1. Acceptance of Terms
By accessing or using the website located at www.asvfreight.lol and any related services, platforms, or applications provided by Asv Logistics Corp., doing business as ASV Freight, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions contained herein, you must discontinue use of our website and services immediately.
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and Asv Logistics Corp. regarding your access to and use of the website and services. You represent that you have the legal authority to enter into this agreement on behalf of yourself or the entity you represent.
We reserve the right to revise these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting to this page. Your continued use of the website after any modifications constitutes acceptance of the updated terms. We encourage you to periodically review this page to stay informed of any changes.
2. Services Description
ASV Freight provides computer systems design and freight logistics technology services including but not limited to logistics systems architecture design, freight management platform development, real-time shipment visibility solutions, data integration services, analytics and business intelligence, and cloud infrastructure engineering. The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate written service agreement or statement of work executed between ASV Freight and the client.
Our website serves as an informational platform describing our capabilities and enabling prospective clients to contact us regarding potential engagements. The content presented on our website does not constitute a binding offer of services, and we reserve the right to accept or decline any service inquiry at our sole discretion.
3. User Obligations and Conduct
When using our website, you agree to comply with all applicable federal, provincial, and local laws and regulations. You further agree not to engage in any of the following prohibited activities:
- Using the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party use of the website.
- Attempting to gain unauthorized access to any part of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
- Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Using any robot, spider, scraper, or other automated means to access the website for any purpose without our express written permission.
- Collecting or harvesting any personally identifiable information from the website without proper authorization.
- Using the website to send unsolicited commercial communications or spam.
- Uploading or transmitting any content that is unlawful, defamatory, obscene, or infringes upon the intellectual property rights of others.
You are solely responsible for maintaining the confidentiality of any login credentials or account information associated with our services and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Intellectual Property Rights
All content, features, and functionality available on the ASV Freight website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software code, page layout, design elements, and the overall look and feel of the website, are the exclusive intellectual property of Asv Logistics Corp. and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The ASV Freight name, the Asv Logistics Corp. name, and all related logos, product names, service names, designs, and slogans are trademarks of Asv Logistics Corp. or its affiliates. You may not use such marks without the prior written permission of Asv Logistics Corp. All other names, logos, product and service names, designs, and slogans appearing on the website are the trademarks of their respective owners.
Subject to the terms of any specific service agreement, clients retain ownership of their proprietary business data and pre-existing intellectual property. ASV Freight retains ownership of any pre-existing tools, methodologies, frameworks, software libraries, and know-how used in delivering services. The ownership of deliverables created specifically for a client engagement is addressed in the applicable service agreement.
5. Website Content and Accuracy
We endeavor to ensure that the information presented on our website is accurate, complete, and current. However, the content on our website is provided for general informational purposes only and should not be relied upon as the sole basis for making business decisions. The computer systems design and logistics technology industry evolves rapidly, and we cannot guarantee that all information on our website reflects the most current technology standards or market conditions at any given time.
We reserve the right to modify, update, or remove website content at any time without prior notice. While we strive to minimize errors, we do not warrant that the website will be free of typographical errors, technical inaccuracies, or omissions. Any reliance you place on website content is strictly at your own risk.
6. Third-Party Links and Resources
Our website may contain links to third-party websites, services, or resources that are not owned or controlled by ASV Freight. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by ASV Freight of the linked content, products, or services. We have no control over and assume no responsibility for the content, privacy policies, terms of use, or practices of any third-party websites.
You acknowledge and agree that ASV Freight shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites. We strongly advise you to review the terms and policies of every third-party website you visit before engaging with its content or services.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Asv Logistics Corp., its directors, officers, employees, agents, affiliates, and subcontractors shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the website or services, regardless of the legal theory under which such liability is asserted, even if we have been advised of the possibility of such damages.
Without limiting the generality of the foregoing, ASV Freight shall not be liable for any damages resulting from interruptions or cessation of website availability, errors or omissions in website content, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the website, or any other matter relating to the website or our services.
In jurisdictions that do not permit the exclusion or limitation of certain types of damages, our liability shall be limited to the maximum extent permitted by law. In no event shall our total cumulative liability to you for all claims arising out of or relating to these Terms of Service or your use of the website exceed the amount of one hundred Canadian dollars, or the amount you have paid to ASV Freight for services in the twelve months preceding the claim, whichever is greater.
8. Indemnification
You agree to defend, indemnify, and hold harmless Asv Logistics Corp., its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees including reasonable legal fees arising out of or relating to your violation of these Terms of Service, your use of the website, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any matter subject to indemnification without our prior written consent.
9. Disclaimer of Warranties
The ASV Freight website and all content, materials, information, products, and services provided through the website are provided on an as is and as available basis, without any representations, warranties, or conditions of any kind, either express or implied. To the fullest extent permitted by law, Asv Logistics Corp. expressly disclaims all warranties, whether express, implied, statutory, or otherwise.
We do not warrant that the website will operate error-free or without interruption, that defects will be corrected, that the website or the server that makes it available is free of viruses or other harmful components, or that the website will meet your specific requirements or expectations. We make no warranties regarding the accuracy, completeness, reliability, or timeliness of any content available on or through the website.
No advice or information, whether oral or written, obtained by you from ASV Freight or through the website shall create any warranty not expressly stated in these Terms of Service. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent prohibited by applicable law.
10. Termination
We reserve the right, in our sole discretion and without prior notice, to terminate or suspend your access to the website and any related services for any reason whatsoever, including without limitation a breach of these Terms of Service. We may also, at any time and without notice, discontinue the website or any part thereof, or block or prevent future access to and use of the website by any user.
Upon termination, all provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. Termination of your access to the website shall not affect any rights or obligations that have accrued prior to the date of termination.
11. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law that would result in the application of the laws of a different jurisdiction.
You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, located in the City of Mississauga, for the resolution of any disputes arising out of or relating to these Terms of Service or your use of the website. You waive any objection to the laying of venue in such courts based on forum non conveniens or any other grounds.
12. Dispute Resolution
Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting ASV Freight at connect@asvfreight.lol and engaging in good faith negotiations for a period of at least 60 days. The notice must include a written description of the dispute, the relief sought, and your contact information.
If the dispute cannot be resolved through informal negotiation within the 60-day period, either party may pursue resolution through binding arbitration administered by the ADR Institute of Canada in accordance with its Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or failing agreement, appointed by the ADR Institute of Canada. The arbitration shall take place in Mississauga, Ontario, and shall be conducted in the English language.
The arbitrator shall have the authority to award the same damages and relief that a court of competent jurisdiction could award, subject to the limitations of liability set forth in these Terms of Service. The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.
13. Service Agreements and Statements of Work
Any computer systems design, logistics technology consulting, software development, or other professional services provided by ASV Freight shall be governed by a separate written service agreement or statement of work executed by authorized representatives of both Asv Logistics Corp. and the client. The terms of such service agreement shall prevail over these general Terms of Service to the extent of any inconsistency.
These Terms of Service govern your use of the website and do not create any client relationship, partnership, joint venture, employment relationship, or agency relationship between you and ASV Freight. No such relationship is established until a formal written service agreement has been executed by both parties.
14. Confidentiality
In the course of using our website or engaging our services, you may provide or we may receive confidential information, including business plans, technical specifications, trade secrets, financial data, and other proprietary information. ASV Freight agrees to maintain the confidentiality of such information and to use it solely for the purpose of providing the requested services, unless otherwise authorized in writing by the disclosing party.
Confidential information does not include information that is or becomes publicly known through no breach of this provision, was already in the receiving party possession without obligation of confidentiality, is rightfully obtained by the receiving party from a third party without obligation of confidentiality, or is independently developed by the receiving party without use of or reference to the disclosing partys confidential information.
15. Force Majeure
ASV Freight shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service or any related service agreement if such failure or delay arises from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government orders or regulations, pandemic, epidemic, fire, flood, earthquake, storm, power outages, telecommunications failures, labor disputes, or any other event that could not have been reasonably foreseen or prevented by the affected party.
During the continuance of a force majeure event, the affected party obligations shall be suspended to the extent necessitated by the event, and the other party shall similarly be relieved of its corresponding obligations to the extent that such obligations relate to the suspended obligations.
16. Severability and Waiver
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent as closely as possible. If such modification is not possible, the provision shall be severed from these Terms of Service, and the remaining provisions shall continue in full force and effect.
No waiver of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by ASV Freight to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
17. Entire Agreement
These Terms of Service, together with our Privacy Policy and any applicable service agreement or statement of work, constitute the entire agreement between you and Asv Logistics Corp. regarding the use of our website and the provision of our services. These documents supersede and replace all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.
No modification, amendment, or waiver of any provision of these Terms of Service shall be effective unless in writing and signed by an authorized representative of Asv Logistics Corp. and, in the case of modifications that materially affect your rights, countersigned by you.
18. Contact Information
All notices, requests, inquiries, and communications relating to these Terms of Service should be directed to ASV Freight through the following contact channels:
Email: connect@asvfreight.lol — Please include Terms of Service Inquiry in the subject line for faster routing.
Telephone: +1 (507) 801-1282 — Available during regular business hours, Eastern Time.
Postal Mail: Asv Logistics Corp., Attention: Legal Department, 7450 Netherwood Rd, Mississauga, ON L4T 2N6, Canada.
Website: www.asvfreight.lol — Our contact forms are available on the homepage.
We endeavor to respond to all inquiries within two business days. Legal notices shall be deemed delivered when sent by email with confirmed delivery receipt, or five business days after dispatch by certified postal mail.