Last Revised: January 2020
Click on one of the links below to jump to a specific section of the Policy:
What We Collect and How We Collect It
Do Not Track Disclosure
Your Choices and Selecting Your Privacy Preferences
Accuracy and Access to Your Personal Information
Information of Minors
How We Use Your Personal Information
How We Share Your Personal Information
For Website Visitors Outside of the United States or Canada
Safeguarding the Information We Collect
Changes to this Policy
How to Contact Us
What this Policy Describes
- The types of information we collect from you or that you may provide when you visit our website available at each of the following domains (each a “Website”, collectively the “Websites”). The Websites are operated by the following companies:
- NFI Group – https://www.nfigroup.com
NFI Group Inc., our parent holding company which has no business of its own, meaning this Website is maintained in Canada by New Flyer Industries Canada ULC
- New Flyer – https://www.newflyer.com/content
New Flyer Industries Canada ULC (in Canada) and
New Flyer of America Inc. (in the U.S.)
- MCI – http://www.mcicoach.com
Motor Coach Industries Limited (in Canada) and
Motor Coach Industries, Inc. (in the U.S.)
- ARBOC – http://www.arbocsv.com
ARBOC Specialty Vehicles, LLC (for both Canada and the U.S.)
- NFI Parts – http://nfi.parts
The Aftermarket Parts Company, LLC (for both Canada and the U.S.)
- Carfair – https://carfaircomposites.com
Carfair Composites Inc. (in Canada) and
Carfair Composites USA, Inc. (in the U.S.)
- NFI Group – https://www.nfigroup.com
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this Policy carefully to understand and find out about our practices regarding your information and how we will treat it. If you are not satisfied with our policies and practices, then please do not use our Websites. By using our Websites, you will be confirming that you have read the terms of this Policy.
This Policy may change from time to time (see below, “Changes to this Policy”) so please check the Policy periodically for updates. Any changes in this Policy will become effective when we make the revised Policy available on or through the Websites. We also encourage you to check this Policy on a regular basis. We will notify you of any changes (including when they will take effect) if we are required to do so by applicable privacy laws.
What We Collect and How We Collect It
To ensure that we provide you with the best possible experience, we will store, use, and share some limited personal information about you in accordance with this Policy.
Information You Provide to Us
Personal Information is any information that can be used to individually identify whether on its own or when it is combined with other information held by us, such as data including, but not limited to, your:
- first and last name
- company or organization name
- job title or role
- business related email address
- business related telephone number
- age (relevant to candidates only)
- business related mailing address
- comments or messages provided in free text boxes
- IP address
- Any other information a candidate includes in their resume or CV
- Usernames/login ID and passwords (relevant only to those of our Websites which have an online store or any other login function)
You may provide us Personal Information when you:
- visit our Website (IP addresses will be collected – see below)
- request information including when using the ‘contact us’ function on the Website
- schedule a demonstration
- submit an employment application
- subscribe to our newsletters and marketing emails
- register yourself with the Website
- ask us questions about our business by using the free text boxes
Our Websites are aimed at individuals working for companies around the world who are interested in our business offerings. Our Websites are ‘informational only’ except that we will collect Personal Information in the ways described above. In addition, candidates from around the world who would like to enquire about roles at the Company can make contact through the Website by using free text boxes and if they so choose they can provide their resume or CV to the Company using the contact details on the Website.
The information you provide in each case will vary. In some cases, we may ask you to create a username/login ID and password that should only be known to you. The Company will use and protect all this Personal Information in accordance with applicable privacy laws and this Policy.
Automated Information Collection
In addition to the information that you provide to us, we may also collect information about you during your visit to our Website. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet protocol (IP) address, the pages you have viewed, and the actions you have taken while using the Website.
We use the following tools to automatically collect information about you when you are visiting our Websites:
- IP addresses: An IP address is a set of numbers that is automatically assigned to your device whenever you log on to your internet service provider or through your organisation’s local area network (LAN) or wide area network (WAN). Web servers automatically identify your computer by the IP address assigned to it during your online session. IP addresses are Personal Information. IP addresses may reveal to the Company where the visitor to the Website is situated. They will allow us to identify in particular whether there is a user from outside North America using the Websites. This detail is not tracked or used for any purpose except for the purposes of responding to a security incident or other event in which the security of the Website or any information is in question. In such an instance, the Company would use IP addresses to identify from where any threats originated and for any investigation, mediation and response.
- session cookies, which do not stay on your computer after you close your browser, and
- persistent cookies, which remain on your computer until you delete them or they expire.
We may use the following categories of cookies on our Website:
- Strictly Necessary Cookies. These cookies are essential in order to enable you to move around the Website and use its features. Examples may include recalling previous actions (e.g., entered text) when navigating back to a webpage in the same session. These cookies display information, prevent crashes, fix bugs and serve to enhance the security of the Website. Without these cookies, some functions of the Website cannot be provided. These cookies do not identify you as an individual. If you remove these cookies, it may affect the performance of our Website. Without these cookies, services you have requested, such as maintaining a record of your purchased items on our Websites that have an online store, cannot be provided.
- Performance Cookies. These cookies collect anonymous information on how you use our Websites to help us understand how you arrive at our Website, browse or use our Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never reveal personal details from which your individual identity can be established.
- Functionality Cookies. These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized. These cookies cannot be used to track your browsing activity on other websites.
- Analytics Cookies. These cookies do not identify you as an individual. All data is collected and aggregated anonymously. These cookies help us understand how visitors interact with our web properties by providing information about the areas visited, the time spent on the Website and any issues encountered, such as error messages. They help us improve the performance of our Website, alert us to any concerns and more. These cookies are used to distinguish your actions from those of others and to collect your relevant geographic, demographic and behavioural data. They tell us how popular a certain feature is, or whether you open an email we send. See Google Analytics and MailChimp below.
The cookies described in numbers 1 to 3 above are essential cookies that enable our Website to function. Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.
The cookies described in number 4 above are non-essential cookies that are placed on user’s devices when users visit our Websites. Again, you can disable these at any time by changing your browser settings. One example is MailChimp, which helps us to create and deploy promotional and marketing communications emails to specific email lists. MailChimp provides analytics on send such as open rates, click-through rate and time spent by a user.
Most internet browsers are initially set up to automatically accept cookies. You can change the settings to block cookies or to alert you when cookies are being sent to your device. There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings.
If you disable the cookies that we use, this action may impact your experience while on the Website. For example, you may not be able to visit certain areas of the Website.
If you use different devices to view and access the Website (e.g., your computer, smartphone, tablet, etc.), you will need to ensure that each browser on each device is adjusted to suit your cookie preferences.
If you would like more information about cookies, we recommend www.aboutcookies.org and www.allaboutcookies.org as helpful resources.
- Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If you choose to receive emails from us, we may use Web Beacons to track your response to our emails. We may also use them to track if you click on the links and at what time and date you do so. This information is only collected in aggregate form and will not be linked to your Personal Information. Please note that any image file on a webpage can act as a Web Beacon.
- Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. These links allow us to understand how email recipients are using the link. Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you. This information is used to improve our service to you and to help us understand the performance of our marketing campaigns.
- Third-Party Websites and Services. We work with a number of service providers of marketing communications and website analytics technology. These service providers may use various data collection methods to improve the performance of the marketing campaigns or our Website. The information collected can be gathered on our Websites and/or the websites where our marketing communications are appearing.
Do Not Track Disclosure
Other than as disclosed in this Policy, the Website does not track users over time and across third-party websites to provide targeted advertising. Therefore, the Website does not operate any differently when it receives Do Not Track (DNT) signals from your internet web browser.
Your Choices and Selecting Your Privacy Preferences
We want to provide you with relevant information that you have requested.
If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed to the service. Any transactional or service-oriented messages are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services and are not intended for the purposes of marketing.
We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information by an opt-in, or (where applicable laws allow for this) where you have not indicated you wish to opt-out. After you receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.
Any such communications you receive from us will be administered in accordance with your preferences and this Policy.
Accuracy and Access to Your Personal Information
We strive to maintain, process, and protect your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements.
Where we can provide you access to your Personal Information in our possession, we will always ask you for a username/login ID and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.
If you have created a Website account with login credentials, you can view and change any Personal Information you can log in to your account and follow the instructions on that webpage. For all our Websites, you can always contact us directly for assistance as provided below.
Information of Minors
We do not actively seek to gather information from individuals under the age of eighteen. We do not target the Website to minors and would not expect them to be engaging with our Websites or services. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. We do not wish to hold any personal data about children. If you are a child who is reading this Policy, you must not sign up for our newsletters or submit any Personal Information about yourself to us. If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our systems.
How We Use Your Personal Information
The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to:
- Preventing malicious activity and provide you with a secure experience.
- Providing service and support for services you request.
- Providing marketing communications that are effective and optimized for you.
- Keeping you up-to-date with the latest benefits available from us.
- Preventing unwanted messages or content.
- Measuring the performance of our marketing programs.
- Contacting you in order to reply to your communications made to us.
- Contacting you about services and offers that are relevant to you.
- Replying to you if you have asked us about roles at the Company or you send us your resume or CV.
How We May Share Your Personal Information
We do not sell or lease your information to any third party. We may disclose your Personal Information to our trusted third-party business partners in accordance with this Policy. We work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide experiences that you have come to expect from us. In addition, IT service providers and data storage/data hosting providers may process your Personal Information on our behalf. We will share your information with these partners in order to fulfill the service that they provide to us. These partners are under contract to keep your information secure and not to use it for any reason other than to fulfill the service we have requested from them.
There are circumstances where the Company may decide to buy, sell, or reorganize its business in selected countries. Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, the Company will ensure your information is used in accordance with this Policy.
We will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances:
- Responding to duly authorized information requests from law enforcement or other governmental authorities.
- Complying with any law, regulations, subpoena, or court order.
- Investigating and helping prevent security threats, fraud, or other malicious activity.
- Enforcing or protecting the rights and properties of the Company or its subsidiaries.
- Protecting the rights or personal safety of the Company’s employees.
For Website Visitors Outside of the United States or Canada
Many visitors to our Websites may be located outside of the United States or Canada. To provide you with our services, we may store, process, and transmit information in the United States, Canada, and other locations around the world, including countries that may not have the same privacy and security laws as yours. We do not warrant or represent our processing of your Personal Information will comply with the laws of the jurisdiction in which you are accessing the Websites and we are not subject to data privacy and e-privacy laws which apply in your own countries. Regardless, we will process your Personal Information in accordance with this Policy.
For Website Visitors in California
Pursuant to California Civil Code Section §1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
If you are a California consumer, as defined by the California Consumer Privacy Act of 2018, you may be afforded additional rights with respect to your “Personal Information” as that term is explicitly defined under California law. Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity.
Access: You may email us at [email protected] to request a copy of the Personal Information our Website databases currently contain.
Prohibit Data Sharing. When applicable, you may prohibit the sharing of your Personal Information by submitting a request via email to [email protected]. In your email, please explain how you wish us to prohibit the sharing of your personal data, and which categories of third parties you want to prohibit from receiving your Personal Information. When such prohibitions are not possible to provide our services to you, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
Portability. Upon request and when possible, we can provide you with copies of your Personal Information. You may submit a request via email to [email protected]. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
Deletion. If you should wish to cease use of our Website and have your Personal Information deleted from our Website, then you may submit a request by emailing us at [email protected]. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
Sale of Personal Information. We do not sell your Personal Information. If we ever decide to sell Personal Information, we will update you via this Policy and include a link entitled “Do Not Sell My Personal Information,” to provide you with an opportunity to opt out of sales of your Personal Information.
In addition, if a California resident exercises his or her rights under California law, including the CCPA, we shall not discriminate against that California resident by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
Safeguarding the Information We Collect
We take appropriate technical, administrative, and physical precautions to keep your Personal Information secure against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You should be aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information and have commercially reasonably security measures in place, as indicated we cannot guarantee the security of your data transmitted to our Website; any transmission you make is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username/login ID and password. At any time you believe your credentials have been compromised, please change your password. Please notify us of any unauthorized use of your credentials or information.
Changes to this Policy
How to Contact Us
We value your opinions and welcome your feedback. To contact the Company about this Policy or your Personal Information, please contact us at:
Attention: Privacy Officer
711 Kernaghan Avenue
Canada R2C 3T4
Web Site Terms and Conditions of Use
This Web Site (“Site”) is provided by NFI Group Inc. (collectively with its subsidiaries, “the Company”) and is provided solely for informational purposes only in order to provide the Site visitor with information concerning the Company and its products and services. By accessing the Site or downloading its content, you agree to abide by the terms and conditions set forth in this legal notice (Notice). If you do not agree to abide by these terms and conditions, do not access the Site or download its content.
Caution About Forward-Looking Statements
The Site may contain forward-looking statements relating to expected future events and financial and operating results of the Company that involve risks and uncertainties. Actual results may differ materially from management expectations as projected in such forward-looking statements for a variety of reasons, including market and general economic conditions and the risks and uncertainties detailed from time to time in the documents filed with the Canadian securities regulatory authorities. Due to the potential impact of these factors, the Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, unless required by applicable law.
The Company does not assume any duty of disclosure beyond that which is required by applicable law. For the Company’s investor disclosure documents, please see the Company’s filings made with the Canadian securities regulatory authorities at www.sedar.com.
Subject to the terms and conditions set forth in this Notice, the Company grants you a non-exclusive, non-transferable, personal, limited and revocable license to access and use this Site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
The license granted by the Company authorizes you to view and download the content, information and materials located on the Site (the “Material”) only for your personal and non-commercial use. This authorization is not a transfer of title in the Material or copies of the Material and is subject to the following restrictions:
1) you must retain, on all copies of the Material downloaded, all copyright and other proprietary notices contained in the Material;
2) you may not modify the Material in any way or reproduce or publicly display, perform, or distribute or otherwise use the Material for any other informational product or service or for any public or commercial purpose;
3) you must not transfer the Material to any other person unless you give them notice of, and they agree to accept, the terms and conditions of this Notice.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time without notice to you. This Site, including all Material, is protected by copyright, including international copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in accessing the Site and to prevent any unauthorized copying of the Material. Any copying, republication or redistribution of any part of the Site or Material, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the Company.
All brand, product and company names and logos and trade-marks displayed on the Site or used in connection with the Site Materials are the trade-marks of the Company or other applicable third parties. Any use of any of the names or trade-marks appearing on the Site or in connection with the Materials without the express written consent of the Company or the owner of the trade-mark, as applicable, is strictly prohibited.
Except as expressly provided herein, the Company does not grant any express or implied right to you under any of its patents, trademarks, copyrights or trade secret information and all right, title and interest (including all intellectual property and other proprietary rights and interests) in and to the Site and the Material and all technology, software and materials forming part of or contained on or available through or from the Site is the sole and exclusive property of the Company or its licensors.
The Company is committed to the protection of its intellectual property, including without limitation its patents, design registrations, trademarks, copyrights, and trade secrets.
The Company’s products and methods of manufacture are protected by patents and patent applications in the United States, Canada, and elsewhere. In addition, the Company’s products are the subjects of issued/registered and pending design applications in the United States, Canada, and elsewhere.
United States and Canadian patents, patent applications, and design applications or registrations which may be applicable to the Company’s products and methods are listed below. However, the Company’s patent and design portfolio is active and expanding. Additional patents, patent applications, and design applications or registrations which are not listed here may apply in the United States, Canada, or other jurisdictions.
|New Flyer Products||Patents, patent applications,|
design registrations and design applications
|Xcelsior® Bus1||U.S.: 8,109,551; 8,548,669; 9,053,585; 9,748,777; 10,270,265; 10,835,428; D660761; D678818;D680670; D687593; D692360; D723,442; D742,289; D807244; published application 2021/0155264 Canada: 2,455,153; 2,652,352; 2,689,744; 2,825,732; 2,865,638; 2,947,030; 3,012,008; 3,101,535 design registrations 139456; 139757|
|MiDi® Bus1||U.S.: 8,548,669, 9,053,585 Canada: 2,689,744|
|Invero® Bus1||U.S.: 6,726,271; 8,548,669 Canada: 2,455,153|
|High Floor Bus1||U.S.: 8,548,669 Canada: 2,455,153|
|Low Floor Bus1||U.S.: 8,548,669 Canada: 2,455,153|
|Electric Buses||U.S.: 9,748,777; 10,270,265 Canada: 2,794,822; 2,865,638; 3,101,535|
|Passenger Ramps & AV-AVDAS||U.S.: 10,835,428; published application 2021/0155264 Canada: 3,012,008|
|New Flyer Connect™ Products and Services||U.S.: 8,548,669; 9,053,585 Canada: 2,689,744|
Note 1: Not all buses have features covered by all patents. Contact [email protected] for further information.
All brand, product and company names and logos and trade-marks displayed on this Site or used in connection with the Site Materials are the trade-marks of the Company or applicable third parties. Any use of any brands product or company names, logos, or trade-marks appearing on the Site or in connection with the Materials without the express written consent of the Company or the owner of such brands, product, or company names, logos or trade-marks, as applicable, is strictly prohibited. Zevolution, Flyer, New Flyer, New Flyer of America, New Flyer Parts, NFI.parts; .parts; Carfair; the Wing logos, Xcelsior, Xcelsior Charge, MiDi, Xtended Life, New Flyer Connect, Connect 360 (and design), Built to Rely On., It’s Bright Ahead, #IT’SBRIGHTAHEAD, Optima, NABI, Compobus, Western Flyer – Canuck, Invero, and Kinetik; and the Hybrid Drive, Kinetic Arc, Xcelsior X, CF, Built to Rely On., It’s Bright Ahead, and Connect 360 logos, and associated designs and logos, are trademarks (registered or subject of registration applications; and under the common law) of NFI Group Inc., New Flyer Industries Canada ULC, or their affiliates or subsidiaries.
Relevant trademark registrations and registration applications, include, but are not limited to:
|In the United States:||Registrations 1,572,970; 1,577,351; 2,059,301; 2,177,405; 2,177,404; 2,177,401; 2,177,404; 2,177,405; 2,403,088; 2,403,509; 2,784509; 2,997,153; 3,124,884; 3,326,023; 3,358,708; 3,803,906; 3,869,767; 3,961841; 4,104,111; 4,401,119; 4,652,580; 4,652,581; 4,655,811; 4,899,688; 5,263,347; 5,348,464; 5,352,890; 5,389,370; 5,389,371; 5,405,486; 5,688,850; 5,760,409; 5,934893; 6,010,644; 6,187,508; 6,197,798; 6,242,348; 6,291,755; 6,303,547; registration applications 87/576691; 87/776567; 87/978883; 87/978884; 88/165182; 88/260702; 90/020886; 90/139044; 90/348845|
|In Canada:||Registrations TMA186961; TMA343692; TMA343895; TMA375692; TMA470958; TMA472634; TMA482626; TMA602627; TMA604388; TMA654049; TMA657723; TMA705277; TMA753016; TMA788316; TMA838432; TMA838433; TMA845755; TMA845787; TMA854550; TMA878610; TMA895667; TMA938873; TMA960607; TMA961411; TMA976380; TMA976387; TMA1045850; TMA1045860; TMA1050132; TMA1050133; TMA1050135; TMA1050138; TMA1081210; UCA045754; registration applications 1,871,364; 1,871,438; 1,926,205; 1,940,389; 2,035,855; 2,066,451|
Unsolicited Idea Policy
The Company or its employees do not accept or consider unsolicited ideas, including ideas for new or improved products or technologies, product enhancements, processes, materials, marketing or advertising plans or new product names. Please do not submit any unsolicited creative ideas, suggestions, inventions, original artwork or other works (a “submission”) in any form to the Company or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Company’s products or marketing strategies might seem similar to ideas submitted to the Company.
Important: If, despite our request that you not send us a submission, you still send them to us, then, regardless of what your letter to us says, the following terms shall apply to your submission:
You agree that: (1) there is no obligation for the Company to review your submission; (2) the Company may use or redistribute your submission and its contents for any purpose and in any way whatsoever and without any compensation whatsoever to you; and (3) the Company has no obligation to keep, and makes no assurances that it will treat, your submission, or any part of it, as confidential or proprietary.
Questions about our unsolicited idea policy should be directed to [email protected].
THE SITE AND THE MATERIAL MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR MATERIAL OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE OR MATERIAL. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIAL AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED ON THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE MAY PROVIDE STOCK PRICING FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR TRADING OR OTHER PURPOSES. PLEASE NOTE THAT STOCK PRICE INFORMATION IS AT LEAST 15-MINUTES DELAYED AND THAT ALL TIMES INDICATED ARE EASTERN TIME. THE COMPANY ASSUMES NO RESPONSIBILITY WITH RESPECT TO THE SEQUENCE, TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION AND IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DELAYS, INACCURACIES, OR ERRORS IN ANY SUCH INFORMATION OR IN THE TRANSMISSION OF ANY SUCH INFORMATION.
THIS SITE, THE INFORMATION AND MATERIAL ON THE SITE AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third-Party Web Sites
As a convenience to you, the Company may provide, on the Site, links to web sites operated by other entities. If you access these other web sites, you will leave this Site. Should you visit any such linked web sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked web site is authorized to use any trademark, trade name, logo or copyright symbol of NFI Group Inc. or any of its affiliates or subsidiaries.
Limitation of Damages
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSORS (THE “COMPANY PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE ACCESS TO OR RELIANCE ON, OR USE OF OR THE INABILITY TO USE, THE MATERIAL AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE (INCLUDING, WITHOUT LIMITATION, DUE TO ANY ERROR, OMISSION, INACCURACY OR DEFECT IN ANY MATERIAL OR ANY ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE / INTERNET OR SYSTEM FAILURE RELATING TO THE SITE, AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
The entire risk as to the use of the Site and Material is assumed by you. You agree that in view of the circumstances of this Notice and the fact that you are accessing the Site and Material free of charge, the limitations upon the Company’s liability under this Notice are in all respects fair and reasonable, and that the Company would not have offered the Site or Material but for your agreement with the provisions of this section.
If you are dissatisfied with the Site, the Materials or with any of the terms, conditions, guidelines, practices or policies of the Company in operating the Site and in providing the Material, you agree that your sole and exclusive remedy shall be to discontinue using the Site and Material.
You agree that all risk associated with your use of any information, data or materials provided or made available on any third party web sites accessed through this Site rests solely with you.
You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal fees, alleging or resulting, directly or indirectly, from or in any connection with your: (a) breach of this Notice; (b) access to the Site or use of the Material; and (c) uploading to or other provision of or disclosure to the Company of any of your content and/or any other information, idea, suggestion or data and the use of same by the Company or other Company Parties as contemplated hereunder.
The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Notice in whole or in part, at any time. Changes in this Notice will be effective when notice of such change is posted. You should review this Notice each time you visit the Site. Your continued use of the Site after any changes to this Notice are posted will be considered acceptance of those changes.
The Company may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. The Company may terminate the authorization, rights and license given above, and upon such termination you shall immediately destroy all such Material.
Governing Law and Jurisdictional Matters
The Site is administered by the Company from a site that is located in Winnipeg, Manitoba, Canada. You acknowledge and agree that your use of the Site and all of the communications, transmissions and transactions associated with the Site and the provision of the Material shall be deemed to have occurred in the Province of Manitoba, Canada, and this Notice, your use of the Site, and all related matters shall be exclusively governed construed and interpreted in accordance with the laws of the Province of Manitoba, Canada, and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on the International Sale of Goods shall not apply to this Notice. You and the Company irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Manitoba, Canada, in respect of all matters and disputes arising hereunder.
Severability / Electronic Documents
If any provision of this Notice is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this Notice, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this Notice shall be valid and enforceable to the extent granted by law. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Notice and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Notice to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Other General Matters
No delay or omission by the Company to exercise any right or power it has under this Notice or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Notice will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
You and the Company are independent parties and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Notice or your use of the Site or Materials. Any rights not expressly granted by this Notice are reserved by the Company.
The Notice constitutes the entire agreement between the parties as it relates to the access to and use of the Site and Materials and the subject matter of this Notice and supersedes all prior or contemporaneous agreements, understandings, representations, discussions and proposals, written or oral, between the Company and you.
Contact / Notices
Notices to the Company or questions about this Notice, the Site or Materials or the Company’s intellectual property should be sent to [email protected]
The parties declare that they have required that this Notice and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou le futur, soient rédigés en langue anglaise seulement.
Supply Chain Disclosure
The California Transparency in Supply Chains Act of 2010 requires retailers and manufacturers doing business in the State of California to disclose efforts to eradicate slavery and human trafficking from its direct supply chain. The company does not use and will never use, and will endeavour not to conduct business with persons or entities that use, forced, indentured, involuntary or child labor or engage in human trafficking. As set out in the Company’s Code of Business Conduct and Ethics, the Company is committed to conducting its business following the highest standards of fairness, honesty and integrity and in compliance with all legal and regulatory requirements.In order to sell transit buses to federally-funded transit agencies in the United States, the Company must manufacture buses that comply with Buy America regulations (49 CFR 661). The majority of components purchased by the Company are manufactured in the United States and represent a low risk that forced, indentured or involuntary labor was used in their manufacture.Consequently, the Company has a very limited number of suppliers located outside the United States and Canada. All production suppliers are subject to an on-site verification audit of their quality and management systems to ensure performance to the Company’s specifications and requirements. This supplier verification audit includes a review of the supplier’s safety management and human resources policies. In the event the Company determines that a supplier uses forced, indentured or involuntary labor practices, the Company will move to develop alternate sources of supply and will terminate its relationship with the offending supplier. The Company is currently reviewing its supply purchasing procedures and processes in order to develop more robust standards for supplier labor practices.