Terms of Use

Please read these terms and conditions of use ("Terms of Use") in detail. By accessing or using our website and services, you agree to be bound by the terms and conditions of these Terms of Use, Terms of Service, and all terms incorporated into these Terms of Use by reference.

Please review the following terms carefully. By using the Site or any Stallion Express services (“Service”), you are agreeing to these terms, which govern your use of the Site and our Services. If you do not agree to these terms, you must stop using our Site and our Services. In addition, please refer to our Privacy Policy for information on how Stallion Express collects, uses and discloses personally identifiable information from its users on the Site.

The term “you” (“your”, “yourself”, “User”) refers to the person accessing or using the Site or our Service, or the company or organization on whose behalf that person accesses the Site or our Services.

These Terms of Use apply to your access to, and use of, the website and services of Stallion Express Express, Inc. ("Stallion Express"), located at www.stallionexpress.ca (the "Site", "Stallion Express").

You represent and warrant that you are authorized to accept these Terms of Use on behalf of yourself (and any other person or entity that uses your account), and that you and such entity agree to indemnify Stallion Express for violations of these Terms of Use.
These Terms of Use exempt Stallion Express and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of our Service.

While we always like to be available for you, the Internet is inherently unreliable so your access to and use of the Site may be interrupted, slow, or even inaccessible at times. Stallion Express also needs time to update the Site, and while Stallion Express tries to do this during slow periods, Stallion Express cannot always wait or schedule downtime that way. These basic terms apply to your use of Stallion Express. Stallion Express will terminate your account if you violate any of these terms:

Stallion Express reserves the right to change or modify any of the terms and conditions in these Terms of Use or any policy or guideline of the Site and Service, at any time and in its sole discretion.

Any changes or modifications to these Terms of Use will be effective immediately upon posting on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the changed or modified terms, you must stop using the Site.

Stallion Express, the Stallion Express logos and any other product or service name or slogan contained in the Site or the Site Materials are trademarks of Stallion Express, or its suppliers or licensors, and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Stallion Express or the applicable trademark holder.

You may not use any meta-tags or any other "hidden text" utilizing "Stallion Express" or any other name, trademark or product or service name of Stallion Express without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service Stallion Express, trademark and/or trade dress of Stallion Express and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Stallion Express.

All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Stallion Express.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Stallion Express or any of its associates or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

You may not use any Stallion Express logo or other proprietary graphic of Stallion Express to link to this Site without the express written permission by Stallion Express.

Further, you may not use, frame or utilize framing techniques to enclose any Stallion Express trademark, logo or other proprietary information, including, without limitation, the Site materials, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Stallion Express's express written consent.

Except as noted above, you have no right or licence by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Stallion Express or any third party.

Stallion Express makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under the control of Stallion Express and Stallion Express is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.

Stallion Express provides these links to you only as a convenience, and the inclusion of any link does not imply control, endorsement or adoption by Stallion Express of any site or any information contained therein.

When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Stallion Express.

Stallion Express may provide third party content on the Site and may provide links to Web pages and content of third parties including but not limited to merchants and suppliers (collectively the "Third Party Content"). Stallion Express does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation, any representation or warranty regarding the accuracy or completeness of any Third Party Content. You acknowledge and agree that Stallion Express is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

Advertisements and Promotions; Third-Party Products and Services
Stallion Express may run advertisements and promotions from third parties, including but not limited to merchants and suppliers, on the Site or may otherwise provide information about or links to third-party products or services on the Site including but not limited to merchants and suppliers. Your purchases from or correspondence with, or participation in promotions of, such third parties, including but not limited to merchants and suppliers, and any terms, conditions, warranties or representations associated with such purchases, correspondence, participation or other dealings, are solely between you and such third party, including but not limited to merchants and suppliers.

Stallion Express is not responsible or liable for any loss or damage of any sort incurred as the result of any such purchases, correspondence, participation or other dealings or as the result of the presence of such non-Stallion Express advertisers or third party information on the Site.

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Stallion Express or Stallion Express' products or services that are provided by you in the form of email or other submissions to Stallion Express, or any postings on the Site ("Feedback"), are non-confidential and shall become the sole property of Stallion Express. You hereby assign unconditionally and irrevocably that Stallion Express shall own exclusive rights in and to all Feedback, including all intellectual property rights arising now and in the future anywhere in the world therein, and shall be entitled to the unrestricted use, dissemination and commercial exploitation of Feedback for any purpose, commercial or otherwise, without further acknowledgment, permission or compensation to you. As between you and Stallion Express, including Stallion Express' subsidiaries or affiliates, you hereby irrevocably waive any moral rights you might otherwise have or retain in any Feedback arising now and in the future anywhere in the world.

The Site may include interactive areas or services ("Interactive Areas"), such as forums, chat rooms or message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law, including, without limitation, any securities laws or regulations or any rules of a securities exchange; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have all the rights necessary to distribute and reproduce such User Content; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of Stallion Express, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Stallion Express or its users to any harm or liability of any type, or creates or imposes an inappropriate load on the systems of the Site or Stallion Express. Stallion Express takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party on, in or to the Site, or for any loss or damage arising therefrom, nor is Stallion Express liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YOUR USE OF INTERACTIVE AREAS IS AT YOUR OWN RISK.

Enforcement of the User Content or these Terms of Use is solely at Stallion Express's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, Stallion Express is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.

Although Stallion Express has no obligation to screen, edit or monitor any User Content posted in any Interactive Area, Stallion Express reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

If you post User Content to the Site, unless Stallion Express indicates otherwise, you grant Stallion Express and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Stallion Express and its affiliates and sub-licencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post (including, without limitation, the right to grant the licences granted to Stallion Express herein); (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any other individual or entity.

Unless otherwise indicated on the Site, the Site, Service and all content and other materials on the Site, including, without limitation, all Stallion Express names and logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the exclusive property of Stallion Express or its licensors and are protected by Canadian, U.S. and international copyright laws.

You are granted a limited, non-sublicensable licence to access and use the Site for your informational and personal use only in accordance with these Terms of Use. Such licence is subject to these Terms of Use and does not include any right or licence to:

Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.

Except for the limited licence granted in this Section, nothing in these Terms of Use or elsewhere on the Site shall be construed as conferring any licence to any Site Materials, or any intellectual property rights therein, whether by estoppel, implication or otherwise. This licence is revocable at any time by Stallion Express.

If you believe that any Site Materials or other content on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with us below:

E-Mail Address: [email protected]

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and lawyers' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “Stallion Express” and www.stallionexpress.ca, constitute trade-marks, trade names, trade dress and associated products and services of Stallion Express or its affiliates (the “Marks”) or constitute trade marks, trade names, trade dress and associated products and services of Stallion Express suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Stallion Express or such third party, as applicable, is strictly prohibited.

You agree to defend, indemnify and hold harmless Stallion Express, its officers, directors, owners, employees, agents, affiliates, carriers, licensors and representatives (collectively, “Indemnitee”), against all liability, demands, claims, costs, losses, damages (whether indirect, direct, incidental, punitive, consequential, special, exemplary or otherwise), recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitee (collectively, “Losses’), known or unknown, contingent or otherwise, directly or indirectly arising from or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Stallion Express and/or its officers, directors, owners, employees, agents, affiliates, carriers, licensors and representatives, arising out of or relating to the User Content, your conduct, use or non-use of the Site, your violation of these Terms of Use or your violation of the rights of any third party.

The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this agreement, whether by expiration of time, by operation of law or otherwise.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY STALLIONEXPRESS.CA, THE SITE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. STALLION EXPRESS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. STALLION EXPRESS DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHER, STALLION EXPRESS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

STALLION EXPRESS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF USE, IN NO EVENT WILL STALLION EXPRESS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, ANY CONTENT OR MATERIALS CONTAINED IN, PURCHASED THROUGH OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM STALLION EXPRESS OR ITS SUPPLIERS OR MERCHANTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO STALLION EXPRESS' OR ANY USER OR MEMBER'S RECORDS, PROGRAMS OR SERVICES.

NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF USE, IN THE EVENT THAT STALLION EXPRESS BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STALLION EXPRESS FOR ANY AND ALL CLAIMS, DAMAGES, AMOUNTS OR FEES OF ANY KIND, HOWSOEVER ARISING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE ACTUAL AMOUNT OF REVENUE STALLION EXPRESS EARNED ON YOUR PRODUCT PURCHASE.

YOU AGREE THAT STALLION EXPRESS WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF ITS SELLERS OR SUPPLIERS. FOR FURTHER CLARITY, STALLION EXPRESS IS NOT LIABLE FOR SHIPMENTS UPON THEIR RECEIPT BY DESIGNATED CARRIER.

STALLION EXPRESS DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLERS OR SUPPLIERS.

Without limiting the generality of any limitation of any liability or limitation of warranty in these Terms of Use, Stallion Express will not be liable for any intellectual property, product or service provided by any seller or supplier, including but not limited to any warranty or manufacture defect. All such claims are to be made directly with the seller, supplier, manufacturer or service provider.

You agree that you will not bring a claim under these Terms of Use more than eighteen months (18) from when your claim arises.

All disputes arising out of or in connection with these Terms of Use will be referred to and finally resolved by arbitration under the rules of the Canadian Arbitration Centre. The case will be administered by an arbitrator of Canadian Arbitration Centre and in accordance with its rules. The place of arbitration will be Toronto, Ontario, Canada. The language of the arbitration will be English.

These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the Province of Ontario and of Canada applicable therein, applicable to agreements made and to be entirely performed within the Province of Ontario, without regard to its conflict of law provisions.

Subject to mandatory arbitration, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the provincial and federal courts located in Toronto, Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use or your use of the Site.
Notwithstanding any of these Terms of Use, you agree that Stallion Express shall be allowed to apply for injunctive re

medies (or an equivalent type of urgent legal relief) in any jurisdiction.

To the extent permitted by law, and subject to the mandatory arbitration PROVISION, you acknowledge, agree and understand that, with respect to any dispute with Stallion Express, respective officers, directors, employees or agents, arising out of or relating to these Terms of Use: (I) YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (II) YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Notwithstanding any of these Terms of Use, Stallion Express reserves the right, without notice and in its sole discretion and without any cost, charge or liability to Stallion Express, to terminate any of its programs, to terminate your use of the Site, and to block or prevent your future access to and use of the Site.

Stallion Express will not be responsible for failing to notify you of any of its actions where such failure is caused by an inaccurate email address, your failure to check email online, your failure to inform Stallion Express of a change in your email address, or if you fail to receive the notifying email for any reason.

You may close your account at any time by contacting us through sending an email from the email address associated with your account to [email protected] with the subject line “ACCOUNT CLOSURE”, to request for your account to be closed, but these Terms of Use and Terms of Service will apply to your past (or any future) use of the Site after closing your account.

Words importing the singular numbers included the plural and vice-versa; words importing the masculine gender included the feminine and neuter genders. The headings and other captions in these Terms of Use are for convenience and reference only and are not to be construed in any way as additional or limitations of the covenants and agreements contained in the Terms of Use.

These Terms of Use represent the entire understanding and agreement between you and Stallion Express regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par la présente qu'elles exigent que les présentes conditions d'utilisation et tous les documents connexes, qu'ils soient actuels ou futurs, soient rédigés en anglais uniquement.

You agree that if Stallion Express does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Stallion Express has the benefit of under any applicable law), this will not be taken to be a formal waiver of Stallion Express' rights and that those rights or remedies will still be available to Stallion Express.

All covenants, agreements, representations and warranties made in these Terms of Use shall survive your acceptance of these Terms of Use and the termination of these Terms of Use.

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

If you have any question regarding the use of the Site or Service, please refer to our Help Centre. If you need additional assistance or have any other concerns, please contact us with any questions or comments about the Site or Service through our Contact Page.