Legal
Terms and Conditions
Welcome to "edmundstontoyota.com" (this "Site") created, operated and maintained
by Edmundston Toyota Ltd ("Edmundston Toyota"). You are invited to access, browse
and use this Site on the following legal terms and conditions ("Legal Terms
and Conditions").
By accessing, browsing or using this Site, you are agreeing to these Legal
Terms and Conditions. This forms a legally binding agreement between you
and Edmundston Toyota. Accordingly, Edmundston Toyota encourages you to
read the Legal Terms and Conditions. If you do not agree with the Legal
Terms and Conditions, do not use this Site. If at any time during your use
of this Site you disagree with the Legal Terms and Conditions, kindly cease
to use this Site. Edmundston Toyota suggests that you save or print a copy
of these Legal Terms and Conditions for your records before using this Site.
Intellectual Property Rights Notices
Copyright © Edmundston Toyota Ltd.
All rights reserved. All content on this Site, including but not limited
to, all software, text, data, sound, programming, visual images, graphics
and the design of this Site and the selection, organization and arrangement
of the foregoing (collectively, the "Content"), are protected by copyright
and other intellectual property laws and are either owned or used under
license by Edmundston Toyota.
The trademarks, service marks, logos and other marks used on
this Site by Edmundston Toyota (the "Trademarks")
are either owned or controlled, or licensed to, Edmundston
Toyota. The Trademarks may not be used without the prior written permission
of Edmundston Toyota and may not be used in connection
with any product or service in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Edmundston
Toyota. All other trademarks, service marks, logos and other marks which
appear on this Site are the property of their respective owners.
You agree to comply with any requisite additional copyright notices,
or restrictions contained in any of the Content.
Restrictions on Use
You may download and use a reasonable number of copies of the
Content on any single computer for your own personal, non-commercial use
only, provided that you: (a) keep all copyright and other proprietary notices
intact, (b) do not modify the Content, and (c) do not use the Content to
suggest an association with Edmundston Toyota or any of its products, services
or brands. You may not modify, publish, transmit, transfer, sell, reproduce,
upload, post, distribute, perform, display, create derivative works from,
or in any way exploit any of the Content, in whole or in part, except as
Edmundston Toyota expressly permits in these Legal Terms and Conditions. Your
use of the Content for any purpose other than the one expressly permitted
in these Legal Terms and Conditions (including your use of any of the Content
on any other website or networked computer environment) is a violation of
the intellectual property rights and other proprietary rights of Edmundston Toyota
and may subject you to civil liability or criminal prosecution under applicable
laws.
Canadian Content
The vehicles described on this Site contain uniquely Canadian
specifications and equipment and are available only to Canadian residents
in Canada and only where permitted by law. The pricing and other financial
information on this Site is in Canadian dollars, unless Edmundston Toyota states
otherwise, and Edmundston Toyota is permitted to change the pricing and other
financial information at any time without notice to you. The promotional
sales programs, employment opportunities and services described on this
Site are only available through Edmundston Toyota. Edmundston Toyota is permitted
to change any vehicle specifications, promotional sales programs, employment
opportunities, and other information available on this Site at any time
without notice to you.
Disclaimers
- No Reliance - All of the information contained on this
Site is provided to you for information purposes only and does not in
any way constitute advice or an offer to buy or sell any vehicle by
Edmundston Toyota. You should not use or rely on any of the information on
this Site, including without limitation any calculations of prices,
taxes, finance rates and valuations, as a substitute for the information
that is available to you at Edmundston Toyota. In the event that any information
on this Site is inconsistent with, or conflicts with, information supplied
to you by Edmundston Toyota, the information provided to you by Edmundston Toyota
takes precedence and supercedes the information on this Site. This Site,
Edmundston Toyota, Toyota Canada Inc. and its affiliates are not responsible
for any detrimental reliance you may place on this Site.
- No Legal Relationship - Your use of this Site is not intended
and shall not be deemed to create any legal relationship of any kind
between you and Edmundston Toyota, or amend or vary any existing legal relationship.
- Future Products and Services - From time to time Edmundston
Toyota may identify proposed future products or services on this Site
that are not currently available through Edmundston Toyota. This information
is provided for informational purposes only and Edmundston Toyota is under
no obligation to provide or otherwise deliver these products or services
to you.
- No Site Warranties - This Site, any hyper-linked website
and the Content and any functionality contained on this Site are provided
on an "as is, as available" basis and without representations, warranties
or conditions of any kind, either express or implied by Edmundston Toyota.
Edmundston Toyota does not warrant that the functionality on this Site will
be uninterrupted or error-free, that defects on this Site will be corrected,
or that this Site or the server that makes it available are free of
viruses or other harmful components. Edmundston Toyota is not liable to you
for damage to your computer or computer system which result from your
accessing, browsing or using this Site. Edmundston Toyota does not represent
or warrant that the information on this Site is accurate, complete or
current. All of the risk associated with your use of this Site, including
but not limited to, the risks associated with the quality and performance
of this Site and with the accuracy, comprehensiveness and timeliness
of the Content is assumed solely by you.
- No Product Warranties - Edmundston Toyota does not make any
representations, warranties or conditions of any kind, express or implied,
as to any vehicle, product or service, including but not limited to,
the merchantability, merchantable quality or fitness for a particular
purpose of any vehicle, product or service. Edmundston Toyota expressly disclaims
any other implied warranties imposed by law. If you choose to purchase
a Toyota vehicle from Edmundston Toyota, your purchase shall be governed
solely and exclusively by any agreement entered into between you and
Edmundston Toyota.
- General - To the maximum extent permissible by law, Edmundston
Toyota disclaims all representations, warranties and conditions express
or implied, including but not limited to, representations, warranties
and conditions of merchantability, merchantable quality, fitness for
a particular purpose, title, non-infringement of proprietary rights
and those arising from a course of dealing, trade or performance.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Edmundston
Toyota and its directors, officers, agents, employees, representatives,
licensors and those for whom Edmundston Toyota is in law responsible (collectively,
the "Toyota Parties") be liable for any special, incidental, indirect, consequential,
punitive or exemplary damages of any kind whatsoever (including, without
limitation, damages for loss of revenue, loss of profits, failure to realize
expected savings, interruption of activities, or any other pecuniary or
economic loss) arising out of the use of or inability to use this Site or
any product or service described or provided on this Site, even if any of
the Toyota Parties have been advised of the possibility of such damages
or could reasonably foresee such damages occurring.
In any event, the Toyota Parties' total liability to you for
all damages, losses, and causes of action, whether in contract, tort (including
negligence), strict liability or otherwise, shall be limited to one hundred
dollars ($100). In no event shall any Toyota Party be liable for any damages
of any kind arising from the use of any hyper-linked site. You agree that
this limitation of liability is comprehensive and applies to all damages
of any kind.
Indemnity
You hereby agree to indemnify, defend and hold harmless the Toyota
Parties from and against any and all claims, demands, actions, liabilities,
losses, costs and expenses (including reasonable legal fees) in connection
with: (i) any use or alleged use of this Site under your password by any
other person, whether or not authorized by you, (ii) your breach of these
Legal Terms and Conditions; and (iii) your violation of any law or the rights
of a third party arising out of your use of this Site. The Toyota Parties
reserve the right to assume, at their own expense, the exclusive control
and defense of any claims, demands and actions arising in connection with
this indemnity and you agree to cooperate with the Toyota Parties' defense
of these claims, demands and actions.
Modification or Termination of Service
Edmundston Toyota reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of this Site at any
time, for any reason and without prior notice to you and without any liability
to you for doing so. Edmundston Toyota may change, modify, suspend or discontinue
all or any part of this Site at any time without prior notice to you and
without liability to you for doing so.
Links to Third Party Sites
This Site contains hyper-links to third party websites. Your
use of any website linked to this Site is at your own risk and Edmundston Toyota
is not responsible for the availability, accuracy or reliability of the
contents of any linked website or any link contained in a linked website.
Edmundston Toyota provides these links to you for your convenience only, and
the availability of any link does not imply or constitute Edmundston Toyota's
endorsement of the linked website or its contents.
Changes to these Legal Terms and Conditions
Edmundston Toyota reserves the right to, at any time, modify these
Legal Terms and Conditions, and you agree to be bound by any such modifications.
Such modifications shall be effective immediately upon Edmundston Toyota giving
notice thereof, which may be given by any means, including, but not limited
to, posting on this Site. You agree to regularly review these Legal Terms
and Conditions posted at this Site and to be aware of such modifications.
Your use of this Site following any such modification constitutes your agreement
to follow and be bound by the modified Legal Terms and Conditions. If at
any time, these Legal Terms and Conditions are no longer acceptable to you,
you should immediately cease all use of this Site.
Jurisdiction; Governing Law and Arbitration
Edmundston Toyota makes no representation that the Content on this
Site is appropriate or available for use in any particular location. You
are responsible for compliance with the local laws of your location, if
and to the extent such local laws are applicable. These Legal Terms and
Conditions and your use of this Site shall be governed by and construed
in accordance with the laws in force in the Province in which Edmundston Toyota
is located and the federal laws of Canada, without reference to any choice
of law or conflict of law principles. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to these Legal Terms
and Conditions or any communication with or transaction through this Site.
Any disputes or claims arising out of or related to these Legal Terms and
Conditions or your use of this Site shall be submitted to binding arbitration
pursuant to the Laws of the Province in which Edmundston Toyota is located or
any successor legislation. Arbitration of all matters will be determined
by a single arbitrator acceptable to both parties, acting reasonably, and
all such arbitration proceedings shall be held exclusively in the Province
in which Edmundston Toyota is located. Any claim or cause of action that you
may have with respect to your use of this Site must be commenced within
one (1) year after the claim or cause of action arises.
General
If any provision of these Legal Terms and Conditions shall be
deemed unlawful, void or otherwise unenforceable, then such provision shall
be deemed severable from these Legal Terms and Conditions and shall not
affect the validity and enforceability of any remaining provisions. Sections
1, 2, 4, 5, 6, 7, 9, 11 and 12 shall survive any termination of this Agreement
as well as any other provisions which by their terms or nature are intended
to survive. These Legal Terms and Conditions comprise the entire agreement
between you and Edmundston Toyota and supersede all prior agreements between
you and Edmundston Toyota with respect to your use of this Site.
English Language
Les Parties déclarent qu'elles ont demandé que
cette entente et toute entente s'y rapportant soient rédigées
en anglais. The Parties to this Agreement declare that they have requested
that this Agreement and all ancillary documents be prepared in the English
language.
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