Terms of Use

Please read all the terms and conditions of this agreement with TruCon Resource Equipment Management Inc. (“TruConREM”) carefully. By clicking “I agree”, by using the TruConREM service, or by signing a document that refers to these terms you agree to be bound by the terms and conditions of this agreement, even if you have not read them. It is important to read this entire agreement. In particular, it contains provisions that may limit your rights, such as the section entitled Limitations.

Intellectual Property

Copyright © 2020 TruCon Resource Equipment Management Inc.  All rights reserved. The contents of the TruConREM website and applications (collectively the “Service(s)”) are owned by and copyrighted by TruConREM and may contain trademarks of TruConREM and others.  You may print, copy or save portions for your own use only – provided that all copyright and trademark provisions remain intact.

Unauthorized use of any portion beyond that contained in the previous paragraph may violate copyright, trademark and other laws.

While TruConREM uses reasonable efforts to maintain the Services in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on the Service, and may make changes thereto at any time in its sole discretion without notice.  All information contained herein is provided to users “as is”, “with all faults,” “as available” and at your sole risk.

How TruConREM Works

TruConREM facilitates the connection of those having available resources such as trucks, equipment, and operators with those in need of such resources. Trucks and equipment must be provided with operators.

To use the Services, users must create a TruConREM ID. Those offering resources can post availability and terms. Those wanting to hire resources may post their needs. Those wanting to hire resources will communicate with the offering party using the Service. TruConREM may impose a time window in which to accept an offer to hire.

If either party to a transaction needs to reschedule or cancel, that party must notify the other as soon as possible.

Payment for services is done directly between TruConREM users.  TruConREM does not charge any commissions for such payments.

Subscription fees must be paid to TruConREM for the use of the Service.  Fees may vary by use levels or other metrics, and TruConREM may from time to time offer free trials that may be limited by time or use.

TruConREM does not qualify or rate its users in any way. If TruConREM adds a qualification or rating system in the future TruConREM’s responsibility for it will be limited within the terms of that system. TruConREM does not involve itself in the payment process between users. TruConREM may, however, refuse in its absolute discretion to provide services to users that TruConREM has reason to believe are breaching these terms, is unreliable, provides substandard services, or does not pay in a timely manner.

User Responsibilities

Users offering resources are expected to have industry standard insurance and workplace safety coverage, and to prove that to those hiring them through the Services.

Users are expected to provide their services in a safe, industry standard way.

Users hiring resources must satisfy themselves that the resource providers have appropriate insurance and workplace safety coverage.

Billing, payment, and collection are the responsibility of the Users. Users are encouraged to pay within 30 days of invoice.

Users are responsible for all activity they conduct while using the Service. Users will not use the Services for purposes proscribed by TruConREM from time to time, including without limitation: illegal or inappropriate purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person’s use and enjoyment of the Services. If you are posting information on publicly accessible areas of the Services, keep in mind that anyone can see it.

TruConREM does not routinely monitor all material placed on the Service, but may in its discretion delete or modify any material offending this agreement that comes to its attention. TruConREM is not responsible for and does not endorse anything users post on the Service.

TruConREM acquires no ownership interest in anything users post on the Service. You grant to TruConREM a license to use and display for the purposes of the Service, and any related uses or promotion, anything you post on publicly accessible areas of the Service at no cost to TruConREM.

Infringing Content

If you believe that anything posted on the Service offends your copyright or other intellectual property rights, is defamatory, or otherwise infringes your rights, you may email TruConREM at the email address at the bottom hereof. We will take actions we believe are appropriate in the circumstances.

Login ID’s and Passwords

Use of the Services requires a login ID and password. It is your responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep login ID’s and passwords confidential.  You may not use a login ID that suggests you are someone you are not.  You are responsible for any activity that occurs under your login ID.  You will advise TruConREM immediately if you discover any compromise of your passwords or suspect unauthorized use of the Service using your identity.

Limitations

TruConREM has no responsibility of any kind for the services, actions, or inactions of users other than as explicitly stated in this agreement.  All promises made by TruConREM are contained in this agreement.  No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.

You cannot collect any damages from TruConREM for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or exceed the service fee TruConREM charged for the services in question.

TruConREM is not acting as any kind of guarantor or warranty provider for any services performed by users.  TruConREM relies on these limitations when entering this agreement and setting its fees.  They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.

Governing Law

This Service is governed by the laws of the Province of Ontario excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods.  Any legal action against TruConREM shall take place in the courts of Ontario.  The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.

User Content and Links

Any user content on this Service and any third-party sites that are linked to this Service are not under TruConREM’s control.  TruConREM is not responsible for any user content on this Service or anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have.  TruConREM provides user content and links as a convenience only and such links do not imply any endorsement by TruConREM of that content or sites. 

Privacy

Sale Details

TruConREM tries to provide accurate information on this Service, but errors may occur.  TruConREM and users reserve the right to change their services available through the Services and their prices without any notice or liability.  TruConREM cannot guarantee services advertised on the Service will be available when ordered or thereafter.

Nothing placed on the Service by a user is an offer to sell.  A user’s request to another user forms an offer which the other party may accept.  Users may reject, correct, cancel or terminate offers or information listed on the Service for any reason whatsoever.

Users will be bound by sale terms agreed to amongst themselves.

Changing These Terms or Termination

TruConREM may change these terms by posting notice on the Services.  These terms were last revised on January 29, 2020.

TruConREM may terminate use of the Services for any user that violates this agreement.

Force Majeure

TruConREM is not liable for any failure to perform, omission, or delay in the execution of their obligations hereunder caused by an event beyond its reasonable control or changes in legal regulation.  TruConREM may extend the time for performance by a reasonable time if an extension is feasible in their discretion.

Securities

Nothing on this Service is intended to be an offering for sale of TruConREM securities to the public.

Contact TruConREM

TruConREM may be contacted at: