Terms and Conditions
The following Terms and Conditions apply to users of the Seaway Business Applications.
If you wish to apply for an account to access the business applications listed above, click Login and follow the instructions concerning registering for a new account.
SEAWAY ON-LINE SERVICES AGREEMENT (Revised February 22, 2002)
The Seaway On-line Services Agreement (“SOSA” or “Agreement”) applies to the Great Lakes St. Lawrence Seaway Development Corporation’s (hereinafter “GLS”) and The St. Lawrence Seaway Management Corporation’s (hereinafter “SLSMC”) Web site at www.greatlakes-seaway.com, its electronic content, and any other business application or content we may add in the future. Hereinafter we refer to all of the above as “Seaway Business Applications”.
If you are registering for access to NavCast, Cost Calculator, E-Transactions, or FleetCast, please read our SOSA before clicking “I agree” below. When you type in “Yes” and click on the “I agree” button, it means that you agree to follow the SOSA’s terms and conditions.
Consent to Electronic Records, Signature, and Acceptance of Terms and Conditions
Both the SOSA and our Web site include important disclosures and regulatory information that are associated with the Seaway Business Applications. When you click “I agree” below you will be consenting to electronic delivery of that information in HTML format. To view, retain, and print the SOSA or other Web pages for your records, you should use a Netscape Navigator 4.0 or Internet Explorer 4.0 browser or higher with Java Script enabled.
By clicking “I agree” you will also be affirming with your electronic signature that:
- you understand and intend that the SOSA is a legally binding agreement and the equivalent of a signed, written contract;
- you will use all Seaway Business Applications, and our Web site generally, in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in the SOSA and any applicable Rules and Guidelines as they may be amended by GLS and SLSMC from time to time; and
- you understand, accept, and have received the SOSA and its terms and conditions, and acknowledge and demonstrate that you can access the SOSA and other disclosures and regulatory materials on our Web site.
If you do not agree with the terms and conditions in the SOSA, please select “Cancel” below and you will exit the registration process. You should be aware, however, that any use of the Seaway Business Applications included in our Web site is subject to the terms and conditions of the SOSA. This Agreement will always be available for your review through the “Terms and Conditions” link at the bottom of the www.greatlakes-seaway.com home page. If you click “I agree” below, we will create an electronic record of your agreement and you will be able to continue with the registration process. Please carefully review the following terms and conditions.
Scope and Effect of the SOSA
The St. Lawrence Seaway Management Corporation and the Great Lakes St. Lawrence Seaway Development Corporation operate the Seaway Business Applications. For access to these applications, and as a condition on visiting and using our Web site generally, you must agree, without modification, to the terms and conditions of the SOSA. We may also ask you to follow additional rules, guidelines or other conditions that govern the use of a particular Seaway Business Application (“Rules and Guidelines”) at the time you register for or use that service. The SOSA incorporates by reference the Rules and Guidelines of any application for which you have registered.
Revisions and Relation to Other Agreements or Disclosures
GLS and SLSMC reserve the right to amend the SOSA at any time by posting the amended terms and conditions on the Web site, and you agree to be bound by future amendments. It is your responsibility to visit the “Terms and Conditions” link at the bottom of the www.greatlakes-seaway.com home page periodically to review the most current terms and conditions. The amended terms and conditions shall be effective as of your next use of the site following their postings. GLS and SLSMC may also offer other services from time to time that are governed by different or additional terms and conditions. Seaway Business Applications are subject to any disclosures or disclaimers found within the applications.
Registration Information and Requirements, and Privacy
When you register for a Seaway Business Application, we may ask you to give us certain identifying information (“Registration”). You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from GLS and SLSMC for any purpose. We agree to treat with care the information you entrust to us, in accordance with the disclosures we give during the registration process and in our privacy statements.
For your protection and the protection of our other customers and Web site users, we ask you not to share your registration information (including passwords, user names, and screen names) with another person for the purpose of facilitating their access to and unauthorized use of Seaway Business Applications. You alone are responsible for all messages posted, statements made, or acts or omissions that occur within any Seaway Business Application through the use of your registration information.
Unauthorized Use of Your Registration
If you believe that someone has used your registration information for access to any Seaway Business Application without your authorization, please call us immediately at 450-672-4110, ext. 2379 or e-mail us firstname.lastname@example.org.
GLS’s and SLSMC’s Licence to You
GLS and SLSMC grant you a single, non-exclusive, non-transferrable and limited personal license for access and use of the Seaway Business Applications. This licence is conditional on continued compliance with the terms and conditions in the SOSA.
Your Licence to GLS and SLSMC
Unless otherwise indicated for a particular Seaway Business Application, any communications or material of any kind that you e-mail, post or otherwise transmit through the Seaway Business Applications, including data, questions, comments, or suggestions (your “communications”) will be treated as non-confidential and nonproprietary. You hereby grant a licence to GLS and SLSMC to reproduce, disclose, transmit, publish, broadcast, or post your communications either on the Seaway Web site or elsewhere with no liability or obligation to you. GLS and SLSMC are free to use any ideas, concepts, know-how, or techniques contained in your communications.
Notices, Communications, and Electronic Signatures
If you register for a Seaway Business Application, you are granting GLS and SLSMC permission to communicate with you by e-mail. You agree to accept all communications from us regarding use of the Seaway Business Applications at the address you provide during registration. Please promptly update any changes to your registration information by using the “Change” link on the Pre-Login page, available via the “Login” link on the home page. GLS and SLSMC are entitled to rely on the e-mail address and postal mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or postal mail address.
You agree to be bound by any affirmation, assent or agreement you transmit through the Seaway Business Applications by computer, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Use of Seaway Business Applications and Rules of Conduct
The following conditions apply to your use of any Seaway Business Applications:
- You shall not upload to, or distribute or otherwise publish through the Seaway Business Application any content which
- is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful
- violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret nor violate any right of privacy or publicity, or
- violates any applicable law.
- You shall not collect or store personal data about other users.
- You shall not use any Seaway Business Application for any commercial purpose not expressly approved by GLS and SLSMC in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including without limitation, junk mail, surveys, spam, chain letters, pyramid schemes, or any other form of solicitation or unauthorized communication.
- You shall not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Accuracy and Validity of Information
Although GLS and SLSMC will make a reasonable effort to ensure that the information it contributes to the Seaway Business Applications is timely and accurate, such information is provided solely for general illustration and instructional purposes. Any reliance on any statement, opinion, fact, advice, service or other information posted on the Seaway Business Applications is at the user’s sole risk.
Modifications to GLS and SLSMC Services
GLS and SLSMC reserve the right to modify or discontinue, temporarily or permanently, any business application (or any part thereof) with or without notice. You agree that GLS and SLSMC will not be liable to you or to any third party for any modification, suspension or discontinuance of a Seaway Business Application.
Use of Access Devices
With the exception of applications commonly known as Web browser software, or other applications formally approved by GLS and SLSMC in writing, you agree not to use any software, program, application or any other device to access or log on to our computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any information or any other content to or from SLSMC’s computer systems, Web site or proprietary software.
Security of Data Transmission and Storage
Electronic communications through the Seaway Business Applications may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic communications and personal data, may be accessed by unauthorized third parties when communicated between you and GLS and SLSMC or between you and other parties.
Monitoring by GLS and SLSMC
GLS and SLSMC may, at its discretion, monitor the Seaway Business Applications and the user’s use thereof to determine and ensure compliance with the SOSA and to protect itself and other users of the Seaway Business Applications from fraudulent, unlawful or abusive use of the Seaway Business Applications. GLS and SLSMC may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to protect the rights of GLS and SLSMC, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, or government request. GLS and SLSMC may also, at its discretion, review, edit, refuse to post, or remove any material or information submitted or transmitted to the Seaway Business Applications. GLS and SLSMC will not, however, intentionally intercept, monitor or disclose any private e-mail message unless required or permitted by law to do so, and GLS and SLSMC shall be under no obligation to monitor, review, screen, edit or otherwise control any information or material contributed by any third party.
Disclaimer of Warranties
EXCEPT IF AND AS EXPRESSLY PROVIDED ELSEWHERE IN THIS AGREEMENT, GLS AND SLSMC DO NOT ENDORSE OR WARRANT, AND ASSUMES NO RESPONSIBILITY WHATSOEVER FOR THE QUALITY TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY STATEMENT, OPINION, FACT, ADVICE, SERVICE OR OTHER INFORMATION POSTED ON THE SEAWAY BUSINESS APPLICATIONS, THE WEBSITE, OR OTHERWISE COMPRISED IN THE SEAWAY BUSINESS APPLICATIONS, THE WEBSITE SERVICES OR INFORMATION AVAILABLE THROUGH OR ON THE WEBSITE, THESE BEING PROVIDED BY SLSMC AND ACCEPTED BY USER “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING, THE PARTIES’ CONDUCT OR COMMUNICATIONS WITH ONE ANOTHER, OR OTHERWISE, AND INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. SLSMC AND GLS DO NOT WARRANT THAT THE SEAWAY BUSINESS APPLICATIONS, THE WEBSITE SERVICES OR INFORMATION OBTAINED THROUGH OR USING THE WEBSITE WILL MEET USER’S REQUIREMENTS, OR THAT THE SEAWAY BUSINESS APPLICATION, THE OPERATION OF THE WEBSITE SERVICES OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT IF AND AS EXPRESSLY PROVIDED ELSEWHERE IN THIS AGREEMENT, THE ENTIRE RISK AS TO THE TIMELINESS QUALITY, RELIABILITY, ACCURACY, COMPLETENESS, USEFULNESS AND PERFORMANCE OF THE SEAWAY BUSINESS APPLICATIONS, THE WEBSITE SERVICES OR INFORMATION AVAILABLE THROUGH OR ON THE WEBSITE IS SOLELY WITH USER.
Limitation of Liability
GLS’S AND SLSMC’S MAXIMUM AGGREGATE LIABILITY TO USER OR ANY OTHER PERSON, IN RELATION TO ANY SUBJECT MATTER RELATED TO, OR ARISING UNDER, OR RELATED TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION, FOR BREACH OF CONTRACT, STRICT LIABILITY, TORT INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY), SHALL BE LIMITED TO USER’S ACTUAL AND DIRECT DAMAGES BUT SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO SLSMC AND/OR GLS BY USER UNDER THIS AGREEMENT. IN NO EVENT WILL SLSMC AND GLS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, LOST BUSINESS REVENUE, LOST GOODWILL, LOST BUSINESS OPPORTUNITY, OR ANY OTHER SPECIAL AGGRAVATED, PUNITIVE, TREBLE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN RELATION TO ANY SUBJECT MATTER RELATED TO, OR ARISING UNDER OR RELATED TO, THIS AGREEMENT OR ANY INFORMATION, PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY SLSMC UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF SLSMC AND/OR GLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE SLSMC FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS.
Term and Termination
The licence granted under the SOSA will terminate if GLS and SLSMC believes that any information provided by you is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the SOSA and all rules and guidelines for each Seaway Business Application. Upon such violation, you agree to terminate access to the Seaway Business Applications. You agree that GLS and SLSMC, in their sole discretion and with or without notice, may terminate your access to any or all Seaway Business Applications, and remove and discard any information or content within a Seaway application.
After entering into this Agreement, you may terminate it by choosing the “Change” link on the Pre-Login page, which is available via the “Login” link on the home page. However, you shall remain responsible for all charges incurred up to the time the account is terminated, and you shall not be eligible to a refund for any unused portion of your current subscription term. We reserve the right to change the amount of any fee or charge for the service or to institute new fees or charges.
Governing Law and Jurisdiction
The Web site is operated by SLSMC from its office within the Province of Ontario.
You agree that this Agreement and your use of the Web site shall be governed in all respects by the internal substantive laws of the Province of Ontario, without regards to its conflict of laws provisions, and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the law of any other jurisdiction. You further submit to jurisdiction and venue in the provincial and federal courts located in the Province of Ontario, and further agree that any cause of action you may bring arising out of your use of the Web site or services shall be brought exclusively in the court located in the Province of Ontario. You must bring any action against SLSMC and GLS within one year of the date that any such claim arose.
These terms and conditions on applicable laws and jurisdiction applies whether you reside or transact business with GLS and/or SLSMC in Ontario or elsewhere.
Other General Provisions
If any provision of the SOSA is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This SOSA, and all writings incorporated by reference into it, set forth the entire understanding and agreement between us with respect to the subject matter of this agreement.
Click “I agree” for Your Signature
As noted above in the Consent to Electronic Records section, by clicking “I agree” you will be signing this Agreement with a binding electronic signature. To acknowledge that you have read and understood this Agreement’s terms and conditions, please type “YES” into the following box, and then click the “I agree” button to proceed with registering for an access account.
Type “YES” into the box to acknowledge that you have read this SOSA:
The above text is provided for reference purposes only. Users who wish to apply for an account to access the Business Applications should click Login and follow the instructions concerning registering for a new account.