Terms Of Service

General considerations  

Mid-Nite Sun Transportation Ltd. and subsidiaries, Rosenau Transport Ltd., Acropolis Warehousing Inc., and Medicine Hat Express Inc, (“we”, “us”, “our” and terms of similar meaning) provides this Website (this site and any software provided for use with the site, the “Site”) to you, subject to these terms of use (“Terms”). In these Terms we describe users (“Users”) of the Site, as both registered and unregistered users.

Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. Your continuing use of the Website will be taken as implied consent to these Terms.

Changes in Terms  

The Company reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, notification will be provided in form of email to any Registered User of our Site..

User Obligation

Services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

If you register for an account on the Site, you agree to

  • provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”);
  • maintain the security of your password;
  • maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and
  • accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account.

Being a registered user of our Site, does not change or alter the terms of any Bill of Lading or transportation or storage contract or agreement in place.

Any certificate or digital signature provided to allow a user to connect to the company websites, does not grant any legal privileges or modify these Terms in any manner. Their sole purpose is to validate the identity of the user.

You are granted access as a registered user, through your affiliation with a customer, a partner or an agent of a company. If your relationship changes with the customer, partner or agent, (such as expiry or termination of a contract), your rights as a registered user to access our Site is immediately revoked and you or your representative shall notify our Companies immediately.


The Site uses various software protocol to validate the identity and access authorization of users and registered users. The company or its agents may treat any apparently valid communication, instruction or notification in the form received from an Individual User (“Communication”) as properly authorized by and legally binding upon the Registered User, even if in fact no such authority was given or if any Communication it receives was fraudulent or conflicts or appears to conflict with other instructions of the Registered User. The company and its agents shall be under no further obligation to check the authenticity of the Communication or the authority of the Individual User transmitting it.

Where our Companies or agents believe a Communication received is not properly authorized or that any breach of security or of the Registered User Terms has occurred, the company and its agents reserve the right at their sole discretion not to act or to delay acting upon the Communication.

The Registered User is responsible for the accuracy and completeness of Communications received by our Companies or its agents and for ensuring those Communications meet the Registered User’s intended purpose and that they are transmitted accurately and correctly. The Company is not liable for any delay or loss, where the contents of a Communication received is inaccurate or incomplete or when a Communication has not been received.

If the Registered User, for whatever reason, requests the cancellation or modification of a Communication which the Company or its agents have received, the Company will take reasonable steps to comply with the request. However, we are not liable for failing to cancel or modify such a request if the Communication is received at a time or under circumstances that render it unreasonable to comply with the request.


At present, there are no fees or other charges for use of the Site. In these Terms, the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, video files, other data, and their selection and arrangement, is called “Content”. Content provided by Users is “User Content” and remains that User’s property. The Company’s only right to that User Content is the limited licenses to it granted in these Terms.  Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site, is the property of the Company or its licensors, and is protected by Canadian and international copyright laws and all rights to the Site, Content, software and data, are expressly reserved. All 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 the Company.

User Content is the User’s responsibility. We have no responsibility or liability for it, including any loss or damage it may cause. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content posted or stored on the Site, and we may do this at any time and for any reason.


The Company grants a limited, revocable, non-exclusive, non-sub-licensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site.

Except as expressly permitted above, any use of any portion of the Content, without the prior written permission of its owner, is strictly prohibited and will terminate the license and access granted in this Agreement.

You represent and warrant, that your use of the Site and the Content, will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.


The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content or service provided at your own risk. The Company does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites.

Accuracy and Safety

While we strive to provide the most current and accurate information on our Site, we do not warrant that any data is error free or whole. The Company does not warrant the quality, accuracy, timeliness or completeness of any claims, statements or information on our websites. Further, the Company makes no representations about the suitability of any of the information contained on our websites for any purposes.


We strive to make access to and use of the Site safe, however, the Company does not represent or warrant that the Site or any Content, is free of viruses or other harmful components.


By using our Site, Users agree to defend, indemnify and hold harmless, our Companies and other interested Parties, from any loss, damages, liabilities, costs, expenses, claims and proceedings, however caused, and for any person to whom the User grants access,  including any claims made by any entity or person, that alleges User Content infringes any rights, including the intellectual property rights, of any third party.

You are liable when you use our website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of or otherwise abuse our sites or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through our websites (including uploading, posting or otherwise transmitting computer viruses, Trojan horses, worms or other files or computer programs that are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on our websites’ infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from our websites or the content on our websites, in whole or in part).

Intellectual Property

The Company owns the intellectual property rights in the content in all underlying programming or has permission to use the content.  Users submitting content to our website, are deemed to provide consent for all users of our website to use this content. Our websites, including all content, is protected by worldwide copyright laws and treaty provisions. Users acknowledge and agree, that our websites and the services and software used in connection with our websites, contain proprietary and confidential information that is protected by applicable intellectual property laws. Copying, reproduction, modification, publishing, transmission, distribution or other use of the content on our sites for any purpose that is not authorized under the Terms of Use and for which you do not receive our prior written consent, is strictly prohibited.

Law and Jurisdiction 

The Site is controlled by the Company and operated by it from its offices in Alberta, Canada. Users and the Company both benefit from establishing a predictable legal environment in regard to the Site. Therefore, Users and the Company explicitly agree that all disputes, claims or other matters arising from or relating to use of the Site will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company may assign any or all of its rights hereunder to any party at the Company discretion. Users are not permitted to assign any rights or obligations hereunder, without the prior written consent of the Company, and any such attempted assignment will be void and unenforceable.

These Terms constitute the entire agreement, expressed or implied, between you and the Company regarding use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written, between you and the Company regarding use of the Site.

© Rosenau Transport Ltd. 2018