Website Terms of Use

1. Relationship to Other Terms

These Terms of Use govern use of the Site only. The purchase of goods is governed separately by our Terms of Sale. Personal information collected through the Site is handled in accordance with our Privacy Policy and Cookie Policy.

2. Permitted Use; Limited License

Subject to your compliance with these Terms of Use, Supco Canada grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for your internal business purposes of evaluating products and submitting requests for quotation. All other rights are expressly reserved.

3. Catalog Information; No Reliance

Product descriptions, specifications, dimensions, photographs, illustrations, OEM cross-references, weights, technical data, availability, and pricing displayed on the Site are provided for general information only and may contain errors, omissions, or out-of-date information. Such content is not an offer and does not form part of any contract. Specifications and availability are subject to change without notice. The only binding terms are those set out in a written quotation or order acknowledgement issued by Supco Canada. The Buyer must not rely on Site content for engineering, safety, regulatory, or procurement decisions without independent verification.

4. Intellectual Property

All content on the Site, including text, graphics, logos, photographs, illustrations, datasheets, drawings, layouts, and software, is owned by or licensed to Supco Canada and is protected by Canadian and international copyright, trademark, and other intellectual property laws. The marks “Supco Canada”, “Supco Canada Railway Supply Group”, and associated logos are trademarks of Supco Canada. EMD®, GE®, Wabtec®, Progress Rail®, and other OEM marks referenced on the Site are the property of their respective owners; references are nominative and for product identification only.

You may not copy, reproduce, republish, modify, distribute, transmit, display, sell, license, or otherwise exploit any content from the Site without the prior written consent of Supco Canada, except that you may print or save individual pages for your internal record-keeping in connection with a bona fide procurement inquiry.

5. Prohibited Conduct

You agree not to, and not to permit any third party to:

• Use any robot, spider, scraper, automated tool, or AI agent to access, harvest, index, or copy content from the Site, except for legitimate search-engine crawlers that respect our robots.txt;
• Use Site content to train, fine-tune, or evaluate any artificial-intelligence or machine-learning model without our prior written consent;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, or underlying ideas of the Site;
• Probe, scan, or test the vulnerability of the Site or breach any security or authentication measures;
• Interfere with or disrupt the Site or any servers or networks connected to the Site, including by transmitting viruses, malware, denial-of-service traffic, or excessive request volumes;
• Submit false, misleading, fraudulent, or infringing information through any form on the Site;
• Use the Site in any manner that violates any applicable law, regulation, or third-party right.

6. RFQ Submissions and User Content

When you submit a Request for Quotation, contact form, or other communication (“User Content”), you represent that the User Content is accurate, that you are authorized to submit it, and that it does not infringe any third-party right. You grant Supco Canada a non-exclusive, royalty-free, worldwide license to use the User Content for the purpose of responding to your inquiry and operating our business. Do not submit confidential or sensitive information through the Site unless we have agreed in writing to receive it as confidential.

Feedback. If you provide any suggestion, idea, comment, improvement, or other feedback regarding the Site, the Goods, or Supco Canada’s business (“Feedback”), you hereby assign to Supco Canada all right, title, and interest in such Feedback, or, to the extent assignment is not permitted, grant Supco Canada a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable licence to use, modify, and exploit the Feedback for any purpose, without compensation, attribution, or further obligation.

Site Changes. Supco Canada may modify, suspend, or discontinue the Site or any feature, content, or service on the Site at any time, with or without notice, and without liability to you or any third party.

7. Third-Party Links and Resources

The Site may contain links to third-party websites or resources. Supco Canada does not control and is not responsible for the content, products, services, privacy practices, or availability of any third-party site, and inclusion of a link does not imply endorsement.

8. Disclaimer of Warranties

The site and all content are provided “as is” and “as available”, without warranty or condition of any kind, express, implied, or statutory. Supco Canada disclaims all warranties and conditions, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, uninterrupted or error-free operation, and absence of viruses or other harmful code. Supco Canada does not warrant that catalog data, OEM cross-references, dimensions, weights, or any other technical information on the site are accurate, current, or suitable for any particular application.

9. Limitation of Liability

To the maximum extent permitted by law, Supco Canada and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages, or any loss of profits, revenue, data, business, or goodwill, arising out of or relating to your access to or use of the Site, even if advised of the possibility of such damages and regardless of the theory of liability. Supco Canada’s total cumulative liability arising out of or relating to the Site shall not exceed CAD $100.

10. Indemnification

You shall defend, indemnify, and hold harmless Supco Canada and its officers, directors, employees, agents, and affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or relating to your access to or use of the Site, your User Content, or your breach of these Terms of Use.

11. Suspension and Termination

Supco Canada may suspend, restrict, or terminate your access to the Site at any time, with or without notice, for any reason, including any suspected breach of these Terms of Use. Sections 4, 5, 8, 9, 10, 12, and 13 survive termination.

12. Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Any dispute arising from your use of the Site is subject to the tiered dispute-resolution and exclusive-jurisdiction provisions set out in our Terms of Sale (Section 20), which are incorporated by reference. You waive any right to participate as a representative or member of any class, collective, consolidated, mass, or representative proceeding against Supco Canada and agree that any dispute shall be resolved solely on an individual basis. If Supco Canada substantially prevails in any dispute relating to the Site or these Terms of Use, you shall reimburse Supco Canada’s reasonable legal fees and costs on a substantial-indemnity basis; if you substantially prevail, each party shall bear its own legal fees and costs.

13. Changes to These Terms

Supco Canada may revise these Terms of Use at any time by posting an updated version on the Site. Your continued use of the Site after a revision constitutes acceptance of the revised Terms of Use. The “Last updated” date at the top of this page indicates when the Terms of Use were last revised.

14. Contact

Supco Canada Railway Supply Group
10557 Keele Street, Unit 9, Maple, ON L6A 0J5, Canada
Email: [email protected]
Phone: +1 (905) 303-7100