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WEBSITE TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of leasebusters.ca and leasebusters.com (collectively the “Website”) is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). By using the Website, you signify your acceptance of, and agreement to, these Terms and Conditions and agree that these Terms and Conditions constitute a valid and binding contract between you, the user, and Lease Busters Inc.

Lease Busters Inc (“Lease Busters”) may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Website. Your continued use of the Website signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.  

Ownership

The Website, its design, computer code, all text, graphics, content, video, audio and the selection and arrangement thereof (collectively referred to as “Website Content”) are the property of Lease Busters, and/or its third party providers (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the Website Content found on the Website may be reproduced, republished, distributed, displayed, copied, sold, transferred, or modified without the express written permission of Lease Busters and/or the applicable Third Parties and as permitted by these Terms and Conditions.

Lease Busters, leasebusters.ca, leasebusters.com, and all other Lease Busters related trademarks and design marks displayed on the Website (collectively, the “Trademarks”) are registered and common law trademarks of Lease Busters. Other trademarks and design marks appearing on this Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Lease Busters or such other party that may own the applicable trademarks.

Use of Website

Neither the Website nor the Website Content  may be, in whole or in part, copied, reproduced, “mirrored” on a server, republished, uploaded, posted, transmitted, distributed, sold, rented, licensed, sub-licensed, in whole or in part, without the written permission of Lease Busters, except that Lease Busters grants you a non-exclusive non-transferable, revocable license to use the Website and the Website Content via download, display and print the Website Content presented on the Website for your own personal and non-commercial use only. You must not, directly or indirectly, print, copy, reproduce, save, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Website or Website Content for any public, commercial or non-personal purpose.  Unauthorized use of the Website and/or the Website Content contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the Website Content on this Website. The use of such Website Content on any other web site or in any environment of networked computers is prohibited.

The Website Content on the Website may not be, except as permitted within the immediately preceding paragraph, copied or reproduced, modified or altered in any respect, merged with other data, disseminated in any form, entered into a computer database, used as part of or in connection with a mailing, tax or email list, or otherwise utilized in any form or manner, in whole or in part.  The prohibited uses include, but are not limited to, “screen scraping”, “database scraping” and any other activity intended to copy, collect, store, reorganize, re-display or manipulate the information and Website Content contained on this Website.

You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Website: (1) constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law; (2) which is protected by copyright, or other intellectual property right, or derivative works thereof, without obtaining permission of the copyright holder; or (3) otherwise use this Website or the Website Content in a manner which is contrary to law or electronic etiquette, or which would adversely impact use of the Website or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.

In its sole discretion, in addition to any other rights or remedies available to Lease Busters and without any liability whatsoever, Lease Busters at any time and without notice may terminate or restrict your access to any component of the Website.

User name and password

Your Website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. Lease Busters recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Lease Busters, and may be cancelled or suspended at any time by Lease Busters without any notice or liability to you or any other person. Lease Busters is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Lease Busters of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Privacy

You have read the Lease Busters Privacy Policy, the terms of which appear on the Website and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Lease Busters and/or Third Parties in accordance with the terms of and for the purposes set forth in the Lease Busters Privacy Policy.

Liability disclaimer

Except as explicitly provided in these Terms and Conditions as amended from time to time, Lease Busters and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Website and/or any Website Content provided on the Website, all of which are provided on an “as is” and “as available” basis.  Although reasonable efforts are used to ensure that the Website and Website Content will be current and will contain no errors or inaccuracies, information contained on the Website may contain typographical or other errors.

Lease Busters and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the Website Content or data found on the Website, and expressly disclaim all warranties and conditions in respect of the Website, Website Content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

The Website acts as a venue, among other things, for lessors to post vehicles available for lease takeover and potential lessees to post contact information signaling interest in leasing a vehicle.  Lease Busters does not independently verify the listings offered.  As a result, Lease Busters has no control over the quality, safety or legality of the vehicles posted, the truth or accuracy of the listings, or the ability of potential lessees or buyers to assume leases or purchase vehicles.  In addition, there may be risks of dealing with strangers or persons acting under false pretences.  You assume all risks associated with dealing with other users with whom you come in contact through the Website.

Lease Busters and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video, audio, or Website Content from the Website.

In no event shall Lease Busters or any of the Third Parties, nor their respective directors, employees, agents, representatives, successors and assigns, be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or Website Content found herein, the operation of the Website, or any failure or delay in the operation of the Website (including, but not limited to the inability to use any component of the Website for purchases) even if advised of the possibility of damages.  In any event, you agree that Lease Busters’ aggregate liability for damages shall be limited to $100.00.

Indemnification

You shall indemnify and save harmless Lease Busters and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Website or your reliance on the Website Content or any violation of these Terms and Conditions by you or users of your account.

Changes

Lease Busters reserves the right to change, update, delete or remove any content from the Website, in whole or in part, at its sole discretion, at any time, without notice.

Links

The Website contains links to web sites owned or operated by other entities which are not associated or affiliated with Lease Busters or the Third Parties. Lease Busters is not responsible for the accuracy, reliability or currency of the information provided by external sources. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Lease Busters or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Lease Busters and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk.

Frames

Framing of the Website or any of the Website Content in any form and by any method is strictly prohibited.   Links to the Website must result in a new, fully functional, full screen browser window occupied solely by the pages created by the Website.

Additional terms

Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on the Website.

Severability

 

In the event that any part of a provision(s) of these Terms and Conditions is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by the adjudicating body, be applied to the fullest extent possible and shall be read-down only to the extent absolutely necessary to comply with applicable law.  If any provision(s) of these Terms and Conditions is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the remainder of these Terms and Conditions.  The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Jurisdiction

 

Lease Busters is a corporation under the laws of Ontario.  The Website is physically maintained and operated by Lease Busters within the Province of Ontario, Canada.   This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and shall be treated as an Ontario contract without reference to the principals of conflicts of law.  All disputes arising from or in connection with the Website or Website Content shall be subject to the jurisdiction of the courts of the Province of Ontario. You attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate any legal proceeding arising out of or in connection with the Website or Website Content.  Any disputes shall be submitted to the non-exclusive jurisdiction of the Courts of Ontario. 

 

Language

 

In case you are a visitor to this Website who reads, accepts, and agrees to the French language version of these Terms and Conditions, you confirm and acknowledge that the English language version of these Terms and Conditions will govern in the event of any inconsistency between the English and French versions.

Miscellaneous

Lease Busters reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. Lease Busters’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

 © Lease Busters Inc. 2008. All rights reserved