Last updated: 23 December 2021
This is a legal agreement between you and the Traffic Control Program Gateway (“TCP GATEWAY”) stating the terms and conditions that govern your access to and use of the TCP Gateway available at tcp.bccsa.ca.
Please read this Agreement and the TCP Gateway Privacy Policy before proceeding to create your account or signing in to your account. By creating an account and signing in, you will be certifying that you have read and understand the Terms of Use and Privacy Policy, and agree to be bound by both. If you do not agree to these terms and conditions or the provisions in the TCP Gateway’s Privacy Policy, you must not access or use the TCP Gateway.
In these Terms of Use, the term “you”, “your”, or other like terms mean the party agreeing to these Terms of Use and to any person or entity who uses the TCP Gateway. Accordingly, the person agreeing to these Terms of Use represents and warrants for himself or herself that he or she is duly authorised on his or her own behalf to enter into these Terms of Use and to comply with these Terms of Use. If you are agreeing to these Terms of Use for use by an organization, you are agreeing to these Terms of Use on behalf of that organization. You must have the authority to bind that organization to these Terms of Use, otherwise you must not access or use any of the TCP Gateway. These Terms of Use affect your legal rights and obligations.
The TCP Gateway provides the service primarily to, but not limited to, the BCCSA Traffic Control Program students, instructors, and staff to assist in administering the program.
1.1 Scope of License
Subject to these Terms of Use, and unless otherwise agreed to in writing, the TCP Gateway grants you a non-transferable, non-exclusive license to use the TCP Gateway, worldwide, for your non-commercial use. If you access the TCP Gateway from outside of Canada, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. You may only use the TCP Gateway to assist you as a student, instructor, or staff of the TCP program. You agree not to exploit the TCP Gateway in any way, including but not limited to, by trespass, or burdening network capacity, or using the TCP Gateway for commercial use. Unless expressly permitted herein or otherwise permitted in a separate agreement with the TCP Gateway, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, redistribute, perform, display, or in any way exploit any of the TCP Gateway, in whole or in part.
Copyright, patent, and other intellectual property laws protect the TCP Gateway and you agree to abide by and maintain all notices, license information, and restrictions contained therein. The TCP Gateway retains ownership of all its rights in the service, and except as expressly set forth herein, no other rights or licenses are granted or to be implied in respect of any intellectual property owned by the TCP Gateway. If you print, copy, or download any part of the TCP Gateway in breach of these Terms of Use, your right to use the TCP Gateway will cease immediately and you must, in the TCP Gateway sole discretion, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the TCP Gateway or any of the content on the TCP Gateway domain, and all rights not expressly granted are reserved by the TCP Gateway. Any use of the TCP Gateway not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other intellectual property laws.
1.2 Accessing the TCP Gateway
The TCP Gateway reserves the right to modify or remove all or any part of the service at the TCP Gateway’s sole discretion without notice. The TCP Gateway will not be liable if for any reason all or any part of the TCP Gateway are unavailable at any time or for any period.
1.3 Linking to the TCP Gateway
You may link to the TCP Gateway homepage, provided you do so in a way that is fair and legal and does not damage the TCP Gateway’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the TCP Gateway’s part where none exists. The TCP Gateway must not be framed on any other website, nor may you create a link to any part of the TCP Gateway other than the homepage. The TCP Gateway reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Terms of Use. You agree to cooperate with the TCP Gateway in causing any unauthorized framing or linking to immediately stop.
2.1 Accounts
To access and use any of the TCP Gateway you may need to register for a user account. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are duly authorized to enter into these Terms of Use and to comply with these Terms of Use. If you are agreeing to these Terms of Use for use of any of the TCP Gateway by an organization, you are agreeing to these Terms of Use on behalf of that organization. You must have the authority to bind that organization to these Terms of Use, otherwise you must not access or use the TCP Gateway. You are responsible for keeping the credentials you create confidential and secure. You acknowledge that your account is personal to you and agree not to provide any other person with access to your account. You are responsible for any activity that occurs through your account. The TCP Gateway, including content or pages of the TCP Gateway, may require user registration. It is a condition of your use of the TCP Gateway that all the information you provide on the TCP Gateway is correct, current, and complete.
2.2 Restricted Use
As a condition of your access and use of the TCP Gateway, you agree that you may use the TCP Gateway only for lawful purposes and in accordance with these Terms of Use. You agree that:
(a) you will not access content or data that is not intended for you;
(b) you will not attempt to breach or breach the security and/or authentication measures which are not authorized;
(c) you will not interfere or disrupt all or part of any of the TCP Gateway or servers or networks connected to the TCP Gateway, including by introducing or transmitting any viruses, Trojan horses, worms, logic bombs, spyware, malware, or other code or material of a destructive or disruptive nature
(d) you will not illicitly reproduce Transmission Control Protocol (TCP)/Internet Protocol (IP) packet header;
(e) you will not disrupt network services and otherwise disrupt the TCP Gateway's ability to monitor the TCP Gateway;
(f) you will not use any robot, spider, or other automatic device, process, or means to access any of the TCP Gateway for any purpose, including monitoring or copying any of the material on the TCP Gateway;
(g) you will not attack any of the TCP Gateway via a denial-of-service attack, distributed denial-of-service attack, flooding, mail bombing or crashing;
(h) you will not decompile, disassemble, or attempt to derive the source code of any software or security components of any of the TCP Gateway (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by any licensing terms accompanying these Terms of Use);
(i) you will not use any of the TCP Gateway for any illegal or unauthorized purpose; and
(j) you will not otherwise attempt to interfere with the proper working of any of the TCP Gateway.
You agree to comply with all laws, rules, and regulations (for example, federal, provincial, and local) applicable to your use of any of the TCP Gateway, including but not limited to, copyright laws
2.3 Use of the TCP Gateway Trademarks
You agree not to use any of the marks “TCP Gateway” and “Traffic Control Program Gateway”, or any related names, logos, product and service names, designs, slogans, or any other marks belonging or licensed to the TCP Gateway (collectively, the “TCP Gateway”) in whole or in part in any way except as expressly authorized in writing by the TCP Gateway in each instance. You agree that all goodwill arising out of your authorized use of the TCP Gateway Marks shall inure to the benefit of and belong to the TCP Gateway.
3.1 User Submissions
The following content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit to the TCP Gateway or to other users or other persons (collectively, “User Submissions”), and any submissions you make to the TCP Gateway through any functionality such as the TCP Gateway, other applications, chat rooms, e-mail, message boards, personal or interest group webpages, profiles, forums, bulletin boards, and other such functions (collectively “Interactive Functions”). Without limiting the foregoing, you warrant and agree that your use of the TCP Gateway and any User Submissions and Interactive Functions shall not:
(a) in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the TCP Gateway Privacy Policy.
(b) involve, provide, or contribute any false, inaccurate, or misleading information.
(c) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms of Use.
(d) impersonate or attempt to impersonate TCP Gateway, a TCP Gateway team member, another user of the TCP Gateway, or any other person or entity (including, without limitation, by using e-mail addresses, or screen names associated with any of the foregoing).
(e) transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation to TCP Gateway, TCP Gateway team member, or another user of the TCP Gateway.
(f) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the TCP Gateway, or which, as determined by the TCP Gateway, may harm the TCP Gateway or users of the TCP Gateway, or expose them to liability.
(g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(h) promote any illegal activity, or advocate, promote, or assist any unlawful act.
(i) give the impression that your User Submissions and/or Interactive Functions originate from or are endorsed by the TCP Gateway or any other person or entity, if this is not the case.
You understand and agree that you, not the TCP Gateway, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the TCP Gateway.
3.2 Grant of License
None of the User Submissions you submit to the TCP Gateway will be subject to any confidentiality by the TCP Gateway. By providing any User Submission to the TCP Gateway, you grant the TCP Gateway and its affiliates and service providers, and each of their and the TCP Gateway’s respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium, or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission. By submitting any User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to the TCP Gateway and its affiliates and service providers, and each of their and the TCP Gateway’s respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and these Terms of Use.
3.3 Monitoring, Enforcement, Suspension, and Termination
The TCP Gateway has the right, without provision of notice to:
(a) remove any User Submissions for any or no reason in its sole discretion.
(b) At all times, to take such actions with respect to any User Submissions deemed necessary or appropriate in its sole discretion, including without limitation, for violating these Terms of Use.
(c) Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority, or harmed party for any illegal or unauthorized use of the TCP Gateway. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the TCP Gateway Website.
(d) Terminate or suspend your access to all or part of the TCP Gateway for any or no reason, including without limitation, any violation of these Terms of Use.
You waive and hold harmless the TCP Gateway and its affiliates, licensees, and service providers from any and all claims resulting from any action taken by the TCP Gateway and any of the foregoing parties relating to any investigations by either the TCP Gateway or such parties or by law enforcement authorities. We have no obligation, or any responsibility to any party to monitor the TCP Gateway Website or use, and do not and cannot undertake to review material that you or other users submit to the TCP Gateway Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
3.4 Privacy
Your User Submissions and use of the TCP Gateway constitutes consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such submissions in compliance with the TCP Gateway’s Privacy Policy, as the TCP Gateway deems necessary for use of the TCP Gateway.
4.1 Privacy
To register for a user account and/or use the TCP Gateway, the TCP Gateway may collect certain contact information such as your first and last name, your email address, your telephone number, and your billing information. Pursuant the TCP Gateway’s Privacy Policy, the TCP Gateway will not share this information with third parties unless such disclosure is necessary (as determined in the TCP Gateway’s sole discretion) to comply with a court order or other legal process, protect the rights, property, and/or safety of the TCP Gateway or any third party, or to enforce the terms of these Terms of Use. The TCP Gateway may track the following categories of information when you access any of the TCP Gateway: IP address, domain servers, type of computer or device used to access any of the TCP Gateway, type of web browsers, pages visited, projects downloaded or uploaded, information about transactions carried out using the TCP Gateway, and any other information that you send to the TCP Gateway. Such information is used for marketing purposes and to compile aggregate data about website and website interaction so that the TCP Gateway can enhance the TCP Gateway Services and/or to administer the TCP Gateway and enable your access to and use of the TCP Gateway. The TCP Gateway also uses cookies when you access the TCP Gateway to help the TCP Gateway remember your preferences and gather information to optimize performance and improve customer experiences. Information that the TCP Gateway collects may be stored and processed in and transferred between any of the countries in which the TCP Gateway operates to enable the use of the information in accordance with these Terms of Use. You agree to such cross-border transfers of personal and third party information.
5.1 Term and Termination
The TCP Gateway may terminate or suspend your account at the TCP Gateway’s sole discretion at any time, for any reason at all, or for no reason. If your account is terminated or suspended, the TCP Gateway reserves the right to deny your reapplication at any time in the TCP Gateway’s sole discretion.
5.2 Effects of Termination
If the TCP Gateway terminates or suspends your account, the following sections of these Terms of Use will survive: Article 3, Article 6, and Article 7.
6.1 Disclaimer of Warranties; Liability Limitation
The TCP Gateway and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors (collectively, “TCP Gateway” for the purposes of this Section 6.1 and the following Sections 6.2 and 6.3) do not promise that the TCP Gateway, or the information or materials that you receive as a user of any of the TCP Gateway (all of the foregoing, collectively, the “Deliverables” for purposes of this Section 6.1 and the following Section 6.2) will be accurate, reliable, timely, secure, error-free, or uninterrupted, or that any defects will be corrected. The Deliverables are provided on an “as-is” and “as-available” basis and the Deliverables are subject to change without notice. The TCP Gateway cannot ensure that any of the content (including files, reports, information, or other data that you access, purchase, or download from or through any of the TCP Gateway) will be free of viruses, contamination, or destructive features. Further, the TCP Gateway does not guarantee any results or identification or correction of problems as part of the Deliverables and the TCP Gateway disclaims any liability related thereto. The TCP Gateway takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. The TCP Gateway makes no representations or warranties as to the interoperability of any of the TCP Gateway with any network or servers. You acknowledge that the TCP Gateway shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of any of the TCP Gateway to properly operate with your network or servers, or from any errors occurring on your networks or servers as a result of your use of any of the TCP Gateway. The TCP Gateway makes no representations about the suitability, reliability, availability, timeliness, or accuracy of any networks or communications lines or functioning of any mobile phone or device necessary to use any of the TCP Gateway. The TCP Gateway disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. The TCP Gateway disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Deliverables. You acknowledge and agree that the TCP Gateway may make improvements and/or changes in any of the TCP Gateway at any time without notice or liability to you. You assume total responsibility and all risks for your use of the Deliverables, including, but not limited to, any information obtained thereon. Your sole remedy against the TCP Gateway for dissatisfaction with the Deliverables is to stop using the Deliverables. The TCP Gateway and any information produced through the use of any of the TCP Gateway are in no way meant to replace professional advice relating to measuring, controlling and ensuring that workers’ exposures are within safe and legally mandated limits. The TCP Gateway are not a replacement for air monitoring tests where circumstances warrant such testing and should not be construed as providing legal or other advice regarding any legal or other requirements relating to RCS dust exposures or otherwise, including in the user’s particular circumstances. This limitation of relief is a part of the bargain between the parties. To the extent that the TCP Gateway makes any pre-release or other products, services, or information related thereto available to you as a registered user of any of the TCP Gateway, you understand that the TCP Gateway is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or service changes that the TCP Gateway may make, or to publicly announce or introduce the products or services at any time in the future. The TCP Gateway shall use reasonable efforts to protect information submitted by you in connection with the TCP Gateway, but you agree that your submission of such information is at your sole risk, and you hereby release the TCP Gateway from any and all liability to you for any loss or liability relating to such information in any way.
The TCP Gateway may include content provided by third parties, including from other users. All statements and/or opinions expressed in any such third party content, other than the content provided by the TCP Gateway. Such content does not necessarily reflect the opinion of the TCP Gateway. The TCP Gateway is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.
To the extent not prohibited by law, under no circumstances shall the TCP Gateway be liable for damages of any kind arising out of or in connection with your use, or inability to use, the Deliverables including any direct, indirect, special, incidental, or consequential damages, including without limitation, damages resulting from personal injury, property damage, wrongful death, pain and suffering, emotional distress, delay of delivery, or from loss of profits, data, business, or goodwill, on any theory of liability, whether arising under tort (including negligence), contract, or otherwise, whether or not the TCP Gateway has been advised or is aware of the possibility of such damages. If, notwithstanding any other provisions of these Terms of Use, the TCP Gateway is found to be liable to you for any damage or loss that arises out of or is in any way connected to your use of the Deliverables, the TCP Gateway’s entire liability for direct damages under these Terms of Use shall be limited to fifty dollars ($50.00).
6.2 Indemnification
You agree to defend, indemnify, and hold harmless the TCP Gateway from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) the use of any of the TCP Gateway by you or anyone using your account; or (b) the breach of these Terms of Use by you or anyone using your account. The TCP Gateway reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with the TCP Gateway in such defense.
7.1 Changes of Terms
The TCP Gateway reserves the right to revise these Terms of Use at any time in its sole discretion. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of any of the BCCSA Services. You agree to periodically review the Terms of Use in order to be aware of any such amendments and your continued use shall be your acceptance of these amendments.
7.2 Third Party Websites
The TCP Gateway Website may contain links and/or pointers to third party websites. We make no representations about any third party websites that may be accessed from the TCP Gateway Website. If you choose to access any such websites, you do so at your own risk. The TCP Gateway has no control over the content of any third party websites and accepts no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party websites.
7.3 Governing Law and Jurisdiction
These Terms of Use will be governed by, construed, and enforced in accordance with the laws of the Province of ARHCA and the federal laws of Canada applicable therein, without regard to its conflict of laws provision. Any action or proceeding arising out of or relating these Terms of Use will be instituted in the courts of the province of ARHCA and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
7.4 Waiver
No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver of any default is not a waiver of any subsequent default.
7.5 Severability
If any provision of these Terms of Use is held invalid, illegal, or unenforceable, the remaining provisions of these Terms of Use will continue to be in full force and effect. The invalid, illegal, or unenforceable provision will be replaced with a provision that is valid, legal, and enforceable and that is closest to the parties’ intention underlying the invalid, illegal, or unenforceable provision.
7.6 Entire Agreement
These Terms of Use constituted the entire agreement between you and the TCP Gateway regarding the subject matter contained in these Terms of Use and supersedes all prior communications, negotiations, understandings, agreements, or representations, either written or oral, between you and the TCP Gateway with respect to such subject matter.
7.7 Notices
All notices and other communications under these Terms of Use will be made in writing. Notices to the TCP Gateway must be sent to 400-625 Agnes Street, New Westminster, British Columbia, Canada, V3M 5Y4 or [email protected] and are deemed given when received. Notices to you may be sent to the applicable account email address and are deemed given when sent.
Should you become aware of misuse of the TCP Gateway, including libelous or defamatory conduct, you must report it to the TCP Gateway.
All other feedback, comments, requests for technical support, and other communications relating to the TCP Gateway should be directed to the TCP Gateway.
