Terms Of Use

Welcome to Marketplace Acme Corp AutoGroup

These terms and conditions, privacy policies and cookie policies set out the terms by which this Marketplace offers access to its site, services, and tools (“Services”) to vehicle shoppers, buyers, and dealers (“Users”). Users of this Marketplace agree to comply with the following policies and terms when accessing or using its Services.

Marketplace User Account

An account is required to access certain portions of this Marketplace’s Services. An account requires an email address and password. The email address provided by the User will be their own email address. The User is solely responsible for maintaining the confidentiality of their password, as well as for all activity that occurs on their account. The User is responsible for protecting their password, and crafting the password such that it is difficult for others to guess. Should a User believe their security is compromised, they should contact this Marketplace immediately.

Using The Services

By using this Marketplace, the User agrees to not partake in the following:

• Violate any laws;

• Be false or misleading;

• Infringe any third-party right;

• Distribute or contain spam, chain letters, or pyramid schemes;

• Distribute viruses or any other technologies that may harm this Marketplace or the interests or property of this Marketplace Users;

• Impose an unreasonable load on this Marketplace infrastructure;

• Interfere with the proper working of this Marketplace;

• Copy, modify, or distribute any other person's content;

• Use any robot, spider, scraper or other automated means to access this Marketplace and collect content for any purpose without this Marketplace’s express written permission;

• Collect information about others, including email addresses, without their consent;

• Bypass measures used to prevent or restrict access to this Marketplace.

Abusing this Marketplace Services

Please contact this Marketplace should a problem arise regarding a User’s infringement of these terms of service or privacy policies. This Marketplace reserves the right to limit or terminate its Services, remove content, and take technical or legal action if it believes that a User is causing problems or is in violation of this Marketplace terms or policies. This Marketplace does not accept any liability for monitoring this Marketplace or for unauthorized or unlawful content on this Marketplace or use of this Marketplace by Users.

Fees and Services

Marketplace Services are free for shopper and buyer Users. Dealer Users will be required to pay fees for certain features. All charges will be able to be reviewed and accepted by the User. Changes to fee structure will be communicated with Users by this Marketplace. Fees may be temporarily changed for promotional purposes or the release of a new feature, these changes take effect upon announcement. Fees are non-refundable, Users are responsible for ensuring payment is received in full. If a User does not pay due fees, or their payment method defaults, this Marketplace may collect fees owed using other collection methods.

Canadian taxes associated with this Marketplace’s Services will be collected when applicable. Users agree to provide accurate address information necessary for this Marketplace to comply with its obligations under applicable law. To the extent that such information is not provided, this Marketplace will in its discretion determine and collect appropriate taxes.

While this Marketplace is available across platforms, Services may vary according to the specific device being used.

Content

Marketplace Services contain content provided by this Marketplace and Users. By using this Marketplace, Users agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. Upon granting this Marketplace access to User content, the User is granting non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If a User feels their rights have been violated, please contact this Marketplace to resolve the matter. This Marketplace reserves the right to remove content should there be grounds to suspect the violation of these terms or the rights of any other party.

Reporting Intellectual Property Infringements

Marketplace Users agree to not post content that infringes on the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. Do not post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required. This Marketplace reserves the right to remove content where there is grounds to suspect the violation of these terms, policies or of any party's rights. Should an intellectual property rights owner feel their rights have been infringed upon, they should contact this Marketplace to resolve the matter.

Disclaimers and limitations of liability

Marketplace Services are provided “as is” and “as available”. Users agree not to hold this Marketplace responsible for the actions of other Users. Additionally, Users agree not to hold this Marketplace accountable for the actions of third parties, including payment processing and any loss, claim, or damages arising in connection with the party’s Services. By using this Marketplace’s Services, Users agree that they understand they are bound by the terms and conditions of any third party payment processor, in addition to those of this Marketplace. This Marketplace does not guarantee the accuracy, completeness, efficacy or timeliness of any postings or User communications or the quality, safety, or legality of what is offered. However, should a User have an issue with another User, this Marketplace should be contacted so as to ensure the safety and quality of the Services offered. Marketplace functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. This Marketplace is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out the use of this Marketplace’s Services, even if the possibility of any such damages are advised or reasonably foreseeable. Automotive Sales are governed differently province to province, although we try our best to notify all of our dealers of any compliance concerns, the dealership is responsible to ensure that their vehicles and dealership is properly displayed on our platform to meet regional compliance.

Indemnification

The User will indemnify and hold this Marketplace and its affiliates and their respective officers, directors, agents and employees (each “indemnified parties”) innocuous from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation.

Personal Information

By using this Marketplace’s Services, Users agree to the collection, transfer, storage and use of personal information by this Marketplace (the "data controller") on its servers.

Reviews

Users may be asked to leave a review after interacting with other Users. The submitted review, User name, profile photo (if available), will be made public. User reviews should be left in good faith, ensuring that both Users are depicting the interaction fairly. When leaving a review on another User’s account, the review should:

• Be truthful to what happened between the Users

• Not be left in an attempt to harass or abuse another User

• Not be in left in an attempt to manipulate or mislead other Users

This Marketplace reserves the right to remove reviews which violate our policies or guidelines. For more information please read our User Review Policy.

General

These terms and the other policies posted on the Services constitute the entire agreement between this Marketplace and its Users, superseding any prior agreements. This agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. This Marketplace and its Users both submit to the jurisdiction of the courts of the Province of Alberta. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If this Marketplace does not enforce any particular provision, it is not waiving its right to do so later. If a court strikes down any of these terms, the remaining terms will survive. This Marketplace may automatically assign this agreement in its sole discretion in accordance with the notice provision below (assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

Our Address

The Marketplace will send notices to Users via the email address provided, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. This Marketplace may update this agreement at any time, with updates taking effect when Users next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by this Marketplace. Send questions, comments or complaints to this Marketplace.