Terms and Conditions of Use

Last Updated: May 10, 2019

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 where applicable your credit card will be billed by Armada Data Corporation (parent company of CarCostCanada™). 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.

PRO MEMBERSHIP

All variations of our pro memberships are only available to new members.

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.

COMMERCIAL USAGE

You agree and acknowledge that you are not a car broker and will not be using our information as a business research tool, a selling tool or for any other reasons to assist you in commercial or personal gain. If you are a car broker and would like access to the information, please contact our Member Services Department and we will set you up with a commercial account (if applicable and approved by management).

FAIR USAGE POLICY

You agree to only generate CarCostCanada™ Price Reports exclusively for your personal use. You further agree that you will not verbally, electronically or by any other means share the CarCostCanada™ Price Reports with any person without written consent from CarCostCanada™. CarCostCanada™ reserves the right to monitor member usage. At its discretion CarCostCanada™ may terminate your membership and all of its benefits. You agree not to build in excess of five (5) CarCostCanada™ Price Reports per year however, should you require additional reports, you may be required to provide a written explanation regarding the additional need.

PRICE REPORT HISTORY

You acknowledge that we will keep a copy of your price reports available for your future reference. Your price reports will be made available from your personal member dashboard. We will store you a copy of your price report for a period of 547 days, after which it will be removed from our system and will no longer be available within your personal member dashboard.

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.

COMMUNICATION BY EMAIL

As a Registered Member of CarCostCanada™ we and our dealer affiliates may send email and or sms communications to you related to your membership, to usage of the web site, special offers and other important changes such as changes to these Terms and Conditions of Use, our Privacy Policy, etc.

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.