This website (the “Site”) and the
services offered through this Site are provided
by 2nd Chance Automotive. (“2nd Chance
Automotive“, “we“, “us” or “our“) for the use of
individual users. All rights not expressly
granted to users under these Terms are hereby
expressly reserved by 2nd Chance Automotive, and
any additional uses of the Site or its contents
require our prior written permission. For
further information please contact
[email protected]. These terms and
conditions (“Terms“) govern your (“user“, “you”
or “your“) use of the Site and our services, as
well as any content downloaded from or accessed
through the Site, and constitute a legal
contract between you and 2nd Chance Automotive.
Please read these Terms in their entirety
because your use of the Site, other than to
review these Terms, signifies your consent to be
legally bound by and to comply with these Terms.
If you do not agree with these Terms, you may
not access or use the Site or our services.
These Terms were last updated on February 2,
2016. At any time without notice or liability,
and for any reason, we may update, change,
suspend or terminate any aspect of these Terms
or the Site. Please consult these Terms each
time that you use the Site. Your continued use
of the Site for 15 days or more following the
posting of changes to these Terms will mean that
you accept and agree to those changes.
Notwithstanding the above, unless otherwise
required by law, any application that you submit
to us will continue to be governed by the
version of these Terms in effect at the time
that the application is submitted.
01. Limited License
Subject to your compliance with
these Terms, 2nd Chance Automotive grants you a
limited, personal, non-exclusive,
non-transferable license to use the Site and our
Content (as defined below) solely for the
purpose of viewing, storing, processing and
downloading information for personal use in
connection with your use of our services. Except
as expressly permitted in these Terms, you agree
not to reproduce, make derivative works of,
retransmit, distribute, sell, publish,
sublicense, commercialize, communicate,
broadcast or otherwise make available the Site
or any Content, or other information and
materials obtained through or in connection with
the use of the Site, including without
limitation, by caching, framing, deep-linking or
similar means.
02. Privacy
Your use of the Site and our
services, and our use of certain information
about you, are subject to our privacy policy
available at
www.2ndchacneautomotive.com/privacy-policy/
(“Privacy Policy“), which is incorporated by
reference into these Terms. Please read the
Privacy Policy carefully prior to using the Site
and our services. Through your use of the Site
or our services you agree to the collection,
storage and use of your information in
accordance with the Privacy Policy. In case of
any inconsistency between these Terms and any
terms set out in the Privacy Policy, the terms
of the Privacy Policy will prevail.
03. User Content: Rights to Unsolicited Comments and Ideas
All information, data, text,
graphics, images, video, messages, ideas,
reviews, opinions, questions, suggestions and
other materials (“Content“) that are posted,
e-mailed, transmitted, uploaded or otherwise
submitted through your use of the Site or our
services are submitted at your own risk and are
your sole responsibility. If you are posting
Content belonging to or generated by or on
behalf of a third party, you warrant that you
are authorized to act on behalf of that third
party and to bind them to these Terms. You
should not submit any Content that may cause
harm or injury to any party. Do not publicly
disclose any personal information about yourself
or others. Except in the case of any Feedback
(as defined below), you or a third party
licensor retain all intellectual property rights
in any Content that you submit. By submitting
any Content, whether on your own behalf or on
behalf of another party, you hereby grant to us
a royalty-free, worldwide, transferable,
non-exclusive right and license to use,
reproduce, modify, edit, adapt, publish,
translate, create derivative works from,
distribute, disseminate, perform, transmit and
display such Content (in whole or part) in any
form, media, or technology now known or later
developed for the full term of any rights that
may exist in such Content, without compensation
or obligation to you or any other party. The
rights granted hereunder may be freely assigned
or sub-licensed by us to any party. If you
submit any ideas, comments or other feedback
(“Feedback“) to us regarding the Site or our
services, you agree that such Feedback
(including all rights, title and interest
therein) automatically become our property, and
you forfeit all rights that you may have in such
Feedback. For greater certainty, you agree that
2nd Chance Automotive and its affiliated
companies may use and exploit any Feedback in
any way at their discretion, without
compensation or obligation to you or to any
other party. You represent and warrant that you
have the necessary right to grant us the rights
you are granting in respect of any Feedback you
provide and you hereby waive all “moral rights”
in and to such Feedback.
04. User Conduct
You agree that you are responsible
for your own conduct when using the Site and our
services. Misuse or unauthorized use of the
Site, its contents, 2nd Chance Automotive’
services, network and systems, or of any
information, forms, images or other materials on
the Site is strictly prohibited and 2nd Chance
Automotive reserves the right, at its sole
discretion and without liability or prejudice to
any other remedies that it may have, to
immediately suspend or terminate access by any
user who is using, or who We Finance Cars
reasonably believes is using the Site or its
services in violation of these Terms. You agree
that you will use the Site (including contents)
and the services only in ways that are legal,
proper and in accordance with these Terms,
accepted Internet protocol, and applicable
rules, policies and guidelines. Without limiting
the generality of the foregoing, by using the
Site, you agree not to:
- use the Site, its contents or our services for any commercial activities not authorized by 2nd Chance Automotive, including for advertising, soliciting or otherwise promoting the sale or other distribution of products or services;
- interfere or attempt to interfere with, or obtain unauthorized access to, 2nd Chance Automotive’ or any third party content providers’ Content, data, computers, systems or system security;
- upload, post, distribute, e-mail or otherwise publish or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized commercial communication, or to “hack” or “phish” us or other users;
- solicit or otherwise attempt to collect, discover, store or disseminate passwords, personally identifying information, or other non-public information from 2nd Chance Automotive or other users;
- submit false information on any application or otherwise attempt to defraud 2nd Chance Automotive, its dealers or other third party service providers;
- defame, abuse, threaten or otherwise violate the legal rights of others, including rights regarding privacy and publicity;
- download any file posted by someone else that you know, or should reasonably know, cannot be legally distributed;
- impersonate anyone else, or create user accounts by automated means or under false pretences;
- remove any copyright, trademark or other proprietary rights notices from our materials, or from materials created by others, without prior permission;
- submit Content that falsely expresses or implies that it is approved or endorsed by us or others;
- upload, post, distribute, e-mail or otherwise publish or make available any Content that you know to be inaccurate, or that is illegal, libelous, defamatory, obscene, harmful, vulgar, sexually explicit, threatening, tortuous, harassing, abusive, invasive of another user’s privacy, hateful, racially or ethnically objectionable, which promotes physical harm or injury against any person or group, or which violates any obligations that you or any other party has pursuant to contractual or fiduciary relationships;
- upload, post, distribute, e-mail or otherwise publish or make available any material that contains software viruses or any other computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or system, website, application, telecommunications, or other equipment;
- otherwise use the Site or our services in a manner that could, in 2nd Chance Automotive’ opinion, adversely affect the ability of other users to use the Site, any content, our services, the Internet, or any sites or services supplied by our third party partners.
05. Third Party Content, Services, Dealings & Disclaimer
2nd Chance Automotive provides the
Site to you as a service, which allows you to
apply for automotive financing. You understand
and agree that the submission of an application
to us does not constitute pre-approval of credit
and is not an application for credit. 2nd Chance
Automotives does not provide or facilitate
vehicle financing, nor is it engaged in leasing
or selling vehicles. Further, you agree that any
financing and the sale or lease of any vehicle
will be subject to separate terms and conditions
to be agreed between you and the third
party(ies) providing the financing and/or
vehicle sale or lease. 2nd Chance Automotive is
merely a distributor, and not a publisher, of
any services, advertisements or other content
offered or supplied by third parties that is
accessed via the Site or otherwise through your
use of our services. 2nd Chance Automotive not
have administrative or other control over such
third party products and services, offers no
warranties or representations, and accepts no
responsibility or liability in respect of any
third party products or services, or a user’s
use of them. In any transactions or proposed
transactions with third parties, including motor
vehicle dealerships and credit organizations who
you have come in contact with through the use of
the Site and/or our services, you agree that 2nd
Chance Automotive is not the seller or provider.
Your agreement to purchase any products or
services from a third party or to otherwise
enter into negotiations or transactions with a
third party is solely between you and the third
party, and not us. Under no circumstances will
2nd Chance Automotive be responsible or liable
for any loss or damage of any kind incurred as a
result of, or in connection with, any
discussions, negotiations, correspondence,
agreements or other business dealings by you
with any third parties, including any dealers,
credit organizations or advertisers found on or
through the use of the Site, and including
payment for and delivery of related goods and
services. Without limiting the generality of the
foregoing, 2nd Chance Automotive does not
guarantee that any particular vehicle shown on
the Site or in our advertisements is available
for sale by a motor vehicle dealership in your
geographic area or, even if that vehicle is
available, that you will be qualified to
purchase it. Availability of any vehicles or
financing options (if any) is solely within the
control and discretion of the motor vehicle
dealership and/or financing entity, if
different, and will be subject to such terms and
conditions as they may determine. Further, you
acknowledge and agree that 2nd Chance Automotive
does not guarantee the products or services of
any of the persons or organizations to whom we
provide your personal information, or that any
person or organization will offer or provide you
with products or services at any rate or at all.
The Site may contain hyperlinks to other web
sites (“Linked Sites“) that have been developed
by advertisers and other third parties, which
are not under the control of 2nd Chance
Automotive. 2nd Chance Automotive provides
hyperlinks to the Linked Sites as a convenience
only, and their inclusion does not imply
warranties, representations, endorsements,
approvals, verification or investigation by 2nd
Chance Automotive or its agents of the Linked
Sites, or of any products or services offered on
or through the Linked Sites. Further, 2nd Chance
Automotive is not responsible for the contents
of the Linked Sites, and is not acting as a
publisher or disseminator of information or
materials contained on any Linked Site or any
hyperlink contained on a Linked Site. You
acknowledge that the use of Linked Sites may be
subject to terms and conditions contained on
those Linked Sites, and you agree that you are
solely responsible for your use of any Linked
Site.
06. Our Intellectual Property Rights
The Site, our services, and any
Content and other information and materials
created or supplied by us, and the selection and
arrangement thereof, are owned by us (or our
third party licensors) and are protected by
Canadian and international copyright and other
intellectual property laws and treaty
provisions. The use of any trademark without the
express written consent of the owner of the
trademark is strictly prohibited. You will not
remove, alter or conceal any trademark or other
proprietary rights notices incorporated into or
accompanying the Site, any of our Content or any
other information or materials accessed through
the Site or the use of our services.
07. Indemnity
You agree to defend, indemnify and
hold us, our affiliates and licensors, and each
of our respective officers, partners, directors,
employees and agents harmless, from and against
any and all claims, actions or demands,
including without limitation reasonable legal
and accounting fees, resulting from or related
to: (a) your breach of these Terms, including
the Privacy Policy which is incorporated into
these Terms by reference; (b) your access to or
use of the Site, or our or any other party’s
Content; (c) your submission of any Content; (d)
your misuse of our services; (e) your use of or
reliance upon, or publication, communication or
distribution of any materials from any third
party source; or (f) your violation of any other
party’s rights including, without limitation,
any intellectual property, privacy or
proprietary right, or obligation of
confidentiality. You shall use your best efforts
to cooperate with us in the defense of any
claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of
any matter otherwise subject to indemnification
by you.
08. Disclaimer Of Warranties
You expressly understand and agree
as follows: A. The site and our services are
provided to you for your personal use in
accordance with these terms. your use of the
site, including any links or content, and our
services is at your sole risk. to the maximum
extent permitted by applicable law, the site,
our services, our content, and any other
information and materials that we make available
to you is provided on an “as is” and “as
available” basis. we expressly disclaim all
warranties or conditions of any kind, whether
express, implied or statutory, including, but
not limited to implied warranties of
merchant-ability, merchantable quality, fitness
for a particular purpose, non-infringement, or
that a particular result (or any result) will be
attained through the use of our services. B.
Without limiting the generality of the
foregoing, to the maximum extent permitted by
applicable law, we make no warranty or give any
condition that: (i) the site, our services, or
any content, linked or related websites or other
materials will meet your expectations or satisfy
your requirements; (ii) vehicle financing, or
any other products or services, will be
available to you; (iii) the use of the site or
any content, linked or related websites or other
materials will be uninterrupted, timely, secure,
or error-free; (iv) the results that may be
obtained from the use of the site, our services,
or any content will be complete, accurate,
reliable or useful; (v) the quality of any
products, services, programs, information, or
other material accessed by you through your use
of the site or our services will meet your
expectations; and (vi) any errors in the site,
content or other materials will be corrected. C.
Any content or other material downloaded or
otherwise accessed or obtained through the use
of the site is obtained and used at your own
discretion and risk, and you will be solely
responsible for any harm or damage, including
(but not limited to) damage to your computer
system or loss of data, that results from the
download of any such content or material. 2nd
Chance Automotive expressly disclaims
responsibility for any damage to, or viruses
that may infect, your software, computer
equipment (including mobile devices) or other
property as a result of your access to, use, or
browsing of the site or associated websites, or
from using or downloading any information, data,
text, forms, software, photographs, graphics,
images, messages, ideas or other content. D. To
the maximum extent permitted by applicable law,
you agree that no advice or information, whether
oral or written, obtained by you from us,
through your use of the site or our services,
shall create any warranty or other liability not
expressly stated in these terms. You acknowledge
and agree that if you are dissatisfied with the
site or our services, or with any results
obtained through their use, your only remedy is
to discontinue use of the site and our services.
09. Limitation of Liability
You expressly understand and agree
that we will not be liable for any direct,
indirect, incidental, special, consequential or
exemplary damages of any kind, including but not
limited to, damages for loss of profits,
goodwill, use, data or other intangible losses
(even if we have been advised of the possibility
of such damages), resulting from: (i) the use or
the inability to use or access the site, our
systems, any content, or any materials,
products, services, offerings or information
obtained through the use of the site or our
services; (ii) any errors or omissions in the
site or any content; (iii) the suspension or
termination of your ability to access the site;
(iv) any interruption or cessation of
transmission to or from our site or failure of
our systems; (v) the cost of procurement of
substitute goods and services; (vi) unauthorized
access to or alteration of our systems or your
transmissions, data and/or personal or financial
information; (vii) statements or conduct of any
third party using the site; (viii) any bugs,
viruses or the like that are transmitted to or
through our site by any third party; or (ix) any
other matter or event relating to your or any
other party’s use of the site or our services.
your sole remedy under these terms shall be to
discontinue use of the site and our services.
You expressly acknowledge that we have entered
into this agreement with you, and have and will
make the site and our services available to you
in reliance upon the limitations and exclusions
of liability and the disclaimers set forth in
these terms, and that the same form an essential
basis of the bargain between you and us. you
expressly agree that the limitations and
exclusions of liability and the disclaimers set
forth in these terms will survive, and continue
to apply in the case of, fundamental breach or
breaches, the failure of essential purpose of
contract, the failure of any exclusive remedy,
or termination of the agreement between you and
us. Some jurisdictions do not allow the
exclusion of certain warranties or the
limitation or exclusion of liability for certain
damages and, accordingly, some or all of the
above limitations may not apply to you. in such
jurisdictions, you agree that our liability
shall be limited to the greatest extent
permitted by applicable law.
10. Termination
You may discontinue your use of the
Site and/or our services at any time, for any
reason or for no reason. Any financing
agreements or agreements to purchase or lease
vehicles that you may have entered into as a
result of using our services will continue in
accordance with their terms. In addition to any
other termination rights that we may have, we
reserve the right to modify, suspend,
discontinue or terminate the Site or any party’s
ability to access or use the Site, our services,
our materials or other Content, at any time and
for any reason (or no reason), including any
breach by you of these Terms. Upon termination,
you will have no further right to use the Site
or our services, and any rights and licenses
granted to you under these Terms will terminate.
Termination or other discontinuation of your use
of the Site or our services will not relieve you
of any obligations arising prior to termination
regarding the use and protection of intellectual
property or confidential information, ownership,
or indemnification nor will it relieve you of
any liability for any breach of these Terms.
Upon termination (subject always to applicable
laws) we will have the right, but not the
obligation, to retain any Content or other
information that you have submitted.
11. Governing Law / Jurisdictional issues
The Site originates, and is owned by parties having operations in the Province of British Columbia and elsewhere in Canada. These Terms will be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflicts of laws principles. You agree that any claim or action brought by you in connection with these Terms or your use of the Site or our services shall be brought within twelve (12) months of the first occurrence of the loss or damage on which the claim is based.
Miscellaneous
These Terms contain the entire
agreement between you and us governing your use
of the Site and our services. The legal
agreement created by your acceptance of these
Terms is personal, and cannot be transferred or
assigned by you. We may assign this agreement
and/or any of our rights or obligations under
these Terms at any time. Our failure to exercise
or enforce any right or remedy under these Terms
shall not constitute a waiver of such right or
remedy. No use of the Site, any Content or our
services shall create or be deemed to create any
partnership, joint venture, agency, franchise or
other business relationship, even if your use is
for a commercial purpose which has been
authorized by us. You and 2nd Chance Automotive
shall, at all times, be and remain independent
contractors. The provisions of these Terms are
severable. If any individual term or condition
is held to be invalid, unenforceable or contrary
to applicable law, such provision shall be
construed, limited, altered or deleted, as
necessary, to eliminate the invalidity,
unenforceability or conflict with applicable law
while endeavoring to preserve the intention of
the provision, and all other terms and
conditions shall remain in full force and
effect. 2nd Chance Automotive may communicate
with you by email or by posting notices on the
Site You may be asked to provide your consent to
receive other communications. You further agree
that these Terms, and all correspondence and
documentation relating to these Terms and your
use of the Site, shall be written in the English
language. Vous acceptez que ces terms d’usage,
ainsi que toute la correspondence et la
documentation relative à ces termes d’usage,
soient rédigées en langue anglaise. If you wish
to contact us with any questions, comments or
concerns regarding these Terms, the Site or our
services, or to provide any notice pursuant to
these Terms, please contact us at [email protected]