Acceptance of Terms
By using any part of the Digital Dealership site (the "Site"), you are agreeing to all of its terms. The terms "You" and "User" refer to anyone accessing this web site for any reason. Please read this page carefully. This is a legally binding agreement. PIf you do not agree to the User Agreement please do not use this site and service. Certain portions of this User Agreement have terms that apply only to services offered on one specific portion of the Site. Digital Dealership (the "Company") reserves the right to update or revise this Agreement. Please check this Agreement periodically for changes. Your continued use of this Site following any posted updates to this Agreement constitutes acceptance of those updates.
Back To Top
Use of Material & User Submissions
You acknowledge and agree that you are solely responsible for the form, content, linked materials, and accuracy of any projects, skills, and materials placed by you on the Site.
You agree not to submit material which infringes on the rights of others or to submit material that in any way is in violation of the Company's User Submissions policy or is prohibited by other terms of this Agreement. Additionally, you agree not to use material submitted to the Site in violation of the Company's Use of Material policy. As you are bound by these policies, we urge you to read them. They can be found by clicking here.
You may view and download a single copy of the material posted on the Site solely for your personal, non commercial use.
The Site, including all of its contents, such as text, images, graphics, and the HTML used to generate the pages, ("Materials"), are protected by patent, trademark and/or copyright under Canadian and/or foreign laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of the Company and protected by Canadian and/or foreign laws.
The Company may monitor your use of the Site, and may freely disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose. However, it will do so in accordance with the Company's privacy policy. ( click here for privacy policy)
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to the User Agreement, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove the communication and/or terminate that user's access to the Site.
Back To Top
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking information projects. Any unlawful use of the Site is strictly prohibited.
Back To Top
Security Rules
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.
Back To Top
Termination of Service
Company may terminate your use of the Site at any time and for any reason, and may delete any and all communications, postings, or other content placed on the Site by you, without notice, for conduct violating the User Agreement or other terms and conditions contained on other pages of this Site and for content that Company believes is harmful to other users, Company's business, or other third party providers.
The Company also reserves the right, at its sole discretion, to immediately terminate your registration with or ability to access the Site and/or any other service provided to you by the Company.
Company reserves the right at all times to disclose any information posted by you or provided to Company as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or Materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of these guidelines for use, or if the Company is unable to verify or authenticate any information you submitted to register with the Site.
Back To Top
Links to Other Sites
The Site contains links and pointers to third party Sites. These links are provided solely as a convenience to you. The Company is not responsible for the content of linked third-party Sites and does not make any representations or warranties regarding the content, accuracy, and reliability, of any advice, information, or other materials on such third-party Sites. If you decide to access linked third-party Sites, you do so at your own risk.
Back To Top
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
Back To Top
Transactions
Transactions will be declared made by the authorized account holder of the e-mail address submitted at the time of the transaction. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Back To Top
Service Interruption
If service on the Site is interrupted for more than 24 hours due to technical issues that make it inaccessible to Users, the effective period of all accounts will be automatically extended by 1 day (or 24 hours) for every 24-hour period of inaccessibility. If service is interrupted for less than 24 hours due to technical issues that make the Site inaccessible to users, the effective period will not be modified.
Back To Top
The Company's Liability
Company is under no legal obligation to, and generally does not, control the information provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled. We expect that you will use caution and common sense when using this Site, and we request that you inform us of the presence of such material on our Site. Digital Dealership strives to maintain and improve the quality of our User community experience.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS PROVIDED THROUGH THE USE OF THIS SITE. DIGITAL DEALERSHIPENTERPRISES INC., WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Back To Top
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Back To Top
Confidentiality
You acknowledge that your communications from and to this Site are not confidential and that your communications may be read or accessed by others. You acknowledge that by submitting communications to the Company, no confidential, fiduciary, contractually implied, or other relationship is created between you and Company other than pursuant to this Agreement.
Back To Top
Choice of Law and Forum
This User Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario , excluding its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site shall be filed only in the Provincial or federal courts located in the Province of Ontario, City of Toronto, 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. Services in Canadian currency.
Back To Top
General
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Site.
Back To Top
This User Agreement is effective as of June 1st, 2004.
ADDITIONAL INFORMATION
User Submissions Policy
In using this Site, you agree not to:
post material that is copyrighted, or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it;
post material that reveals trade secrets, unless you own them or have the permission of the owner;
post material that infringes on any other intellectual property, privacy or publicity right of another;
post material that is obscene, pornographic; sexually explicit, defamatory, threatening, harassing, abusive, or discriminatory, to another user or any other person or entity;
post advertisements or solicitations of business;
post chain letters or pyramid schemes;
impersonate another person; and,
Engage in conduct that constitutes or encourages a criminal offense, giving rise to civil liability or that is otherwise a violation of the law.
Use of Material
Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, modify, publish, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific permission of the Company. The Company claims no ownership rights in the content placed on the Site by you. The use of the Material on any other Site or in a networked computer environment for any purpose is strictly prohibited.
You may not use the Site in order to transmit, distribute, store or destroy material in violation of applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or in a manner that is defamatory, obscene, threatening, abusive or hateful.
Specific Prohibited Usesinclude but are not limited to:
Posting non-project and/or non-customer skills and availability information such as opinions or notices, commercial or otherwise, or any inappropriate information such as profanity or pornography.
Deleting, altering, or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure.
If you have a password allowing access to a non-public area of this Site, disclosing or sharing your password with any unauthorized third parties or using your password for any other unauthorized purpose.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
accessing data not intended for such user or logging into a server or account which user is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. |
