ROGUEDELIVERS.COM TERMS OF USE

Please read these Terms of Use carefully before using this website. These Terms of Use govern your use of ROGUEDELIVERS.COM. Together with any other terms, conditions or disclaimers contained on this website (including the Terms of Service and the Additional Software Terms), they also govern all applications, software, tools and services (collectively, “Services”) available through ROGUEDELIVERS.COM. Specific terms, conditions or agreements (“Service Agreement(s)”) may apply to certain Services available through ROGUEDELIVERS.COM. Such Service Agreements may accompany the description of the Services or be associated with the Service by hyperlink or be in a separate written agreement between Rogue and you. In the event of any conflict between these Terms of Use and any other terms, conditions or disclaimers contained on the website or in any Service Agreement, such other terms, conditions and disclaimers will govern.

This website is available for your use only on the condition that you agree to these Terms of Use. If you do not agree to all of these Terms of Use, do not view or use this website. Your viewing and/or use of this website signifies your agreement, both for yourself and on behalf of the entity you represent, to be bound by these Terms of Use.

In these Terms of Use, “you” and “your” refers to the individual accessing or using this website and to the entity that such individual represents; “Rogue”, “we”, “us” and “our” refers to Rogue Transportation Services Inc., the owner of this website; “information” or “content” refers to any information provided on this website, including any documents and forms; “website” refers to ROGUEDELIVERS.COM; “including” means “including, without limitation”, and “include” and “includes” have similar meanings.

Rogue Transportation Services Inc. reserves the right to make changes to these Terms of Use, any Services and/or to any other content of this website at any time, and from time to time, without notice. It is your responsibility to review these Terms of Use and other relevant content regularly. Your viewing and/or use of ROGUEDELIVERS.COM constitutes your agreement to such changes.

USER ELIGIBLITY

ROGUEDELIVERS.COM is available only to entities and individuals over the age of legal majority who can form legally binding agreements under applicable law. If you do not qualify you are not permitted to use this website.

ROGUEDELIVERS.COM is provided solely for the use of Rogue’s customers and potential customers, to enable interaction and transactions between such customers and Rogue, and this website may not be used by any other individual or entity or for any other purpose.

All information is for the exclusive use of current and potential customers of Rogue for their own shipments / logistics requirements. Use of information to prepare shipments by or for the benefit of third party shippers is prohibited.

You acknowledge and agree that certain areas of the website are restricted to customers of Rogue.

OWNERSHIP OF ROGUEDELIVERS.COM AND CONTENTS
This website and its content (including all documents, forms, custom graphics, icons, photographs and trade marks) are the intellectual property of Rogue, its affiliates or its licensors. The content is protected by Canadian and international copyright, trade mark and other laws. You may not copy, reproduce, translate, distribute, export, import, upload, download, reverse engineer, interfere with or modify any part of this website or any Services or content of this website, and you may not use any Services or content for any purpose or in any way that is not expressly permitted under these Terms of Use, except with the prior written permission of Rogue or the appropriate third party.
LICENCE / ACCESS / PERMITTED USES

Subject to your compliance with these Terms of Use and applicable Terms of Service, Service Agreements and Additional Software Terms, and your payment of any applicable fees, Rogue grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to (i) access and use this website, its content and Services only for the Permitted Purposes and in the manner presented and permitted by Rogue; and (ii) access and use any Rogue computer, systems and network services (collectively, “Rogue Systems”) provided through the website only for the Permitted Purposes and in the manner expressly permitted by Rogue. Except for this limited license, you have no right or interest in or to the Rogue Systems, this website, the content or Services.

You are permitted to access and use this website, the content, Services and Rogue Systems pursuant to the above license only for the purposes of interacting and transacting with Rogue in respect of purchasing and managing products and services provided to you by Rogue as a customer or potential customer of Rogue (the “Permitted Purposes”). Any resale or commercial use of any content, Services or Rogue Systems; any collection or use of listings, descriptions or prices of services or products of Rogue or its subcontractors or suppliers; any derivative use of any Services, content or Rogue Systems; any downloading or copying of information for the commercial benefit of another entity; or any use of data mining, robots or similar data-gathering or extraction tools, is prohibited.

OTHER RESTRICTIONS

In addition to the other restrictions on the use of this website set out in these Terms of Use, you agree that you will not:

  1. disguise the origin of information transmitted through the website;
  2. place false or misleading information on the website;
  3. use or access any service, information, application or software available through the website in any manner not expressly permitted by Rogue;
  4. input or upload to the website any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the website, any content or Service or that infringes the intellectual property rights of another;
  5. frame or use framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout or form) of Rogue; or
  6. use or access the website, Rogue Systems or Services in any way that, in Rogue’s judgment, adversely affects the performance or function of the website, Rogue Systems or Services or interferes with the ability of authorized parties to access or use the website, Rogue Systems or Services.
TERMINATION
Rogue may, in its sole discretion, terminate or suspend your use of or access to the website, content, Rogue Systems or Services at any time and from time to time, for any or no reason, even if others continue to be allowed access and use. Immediately upon any such termination or suspension you must discontinue use of the website, content, Rogue Systems and Services and destroy any information and copies of content in your possession or control. Access or use of the website, content, Services or Rogue Systems after any termination or suspension shall constitute trespass by you. You agree that Rogue shall have no liability or obligation to you or any third party for any termination or suspension of your access to or use of the website, content, Services or Rogue Systems.
MODIFICATIONS
These Terms of Use may be revised from time to time without notice. Any aspect of the website, including any content and any Services, may be changed, supplemented, deleted or updated at any time at Rogue’s sole discretion without notice. Rogue may implement or change fees for the use of any Services provided through the website from time to time without notice. Your use of ROGUEDELIVERS.COM following any such change will signify your acceptance of such changes.
SUBMISSIONS

Rogue does not accept submissions of ideas or concepts for new techniques, services or products through this website. If you submit such information to Rogue through this website you do so at your own risk, and you grant Rogue a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable and transferable right to use, produce, modify, adapt, publish, reproduce, translate, create derivative works from, distribute, exploit, communicate and display such information in any media. Rogue will have no duty of confidentiality in respect of any such information, and may exercise any of the foregoing rights without obligation or liability.

Should you wish to submit such ideas or concepts please contact us to request a Confidentiality Agreement.

ADDITIONAL SOFTWARE TERMS

You may use the Rogue Systems and Services solely for purposes of enabling you to use and enjoy the products and services offered by Rogue to its customers, as provided by Rogue and as permitted by the Terms of Use, the Terms of Service and applicable Service Agreement(s). You may not incorporate any portion of any software comprising Rogue Systems or Services into your own programs or compile any portion of it in combination with your own programs or otherwise appropriate any of it. You may not use the Rogue Systems or Services for any illegal purpose. Rogue may cease providing any Rogue Systems or Services and we may terminate your right to use any Rogue Systems or Services at any time. Your rights to use the Rogue Systems or Services will automatically terminate without notice if you do not comply with any of these Additional Software Terms, any other Terms of Use, any Terms of Service or the terms and conditions of applicable Service Agreement(s).

You may not, and you will not encourage or assist any other person to, copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, any software comprising Rogue Systems or Services, or create any derivative works from or of such software.

Rogue may provide automatic or manual updates to its software at any time, and from time to time, without notice.

You must comply with all export and re-export restrictions and regulations of applicable governmental authorities that may apply to any software comprising Rogue Systems or Services.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS CONTAINED IN THIS SECTION 9 OR IN THE FOLLOWING SECTION 10 MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

UNLESS OTHERWISE SPECIFICALLY STATED IN WRITING, ROGUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR ANY OF THE CONTENT, INFORMATION OR SERVICES AVAILABLE ON OR THOUGH THIS WEBSITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES AS TO COMPLETENESS, ACCURACY, SECURITY, TIMELINESS OR RESULTS TO BE OBTAINED. THIS WEBSITE AND ALL CONTENT, INFORMATION AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU AGREE THAT YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, ROGUE DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

ROGUE DOES NOT WARRANT THAT ROGUEDELIVERS.COM OR ANY OF ITS CONTENT OR THE ROGUE SYSTEMS OR SERVICES (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; ROGUE’S SERVERS, ELECTRONIC COMMUNICATIONS OR EMAIL SENT FROM ROGUE ARE COMPATIBLE WITH YOUR COMPUTER OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING APPROPRIATE PROTECTIONS FOR YOUR COMPUTER AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY REPAIRS, SERVICE OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEM THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THIS WEBSITE. ROGUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, ANY CONTENT OR SERVICES OR THE ROGUE SYSTEMS.

ROGUE DOES NOT GUARANTEE THE CONFIDENTIALITY OF ANY COMMUNICATIONS VIA EMAIL OR OTHERWISE THROUGH THE WEBSITE.

NO WRITTEN OR ORAL REPRESENTATION OR WARRANTY PURPORTED TO BE GIVEN BY OR ON BEHALF OF ROGUE SHALL BE VALID OR ENFORCEABLE AGAINST ROGUE, EXCEPT FOR EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN A FORMAL AGREEMENT DULY EXECUTED BY AN AUTHORIZED OFFICER OF ROGUE, OR EXPRESSLY STATED IN THESE TERMS OF USE OR APPLICABLE TERMS OF SERVICE OR SERVICE AGREEMENT(S).

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF ROGUEDELIVERS.COM AND ITS CONTENTS, ROGUE SYSTEMS AND THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL ROGUE OR ANY OF ITS REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THOUGH YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS, OR DAMAGES RESULTING FROM LOST OPPORTUNITIES OR DATA OR FROM BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY OF THE WEBSITE CONTENT OR SERVICES OR ROGUE SYSTEMS, WHETHER BASED ON WARRANTY, TORT, CONTRACT STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR BASIS, AND WHETHER OR NOT ROGUE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent permitted by applicable law, the remedies for you set forth in these Terms of Use or in any applicable Service Agreement(s) are exclusive and are limited to the remedies expressly provided in these Terms of Use or such Service Agreement(s).

OTHER BUSINESSES
Rogue may provide links on this website to the sites of affiliated companies or other businesses. Rogue is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their web sites. Except as otherwise expressly stated in a Service Agreement between you and Rogue, Rogue does not assume any responsibility or liability for the actions, products, services of such third parties or for any content of their web sites. You should carefully review their privacy statements and other terms of use.
PRIVACY NOTICE

Rogue’s Privacy Statement also governs your use of this website, its content, Rogue Systems and Services. Please review the Privacy Statement to understand our practices.

With respect to any individual about whom personal information (including personal health information) is provided by you to Rogue, you represent to Rogue that you have obtained all necessary consents for the processing of such personal information contemplated by the services and products you are using and by Rogue’s Privacy Statement, including, if applicable, with respect to the transfer of such personal information to the United States or other countries whose laws may not provide the same level of protection for the personal information as the laws of the country of domicile of such individual.

ELECTRONIC COMMUNICATIONS
Electronic communications between you and Rogue may include emails, text messages, the use of any ROGUEDELIVERS.COM Services, the posting of notices and messages on this website or on your account and other communications from any device. You consent to receive any and all such electronic communications from Rogue. You agree that all agreements, notices, messages, disclosures and other communications that Rogue provides to you electronically satisfy any legal requirement that such communications be in writing.
GOVERNING LAW

These Terms of Use are governed by the laws of the Province of Ontario and the applicable laws of Canada. These laws apply to your access or use of, and to any dispute or claim relating in any way to your access or use of, ROGUEDELIVERS.COM, the content, the Rogue Systems and any Services, notwithstanding that you or the entity you represent may be domiciled, resident or physically located in another jurisdiction.

For Quebec consumers: These Terms of Use and any dispute or claim that might arise between you and Rogue shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable in Quebec, and any disputes or claims will be submitted to a court of competent jurisdiction of the District of Montreal, Quebec.

LANGUAGE

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par les présentes qu'ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue anglaise seulement.

ENTIRE AGREEMENT, NON-WAIVER, SEVERABILTY

These Terms of Use, and any applicable provisions of the Terms of Service or Service Agreement(s) between you and Rogue constitute the entire agreement between you and Rogue with respect to the use of the website, Rogue Systems, content or Services, and supersede all discussions, communications, proposals or prior agreements respecting the subject matter hereof.

Rogue’s failure or forbearance to insist upon or enforce strict compliance with any provision of the Terms of Use, Terms of Service or any Service Agreement shall not be construed as a waiver of any such provision or any of Rogue’s rights.

If any term or condition of any Terms of Use, Terms of Service, Service Agreement or Rogue policies shall be deemed invalid, void or unenforceable for any reason, such term or condition shall be deemed severable and shall not affect the validity or enforceability of any other term or condition.

QUESTIONS

Questions about these Terms of Use may be submitted to:

E-mail: privacyofficer@Roguedelivers.com
Send Mail: 255 Courtneypark West, Mississauga, Ontario L5W O5A Canada
Fax: 905-362-940