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Welcome to the Dontbuyalemon.ca website (the “Website”). This Website is provided solely to assist people in gathering automotive information, posting opinions of automotive related issues, engaging in interactive automotive blogs and for no other purposes. The terms “we”, “us”, “our” and “Dontbuyalemon” refer to Vehicle Gateway Corporation, a Toronto based corporation. Vehicle gateway Corporation owns and operates Dontbuyalemon.ca. The term “you” refers to the user visiting the Website, utilizing the Website to obtain third party ratings and reviews, and/or contributing content on this Website via the Blog.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Dontbuyalemon.ca account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our website. Dontbuyalemon.ca does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
· (i) use this Website or its contents for any commercial purpose;
· (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
· (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
· (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· (v) deep-link to any portion of this Website for any purpose without our express written permission; or
· (vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
· (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Dontbuyalemon.ca in connection with the Website or the services
PRIVACY POLICY
Dontbuyalemon.ca believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of Dontbuyalemon.ca, to understand our practices.
DIRECTORY - REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, ratings/reviews of any listed agent(s), postings on this Website or otherwise, including any automotive reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Dontbuyalemon.ca and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Dontbuyalemon.ca may choose to provide attribution of your comments or reviews at our discretion. You further grant Dontbuyalemon.ca the right to pursue at law any person or entity that violates your or Dontbuyalemon.ca’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain blogs, discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automotive businesses and experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If Dontbuyalemon.ca provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial/state, national or international law
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Dontbuyalemon.ca;
e. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
f. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Insurance Numbers/Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content or links to content that, in the sole judgment of Dontbuyalemon.ca, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose Dontbuyalemon.ca or its affiliates or its users to any harm or liability of any type.
Dontbuyalemon.ca takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Dontbuyalemon.ca liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Dontbuyalemon.ca is not liable for any statements, representations or Content provided by its users in any blog, public forum, personal home page or other Interactive Area. Although Dontbuyalemon.ca has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Dontbuyalemon.ca reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Dontbuyalemon.ca or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Dontbuyalemon.ca, and its licensees, successors and assigns, from any claims that you could otherwise assert against Dontbuyalemon.ca by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Dontbuyalemon.ca 's systems and customers, or to ensure the integrity and operation of Dontbuyalemon.ca 's business and systems, Dontbuyalemon.ca may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Dontbuyalemon.ca 's right to disclose any such information shall take precedence over any terms of Dontbuyalemon.ca 's Privacy Policy.
AUTOMOTIVE DIRECTORY – 3rd PARTY BUSINESSES
Although most visits to the businesses listed with the directory, including any and all listings, go without incident, usage of certain businesses may involve greater risk than others. Dontbuyalemon.ca urges people to investigate and review these businesses thoroughly. We make NO claim whatsoever to the accuracy of the information contained within the listings, including but not limited to, the accuracy of the ratings and reviews and their “5-star” rating system.
By listing information relevant to automotive businesses within the directory, Dontbuyalemon.ca does not represent or warrant that usage of the products and/or services is neither advisable nor reccommended, and is not liable for damages or losses that may result from visiting and making use of the products and/or services of the businesses listed therein.
DEALING WITH 3rd PARTY BUSINESSES
Any communication or business transactions/communication/dealings with any third parties including merchants, sellers, or advertisers found on, or through, the Site is solely between you and such parties. Dontbuyalemon.ca is not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not Dontbuyalemon.ca, are responsible for compliance with all laws applicable in any such transaction.
Use caution and common sense when using the Site and, in particular, exercise great care when revealing personal information. When using the Site there are risks of dealing with underage persons or people acting under false pretences.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. DONTBUYALEMON.CA, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY KNOWN AS "VEHICLE GATEWAY CORPORATION") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF:
· ANY AND ALL INFORMATION WITHIN THE BLOGS ON THE SITE. THIS INCLUDES BOTH BLOG ENTRIES/POSTINGS, AS WELL AS COMMENTS/REPLYS/RESPONSES TO SUCH BLOG ENTRIES/POSTINGS BY BOTH THE SITE AS WELL AS ITS MANY USERS
· ANY AND ALL INFORMATION WITHIN THE AUTOMOTIVE DIRECTORY. THIS INCLUDES BUSINESS DETAILS AND INFORMATION, AS WELL AS RATINGS/REVIEWS OF THESE BUSINESSES. IT ALSO INCLUDES COMMENTS/REPLYS/RESPONSES TO THE RATINGS/REVIEWS OF BUSINESSES LISTED WITHIN THE DIRECTORY
DONTBUYALEMON.CA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY BOTH DONTBUYALEMON.CA AND VEHICLE GATEWAY CORPORATION. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DONTBUYALEMON.CA AND VEHICLE GATEWAY CORPORATION DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM DONTBUYALEMON.CA AND/OR VEHICLE GATEWAY CORPORATION, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DONTBUYALEMON.CA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL DONTBUYALEMON.CA OR VEHICLE GATEWAY CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF DONTBUYALEMON.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Dontbuyalemon.ca.
INDEMNIFICATION
You agree to defend and indemnify Dontbuyalemon.ca and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
· (i) your breach of this Agreement or the documents referenced herein;
· (ii) your violation of any law or the rights of a third party; or
· (iii) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Dontbuyalemon.ca. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote Dontbuyalemon.ca’s services, websites, partners and other products available in Canada. The Dontbuyalemon.ca websites are controlled and operated by Vehicle Gateway Corporation from its offices in the province of Ontario in Canada. Dontbuyalemon.ca makes no representation that materials on the Dontbuyalemon.ca websites are appropriate or available for use outside of Canada. Those who choose to access the Dontbuyalemon.ca website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. .
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2009 Vehicle Gateway Corporation. All rights reserved. Dontbuyalemon.ca is not responsible for content on websites operated by parties other than Dontbuyalemon.ca. DONTBUYALEMON.CA, the lemon logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Vehicle Gateway Corporation and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dontbuyalemon.ca or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Dontbuyalemon.ca and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dontbuyalemon.ca. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Dontbuyalemon.ca.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at support@dontbuyalemon.ca. We only address messages concerning brand infringement at this email address.
GENERAL
This Website is operated by a Canadian entity and this Agreement is governed by the laws of the province of Ontario, Canada. You agree that all claims you may have against Dontbuyalemon.ca, LLC arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the province of Ontario. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Dontbuyalemon.ca and/or Affiliates (Vehicle Gateway Corporation) as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Dontbuyalemon.ca with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Dontbuyalemon.ca with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
©2009 Dontbuyalemon.ca and Vehicle Gateway Corporation. All rights reserved.
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