What this Privacy Policy Covers
Information Collection and Use
Information Sharing and Disclosure
Cookies and Web Beacons
Your
Ability to Edit and Delete Your Account Information and Preferences
Confidentiality and Security
Changes to this Privacy Policy
Questions or Suggestions
Are
welcomed, at direction@autoaubaine.com
Terms of Service
1.
ACCEPTANCE OF TERMS
Browsecars.ca
Inc. ("Browsecars.ca ")
welcomes you. Browsecars.ca provides its
service to you subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. . In
addition, when using particular Browsecars.ca owned or operated services, you and Browsecars.ca
shall be subject to any posted
guidelines or rules applicable to such services, which may be posted from time
to time. All such guidelines or rules (including but not limited to our SPAM
POLICY are hereby incorporated by reference into the TOS.
2.
DESCRIPTION OF SERVICE
Browsecars.ca
provides users with access to a rich
collection of resources, including various communications tools, forums,
shopping services, search services, personalized content and branded
programming through its network of properties which may be accessed through any
various medium or device now known or hereafter developed (the
"Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for Browsecars.ca
to provide the Service. You also
understand and agree that the Service may include certain communications from Browsecars.ca
, such as service announcements, administrative messages and the Browsecars.ca Newsletter, and that these communications are
considered part of Browsecars.ca membership and you will not be able to opt out
of receiving them. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new Browsecars.ca
properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and
that Browsecars.ca assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible for
obtaining access to the Service, and that access may involve third-party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3.
YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws Canada or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Browsecars.ca has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Browsecars.ca has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof). Please remember that the Service is designed to appeal to a
broad audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Service areas and/or Content (as defined in
Section 6 below) are appropriate for your child.
4.
BROWSECARS.CA PRIVACY POLICY
Registration
Data and certain other information about you is subject to our Privacy Policy.
For more information, see our full privacy policy, You understand that through
your use of the Service you consent to the collection and use (as set forth in
the Privacy Policy) of this information, including the transfer of this
information to the Canada and/or other countries for storage, processing and
use by Browsecars.ca and its affiliates.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify Browsecars.ca
of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Browsecars.ca cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6.
MEMBER CONDUCT
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from whom such Content originated. This
means that you, and not Browsecars.ca , are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available via
the Service. Browsecars.ca does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent, false
or objectionable. Under no circumstances will Browsecars.ca be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service
to:
a.
upload,
post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b.
harm
minors in any way;
c.
impersonate
any person or entity, including, but not limited to, a Browsecars.ca official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person or
entity;
d.
forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
e.
upload,
post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
f.
upload,
post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g.
upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas (such as shopping) that
are designated for such purpose (please read our complete SPAM POLICY
h.
upload,
post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i.
disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
j.
interfere
with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
k.
intentionally
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by
the Canada rules and regulation, provide material support or resources (or to
conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
l.
"stalk"
or otherwise harass another; and/or
m.
collect
or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through m above.
You
acknowledge that Browsecars.ca may or
may not pre-screen Content, but that Browsecars.ca and its designees shall have the right (but
not the obligation) in their sole discretion to pre-screen, refuse, or remove
any Content that is available via the Service. Without limiting the foregoing, Browsecars.ca
and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by Browsecars.ca or submitted to Browsecars.ca , including
without limitation information in Browsecars.ca Message Boards and in all other parts of the
Service.
You
acknowledge, consent and agree that Browsecars.ca may access, preserve and disclose your account
information and Content if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third parties; (d) respond to your requests for
customer service; or (e) protect the rights, property or personal safety of Browsecars.ca
, its users and the public.
You
understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You
understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by Browsecars.ca and/or content providers who provide content
to the Service. You may not attempt to override or circumvent any of the usage
rules embedded into the Service. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials provided on the
Service, in whole or in part, is strictly prohibited.
7.
INTERSTATE
NATURE OF COMMUNICATIONS ON BROWSECARS.CA NETWORK
When
you register with Browsecars.ca, you acknowledge that in using Browsecars.ca services to send electronic communications
(including but not limited to email, search queries, sending messages to Browsecars.ca
Chat or Browsecars.ca Groups, uploading photos and files to Browsecars.ca
Photos or Briefcase, and other Internet activities), you will be causing
communications to be sent through Browsecars.ca 's computer networks, portions
of which are located in Montreal and
other locations in the United States and portions of which are located abroad.
As a result, and also as a result of Browsecars.ca 's network architecture and
business practices and the nature of electronic communications, even
communications that seem to be intrastate in nature can result in the transmission
of interstate communications regardless of where you are physically located at
the time of transmission. Accordingly, by agreeing to this Terms of Service,
you acknowledge that use of the service results in interstate data
transmissions.
Browsecars.ca
Messenger, including any web-based
versions, will allow you and the people with whom you communicate to save your
conversations in your Browsecars.ca accounts located on Browsecars.ca servers. This means you can access and search
your message history from any computer with access to the internet. Whether or
not you use this feature, other users may choose to use it to save
conversations with you in their account on Browsecars.ca too. Your agreement to this TOS constitutes
your consent to allow Browsecars.ca to
store these communications on its servers. From time to time Browsecars.ca will send you notices through the Browsecars.ca
Messenger Service to let you know about important changes to the Browsecars.ca Messenger or related Services. Such messages
may not be received if you violate this TOS by accessing the Service in an
unauthorized manner. Your agreement to this TOS constitutes your agreement that
you are deemed to have received any and all notices that would have been
delivered had you accessed the Service in an authorized manner.
8.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from Canada or the country in which you reside.
9.
CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Browsecars.ca
does claim ownership of Content you
submit or make available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly accessible areas
of the Service, you grant Browsecars.ca the following worldwide, royalty-free and
non-exclusive license(s), as applicable:
o
With respect to Content
you submit or make available for inclusion on publicly accessible areas of Browsecars.ca
Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the specific Browsecars.ca
Group to which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Browsecars.ca removes such Content from the Service.
o
With respect to photos,
graphics, audio or video you submit or make available for inclusion on publicly
accessible areas of the Service other than Browsecars.ca Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you remove
or Browsecars.ca removes such Content
from the Service.
o
With respect to Content
other than photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other than Browsecars.ca Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the Browsecars.ca network of properties that are intended by Browsecars.ca
to be available to the general public.
By way of example, publicly accessible areas of the Service would include Browsecars.ca
Message Boards and portions of Browsecars.ca
Groups, Photos and Briefcase that are
open to both members and visitors. However, publicly accessible areas of the
Service would not include portions of Browsecars.ca Groups that are limited to members, Browsecars.ca
services intended for private
communication such as Browsecars.ca Mail
or Browsecars.ca Messenger, or areas off
of the Browsecars.ca network of
properties such as portions of World Wide Web sites that are accessible via
hypertext or other links but are not hosted or served by Browsecars.ca .
10.
CONTRIBUTIONS TO BROWSECARS.CA
By
submitting ideas, suggestions, documents, and/or proposals
("Contributions") to Browsecars.ca through its suggestion or feedback webpages,
you acknowledge and agree that: (a) your Contributions do not contain
confidential or proprietary information; (b) Browsecars.ca is not under any obligation of
confidentiality, express or implied, with respect to the Contributions; (c) Browsecars.ca
shall be entitled to use or disclose (or
choose not to use or disclose) such Contributions for any purpose, in any way,
in any media worldwide; (d) Browsecars.ca may have something similar to the
Contributions already under consideration or in development; (e) your
Contributions automatically become the property of Browsecars.ca without any obligation of Browsecars.ca to you; and (f) you are not entitled to any
compensation or reimbursement of any kind from Browsecars.ca under any circumstances.
11.
INDEMNITY
You
agree to indemnify and hold Browsecars.ca and its subsidiaries, affiliates, officers,
agents, employees, partners and licensors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or otherwise make available through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
12.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service (including your Browsecars.ca ID), use of the Service, or access to the
Service.
13.
GENERAL
PRACTICES REGARDING USE AND STORAGE
You
acknowledge that Browsecars.ca may
establish general practices and limits concerning use of the Service, including
without limitation the maximum number of days that email messages, message
board postings or other uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space that will
be allotted on Browsecars.ca 's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that Browsecars.ca has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that Browsecars.ca
reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge that Browsecars.ca
reserves the right to modify these
general practices and limits from time to time.
14.
MODIFICATIONS TO SERVICE
Browsecars.ca
reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that Browsecars.ca shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
15.
TERMINATION
You
agree that Browsecars.ca may, under
certain circumstances and without prior notice, immediately terminate your Browsecars.ca
account, any associated email address,
and access to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, (f) extended periods
of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services.
Termination of your Browsecars.ca account includes (a) removal of access to all
offerings within the Service, including but not limited to Browsecars.ca Mail, Groups, Messenger, Chat, Domains,
Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion
of your password and all related information, files and content associated with
or inside your account (or any part thereof), and (c) barring of further use of
the Service. Further, you agree that all terminations for cause shall be made
in Browsecars.ca 's sole discretion and that Browsecars.ca shall not be liable to you or any third party
for any termination of your account, any associated email address, or access to
the Service.
16.
DEALINGS WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Browsecars.ca shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
17.
LINKS
The
Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Browsecars.ca has no control over such sites and resources,
you acknowledge and agree that Browsecars.ca is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree that Browsecars.ca
shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
18.
BROWSECARS.CA
'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
by advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by Browsecars.ca
or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
Browsecars.ca
grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work from, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, nor to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by Browsecars.ca
for use in accessing the Service.
19.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
.
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. BROWSECARS.CA AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
a.
BROWSECARS.CA
AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
b.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
c.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BROWSECARS.CA
OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
d.
A SMALL
PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT BROWSECARS.CA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF BROWSECARS.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
21.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
You
agree that, except as otherwise expressly provided in this TOS, there shall be
no third-party beneficiaries to this agreement.
22.
NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
Browsecars.ca
respects the intellectual property of
others, and we ask our users to do the same. Browsecars.ca may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Browsecars.ca 's Copyright Agent the
following information:
1.
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2.
a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3.
a description of where the material that you claim is infringing is located on
the site;
4.
your address, telephone number, and email address;
5.
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6.
a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
Browsecars.ca
's Agent for Notice of claims of copyright or other intellectual property infringement
can be reached as follows:
By
mail:
Mediasell inc.
635
Hauterive, Laval
H7G4L8,
Québec
By phone: (450)575-1732
By fax: (450) 575-3427
By email: direction@autoaubaine.com
Entire Agreement. The TOS constitutes the entire agreement between you
and Browsecars.ca and governs your use
of the Service, superseding any prior agreements between you and Browsecars.ca with respect to the Service. You also may be
subject to additional terms and conditions that may apply when you use or
purchase certain other Browsecars.ca services, affiliate services, third-party
content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Browsecars.ca
shall be governed by the laws of Canada without
regard to its conflict of law provisions. You and Browsecars.ca agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Quebec, Canada.
Waiver and Severability of Terms. The failure of Browsecars.ca to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Browsecars.ca account is non-transferable and any rights to
your Browsecars.ca ID or contents within
your account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein
permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The
section titles in the TOS are for convenience only and have no legal or
contractual effect.