| Legal Terms and Conditions Welcome to "downtowntor.toyota.ca" (this "Site") created, operated and maintained by Downtown Toyota Ltd ("Downtown 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 Downtown Toyota. Accordingly, Downtown 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. Downtown 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 © Downtown 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 Downtown Toyota. The trademarks, service marks, logos and other marks used on this Site by Downtown Toyota (the "Trademarks") are either owned or controlled, or licensed to, Downtown Toyota. The Trademarks may not be used without the prior written permission of Downtown 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 Downtown 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 Downtown 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 Downtown 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 Downtown 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 Downtown Toyota states otherwise, and Downtown 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 Downtown Toyota. Downtown 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
To the maximum extent permitted by law, in no event shall Downtown Toyota and its directors, officers, agents, employees, representatives, licensors and those for whom Downtown 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 Downtown 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. Downtown 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 Downtown 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. Downtown Toyota provides these links to you for your convenience only, and the availability of any link does not imply or constitute Downtown Toyota's endorsement of the linked website or its contents. Changes to these Legal Terms and Conditions Downtown 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 Downtown 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 Downtown 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 Downtown 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 Downtown 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 Downtown 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 Downtown Toyota and supersede all prior agreements between you and Downtown 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. |