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
