Acceptance of the Website Terms and Conditions of Use.
The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set Up and Security
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owners’ ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
The security of your personal information is very important to the Dealership. Unfortunately, the transmission of information via the internet is not completely secure. Any transmission of Personal Information is at your own risk.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement (the “Information”), are owned by SM360 or the Dealership, their licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Except in the case where we have specifically granted someone a written licence to use the Information, no licence or right, express or implied, is granted to any person or user of the Website. More specifically, no right, title or interest in any Information, including without limitation any logos of other marks of SM360 or the Dealership, is transferred to you as a result of your use of the Website, and SM360 and the Dealership reserves complete title and full intellectual property rights in and to such Information. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever, except:
(a)your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
Content Published by Users of the Website
Certain functions on the Website allow you to publish content on the Website, for example comments, which will automatically be added on the Website to form an integral part thereof. The discussion forum or the comments on the Website are not moderated. It is always recommended not to publish personal information on the Website, other than personal information that is communicated through the appropriate forms.
By publishing content or any other information to or from this Website, you automatically grant us a royalty-free, perpetual, irrevocable and non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, without any time or territory limitations, and allow us to sublicense such rights to third parties.
Any conduct from you that, at the sole discretion of SM360 or the Dealership, causes harm to any other user or prevents him from using or visiting the Website is strictly forbidden. You must not use your profile to advertise or otherwise solicit other users of the Website. Your use of the Website is conditioned on your compliance with the following rules of conduct: you agree you will not, among other things:
- Transmit or otherwise make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right;
- Use the Site for any fraudulent or unlawful purpose or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offence or that encourages or provides instructional information about illegal or potentially illegal activities;
- Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site;
- Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity or any other form of solicitation;
Website Monitoring and Enforcement, Suspension and Termination.
We have the right, but not the obligation, to supervise the content published on the Website at any time in order to determine users’ compliance with the present Terms, and with applicable laws, regulations or to comply with authorized government request. Without limiting the foregoing, we have the right, but not the obligation, to remove any material that we consider, in our sole discretion, to be in violation of the Terms set forth herein or otherwise unacceptable.
We have the right, without provision of notice to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
We may terminate the contract binding us to any user at any moment. We have the right to terminate or immediately suspend access to the Website or the password and username of any user following any conduct that we consider unacceptable or if a user violates any of the Terms.
The content on the Website is provided for general information purposes only. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date. Your use of the Website is at your own risk and neither the Dealership nor SM360 have any responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. Licensees and suppliers have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Geographic Restrictions, Pricing and Product Information
All information and material indicated on this Website apply to the Canadian market only. All pricing is in Canadian dollars and the vehicles and services described are offered for sale in Canada only. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. The pricing, quote and other financial information on this Website are for information only and are subject to change at any time without obligation.
The pricing, quote and financial information may vary from provinces and territories and may not be up to date or accurate. The MSRP is the Manufacturer Suggested Retail Price and excludes all other amounts related to a vehicle purchase, such as pre-delivery inspection, freight, any applicable taxes and industry-specific taxes such as air conditioning excise tax and tires taxes. Any calculation of any price, tax or finance rates is an estimate for your information only and may not be accurate.
All orders, purchases or transactions for the sale of goods or services made using this Website are subject to their respective terms and conditions of sale that will be provided to you before your purchase. Additional terms and conditions may be applicable to parts or features of this Website, and are hereby incorporated by reference into these Terms and Conditions. The promotional programs described on this Website are only available to the provinces and territories that are indicated on the specific terms and conditions of such programs.
Product information is for information purposes only and, although all efforts are made to display products (including their colours) as accurately as possible, sometimes your computer and monitor settings can affect what you see when you look at the Website. The vehicles shown on this Website are for general illustration only and may differ from the real vehicle. Consequently, we cannot guarantee you will accurately be able to see the actual colours and specific features in every case. The technical information, opinions, recommendations and other information made available on the Website regarding particular products, are provided for convenience only and may not be relied upon as addressing your particular needs and circumstances.
Some products or services mentioned on the Website may not be available.
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may rise from your use of them. You are subject to any terms and conditions of such third-party sites. If you use a service through this Website provided by a third party, please consult the terms provided by the third party.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE DEALERSHIP, SM 360 NOR THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE DEALERSHIP, SM 360 NOR THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Dealership, SM360, their respective parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to, your User submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms.
Governing Law and Jurisdiction
The Site is operated from Montreal, Province of Quebec, Canada. Any conflict between you, the Dealership or SM360 is therefore subject to the laws applicable in the Province of Quebec and the applicable laws of Canada. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec in respect of any action or proceeding arising out or related to the Website.
The Terms, including all documents that they refer to, constitute the sole and entire agreement between SM360, the Dealership and yourself as to the purpose of these Terms. The fact that SM360 and the Dealership do not ask for nor obtain the strict fulfillment of a condition of the Terms shall not be interpreted as the relinquishment on their part of this condition or other rights. The fact that one of the conditions of the Terms herein is declared void, invalid or not enforceable by law by a court of competent jurisdiction shall not affect the other terms of this legal disclaimer.