Last Updated: November 15, 2012
The website GCAN.COM (the “Website”) is owned and operated by Fuel Transfer Technologies Inc. (“FTT”).
A. TERMS APPLICABLE TO ALL USERS
2. Changes to Terms
The Website is directed to those individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on the Website. FTT makes no representation that the information, opinions, advice or other content on the Website (collectively "Content") is appropriate or that its products and services are available outside Canada. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of the Website for your informational use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on the Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of FTT is strictly prohibited.
5. Copyrights and Trademarks
The materials on the Website, as well as the organisation and layout of the Website, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on the Website solely for your personal and non-commercial use; however, any printout of the Website, or portions of the Website, must include FTT’s copyright notice. No right, title or interest in any of the materials contained on the Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of the Website, create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from the Website without the prior written permission of FTT.
Except as expressly provided under Section 4 (Scope of Use) above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate the Website without the prior written permission of FTT. You may not use a part of the Website on any other website, without FTT’s prior written consent.
7. No Unlawful or Prohibited Use
Gathering e-mail addresses from FTT through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with FTT should be directed to: firstname.lastname@example.org.
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH FTT EXPRESSLY DISCLAIMS. FTT DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND FTT WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. FTT HAS NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. FTT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FTT.
10. Governing Law, Location and Miscellaneous
11. Separate Agreements
12. Canadian Resident
You represent that you are a resident of Canada.
13. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. The Website is not intended for use by minors.
14. Users Disputes
You are solely responsible for your interactions with other users. FTT reserves the right, but has no obligation, to monitor disputes between you and other users.
15. User Submissions And Communications; Public Areas
If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to FTTby e-mail, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted FTT a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. FTT may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to FTTby e-mail. FTT tries to answer every e-mail in a timely manner, but is not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website and in social media environments such as Facebook, YouTube, and Twitter are not moderated or reviewed. Accordingly, you will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Website reviewer may periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. FTT has full discretion to delete messages. You are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
FTT reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the Website, regardless of whether such communication(s) violate these standards.
- Record user interactions with the Website and its contents using analytics and other reporting technologies related to improving website performance.
FTT reserves the right to take any action it deems necessary to protect the personal safety of its guests or the public. FTThas no liability or responsibility to users of the Website or any other person or entity for performance or non-performance of the aforementioned activities.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
17. Limitation of Liability
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. FTT SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF FTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FTT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
19. Accounts And Security
FTT does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
- select or use a Login Name of another person with the intent to impersonate that person;
- use a name subject to the rights of any other person without authorisation;
- use a Login Name that FTT, in its sole discretion, deems inappropriate or offensive.
You shall notify FTT of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at FTT’s sole discretion, and you may be reported to appropriate law-enforcement agencies.