Website Terms and Conditions of Use
ACCEPTANCE OF TERMS
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms and Conditions of Use"). If you do not agree to these Terms and Conditions of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms and Conditions of Use. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
DESCRIPTION OF SERVICE
Active Motors provides users with a collection of on-line resources including online shopping and an assortment of interactive features (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to the Terms and Conditions of Use. You understand and agree that the Service is provided "AS-IS" and that Active Motors assumes no responsibility for the timeliness, deletion, mis-delivery, or failure of the Service.
RULES OF USER CONDUCT AGREEMENT
You agree to abide by all terms contained on Active Motors's website and not to use this site for any unlawful purpose.
THIRD PARTY SITES & LINKS
This site maintains and actively collects links that will send you to other sites on the Internet. Because Active Motors has no control over such sites and resources; you acknowledge that Active Motors 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 Active Motors or any association with its operators.
DEALINGS WITH ADVERTISERS
Your business dealings or correspondence 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 Active Motors 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.
Active Motors'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Active Motors, 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 Active Motors is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions 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 Active Motors. Permission is granted only when certain limited criteria are met. E-mail info@activemotors.ca for information and to request such permission.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
- 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 NONINFRINGEMENT.
- Active Motors, ITS AFFILIATES, 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.
- NO ADVICE, INFORMATION, OR COMMUNICATAION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Active Motors OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE.
- 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 Active Motors, INC, ITS AFFILIATES, 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 Active Motors, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Active Motors'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Active Motors and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Active Motors 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 cooperate with Active Motors in asserting any available defenses.
INTERNATIONAL USE
Active Motors 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, excluding its conflicts of law rules. 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 province or federal courts located 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 Active Motors with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Active Motors 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.
