Terms and Conditions of Use Agreement
This Power Sport Services Services website (the “Website”) is provided by 8061246 Canada Inc. By accessing or using the Website, you agree to comply with and be bound by the following terms and conditions of use (the “Terms and Conditions”) which govern your access to and use, including any content, functionality, and services offered on or through the Website. Please review the following Terms and Conditions carefully. If you do not agree to the Terms and Conditions, you should not use this Website. The terms “Power Sport Services” or “us” or “we” or “our” refers to. 8061246 Canada Inc., the owner of the Website. The term “you” refers to the user or viewer of our Website.
- Acceptance of Agreement
- Intellectual Property
The Website and its contents, features and functionality, including but not limited to all information, organization, graphics, design, compilation, software, code, text, displays, photographs, video, audio (the “Website Content”), are owned by Power Sport Services, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary (including but not limited to intellectual property) rights.
The Power Sport Services business name, domain name, trademarks, including but not limited to POWER SPORT SERVICES Design and POWER SPORT SERVICES, and all related names, logos, product and service names, designs, images and slogans are trademarks of Power Sport Services or its affiliates or licensors. Other names, logos, product and service names, designs, images and slogans which appear on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
The copying, redistribution, use or publication or transmission by you of any Website Content, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website by us does not constitute a waiver of any right in such information and materials. Some of the content on the Website is the copyrighted work of third parties.
- Personal Use
All Website Content is available for your personal use for non-commercial purposes. It is prohibited to use the Content on the Website for commercial or advertising purposes without the written consent of Power Sport Services.
- Restrictions and Prohibitions on Use
We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
- Third Party Websites
This Website may contain links to third party web pages or websites (“Third Party Websites”). We make no representations about any other websites that may be accessed from this Website. Power Sport Services has no control over any Third Party Websites and cannot make any declaration whatsoever concerning the quality, accuracy, security or other attributes of the content or information posted on the Third Party Websites. The fact that Third Party Websites are identified on the Website should not in any way be interpreted as an endorsement by Power Sport Services or expose Power Sport Services to any liability whatsoever. Power Sport Services shall not be held liable for any loss or damages arising from the use of Third Party Websites.
- Errors, Corrections and Changes
We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
The content of the Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain specific or professional advice before taking, or refrain from, any action or inaction on the basis of the content on the Website.
Your use of the Website is at your own risk and Power Sport Services has no responsibility or liability whatsoever for your use of the Website.
The Website includes content provided by third parties, including from other users and third party licensors. All statements and / or opinions expressed in any such third party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Power Sport Services and Power Sport Services is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.
- Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties“) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
Your right to use the Website is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND ITS CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL OF SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PRORIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.
- Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Website, its Content or any services or products obtainable therefrom, (b) the unavailability or interruption of the Website or any features thereof, (c) your use of the Website, or (d) the Content contained on the Website.
12. Use of Information
- Third-Party Services
We may allow access to or advertise certain third-party product or service providers (“Merchants“) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
- Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant Websites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- Legal Compliance/Choice of Law
the Website and this Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to any conflict of law principles. Any dispute shall be settled in the Courts located in the City ofToronto, in the Province of Ontario, though the foregoing shall not limit our ability to seek injunctions and remedies in other jurisdictions that are required to stop breaches of this Agreement by you.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be transferred to a third party as part of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, the terms of this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.