Terms of Use

These terms of use (“Terms of Use”) (i) govern your access to, and use of, Project Area Tracking Hub (collectively, the “Platform”), and (ii) is a legal agreement between you and GFL Infrastructure Group Inc. (“GFL”, “we”, “us”, or “our”). By accessing and utilizing the Platform, you hereby agree that you: (i) have read and understand these Terms of Use; and (ii) are bound by and shall comply with these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Platform.

  1. Description of the Platform: The Platform connects persons who generate soil with persons who wish to receive and process soil (each a “User”). Please note that the Platform is merely a network intended to connect Users for the purpose of negotiating a contract for the sale, purchase or transfer of soil (a “Transaction”). The Platform does not: (i) allow Users to enter into a contract for a Transaction through the Platform; or (ii) facilitate, or otherwise process, payment in connection with a Transaction. Any Transaction is solely between the applicable Users. Except to the extent we are party to the Transaction, we have no reasonability for, or liability in connection with, any Transaction.
  2. Registration: To register for the Platform you must create an account with a unique email and password. Once your account has been approved by GFL (such approval to be granted in GFL’s sole discretion) and you have paid any applicable subscription fees you will be permitted to access and use the Platform. To the extent you paid any subscription fees to register for the Platform, such fees are non-refundable. You agree that we may deny access, use and/or registration privileges to any User in our sole discretion if we believe that such use or access of the Platform is improper, unlawful, disrupts, or adversely affects or interferes with the Platform.

    You must keep your username and password confidential, and you are solely and fully responsible for all activities that occur under your username and password unless any such activities are caused by us. You agree to: (a) not share or expose your username or password to other, (b) immediately notify us of any unauthorized use of your username and password or any other breach of security; and (c) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.

  3. Use of the Platform: In connection with your use of the Platform, you agree that you shall not (a) help motivate, or enable others to breach these Terms of Use; (b) impersonate any person or entity, including without limitation, a GFL officer or agent; (c) use any automated process to obtain, copy, process, access or use our services or any process, whether automated or manual, to capture data or content from us any of the Users; (d) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Platform, except as expressly authorized by GFL; (e) use the Platform for any malicious purpose, including, but not limited to, giving other users any type of computer viruses, worms, defect, Trojan horses or other items of a destructive nature, or causing any unnecessary downtime; (f) take any action that will or may cause an unreasonably large load on GFL’s technology infrastructure or otherwise make excessive traffic demands of the Platform; (g) bully, intimidate, harass, put undue pressure, initiate a legal action, threaten a legal action against any User; or (h) use the Platform for any purpose that is unlawful.

    We reserve the right to decide what data, content, or information is published to, or removed from, the Platform that is deemed to violate any of the above restrictions. If we determine that you have breached these Terms of Use, we may suspend or permanently disable access to your account.

  4. Information: When registering for and using the Platform you will be required to provide us certain information such as your (or your business’) name and location and certain information with respect to the soil you are looking to receive or transfer (such as quality, quantity, location, etc.). Any information you provide to us when registering for or using the Platform must be correct, current, accurate and complete. If you provide any misleading or false information to us, we reserve the right to suspend or delete your account. You are responsible for updating your information to ensure it remains correct, current, accurate and complete.

    To the extent you provide us any commercially sensitive information in connection with your access to, or use of, the Platform, we agree that we will only use such information for the purpose of facilitating your use of the Platform.

    To the extent we collect any personal information from you in connection with your access to, or use of, the Platform, our collection, use and disclosure of such personal information is governed by the Platform’s Privacy Policy found at www.pathhub.ca. which is incorporated herein by reference.

  5. Ownership: You acknowledge and agree that all content and materials made available through or in connection with the Platform (excluding the content you submit) are protected by either our rights, or the rights of licensors or other third parties, of copyright, trademarks, service marks, patents, or other proprietary rights and laws. You may not use any of the marks, logos, domains and/or trademarks that you may find on or in connection with the Platform, unless you have our written permission. You may use the content and materials made available in connection with the Platform in the course of your normal, personal, non-commercial use in accordance with these Terms of Use. If you download or print a copy of any content and/or materials for your personal use, you must retain all copyright and other proprietary notices contained on such content. All rights not expressly granted herein are reserved.

  6. Disclaimer: THE PLATFORM AND ALL CONTENT AND FUNCTIONALITY THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONTENT IS THE RESPONSIBILITY OF THE PERSON THAT ORIGINATED SUCH CONTENT. NEITHER WE, NOR OUR AFFILIATES GIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE OF THE PLATFORM (INCLUDING WITHOUT LIMITATION THE CONTENT AND FUNCTIONALITY THEREON) INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR PURPOSE. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OUR USERS. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER OR NOT YOU WANT TO TRANSACT WITH A USER YOU HAVE CONNECTED WITH THROUGH THE PLATFORM.

  7. Limitation of Liability: YOU ACKNOWLEDGE AND AGREE THAT NONE OF US, OUR AFFILIATES AND/OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH (A) YOUR ACCESS TO OR USE OF THE PLATFORM (INCLUDING WITHOUT LIMITATION THE CONTENT OR FUNCTIONALITY THEREON) AND/OR (B) ANY TRANSACTIONS TO WHICH WE ARE NOT A PARTY.

  8. Indemnity: You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from (i) your access to, or use of, the Platform, (ii) your violation of these Terms of Use; (iii) any breach by you of applicable laws; (iv) your infringement of any intellectual property or other right of any third party; and (v) any Transactions.

  9. Terminating or Suspending Access to the Platform: If we determine that you have breached these Terms of Use, we may suspend or permanently disable access to your account without notice. We may also suspend or disable your account in the event we cease offering the Platform to Users generally.

  10. Miscellaneous:

    (a)Feedback. We appreciate your feedback and other suggestions about our Platform. However, by providing any such feedback or other suggestions you acknowledge and agree that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

    (b)Entire Agreement. These Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof.

    (c)Governing Law. These Terms of Use shall be governed by the laws of the Province of Ontario and the applicable laws of Canada. Unless prohibited by applicable law, you irrevocably attorn and submit to the exclusive jurisdiction of the courts in the City of Toronto, Ontario and waive objection to the venue of any proceeding in such court or that such court constitutes an inappropriate forum.

    (d)Severability. To the extent any provision of these Terms of Use, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms of Use shall remain in effect as written.

    (e)Modifications: We reserve the right to make any changes to the Platform and its content at any time and without notice. We may modify these Terms of Use (in whole or in part) at any time. Your continued use of the Platform shall constitute your acceptance of such changes.

    (f)Assignment: You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

    (g)Third Party Links. The Platform may provide links to third party platforms or resources. You acknowledge and agree that we are not responsible for the availability of such platforms and/or resources and are not responsible or liable for any content, advertising, products or other materials on or available from such platforms or resources. Such third parties have their own terms of use and other applicable policies. You should check such terms and policies before you utilize such third party platforms and/or resources.

    (h)English Language. You agree that these Terms of Use any correspondence in connection therewith will be drawn up in English only. Vous convenez que ce Conditions d’utilisation et toute correspondance connexe seront rédigés en anglais seulement.