TERMS AND CONDITIONS OF USE
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify 1) that you wish to become a member in CarCostCanada, with the understanding that your credit card will be billed by Armada Data Corporation. 2) your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. We strongly recommend that from time to time you review the Terms of Use for any changes. You agree that your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
AGREEMENT
TO USE OF OUR INFORMATION
You hereby agree not to use any information including without limitation pricing information for resale purposes. You further agree not to use any information including without limitation pricing information for any unlawful purpose.
AGREEMENT TO USE OF YOUR INFORMATION
You agree to allow us to share your contact information from time to time
with specific new car dealers who supply you with quotes. At
times, we do share information with affiliates or our service partners in
order to complete any of the above listed activities.
THIRD
PARTY SITES
This site may
produce automated search results or otherwise link you to other sites on the
Internet. These sites may contain information or material that some people may
find inappropriate or offensive. These other sites are not under the control of
Armada Data Corporation., and you acknowledge that Armada Data Corporation. is
not responsible for the accuracy, copyright compliance, legality, decency, or
any other aspect of the content of such sites. The inclusion of such a link does
not imply endorsement of the site by Armada Data Corporation. or any association
with its operators.
PROPRIETARY
RIGHTS
You acknowledge and
agree that all content and materials available on this site including without
limitation pricing information are protected by copyrights, trademarks, service
marks, patents, trade secrets, or other proprietary rights and laws. Except as
expressly authorized by Armada Data Corporation., you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative works from such
materials or content. Notwithstanding the above, you may print or download one
copy of the materials or content on this site on any single computer for your
personal, non-commercial use, provided you keep intact all copyright and other
proprietary notices. Systematic retrieval of data or other content from this
site to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from Armada Data Corporation.
is prohibited. In addition, use of the content or materials for any purpose not
expressly permitted in these Terms of Use is prohibited.
As noted above,
reproduction, copying, or redistribution for commercial purposes of any
materials or design elements on this site is strictly prohibited without the
express written permission of Armada Data Corporation.
DISCLAIMER
OF WARRANTIES
All materials,
information, software, products, and services included in or available through
this site (the “Content”) are provided “as is” and “as available” for your
use. The Content is provided
without warranties of any kind, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular
purpose, or non-infringement.
Armada Data Corporation., its subsidiaries, and its licensors do not
warrant that the content is accurate, reliable or correct; that this site will
be available at any particular time or location; that any defects or errors will
be corrected; or that the content is free of viruses or other harmful
components. Your use of this site
is solely at your risk. Because
some jurisdictions do not permit the exclusion of certain warranties, these
exclusions may not apply to you.
LIMITATION
OF LIABILITY
Under no
circumstances shall Armada Data Corporation., its subsidiaries, or its licensors
be liable for any direct, indirect, punitive, incidental, special, or
consequential damages that result from the use of, or inability to use, this
site. This limitation applies whether the alleged liability is based on
contract, tort, negligence, strict liability, or any other basis, even if Armada
Data Corporation. has been advised of the possibility of such damage. Because
some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, Armada Data Corporation.’s liability in such
jurisdictions shall be limited to the extent permitted by law.
INDEMNIFICATION
Upon a request by
Armada Data Corporation., you agree to defend, indemnify, and hold harmless
Armada Data Corporation. and its subsidiary and other affiliated companies, and
their employees, contractors, officers, and directors from all liabilities,
claims, and expenses, including legal fees (on a solicitor-client basis), that
arise from your use or misuse of this site. Armada Data Corporation. reserves
the right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
co-operate with Armada Data Corporation. in asserting any available defenses.
INTERNATIONAL
USE
Armada Data
Corporation. makes no representation that materials on this site are appropriate
or available for use in locations outside Canada, and accessing them from
territories where their contents are illegal is prohibited. Those who choose to
access this site from other locations do so on their own initiative and are
responsible for compliance with local laws.
CHOICE
OF LAW AND FORUM
These Terms of Use
shall be governed by and construed in accordance with the laws of the Province
of Ontario. You expressly agree that the exclusive jurisdiction for any claim or
action arising out of or relating to these Terms of Use or your use of this site
shall be filed only in the courts in the Province of Ontario, and you further
agree and submit to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
SEVERABILITY
AND INTEGRATION
Unless otherwise
specified herein, this agreement constitutes the entire agreement between you
and Armada Data Corporation. with respect to this site and supersedes all prior
or contemporaneous communications and proposals (whether oral, written, or
electronic) between you and Armada Data Corporation. with respect to this site.
If any part of these Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
TERMINATION
Armada Data
Corporation. reserves the right, in its sole discretion, to terminate your
access to all or part of this site, with or without notice.