Last updated: June 1, 2022
This is a legal agreement between you and the Traffic Control Program Digital Resource (“TCP GUIDE”) stating the terms and conditions that govern your access to and use of the TCP Guide available at tcpguide.bccsa.ca.
Please read this Agreement and the TCP Guide Privacy Policy. By using the TCP Guide, 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 Guide’s Privacy Policy, you must not access or use the TCP Guide.
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 Guide. 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 TCP Guide. These Terms of Use affect your legal rights and obligations.
The TCP TCP Guide provides the service primarily to, but not limited to, the BCCSA Traffic Control Program students, instructors, and staff to assist in administering the program.
ARTICLE 1 – SERVICES
1.1 Scope of License
Subject to these Terms of Use, and unless otherwise agreed to in writing, the TCP TCP Guide grants you a non-transferable, non-exclusive license to use the TCP Guide, worldwide, for your non-commercial use. If you access the TCP TCP Guide 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 Guide to assist you as a student, instructor, or staff of the TCP program. You agree not to exploit the TCP Guide in any way, including but not limited to, by trespass, or burdening network capacity, or using the TCP Guide for commercial use. Unless expressly permitted herein or otherwise permitted in a separate agreement with the TCP Guide, 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 Guide, in whole or in part.
Copyright, patent, and other intellectual property laws protect the TCP Guide and you agree to abide by and maintain all notices, license information, and restrictions contained therein. The TCP Guide 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 Guide. If you print, copy, or download any part of the TCP Guide in breach of these Terms of Use, your right to use the TCP Guide will cease immediately and you must, in the TCP Guide 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 Guide or any of the content on the TCP Guide domain, and all rights not expressly granted are reserved by the TCP Guide. Any use of the TCP Guide 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 Guide
The TCP Guide reserves the right to modify or remove all or any part of the service at the TCP Guide’s sole discretion without notice. The TCP Guide will not be liable if for any reason all or any part of the TCP Guide are unavailable at any time or for any period.
1.3 Linking to the TCP Guide
You may link to the TCP Guide homepage, provided you do so in a way that is fair and legal and does not damage the TCP Guide’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 Guide’s part where none exists. The TCP Guide must not be framed on any other website, nor may you create a link to any part of the TCP Guide other than the homepage. The TCP Guide 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 Guide in causing any unauthorized framing or linking to immediately stop.
ARTICLE 2 – USER OBLIGATIONS
2.1 Accounts
To access and use any of the TCP Guide 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 Guide 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 Guide. 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 Guide, including content or pages of the TCP Guide, may require user registration. It is a condition of your use of the TCP Guide that all the information you provide on the TCP Guide is correct, current, and complete.
2.2 Restricted Use
As a condition of your access and use of the TCP Guide, you agree that you may use the TCP Guide 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 Guide or servers or networks connected to the TCP Guide, 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 Guide's ability to monitor the TCP Guide;
(f) you will not use any robot, spider, or other automatic device, process, or means to access any of the TCP Guide for any purpose, including monitoring or copying any of the material on the TCP Guide;
(g) you will not attack any of the TCP Guide 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 Guide (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 Guide for any illegal or unauthorized purpose; and
(j) you will not otherwise attempt to interfere with the proper working of any of the TCP Guide.
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 Guide, including but not limited to, copyright laws
2.3 Use of the TCP Guide Trademarks
You agree not to use any of the marks “TCP Guide” and “Traffic Control Program Guide”, or any related names, logos, product and service names, designs, slogans, or any other marks belonging or licensed to the TCP Guide (collectively, the “TCP Guide”) in whole or in part in any way except as expressly authorized in writing by the TCP Guide in each instance. You agree that all goodwill arising out of your authorized use of the TCP Guide Marks shall inure to the benefit of and belong to the TCP Guide.
ARTICLE 3 – USER SUBMISSIONS
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 Guide or to other users or other persons (collectively, “User Submissions”), and any submissions you make to the TCP Guide through any functionality such as the TCP Guide, 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 Guide 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 Guide 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 Guide, a TCP Guide team member, another user of the TCP Guide, 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 Guide, TCP Guide team member, or another user of the TCP Guide.
(f) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the TCP Guide, or which, as determined by the TCP Guide, may harm the TCP Guide or users of the TCP Guide, 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 Guide or any other person or entity, if this is not the case.
You understand and agree that you, not the TCP Guide, 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 Guide.
3.2 Grant of License
None of the User Submissions you submit to the TCP Guide will be subject to any confidentiality by the TCP Guide. By providing any User Submission to the TCP Guide, you grant the TCP Guide and its affiliates and service providers, and each of their and the TCP Guide’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 Guide and its affiliates and service providers, and each of their and the TCP Guide’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 Guide 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 Guide. 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 Guide Website.
(d) Terminate or suspend your access to all or part of the TCP Guide for any or no reason, including without limitation, any violation of these Terms of Use.
You waive and hold harmless the TCP Guide and its affiliates, licensees, and service providers from any and all claims resulting from any action taken by the TCP Guide and any of the foregoing parties relating to any investigations by either the TCP Guide or such parties or by law enforcement authorities. We have no obligation, or any responsibility to any party to monitor the TCP Guide Website or use, and do not and cannot undertake to review material that you or other users submit to the TCP Guide 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 Guide constitutes consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such submissions in compliance with the TCP Guide’s Privacy Policy, as the TCP Guide deems necessary for use of the TCP Guide.
ARTICLE 4 – PRIVACY
4.1 Privacy
To use the TCP Guide, the TCP Guide 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 Guide’s Privacy Policy, the TCP Guide will not share this information with third parties unless such disclosure is necessary (as determined in the TCP Guide’s sole discretion) to comply with a court order or other legal process, protect the rights, property, and/or safety of the TCP Guide or any third party, or to enforce the terms of these Terms of Use. The TCP Guide may track the following categories of information when you access any of the TCP Guide: IP address, domain servers, type of computer or device used to access any of the TCP Guide, type of web browsers, pages visited, projects downloaded or uploaded, information about transactions carried out using the TCP Guide, and any other information that you send to the TCP Guide. Such information is used for marketing purposes and to compile aggregate data about website and website interaction so that the TCP Guide can enhance the TCP Guide Services and/or to administer the TCP Guide and enable your access to and use of the TCP Guide. The TCP Guide also uses cookies when you access the TCP Guide to help the TCP Guide remember your preferences and gather information to optimize performance and improve customer experiences. Information that the TCP Guide collects may be stored and processed in and transferred between any of the countries in which the TCP Guide 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.
ARTICLE 5 – TERM
5.1 Term and Termination
The TCP Guide may terminate or suspend your account at the TCP Guide’s sole discretion at any time, for any reason at all, or for no reason. If your account is terminated or suspended, the TCP Guide reserves the right to deny your reapplication at any time in the TCP Guide’s sole discretion.
5.2 Effects of Termination
If the TCP Guide terminates or suspends your account, the following sections of these Terms of Use will survive: Article 3, Article 6, and Article 7.
ARTICLE 6 – WARRANTIES
6.1 Disclaimer of Warranties; Liability Limitation
The TCP Guide and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors (collectively, “TCP Guide” for the purposes of this Section 6.1 and the following Sections 6.2 and 6.3) do not promise that the TCP Guide, or the information or materials that you receive as a user of any of the TCP Guide (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 Guide 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 Guide) will be free of viruses, contamination, or destructive features. Further, the TCP Guide does not guarantee any results or identification or correction of problems as part of the Deliverables and the TCP Guide disclaims any liability related thereto. The TCP Guide takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. The TCP Guide makes no representations or warranties as to the interoperability of any of the TCP Guide with any network or servers. You acknowledge that the TCP Guide 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 Guide 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 Guide. The TCP Guide 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 Guide. The TCP Guide disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. The TCP Guide 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 Guide may make improvements and/or changes in any of the TCP Guide 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 Guide for dissatisfaction with the Deliverables is to stop using the Deliverables. The TCP Guide and any information produced through the use of the TCP Guide are in no way meant to replace professional advice. The TCP Guide is not a replacement for professional advice where circumstances warrant such testing and should not be construed as providing legal or other advice regarding any legal or other requirements relating to health and safety 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 Guide makes any pre-release or other products, services, or information related thereto available to you as a registered user of any of the TCP Guide, you understand that the TCP Guide is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or service changes that the TCP Guide may make, or to publicly announce or introduce the products or services at any time in the future. The TCP Guide shall use reasonable efforts to protect information submitted by you in connection with the TCP Guide, but you agree that your submission of such information is at your sole risk, and you hereby release the TCP Guide from any and all liability to you for any loss or liability relating to such information in any way.
The TCP Guide 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 Guide. Such content does not necessarily reflect the opinion of the TCP Guide. The TCP Guide 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 Guide 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 Guide has been advised or is aware of the possibility of such damages. If, notwithstanding any other provisions of these Terms of Use, the TCP Guide 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 Guide’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 Guide 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 Guide 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 Guide 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 Guide in such defense.
ARTICLE 7 – MISCELLANEOUS
7.1 Changes of Terms
The TCP Guide 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 Guide 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 Guide Website. If you choose to access any such websites, you do so at your own risk. The TCP Guide 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 British Columbia 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 British Columbia 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 Guide 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 Guide 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 Guide must be sent to BCCSA TCP Program, 400-625 Agnes Street, New Westminster, British Columbia, Canada, V3M 5Y4 or tcp@bccsa.ca 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 Guide, including libelous or defamatory conduct, you must report it to the BCCSA TCP Program.
All other feedback, comments, requests for technical support, and other communications relating to the TCP Guide should be directed to the BCCSA TCP Program.
Contact the BCCSA TCP Program by e-mail TCP@bccsa.ca or phone (604) 636-3691
