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THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Last updated on June 26, 2020

ACCEPTANCE OF TERMS

Welcome to the Internet sites of TransCanada FoundLocally Inc.  which include without limitation, TransCanadaHighway.com, FoundLocally.com, (the “TC-FL websites”). By using the TransCanadaHighway.com website , or any of the products or services available on a TransCanadaHighway.com website you agree, without limitation or qualification, to be bound by these terms and conditions (the “Terms and Conditions”), all as may be modified by TransCanada FoundLocally Inc from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use a TransCanadaHighway.com website or any of the Services on a TC-FL website.

 

DESCRIPTION OF TRANSCANADA FOUNDLOCALLY INC  SERVICES

TRANSCANADA FOUNDLOCALLY INC  is dedicated to imparting a broader knowledge and deeper appreciation of Canada – its people and places, its natural and cultural heritage and its environmental, social and economic challenges. TransCanada FoundLocally Inc. currently provides you with a rich collection of resources, including educational and communication tools, resource materials, forums, contests and other content available through the TC-FL websites (collectively, the “Services”). You understand and agree that the Services may include certain communications from TransCanada FoundLocally Inc. which you may not opt out of receiving. Unless explicitly stated otherwise, any new features or websites that enhance the Services are subject to these Terms and Conditions.

REGISTRATION, ACCOUNTS AND PASSWORDS

Certain of the Services and related material, software, information, data and other content made available on a TransCanadaHighway.com website may require registration or subscription. Should you choose to register or subscribe, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.

You agree to be responsible for:

  • maintaining the confidentiality of any passwords or other account identifiers which you choose as a result of any registration or subscription on a TC-FL website; and
  • all activities that occur under such password or account.

 

Further, you agree to notify TransCanada FoundLocally Inc.  of any unauthorized use of your password or account. TransCanada FoundLocally Inc.  will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

USER CONDUCT

In consideration of the availability, and your use, of a TransCanadaHighway.com website or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such TransCanadaHighway.com website or Service. You acknowledge that TransCanada FoundLocally Inc. may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

  • Post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the TransCanadaHighway.com  website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a TC-FL website, any of the Services, or the Internet;
  • Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others;
  • Post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, hateful, or unlawful material or information;
  • Post, transmit, link to, or otherwise distribute any information, materials, software or content which contains a virus, or other harmful or disruptive component; and
  • Post, transmit, link to, or otherwise make available any material that infringes any patent, trade-mark, trade secret, copyright or other intellectual property or proprietary right.

 

RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use a TransCanadaHighway.com website or any of the Services, you recognize that you are fully responsible for:

  • The online conduct of such minor;
  • Controlling the minor’s access to and use of a com website or any of the Services; and
  • The consequences of any misuse by the minor.
  • You acknowledge that some of the areas of a com website may contain material that is inappropriate for minors.

 

Registration data and certain other personal information about you is subject to our Privacy Policy. You acknowledge that TRANSCANADA FOUNDLOCALLY INC  may from time to time, but is not obliged to monitor a TransCanadaHighway.com website or any content accessible through a TransCanadaHighway.com website or any of the Services. However, you agree that TransCanada FoundLocally Inc.  has the right to monitor a TransCanadaHighway.com website electronically from time to time and to disclose any information, including your personal information, as necessary to satisfy any law, regulation or other governmental request, to operate a TransCanadaHighway.com website or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.

RESTRICTIONS ON USE

You acknowledge that any and all information, content, reports, data, photographs, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on the TransCanadaHighway.com website (the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, is the property of TransCanada FoundLocally Inc. or its licensees, or the respective owner as indicated.

All Content is protected by Canadian and worldwide copyright laws and treaty provisions. TransCanada FoundLocally Inc  and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only.

You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a TransCanadaHighway.com website or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective owner of such Content.

TERMINATION

You agree that TransCanada FoundLocally Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TransCanada FoundLocally Inc. believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. FoundLocally.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that TransCanada FoundLocally Inc.may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TransCanada FoundLocally Inc. shall not be liable to you or any third-party for any termination of your access to the Service.

TRADE-MARKS AND OFFICIAL MARKS

All other product, brand and company names and logos used or mentioned on a TransCanadaHighway.com website or any of the Services may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on a TransCanadaHighway.com website or any of the Services without the express written consent of the owner of the trade-mark is strictly prohibited.

PERSONAL INFORMATION AND PRIVACY

For information on how user information is collected, used and disclosed by TransCanada FoundLocally Inc. on connection with your use of an TransCanadaHighway.com website and any of the services, please consult our Privacy Policy.

DOWNLOADS

Certain TC-FL websites allow you to download software applications [or other forms of Content,] (the “Software”). The Software is made available to you by TransCanada FoundLocally Inc. or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by TransCanada FoundLocally Inc.or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that TransCanada FoundLocally Inc. or the designated third parties retain full and complete title to the Software and all intellectual property rights therein.

You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you.

You further agree that TransCanada FoundLocally Inc., its agents, representatives, licensors, suppliers and each of their respective affiliates, to the maximum extent permitted by law, makes no warranties regarding the Software, and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.

CONTENT LINKED TO A TRANSCANADAHIGHWAY.COM WEBSITE

Please note that certain links on a TransCanadaHighway.com website may take you to other websites that are not necessarily under the control of TransCanada FoundLocally Inc. TransCanada FoundLocally Inc. provides these links only as a convenience and not as an endorsement by TransCanada FoundLocally Inc. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

TransCanada FoundLocally Inc. is not responsible for the accuracy or appropriateness of the content of any such linked sites or any other web page which is not part of a TransCanadaHighway.com website and under TransCanada FoundLocally Inc.’s control. If you access any linked site, you do so at your own risk. Unless otherwise expressly provided, TransCanada FoundLocally Inc. makes no representation or warranty regarding, and does not recommend or endorse, any linked site or the content appearing thereon.

You agree that TransCanada FoundLocally Inc. will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a TC-FL website.

DEALINGS WITH THIRD PARTIES

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found through a TransCanadaHighway.com website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.

TransCanada FoundLocally Inc assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone.

You agree that the TransCanada FoundLocally Inc will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

AMENDMENT AND WAIVER

For users of the TC-FL websites, TransCanada FoundLocally Inc reserves the right, in its sole discretion, to add to, remove from, amend, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time.

Changes will be effective when notice of such change is posted on a TC-FL website. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of any TC-FL websites and any of the Services immediately.

Your continued use of a TransCanadaHighway.com website or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, TransCanada FoundLocally Inc reserves the right to change, modify, suspend or discontinue any aspect of a TC-FL website, Services or Content from time to time without notice or liability and for any reason whatsoever.

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE CONTENT ON TC-FL WEBSITES AND ANY OF THE SERVICES AND CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EACH OF TransCanada FoundLocally Inc., ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY “TransCanada FoundLocally Inc.”) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION AVAILIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES, OR COMPLETENESS, AS WELL AS THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE; AND

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TransCanada FoundLocally Inc. SPECIFICALLY MAKES NO WARRANTIES THAT A TRANSCANADAHIGHWAY.COM WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A TRANSCANADAHIGHWAY.COM WEBSITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

INDEMNIFICATION

You agree at all times to indemnify, defend and hold harmless TransCanada FoundLocally Inc. and their respective officers, directors, employees and agents, including all third parties mentioned on a TC-FL website, against any and all claims, actions, proceedings, costs, damages, liabilities, expenses and demands whatsoever, including without limitation reasonable legal and accounting fees, sustained, incurred or paid by TransCanada FoundLocally Inc. directly or indirectly resulting from or related to:

  • Your breach of any of these Terms and Conditions;
  • Your access to or use or misuse of a TC-FL website, Services or Content including without limitation infringement claims; or
  • Your use or reliance on, or publication, communication or distribution of anything on or from the TransCanadaHighway.com website or through any of the Services.

 

You will use your best efforts to cooperate with TransCanada FoundLocally Inc. in the defense of any claim. TransCanada FoundLocally Inc. reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE TRANSCANADA FOUNDLOCALLY INC  GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, AGGRAVATED, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER TRANSCANADA FOUNDLOCALLY INC  HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:

THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A TC-FL WEBSITE, OR

ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR

ANY OTHER MATTER RELATING TO A TRANSCANADAHIGHWAY.COM WEBSITE OR ANY OF THE SERVICES EVEN IF TransCanada FoundLocally Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

GOVERNING LAW / SUBMISSION TO JURISDICTION

TransCanada FoundLocally Inc., TC-FL websites, content and Services (excluding linked sites) are controlled, operated and administered by TransCanada FoundLocally Inc. from its offices within Canada. TransCanada FoundLocally Inc. makes no representation or warranty that a TransCanadaHighway.com website or any of the Services are appropriate or available for use at any locations outside Canada. If you access a TransCanadaHighway.com website from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a TransCanadaHighway.com website in violation of applicable export laws and regulations.

These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Alberta, Canada, without reference to its conflict of laws principles. Subject to this Section, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Alberta and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any TransCanadaHighway.com website or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of the Site or Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Calgary, Alberta in English and governed by Alberta law pursuant to the Arbitration Act, 1991 (Alberta), as amended, replaced or re-enacted from time to time.

The arbitrator will be a person who is legally trained and who is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against TransCanada FoundLocally Inc.  relating to any Claim and you also agree to opt out of any class proceedings against TransCanada FoundLocally Inc.  Notwithstanding the foregoing, TransCanada FoundLocally Inc. reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

INTERPRETATION

The use of sections and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms of Service.

GENERAL PROVISIONS

These Terms and Conditions and you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between TransCanada FoundLocally Inc.  and you pertaining to your use of a TC-FL website, Services and Content and supersede any prior agreements between you and TransCanada FoundLocally Inc. with respect to the subject matter hereof. TransCanada FoundLocally Inc. ‘s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision.

If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof). No changes to these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.

Copyright 1999-2020 © TransCanada FoundLocally Inc. and/or its affiliates and licensors. All Rights Reserved.

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