiry of the security of any network, system, or account associated with the service.
You may not use the service in any manner that could impede, overburden, disable, or damage the function or disrupt any other person’s use of the service, including their ability to engage in real-time activities through the service.
You may not employ the use of spider, robot, or any other automated process, device, or means to access the service for any purpose, including but not limited to monitoring or copying any information from the service.
You may not use any manual process to monitor or copy any information on the service for any unauthorized purpose without our express written permission.
You may not use any software, device, or routine that impedes the working of Willy's trucking service.
You may not counter the service through a denial-of-service counter or a distributed denial-of-service attack.
Compliance With Applicable Laws
Import and Export Laws
The user is accountable for and warrants his/her compliance with all applicable laws, regulations and guidelines, including but not limited to, the import and export laws and government’s regulations of any country to, from, over or through which the user’s shipment may be carried. This accountable includes considering and meeting any all applicable import and export duties and license requirements, including but not limited to those from the department of commerce, customs and border protection, and any and all import duties or license requirements of the destination.
Restricted and Prohibited Goods
The following list is a compilation of items that are prohibited or restricted, and as such, cannot be shipped or freighted, and may require additional documentation, and/or cause delays and problems during the customs check:
The user consents that he/she will remain responsible, defend and hold harmless Willy's trucking service and its directors, affiliates, shareholders, agents, employees, partners and independent contractors, at all times, from and against any and all claims, course of actions, awards, damages, liabilities, losses (consequential loss inclusive), interests, fines, penalties, judgement, expenses, and any other cost (including reasonable attorney’s fees) arising as a result of the execution hereof or from the consummation of the transactions contemplated hereby, including without limitation to those occurring in relation to:
any misrepresentation or violation of any representation or warranty made by the user in these Terms and Conditions or any other contract or document executed or delivered by the user concerning these Terms and Conditions;
any omission or negligent action of any user or his/her employees, agents, contractors or any other individual under the user’s control or supervision before or following the date hereof;
any non-performance or breach of a contract or agreement made by Willy's trucking service in these Terms and Conditions or any other document produced by the user in connection with these Terms and Conditions;
Willy's trucking service preparation, determination or execution of the documents or any other necessary documentation needed for transportation, including but not limited to routing, address information, licensing requirement, and listing the value of goods and carriage, except for claims arising exclusively from gross negligence or misconduct of Willy's trucking service;
The user providing to Willy's trucking service any inaccurate or false information; and
The user’s failure or inability to comply with the provisions of this section or any law applicable to exportation or importation in the jurisdiction.
The user acknowledges and accepts that the preceding provisions are Willy's trucking service’s material inducement to enter into this Agreement and the transactions defined herein and shall outlast the termination of this Agreement.
Any use in breach of this provision or any other provision of these Terms and Conditions is exclusively at your own risk and if any section or provision hereof is considered invalid, unenforceable and void under applicable law, such section or provision shall be deemed to be superseded by an enforceable, valid provision that matches closely the original purpose of the initial provision and the remainder of these Terms and Conditions shall remain valid and enforceable.
NO LEGAL RELATIONSHIP
You consent that no joint venture, employment, partnership, or relationship (unless as defined in these Terms and Conditions) exists between you and Willy's trucking service as a result of your use of the Service or this Agreement.
This Agreement represents the sole agreement between you and Willy's trucking service concerning your use of the Service. As such, this Agreement supersedes all contemporaneous proposals and communications (whether oral, electronic or written) between you and Willy's trucking service concerning the service. Any suspected waiver of any violation of these Terms and Conditions shall not be construed as a waiver of any future violation.
YOU WARRANT AND REPRESENT THAT YOU USE OUR SERVICES AT YOUR SOLE RISK AND DEPENDENT ON THE FOLLOWING DISCLAIMERS. WE ARE OFFERING OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES EITHER IMPLIED OR EXPRESS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUS OR OTHER HARMFUL CODES. WE DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION PROVIDED BY US IS COMPLETE, ACCURATE, OR USEFUL, THAT OUR SERVICES WILL BE AVAILABLE, OPERATIONAL, ERROR-FREE, SAFE, OR SECURE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT ANY DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, NEITHER ARE WE LIABLE FOR, CONTROLLING OR MANAGING WHEN OR HOW OUR USERS USE OUR SERVICES OR THE INTERFACES AND FEATURES OUR SERVICES PROVIDE. WE ARE NOT IN ANY WAY LIABLE FOR AND ARE NOT RESPONSIBLE TO CONTROL THE BEHAVIORS OR INFORMATION (CONTENT INCLUSIVE) OF OUR USERS OR OTHER THIRD PARTIES. YOU DISCHARGE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “WILLY’S TRUCKING SERVICE PARTIES”) FROM ANY COMPLAINT, CLAIM, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (JOINTLY, “CLAIM”) AND DAMAGES, EITHER KNOWN OR UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST US OR ANY THIRD PARTIES.
LIMITATION OF LIABILITY
THE WILLY’S TRUCKING SERVICE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, ARISING OUT OF, RELATING TO, OR IN ANY WAY IN CONNECTED WITH OUR TERMS AND CONDITIONS, US, OR OUR SERVICES, EVEN IF THE WILLY’S TRUCKING SERVICE PARTIES HAVE BEEN ADVISED OF THE PROBABLE OCCURRENCE OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF, RELATING TO, OR IN ANY WAY IN CONNECTION WITH OUR TERMS AND CONDITIONS, US, OR OUR SERVICES WILL NOT BE ABOVE THE HIGHER OF ONE HUNDRED DOLLARS ($100) OR THE SUM YOU HAVE PAID US FOR ACCESS AND USE OUR SERVICE IN THE PAST TWELVE MONTHS. THE PRECEDING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS OR STATES MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, IN THIS REGARD, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS SECTION MAY NOT APPLY SPECIFICALLY TO YOU. WITHOUT REGARDING ANYTHING TO THE CONTRARY IN OUR TERMS AND CONDITIONS, IN SUCH CASES, THE LIABILITY OF THE WILLY’S TRUCKING SERVICE PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
These Terms and Conditions and all claims arising thereof shall be considered under the applicable laws and regulations of Alberta without any conflict of law principles that would lead to applying any law other than those from Alberta. The parties consent that in all claims between them, they submit to the exclusive jurisdiction and the venues of the courts in Alberta and the parties waive any claim that the jurisdiction or venue is inconvenient and improper. In all lawsuits to interpret or enforce these Terms and Conditions, the parties waive all rights a jury trial, and as such, the prevailing party shall recover from the other party all expenses and costs incurred, including but not limited to reasonable attorney’s fees, experts and consultant’s charges.
Notwithstanding the limitations placed on jurisdictions and venue above, the party favoured by the judgement concerning this Agreement shall be entitled to enforce that judgement in any jurisdiction or venue.