Terms and Conditions of Use
This website (the “Site”) and the services offered through this Site are provided by Crackmasters Canada doing business as “rackmasters” (“we“, “us” or “our“) for the use of individual users. All rights not expressly granted to users under these Terms are hereby expressly reserved by Crackmasters, and any additional uses of the Site or its contents require our prior written permission. For further information please contact email@example.com.
These terms and conditions (“Terms“) govern your (“user“, “you” or “your“) use of the Site and our services, as well as any content downloaded from or accessed through the Site, and constitute a legal contract between you and Crackmasters Canada. Please read these Terms in their entirety because your use of the Site, other than to review these Terms, signifies your consent to be legally bound by and to comply with these Terms. If you do not agree with these Terms, you may not access or use the Site or use our services.
These Terms were last updated on June 30, 2014. At any time without notice or liability, and for any reason, we may update, change, suspend or terminate any aspect of these Terms or the Site. Please consult these Terms each time that you use the Site. Your continued use of the Site for 15 days or more following the posting of changes to these Terms will mean that you accept and agree to those changes. Notwithstanding the above, unless otherwise required by law, any application that you submit to us will continue to be governed by the version of these Terms in effect at the time that the application is submitted.
Subject to your compliance with these Terms, Crackmasters Canada grants you a limited, personal, non-exclusive, non-transferable license to use the Site and our Content (as defined below) solely for the purpose of viewing, storing, processing and downloading information for personal use in connection with your use of our services.
Except as expressly permitted in these Terms, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, sublicense, commercialize, communicate, broadcast or otherwise make available the Site or any Content, or other information and materials obtained through or in connection with the use of the Site, including without limitation, by caching, framing, deep-linking or similar means.
User Content; Rights to Unsolicited Comments and Ideas
All information, data, text, graphics, images, video, messages, ideas, reviews, opinions, questions, suggestions and other materials (“Content“) that are posted, e-mailed, transmitted, uploaded or otherwise submitted through your use of the Site or our services are submitted at your own risk and are your sole responsibility. If you are posting Content belonging to or generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms. You should not submit any Content that may cause harm or injury to any party. Do not publicly disclose any personal information about yourself or others.
Except in the case of any Feedback (as defined below), you or a third party licensor retain all intellectual property rights in any Content that you submit. By submitting any Content, whether on your own behalf or on behalf of another party, you hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, disseminate, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content, without compensation or obligation to you or any other party. The rights granted hereunder may be freely assigned or sub-licensed by us to any party.
If you submit any unsolicited ideas, comments or other feedback (“Feedback“) to us regarding the Site or our services, you agree that such Feedback (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such Feedback. For greater certainty, you agree that Crackmasters Canada and its affiliated companies may use (or not use) and exploit any Feedback in any way at their discretion, without compensation or obligation to you or to any other party. You hereby waive all “moral rights” in and to any Feedback and other Content that you submit.
You agree that you are responsible for your own conduct when using the Site and our services. Misuse or unauthorized use of the Site, its contents, Crackmasters Canada’ services, network and systems, or of any information, forms, images or other materials on the Site is strictly prohibited and Crackmasters Canada reserves the right, at its sole discretion and without liability or prejudice to any other remedies that it may have, to immediately suspend or terminate access by any user who is using, or who Crackmasters Canada reasonably believes is using the Site or its services in violation of these Terms. You agree that you will use the Site (including contents) and the services only in ways that are legal, proper and in accordance with these Terms, accepted Internet protocol, and applicable rules, policies and guidelines. Without limiting the generality of the foregoing, by using the Site, you agree not to:
- use the Site, its contents or our services for any commercial activities not authorized by Crackmasters Canada, including for advertising, soliciting or otherwise promoting the sale or other distribution of products or services;
- interfere or attempt to interfere with, or obtain unauthorized access to, Crackmasters Canada’ or its Third Party Content providers’ content, data, computers, systems or system security;
- upload, post, distribute, e-mail or otherwise publish or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of
- unauthorized commercial communication, or to “hack” or “phish” us or other users;
- solicit or otherwise attempt to collect, discover, store or disseminate passwords, personally identifying information, or other non-public information from Crackmasters Canada or other users;
- submit false information on any application or otherwise attempt to defraud Crackmasters Canada, its dealers or other third party service providers;
- defame, abuse, threaten or otherwise violate the legal rights of others, including rights regarding privacy and publicity;
- download any file posted by someone else that you know, or should reasonably know, cannot be legally distributed;
- impersonate anyone else, or create user accounts by automated means or under false pretences;
- remove any copyright, trademark or other proprietary rights notices from our materials, or from materials created by others, without prior permission;
- submit Content that falsely expresses or implies that it is approved or endorsed by us or others;
- upload, post, distribute, e-mail or otherwise publish or make available any Content that you know to be inaccurate, or that is illegal, libelous, defamatory, obscene, harmful, vulgar, sexually explicit, threatening, tortuous, harassing, abusive, invasive of another user’s privacy, hateful, racially or ethnically objectionable, which promotes physical harm or injury against any person or group, or which violates any obligations that you or any other party has pursuant to contractual or fiduciary relationships;
- upload, post, distribute, e-mail or otherwise publish or make available any material that contains software viruses or any other computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or system, website, application, telecommunications, or other equipment; or
- otherwise use the Site or our services in a manner that could, in Crackmasters Canada’ opinion, adversely affect the ability of other users to use the Site, any content, our services, the Internet, or any sites or services supplied by our third party partners.
We may, but are under no obligation to, pre-screen or monitor any Content other than our own. We reserve the right, but do not assume the obligation, to remove postings, and/or to ban users who violate these Terms from using the Site or our services. Except where prohibited by law, we also reserve the right to reveal users’ identities (or any other information that we may know about users, including IP address(es) in the event of a complaint or legal action, including a request by law enforcement authorities. Crackmasters Canada assumes no liability or responsibility for any unauthorized modifications to the Site, or for any information posted, uploaded or otherwise added to the Site by any party other than Crackmasters Canada.
You understand that by using the Site or our services, you may be exposed to Content that is incomplete, inaccurate, high risk, unlawful, offensive or objectionable. Under no circumstances will we be liable in any way for any loss, damage or injury (including, but not limited to, death or economic loss) related to, or arising from the use or loss of, any Content (whether yours, ours or someone else’s) including, but not limited to, as a result of any errors or omissions in any Content or on the Site.
Third Party Content, Services, Dealings & Disclaimer
Crackmasters Canada provides the Site to you as a service, which allows you to apply for automotive financing. You understand and agree that the submission of an application to us does not constitute preapproval of credit and is not an application for credit. Crackmasters Canada does not arrange for or facilitate credit, nor is it engaged in leasing or selling vehicles.
Crackmasters Canada is merely a distributor, and not a publisher, of any services, advertisements or other content offered or supplied by third parties that is accessed via the Site or otherwise through your use of our services. Crackmasters Canada does not have administrative or other control over such third party products and services, offers no warranties or representations, and accepts no responsibility or liability in respect of any third party products or services, or a user’s use of them. In any transactions or proposed transactions with third parties, including motor vehicle dealerships and credit organizations who you have come in contact with through the use of the Site and/or our services, you agree that Crackmasters Canada is not the seller or provider. Your agreement to purchase any products or services from a third party or to otherwise enter into negotiations or transactions with a third party is solely between you and the third party, and not us. Under no circumstances will Crackmasters Canada be responsible or liable for any loss or damage of any kind incurred as a result of, or in connection with, any discussions, negotiations, correspondence, agreements or other business dealings by you with any third parties, including any dealers, credit organizations or advertisers found on or through the use of the Site, and including payment for and delivery of related goods and services.
Without limiting the generality of the foregoing, Crackmasters Canada does not guarantee that any particular vehicle or automotive product shown on the Site or in our advertisements is available for sale by a motor vehicle dealership in your geographic area or, even if that item is available, that you will be qualified to purchase it. Availability of any products or financing options (if any) is solely within the control and discretion of the local entity, if different, and will be subject to such terms and conditions as they may determine. Further, you acknowledge and agree that Crackmasters Canada does not guarantee the products or services of any of the persons or organizations to whom we provide your personal information, or that any person or organization will offer or provide you with products or services at any rate or at all.
The Site may contain hyperlinks to other web sites (“Linked Sites“) that have been developed by advertisers and other third parties, which are not under the control of Crackmasters Canada. Crackmasters Canada provides hyperlinks to the Linked Sites as a convenience only, and their inclusion does not imply warranties, representations, endorsements, approvals, verification or investigation by Crackmasters Canada or its agents of the Linked Sites, or of any products or services offered on or through the Linked Sites. Further, Crackmasters Canada is not responsible for the contents of the Linked Sites, and is not acting as a publisher or disseminator of information or materials contained on any Linked Site or any hyperlink contained on a Linked Site. You acknowledge that the use of Linked Sites may be subject to terms and conditions contained on those Linked Sites, and you agree that you are solely responsible for your use of any Linked Site.
Our Intellectual Property Rights
The Site, our services, and any Content and other information and materials created or supplied by us, and the selection and arrangement thereof, are owned by us (or our third party licensors) and are protected by Canadian and international copyright and other intellectual property laws and treaty provisions.
“CRACKMASTERS” and other trademarks and design marks, trade dress, domain names, service names, logos and associated designs used in connection with the Site or our services are trademarks and/or registered trademarks of Crackmasters Canada and/or its affiliates, licensors, or related companies, and may not be used, copied, or imitated, in whole or in part, without our prior written permission. All other products, brand and company names and logos used or mentioned on the Site, any listings or other Content accessed through the Site or the use of our services, may be the trademarks (registered or unregistered) of their respective owners. The use of any trademarks without the express written consent of the owner of the trademark is strictly prohibited. You will not remove, alter or conceal any trademark or other proprietary rights notices incorporated into or accompanying the Site, any of our Content or any other information or materials accessed through the Site or the use of our services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
(A) THE SITE AND OUR SERVICES PROVIDED TO YOU FOR YOUR PERSONAL USE IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE SITE, INCLUDING ANY LINKS OR CONTENT, AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, OUR SERVICES, OUR CONTENT, AND ANY OTHER INFORMATION AND MATERIALS THAT WE MAKE AVAILABLE TO YOU IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT A PARTICULAR RESULT (OR ANY RESULT) WILL BE ATTAINED THROUGH THE USE OF OUR SERVICES.
(B) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (I) THE SITE, OUR SERVICES, OR ANY CONTENT, LINKED OR RELATED WEBSITES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS, (II) THAT VEHICLE FINANCING, OR ANY OTHER PRODUCTS OR SERVICES, WILL BE AVAILABLE TO YOU; (III) THE USE OF THE SITE OR ANY CONTENT, LINKED OR RELATED WEBSITES OR OTHER MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OUR SERVICES, OR ANY CONTENT WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL, (V) THE QUALITY OF ANY PRODUCTS, SERVICES, PROGRAMS, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU THROUGH YOUR USE OF THE SITE OR OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (VI) ANY ERRORS IN THE SITE, CONTENT OR OTHER MATERIALS WILL BE CORRECTED.
(C) ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM OR DAMAGE, INCLUDING (BUT NOT LIMITED TO) DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. CRACKMASTERS CANADA EXPRESSLY DISCLAIMS RESPONSIBILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR SOFTWARE, COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES) OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE OR ASSOCIATED WEBSITES, OR FROM USING OR DOWNLOADING ANY INFORMATION, DATA, TEXT, SOFTWARE, PHOTOGRAPHS, GRAPHICS, IMAGES, MESSAGES, IDEAS OR OTHER CONTENT.
(D) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH YOUR USE OF THE SITE OR OUR SERVICES, SHALL CREATE ANY WARRANTY OR OTHER LIABILITY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH THE SITE OR OUR SERVICES, OR WITH ANY RESULTS OBTAINED THROUGH THEIR USE, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR SERVICES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE SITE, OUR SYSTEMS, ANY CONTENT, OR ANY MATERIALS, PRODUCTS, SERVICES, OFFERINGS OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES; (II) ANY ERRORS OR OMISSIONS IN THE SITE OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SITE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, DATA AND/OR PERSONAL OR FINANCIAL INFORMATION; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITE; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR OUR SERVICES. YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE USE OF THE SITE AND OUR SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT WE HAVE ENTERED INTO THIS AGREEMENT WITH YOU, AND HAVE AND WILL MAKE THE SITE AND OUR SERVICES AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THE AGREEMENT BETWEEN YOU AND US.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and, accordingly, some or all of the above limitations may not apply to you. In such jurisdictions, you agree that our liability shall be limited to the greatest extent permitted by applicable law.
You may discontinue your use of the Site and/or our services at any time, for any reason or for no reason.
In addition to any other termination rights that we may have, we reserve the right to modify, suspend, discontinue or terminate the Site or any party’s ability to access or use the Site, our services, our materials or other Content, at any time and for any reason (or no reason), including any breach by you of these Terms.
Upon termination, you will have no further right to use the Site or our services, and any rights and licenses granted to you under these Terms will terminate. Termination or other discontinuation of your use of the Site or our services will not relieve you of any obligations arising prior to termination regarding the use and protection of intellectual property or confidential information, ownership, or indemnification nor will it relieve you of any liability for any breach of these Terms. Upon termination (subject to always to applicable laws) we will have the right, but not the obligation to retain any Content or other information that you have submitted.
Governing Law/Jurisdictional Issues
The Site originates, and is owned by parties having operations in the Province of Alberta and elsewhere in Canada. These Terms will be interpreted, construed and governed by the laws in force in the Province of Alberta, and the federal laws of Canada applicable therein, without reference to its conflicts of laws principles. Each party hereby agrees to submit to the exclusive jurisdiction of the courts of the Province of Alberta sitting at Edmonton, and to waive any objections based upon venue. You agree that any claim or action brought by you in connection with these Terms or your use of the Site or our services shall be brought within twelve (12) months of the first occurrence of the loss or damage on which the claim is based.
Use of this Site and our services are available only to residents of Canada who have attained the age of majority in their province of residence. Any products and service offered through the Site are offered only in jurisdictions where they may be legally offered, and are offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules and regulations governing your use of the Site and our services.
These Terms contain the entire agreement between you and us governing your use of the Site and our services. The legal agreement created by your acceptance of these Terms is personal, and cannot be transferred or assigned by you. We may assign this agreement and/or any of our rights or obligations under these Terms at any time.
Our failure to exercise or enforce any right or remedy under these Terms shall not constitute a waiver of such right or remedy.
No use of the Site, any Content or our services shall create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship, even if your use is for a commercial purpose which has been authorized by us. You and Crackmasters Canada shall, at all times, be and remain independent contractors.
The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions shall remain in full force and effect.
Crackmasters Canada may communicate with you by email or by posting notices on the Site. Unless expressly prohibited by law, you consent to receive communications from Crackmasters Canada electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You further agree that these Terms, and all correspondence and documentation relating to these Terms and your use of the Site, shall be written in the English language. Vous acceptez que ces terms d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.
If you wish to contact us with any questions, comments or concerns regarding these Terms, the Site or our services, or to provide any notice pursuant to these Terms, please contact us at firstname.lastname@example.org or by telephone at 1-888-349-2729.