Overview
Please read these terms and conditions of use (“Terms and Conditions”) of the A&B Rail Services Ltd. website (the “Site”) carefully. By using the Site, you are agreeing to accept the Terms and Conditions.
You should revisit this page from time to time as your use of the Site is subject to the most current version of the Terms and Conditions posted on the Site at the time of such use.
If you do not wish to be bound by these Terms and Conditions, please do not access, or use this site.
Your Right to Use This Site
Provided that you comply with the Terms and Conditions, you have the right to use this Site to (a) view various materials, including information, documents, and other content (collectively, the “Materials”), and (b) access A&B Rail Services Ltd. services, including an online product order form and course registration form from which services may be purchased (collectively, ” A&B Rail Services Ltd.”).
If you receive an e-mail message that contains a link to the Site, or embedded links that recreate a page from the Site in your e-mail reader or in a web browser, you become subject to these Terms and Conditions upon activating the link or opening the message, and all prohibitions and disclaimers herein apply to you.
A&B Rail Services Ltd. reserves the right to restrict, suspend, or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded or printed from the Site, at any time for any reason, without prior notice or liability, and at A&B Rail Services Ltd.’s sole discretion.
Ownership of Materials on the Site
The Materials on the Site are owned by A&B Rail Services Ltd. and its suppliers. They are copyrighted and protected by Canadian and international intellectual property laws, treaties, and conventions.
You may not copy, reproduce, photocopy, store, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit, or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s).
You may download and print a copy of the material on the Site for non-commercial, personal use.
The trademarks of A&B Rail Services Ltd. and others used on the Site are the property of A&B Rail Services Ltd. or their respective owners.
You may not use any trademark displayed on the Site without the written permission of A&B Rail Services Ltd. or the respective owner.
Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials.
You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download. The doing of an unauthorized act in relation to a copyrighted work may result in either or both a civil claim for damages and criminal prosecution.
Communications from You to the Site
You are solely responsible for the legality of all information and other content you send to the Site (“Communications”).
You are prohibited from sending A&B Rail Services Ltd. any unlawful, threatening, libellous, defamatory, obscene, pornographic, or any other Communications that would violate any law or the rights of others.
Where A&B Rail Services Ltd. solicits your Communications for any purpose or creates a mechanism to allow you to post Communications to the Site, A&B Rail Services Ltd. will have the right, but not the obligation, to review any such Communications to ensure that they comply with the Terms and Conditions and any applicable laws or regulations.
A&B Rail Services Ltd. reserves the right to edit or delete Communications at its sole discretion, without notice and without liability. A&B Rail Services Ltd. will comply with any court order directing it to disclose the identity of anyone sending or posting Communications of any kind to the Site.
Links and Third-Party Services
From time to time, A&B Rail Services Ltd. may provide links from the Site to other sites (“Linked Sites”) or make the services or programs of third parties (“Third-Party Services”) available on or through the Site.
This is done solely as a convenience to you and in no way should be interpreted as an endorsement of or acceptance of responsibility or liability for the Linked Site or Third-Party Service. Site visitors use Linked Sites and Third-Party Services at their own risk and are advised to take standard business precautions before entering into contractual relationships with other parties.
You may create a hyperlink from your webpage to the Site only if your website does not:
- imply that A&B Rail Services Ltd. is endorsing your site, services, or products.
- misrepresent your relationship with A&B Rail Services Ltd.
- contain content that could be viewed as distasteful, obscene, offensive, or controversial, or inappropriate for all ages.
- portray A&B Rail Services Ltd. or its products or services, in a false, misleading, offensive, or objectionable manner.
A&B Rail Services Ltd. may request that you remove any link to the Site. Upon receipt of such request, you shall immediately remove the link.
Applicable Laws
This Site is operated and controlled by A&B Rail Services Ltd. from its offices within the Province of Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario.
By accessing the Site, you agree that the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site.
You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.
A&B Rail Services Ltd. makes no warranty or representation that any or all Materials and A&B Rail Services Ltd. Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or A&B Rail Services Ltd.
Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.
If any provision of the Terms and Conditions is found to be unlawful, void, or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions.
The parties agree that this agreement and all related documents be written in the English language. Les parties ont exigé que le présent contrat et tous les documents connexes soient redigés en anglais.
Disclaimer
Except as otherwise noted, the materials and A&B Rail Services Ltd. services provided on this site are provided “as is” by A&B Rail Services Ltd., without any warranties or representations of any kind, including warranties and conditions of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property.
Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law.
A&B Rail Services Ltd. makes no warranties or representations of any kind regarding Linked Sites or Third-Party Services accessible by means of the Site or described in the Materials. A&B Rail Services Ltd. also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.
Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, A&B Rail Services Ltd. does not warrant or represent the accuracy and completeness of the Materials on the Site.
A&B Rail Services Ltd. may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and A&B Rail Services Ltd. makes no commitment to update the Materials.
The Materials about health or safety published on the Site (“Reference Materials”) are general in nature and intended for educational purposes only. They were developed from sources believed to be reliable, current, and the best current opinion on the subject at the time of development.
A&B Rail Services Ltd. makes no warranty, representation or guarantee as to the correctness or sufficiency of any representation contained in the Reference Materials, and you should not assume that all acceptable safety measures are contained therein or that other or additional measures may not be required in particular or exceptional conditions or circumstances.
The Reference Materials are not intended to substitute for professional advice and should not be relied upon for medical, legal, or financial decisions. You should consult with an appropriate professional for specific advice tailored to your situation.
Limitation of Liabilities
In no event will A&B Rail Services Ltd., or its suppliers, be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any linked sites, or the materials or services contained or provided through any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not A&B Rail Services Ltd. is advised of the possibility of such damages.
Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless A&B Rail Services Ltd. and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of A&B Rail Services Ltd. Services provided on the Site, or your Communications to the Site.
Consumer Information
Individuals or organizations that wish to order Training Solutions from the Site must complete the required information on the online order form provided, and supply current, complete, and truthful information as prompted.
In the case of orders for Training Solutions, you agree to notify A&B Rail Services Ltd. promptly of any changes in this information until such time as the order has been fulfilled. Training Solutions may be purchased for lawful purposes and by end-users only.
Pricing
Product prices listed on the Site are provided for informational purposes only, and do not constitute an offer to sell Products.
Unless otherwise stated, prices are in Canadian dollars and do not include applicable taxes or shipping, handling, or insurance costs.
You accept sole responsibility for the importation of any Products, including required licenses and permits and all associated costs, from Canada into other jurisdictions.
Payment Terms
When you select Training Solutions for purchase and choose “submit” on the order page, the total of the price, taxes and any applicable shipping, handling, or insurance costs may be invoiced or charged to the credit card number you provide. Invoices are required to be paid upon receipt to a maximum time indicated on the invoice.
You confirm that you are authorized to use such credit card number to make this purchase and permit A&B Rail Services Ltd. to take steps to verify such authorized use.
Your credit card will be charged the price for the Training Solution at the time of purchase, which may differ slightly from the price posted on the Site.
Orders are not binding upon A&B Rail Services Ltd. until A&B Rail Services Ltd. at its sole discretion accepts the order.
You are responsible for all charges incurred in your use of the Site, whether or not authorized by you.
You should inform yourself of the extent of your liability for unauthorized charges under any credit card agreement(s) that may apply to you.
Training Cancellation Policy
A&B Rail Services Ltd. reserves the right to cancel any program due to insufficient enrollment or other causes.
Clients who cancel programs scheduled at their facility will receive a full refund if written notification of the cancellation is received no later than five business days prior to the program.
No refunds will be made after that time. Participants who are registered in an A&B Rail Services virtual or facility training program but who do not attend or do not provide written notification of the cancellation at least five business days prior to the program are responsible for the full fee.
Please also review our Privacy Policy.