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Welcome to About-This-Car.com ("A-T-C). These Terms of Use, the Privacy Policy and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively "Services"). All policies are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services.
About-This-Car.com is provided to you by About This Car Inc.
Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You will not transfer your Account to another party without our consent. You agree that you will use the Website at your own risk. We make no guarantees or warranties of any kind. We provide the Website on an as-is and as-available basis. You agree that we cannot be held liable for any reason in connection with your use of, reliance upon, or inability to use the Website or any of its features or functionality.
If you believe your Account may have been compromised or misused, contact us immediately at customercare@about-this-car.com.
You will use our system and enter data as it was designed and will not do any of the following:
Only content related to the automobiles you own may be posted on About-This-Car.com. Prohibited Content includes but is not limited to emails and profile photos that at our sole discretion is determined to be explicit and we reserve the right to remove them or delete your account if found, including:
Adult and/or Offensive or Obscene Material or references to them
Services. Please email us at customercare@about-this-car.com. to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off A-T-C if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off A-T-C or not, we do not accept any liability for monitoring A-T-C or for unauthorized or unlawful content on A-T-C or use of A-T-C by users.
Services. Using the Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on A-T-C.
Content. The Services contains information placeholders, your information, and information from other users (as well as from our third party service providers). You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify customercare@about-this-car.com. and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
All rights in the design, source code, and appearance of the Website, and all of the materials and content made available through the Website are owned by or licensed to A-T-C. These materials are protected by law against unauthorized copying and reproduction. Any unlicensed use, reproduction or distribution any of this proprietary material is expressly prohibited. Trade-marks appearing on the Website are owned or licensed by A-T-C or its affiliates, or are owned by third parties. You may not use or display these trade-marks except as may be required in order to make use of the Website in accordance with these Terms. The display of any trade-marks on the Website does not imply that a license has been granted for any further use.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Do not post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a listing to A-T-C that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report potentially infringing items or listings through A-T-C's VeRO Program.
The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers. As most of the content on the Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of A-T-C, even if you advise us or we
could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
You will indemnify and hold harmless A-T-C and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
By using Services, you agree to the collection, transfer, storage and use of your personal information by About This Car Inc. (the "data controller") on servers located in Canada and the United States and in the European Union as further described in our Privacy Policy.
Use caution and common sense when using the Website, and when entering into correspondence with third parties. In particular, exercise great care when revealing personal information. A-T-C publishes listings on the Website without verification or endorsement. A-T-C cannot guarantee that these listings are accurate, or that the persons submitting or responding to these listings are not acting under false pretenses.
These terms and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes or claims arising out of or relating to these Terms or your use of the Services, including the validity, interpretation, breach, or termination thereof, shall be finally resolved by binding arbitration conducted by a single arbitrator in accordance with the Arbitration Act of Ontario. The arbitration shall take place in Ontario, Canada, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own legal costs, unless otherwise determined by the arbitrator. Nothing herein shall prevent either party from seeking injunctive or equitable relief from a court of competent jurisdiction. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by email to:
customercare@about-this-car.com.
We may terminate this Agreement at any time by deleting your user account for breach of these Terms or if you otherwise put A-T-C at risk of legal exposure. We may also terminate this agreement without notice to you if we decide to discontinue providing the A-T-C Website. The license you grant to us to use any User Content that you submit, all indemnities, and all terms limiting A-T-C's liability shall survive termination of this Agreement.
For the purposes of this Agreement:
TheWebsitemeans the A-T-C website accessible at about-this-car.com and any associated or co-branded features, applications, services or websites provided to you by A-T-C.
The "Terms", the "Terms of Use", or the "Agreement" means this Terms Of Use agreement, including our Privacy Policy and any amendments, modifications, and any additional terms which apply to particular features or services.
References to "posting" refer to the act of submitting material or making anything available to or through the Website or other A-T-C services or servers. This includes, without limitation: submitting listings or other content, posting comments, and sending messages to other users through the Website.