Terms of Use
Acceptance of Terms
Welcome to www.AutoTrader.ca (the “Site”),
which is operated by Trader Corporation. (“Trader”).
The Site is provided to you subject to the following terms and conditions (the
“Terms of Use”). These Terms of Use include important disclaimers that
affect your rights.
By using the Site, you agree to be bound by these Terms of Use. If you do
not agree to these Terms of Use, do not use the Site.
Changes to these Terms of Use
Trader reserves the right to make changes to these Terms of Use. The changes
are effective on the earlier of (i) Trader providing you with notice of such
changes, or (ii) 14 days after the revised Terms of Use are posted on the Site.
Changes to the Site
Trader reserves the right to change any aspect of the Site including the
right to refuse or remove any content, whatever the
source, at any time without any notice or liability to you.
All ads are published on the Site in good faith without verification. Trader
reserves the right to refuse, classify, revise or censor any ads for any reason
in its sole discretion. Trader does not guarantee to post all requested ads.
All users are advised to check ad and message details carefully before entering
into any agreement of any kind and before disclosing personal information.
Privacy Policy
Trader collects, uses, and discloses your personal
information in accordance with the Privacy Policy of the Site. The Privacy
Policy is incorporated into these Terms of Use and is available at AutoHebdo.net.
By providing information to Trader, you consent to the use of such information
in accordance with the Privacy Policy.
Confidentiality
The Internet is not a secure means of communication and the
privacy, integrity or authenticity of any communication over the Internet
between you and Trader cannot be ensured. Trader is not responsible for any
damages you may suffer if you communicate confidential information over the
Internet or if Trader communicates such information to you at your request.
Use of the Site
The Site is for your personal and non-commercial use. You
may view and print out web pages from the Site for personal use, provided that
you maintain all copyright notices, but may not otherwise copy, reproduce,
modify, collect, or catalogue information or material on the Site, except as
expressly permitted by Trader or these Terms of Use.
You may not use the Site to engage in any unlawful activity
or to infringe the rights of Trader, its affiliates or others.
You further agree that you will not (i) interfere with
the operation of the Site in any way, (ii) interfere with anyone’s use or
enjoyment of the Site, (iii) harass anyone on the Site or through the
Site, (iv) impersonate any person or entity on the Site or through the
Site, or (v) post any content or views that may be considered threatening,
abusive, vulgar, obscene or otherwise objectionable.
Monitoring Use of the Site
Trader may monitor the Site but is under no obligation to
do so. You hereby waive any expectation of privacy in such information and
activity. Your waiver of rights in all such monitoring does not apply to
personally identifiable information which is handled by Trader in accordance with
the Privacy Policy of the Site.
Termination of Access
If you use the Site in any manner that is prohibited by
these Terms of Use, Trader may without notice terminate your use of the Site or
your access to the Site at any time.
Intellectual Property
The copyright to the Site, the design and appearance of the
Site, and all of the materials and content on the Site are owned by or licensed
to Trader. These materials are protected by law against unauthorized copying
and reproduction. Any use, reproduction or distribution of material, including
caching, framing, or similar means, from the Site (except as permitted herein)
without written permission of Trader is expressly prohibited.
AutoHebdo.net are registered or unregistered trade-marks of Trader or its affiliates
or associates. Other service and product marks that appear on the Site are the
trade-marks of their respective owners. The display of any trade-marks on the
Site does not imply that a license has been granted for any further use.
Unless otherwise agreed to in writing by Trader, all
information provided by you, including, without limitation, any suggestions,
comments or know-how you may provide to Trader through the Site, is provided on
a non-confidential basis and becomes the exclusive property of Trader. You
expressly consent to the unrestrained use of all such information by Trader.
Your waiver of rights in all such information does not apply to personally
identifiable information which is handled by Trader in accordance with the
Privacy Policy of the Site.
Dealing with Third Parties
Any correspondence or business dealings with any third
parties including merchants, sellers, or advertisers found on, or through, the
Site is solely between you and such parties. Trader is not responsible for any
damages you may suffer by entering into such transactions including the payment
for and delivery of goods if any, and any terms, conditions, warranties, or
representations associated with such dealings. You and the third party, not
Trader, are responsible for compliance with all laws applicable in any such
transaction.
Use caution and common sense when using the Site and, in
particular, exercise great care when revealing personal information. When using
the Site there are risks of dealing with underage persons or people acting
under false pretences.
No Endorsement
The Site may contain links to other sites. Such other sites
were independently developed by parties other than Trader. These links are for
your convenience only and Trader does not assume responsibility for the
accuracy or appropriateness of the information contained at such sites or
endorse the viewpoints expressed at such sites.
Any mention of another party or its product or service on
the Site is for informational purposes only and should not be construed as an
express or implied endorsement of that party or its advice, opinions,
information, products or services.
No Contract or Offer
No part of the Site should be taken to constitute an offer
or solicitation to buy or sell products or services. Some products or services
mentioned on the Site may only be available in certain areas or jurisdictions.
Any products or services mentioned on the Site are made available only where
they may be lawfully made available or offered for sale.
Except for your agreement to abide by these
Terms of Use and your agreement to the Privacy Policy, use of the Site does not
create any contract or agreement between you and Trader, nor any obligation of
Trader to you.
No Warranties
Information provided on the Site by Trader is believed to
be reliable when posted. However, Trader
does not guarantee the quality, accuracy, completeness or timeliness of the
Information provided. Information contained on the Site may contain errors.
Access to the Site is provided on an "as is" basis. You should not
assume that your use of the Site will be error free or that the Site will
operate without interruption.
Trader disclaims all warranties, representations and conditions
regarding use of the Site or the Information provided, including all implied
warranties or conditions of merchantability, fitness for a particular purpose,
or non-infringement, whether express or implied, or arising from a course of
dealing, usage or trade practice.
No Liability
Trader is not responsible for any indirect, special, incidental,
consequential or PUNITIVE damages whatsoever and howsoever caused, arising out
of or in connection with the use Or Misuse of the Site or in reliance on the
Information available on the Site, including any business interruption, loss of
use, lost data, lost profits or any other pecuniary loss, whether in an action
of contract, Civil liability, negligence or other tortious action, even if
Trader has been informed of the possibility OF SUCH DAMAGES OR SUCH DAMAGES ARE
REASONABLY FORESEEABLE.
Indemnity
You hereby agree to indemnify, defend and hold harmless
Trader and the partners, members, shareholders, officers, directors, employees,
consultants, lawyers and agents of Trader, from any and all third party claims,
liability, damages or costs they incur arising as a result of your misuse of
the Site, your violation of these Terms of Use, or your infringement of any
intellectual property or other right of Trader or any person or entity.
Jurisdiction
Any dispute shall be governed by British Columbia and
Canadian law and adjudicated by the courts of British Columbia, Canada. Certain
jurisdictions expressly prohibit a choice of law or venue clause in a consumer
contract that refers to a “foreign” jurisdiction vis-à-vis the consumer. In
such specific circumstances, any dispute in relation to these Terms of Use
shall be governed by the law applicable to the consumer.
Entire Agreement:
These Terms of
Use, including the provisions set forth under the additional pages linked
below, constitute the entire agreement between the parties with respect to the
Site. It supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, with respect to the Site.
The following
provisions, as amended from time to time, as well as any other policy or rules
that apply to particular services or portions of the Site, are incorporated by
reference and are part of these Terms of Use.