eMotor.ca's Terms and Conditions



By accessing or using this web site, you accept these Terms of Use.

This is a legal agreement (the "Agreement") between you, the user , and eMotor.ca (www.eMotor.ca) located in Vancouver, BC, Canada. In the case of any violation of these Terms and Conditions, The founder of eMotor.ca reserves the right to seek all remedies available by law and in equity for such violations.

1. RIGHTS, RESPONSIBILITIES. eMotor.ca grants you a non-transferable, non-exclusive license to access this web site and to view and download information contained at this web site (collectively, the "Site"), solely for your own personal, non-commercial use, subject to your ongoing compliance with all terms of this Agreement. You agree to be responsible for all access of this Site by your equipment or account, whether by you or others. You are also solely responsible for providing and maintaining all equipment, software and services needed to access and use the Site. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, or transfer the Site or use it in any manner not expressly authorized by this Agreement. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of the Site. You agree not to use the Site to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and eMotor.ca retain all, ownership rights in the Site.

2. EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Site. Due to its large size and complexity, the Site may contain inaccuracies, omissions, errors or other defects. eMotor.ca and its employees do not warrant that the Site will meet your needs or expectations, that the Site will be error free or uninterrupted, that errors can or will be corrected, that the Site is reliable or timely, or that any information on the Site will provide any particular results or usefulness. eMotor.ca and its employees reserve the right to make changes and improvements to, or discontinue, the Site or any part thereof. Further, eMotor.ca does not represent that the Site is appropriate or authorized for use in all countries, provinces (states), or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the Site.

eMotor.ca AND ITS EMPLOYEES MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT SHALL eMotor.ca OR ITS EMPLOYEES BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER eMotor.ca OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT eMotor.ca AND ITS EMPLOYEES' LIABILITY SHALL NOT EXCEED $1 CANADIAN. Some provinces (states) do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal law, or by any province or local law, which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights, which vary from province to province or state to state.

3. SUBMITTED INFORMATION. You agree not to submit to the Site any information that infringes upon or violates the privacy, rights, trademarks, copyrights or other intellectual property rights of others, anything that is illegal, defamatory, obscene, harassing, offensive, objectionable or sexually explicit, that encourages a violation of the law, that contains a virus, that is off-topic, or, without eMotor.ca’s permission, that contains any solicitation or advertising. You agree to indemnify and hold harmless eMotor.ca from any damages and costs, including without limitation court costs and attorneys' fees, arising from your use of the Site. By submitting information to the Site, you grant eMotor.ca the royalty-free, perpetual, irrevocable, non-exclusive right to use, edit, copy, modify, adapt, combine, incorporate, publish, publicly perform, translate and distribute all or part thereof in any form and for any purpose whatsoever, and you also permit other users of the Site to use that information subject to the rules of the Site. eMotor.ca shall have the right, but not be obligated to, monitor the Site to determine users' compliance with this Agreement and applicable laws. eMotor.ca shall have the right in its sole discretion to not publish or remove any submitted information.

4. THIRD PARTY INFORMATION. The Site may contain information submitted by third parties, including without limitation users and suppliers, and may also contain links to third party sites. Those third parties are solely responsible for the content, accuracy and originality of the information they submit. eMotor.ca has no more control over such third party content than does a public library, newsstand, or bookstore, and eMotor.ca is not responsible for such third party content. eMotor.ca do not evaluate or endorse any third party information. It is your responsibility to evaluate all information provided on the Site, or to obtain specific professional advice.

5. COPYRIGHT, TRADEMARKS. This Site compilation and all portions authored by eMotor.ca are Copyright © 2001,2003 eMotor.ca, CsLdigital Design, Edmonton, Alberta, Canada. All rights reserved. Those respective third parties own portions of the Site authored by third parties who have licensed their material to eMotor.ca. You agree not to alter or remove any copyright notice or proprietary legend at Site.

eMotor.ca logo is property of eMotor.ca, CsLdigital Design and could not be used without permission. Other products or names may be the trademarks of their respective owners.

6. MISCELLANEOUS. This is the exclusive and entire Agreement between eMotor.ca and you regarding its subject matter. You may not assign any part of this Agreement without eMotor.ca's prior written consent. The internal laws of Alberta and British Columbia shall govern this Agreement without reference to choice of law principles. eMotor.ca may terminate or restrict your use of the Site at any time without notice if eMotor.ca believe you have not fully complied with this Agreement. Further, either party may terminate this Agreement at any time without cause; upon termination for any reason, your obligations under this Agreement shall continue, except that you agree to no longer access or use the Site. You consent to exclusive jurisdiction and venue in the courts of Vancouver, British Columbia or the courts of Edmonton, Alberta for all matters arising out of or related to this Agreement or the Site. You understand that eMotor.ca may comply with law enforcement requests or subpoenas regarding your use of the Site. eMotor.ca reserves the right to modify the terms of this Agreement at any time by posting the new terms on the Site, which modifications shall take place immediately. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any prior or subsequent breach or default. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect and the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that effectuates the intent of the original provision. eMotor.ca 's suppliers, licensors, affiliates, subsidiaries, employees and agents shall be third party beneficiaries of eMotor.ca's rights under this Agreement. All rights not granted expressly by this Agreement are reserved.

7. RESERVATIONS SERVICE. You represent and warrant that you are of legal age to enter into this Agreement and use the Site pursuant to this Agreement, and that the information you submit will be true and accurate. You agree to pay for all goods and services that you, or others using your account, order through the Site, and to pay any taxes levied on your use of the Site or your transactions on the Site, except for those based on eMotor.ca's annual net income. Additional terms and conditions may apply to your purchase via the Site of goods and services from third parties, and you agree to fully comply with those third parties' terms and conditions.

8. PRIVACY POLICY. eMotor.ca understands that the protection and security of your account information, and any other information that is personally identifiable, is of utmost importance. Personally identifying information from users is collected only when the user fills out the registration form, or in other site locations when users knowingly submit such information to eMotor.ca (for example, when completing surveys etc.)

We may disclose to third parties certain aggregate information contained in your registration data or related data, provided that, such information will not include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Agreement.

eMotor.ca may send you emails regarding special offers available or other useful information. If you do no wish to receive these emails, you may send us an email asking not to receive emails.

As do most major web sites, this Site may use cookies. Cookies are information from the Site that is stored on your hard drive. Cookies save you time because you do not need to manually reenter the information stored on your hard drive. Cookies also help eMotor.ca upgrade the Site by showing when and how users utilize the Site.

Cookies do not by themselves contain any personally identifying information, but may be combined by eMotor.ca with other personally identifying information already submitted. Some third parties on the Site (such as advertisers) may send cookies to your hard drive, and such third party cookies are subject to the policies of those third parties.  
 
Your web browser in its default mode probably accepts cookies from this Site and all others. If you wish, you can usually change the setting so that your browser does not accept cookies. However, the Site may not function correctly.

9. LISTING. All vehicles advertised in emotor.ca's listing service are provided by the car dealers or private seller. eMotor.ca provides the listing service without representations or warranties of any kind either expressed or implied.

Vehicle option and pricing are subject to change. Information provided by sellers is believed accurate but specifications, pricing, and availability must be confirmed with the dealer in writing. All prices and specifications are subject to change without notice. Prices shown may not include any taxes, any registration fees, any finance charges, and any dealer service charge, you the customer/buyer should contact the seller directly to be assure.

eMotor.ca will not be liable for any false information and fault transaction between you the customer and the seller.

10. INDEMNITY. You hereby agree to indemnify, defend and hold harmless eMotor.ca and the employees, members, officers, directors, consultants, lawyers and owners of eMotor.ca, from any and all third party claims, liability, damages or costs they incur arising as a result of your misuse of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of eMotor.ca or any person or entity.

If you do not agree to be bound by the above terms and conditions then please leave this site immediately by either clicking the back button until you leave this site or simply close the browser.

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