A. These terms of use ("Terms of Use") apply to your access and use of ww.canadianblackbook.com (the "Website"). This Website is owned by Hearst Business Media ("HBM") and operated under licence by Wm. Ward Publishing Ltd. ("WWP"). WWP has the right at any time to change, alter, add and/or remove portions of the Terms of Use by updating the contents of this page. You are advised to periodically visit this page and review current Terms of Use. WWP, at its sole discretion, and without prior notice reserves the right to alter or discontinue any aspect or feature of this Website, including but not limited to, the content, equipment and software needed for access or use, and minimum equipment and software requirements of this Website.
B. This Website contains information for and is designed for use in Canada and for those requiring Canadian vehicle information. If you access this Website outside Canada, you will hold WWP harmless in the event that accessing information on the Website is in violation of your local laws. Exporting information from the Webiste is subject to all export laws and you will hold WWP harmless should any export of information from the Website be considered as a violation to local laws.
A. This Website and its contents are protected by Canadian copyright laws and other applicable laws and provisions of countries throughout the world, and are owned by WWP, any of its affiliates (collectively, the "WWP Companies"). Under no terms, implied or expressed, may you directly or indirectly (i) modify, enhance, alter or in any way change the Webste or prepare derivative works from the Website; (ii) reverse engineer, decompile or disassemble the Website; or (iii) tamper with, obstruct, conceal, modify, manipulate, alter, transmit, remove or destroy any material contained within the Website, including any copyright, patent, trademark, confidentiality notices other items which may be consider intellectual property, placed upon or contained within the Website.
B. The foregoing provisions of Section 2 are for the benefit of WWP, and the WWP Companies, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
A. THE WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY WWP ON AN "AS IS" AND "AS AVAILABLE" BASIS. WWP MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WWP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
B. You expressly agree that use of this Website is at your sole risk. Neither WWP, the WWP Companies, nor any of their respective employees, agents, or licensors warrant that this Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Website, or as to the accuracy or reliability of any information, service, or merchandise provided through this Website.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that WWP is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
D. IN NO EVENT WILL WWP, THE WWP COMPANIES, THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS EVEN IF WWP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICE AVAILABLE THROUGH THIS WEBSITE THAT IS DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THIS WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ACCORDINGLY, THE LIMITATION AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL WWP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree to hold harmless and indemnify WWP, the WWP Companies, and their respective directors, officers, employees, and agents from and against all claims, actions, demands, damages, costs, liabilities, losses, and expenses made by any third party due to and from use of this Website, your connection to this Website, your violation of these Terms of Use, or your violation of any rights of another person or entity relating to the Website.
A. The Website may provide links to other websites and access to content, products and services from third parties, including information providers and users. All third party websites linked to or from this Website are independently operated and maintained and you expressly agree that WWP is not responsible for the availability of, and content provided on third party websites. YOU AGREE THAT WWP IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED FROM DEALING WITH A THIRD PARTY ASSOCIATED WITH THE WEBSITE.
B. By providing links to third parties within the Website, WWP does not offer a recommendation and/or endorsement of third party content, products and services or of the contents of any linked sites and any products and/or services appearing on and/or provided through such linked sites. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the linked sites and WWP.
These Terms of Use and any other rules, guidelines, licenses and disclaimers posted on the Website constitute the entire agreement between you and WWP with respect to your use of this Website. You agree that the statutes and laws of Canada, without regard to its conflict of laws rules, shall govern all matters relating to your access to, or use of, this Website. You agree to submit to the exclusive personal jurisdiction of Canada, and agree that venue is proper in any court located in Ontario, Canada. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible as to effect the intent of the parties as reflected by that provisions, and the remainder of the Terms of Use shall remain in full force and effect. Any failure by WWP to enforce or exercise any provisions of these Terms of Use or related right shall not constitute a waiver of that right or provision. The section headings used herein are for convenience only and shall not be given any legal import.
To the fullest extent permitted by law, English shall be the governing language of these Terms of Use. The translation is supplied for your convenience only, and you can access the English version by returning to the Home page and clicking on the link pertaining to the Terms of Use at the bottom of the page. In case of discrepancy or litigation, the original official English version of these Terms of Use will prevail.