Terms of Use

General Terms of Use for all Customers

1. The Customer is solely responsible, and the Company is not responsible, for the Customer's use of the Product and the Customer expressly agrees and represents to the Company that the Customer assumes all risks in accessing the Company and the Product.
2. The Customer acknowledges and agrees that the Company is not responsible for any Listings, advertisements of or offers to purchase or sell any product, or any inducement or incentives to enter into a commercial transaction that the Customer may access on or through the Product or receive from other users of Product or the Website, whether or not such Listings, offers, advertisement, inducement or incentives have been facilitated or communicated through the Website or the Product.
3. The Customer acknowledges and agrees that the Company makes no warranty as to the accuracy or completeness of any Listings or communication between the Customer and other Customers, including Commercial Customers.
4. The Customer acknowledges and agrees that the Company is not responsible for any commercial transaction into which the Customer may enter based on any information received or accessed through the Product or the Website.
5. The Customer acknowledges and agrees that the Company does not endorse any information, including Listings, accessible or available through the Website or the Product that is not expressly indicated as the official information, document, or notification of Cars.ca or EDealer. For clarity, the disclaimer of endorsement made in this section does not affect the binding nature of the Terms, the Privacy Policy, additional terms or any policies of EDealer whether or not incorporated into these Terms or published as stand-alone documents.
6. The Company has and retains all rights to the Website and the Product and does not confer any right to unfettered or uninterrupted access to the Website or the Product or any of its features or functionality.
7. The Customer acknowledges that the Company has the right to deny, suspend or restrict the Customer's access to the Website or use of the Product. Such suspension, deletion or restriction may have a temporary or indefinite effect and can be made in the sole unfretted absolute discretion of the Company. In no event shall the Company be liable to the Customer, any other user of the Product or to any third party for the suspension or restriction of the Customer's access to the Product or the Website.
8. The Customer acknowledges that any action of the Customer on the Website or taken through or using the Product in violation of any applicable law or in contravention of any applicable contractual provisions, including, but not limited to, infringement on third-party intellectual rights, may give rise to legal action against the Customer.
9. The Customer expressly acknowledges that no part of the Website or the Product constitutes or may be deemed to constitute an offer or solicitation from or by the Company to buy or sell products or services. Except for the Customer's agreement to abide by these Terms, Privacy Policy, additional terms and any additional policy of the Company, the Customer's use of or access to the Website or the Product does not create any contract or agreement between the Customer and the Company and creates no obligation on the part of the Company towards the Customer.
10. Listings displayed on or accessible through the Website and the Product are merely published by the Company, without verification or endorsement, and any correspondence or transactions with Commercial Customers or any other third parties relating to items listed for sale through the Website are between you and that third party. The Company has no responsibility or liability for any damages or losses that you may incur in connection with items or services listed for sale by third parties on the Website.
11. The Customer acknowledges that any correspondence or business dealings between the Customer and any third parties, including without limitation, other customers of the Product, including other Commercial Customers or other merchants, vendors, service providers, or advertisers whose contact information may be found on or through the Product or the Website are solely the responsibility of the Customer and such third parties. The Customer further expressly acknowledges that neither the Company nor its affiliates and their respective directors, officers, employees, agents and representatives are responsible for: any damages the Customer may suffer or losses the Customer may incur by or as a result of engaging in such correspondence including the entering into transactions, making the payment for or delivery of goods, and for any terms, conditions, warranties, or representations in furtherance or associated with transactions with such third parties or for compliance with applicable laws in connection with such transactions or other dealings related to, associated or resulting from the Customer's correspondence with third parties.
12. The Customer acknowledges that the Company may terminate the agreement between it and all Customers, including the Customer, established under these Terms without notice if the Company chooses, in its sole and absolute discretion, to discontinue providing the Product or making the Website available. The Customer agrees and covenants not to hold the Company, its affiliates and their respective directors, officers, employees, agents and representatives liable for any reason connected or related to the termination of the agreement or cessation of the provision of services related to the Product or the Website.

Disclaimer of Warranties and Liability

1. The Customer expressly acknowledges that access to the Website and the Product is provided on an as-is-basis and The Company makes no guarantees as to accuracy or completeness of any information provided on the Website or available through the Product including any Listings and makes no warranty of any kind related to any information available on the Website or accessible through the Product, including any Listings. To the extent permissible by law, the Company disclaims all liability for the accuracy, reliability, unsuitability for any particular purpose, or noncompliance with any applicable law of anything posted to, linked from or made available through the Website or the Product, including the Listings.
2. The Customer expressly agrees that the Customer cannot and will not hold the Company, its affiliates and their respective directors, officers, employees, agents and representatives liable for any reason connected or related to the Customer's use of or access to the Website or the Product, reliance on any information accessible or available through the Website or the Product or inability to use the Website or the Product or any of its features or functionality.
3. To the maximum extent permissible by applicable law, the Company expressly disclaims all warranties (express or implied) and all liability of any kind.
4. The Customer expressly agrees that under no circumstances will the Company be directly or indirectly liable for damages of any kind, including any general, special, consequential, exemplary or punitive damages, even if the Company has been expressly advised of the possibility of such damages, related to or arising out of the Website, the Product, or any services provided pursuant to these Terms.

Consent to provide Personal Information and Receive Communications

1. The Customer understands and acknowledges that the Product is designed to facilitate communication between the users of the Product or the Website, including the Customer and Commercial Customers who may post, advertise or make otherwise available or accessible on or through the Website or the Product the Listings or any other offers of products or services. The Customer further understands and acknowledges that in order to facilitate such communication, the Company may be asked to provide certain personal information of the Customer, including the Customer's name, the contact information of the Customer (the “Customer's Contact Information”) and any other information about the Customer that the Customer may provide to the Company (collectively the “Customer's Personal Information”) to Commercial Customers with whom the Customer wishes to communicate or communications from whom the Customer wishes to receive.
2. The Customer expressly consents and consents and agrees to:
   1. the Company's collection and retention of the Customer's Personal Information, which has been provided or disclosed by the Customer to the Company for the purposes of provision of services available through the Product or the Website;
   2. the Company's transmitting or relaying of the Customer's Personal Information to Commercial Customer with whom the Customer wishes to communicate or communications from whom the Customer wishes to receive, such wish shall be deemed to be expressed:
      1. whenever the Customer contacts the Company or any of its representatives with a request to communicate or receive communications from a Commercial Customer, whether or not a specific Commercial Customer is identified by the Customer; and
      2. whenever the Customer provides the Company with any Customer's Contact Information;
   3. the Company's using web analytics, including Google Analytics (collectively “Website Analytics Tools”) to track the Customer's access and activity on the Website and the Product and the Company's using information collected by or produced through the Website Analytics Tools for any business purpose of the Company related to the Website or the Product, including the transmission of such information to Commercial Customers.
3. To the maximum extent permissible by applicable law, the Company expressly disclaims all warranties (express or implied) and all liability of any kind.
4. The Customer expressly agrees that under no circumstances will the Company be directly or indirectly liable for damages of any kind, including any general, special, consequential, exemplary or punitive damages, even if the Company has been expressly advised of the possibility of such damages, related to or arising out of the Website, the Product, or any services provided pursuant to these Terms.

Legal Rights and Remedies

1. Nothing in these Terms shall be interpreted to prevent the Company from taking any legal action that may be available to the Company to seek compensation for any losses the Company may incur or sustain as a result of a Customer's breach of the Terms, additional terms or any other policies or agreements related to the Website or the Product or to enforce a Customer's compliance with applicable laws.
2. If the Company chooses not to, or fails to, enforce any of the provisions of these Terms, such choice or failure shall not be deemed a waiver of any of the Company's rights.
3. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be deemed to be severable, and the remainder of these Terms shall remain valid and in full force and effect.
4. These Terms and the agreement between the Customer and the Customer established thereunder, and all matters related to the Customer's use of the Website or the Product shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to any conflicts of laws principles. Any disputes shall be heard at the Courts in Toronto, Ontario, Canada.
5. The Company has the right to assign to another person all of its rights under the Terms or related to the Website or the Product at any time without any prior notice to the Customer.

Terms are provided in English

1. The Customer expressly agreesthat the Terms are provided to the Customer in English. It is Customer's responsibility to ensure that the Customer understands these Terms. If we provide a translation of these terms into any other language, that translation is for convenience only, and the English version will govern the Customer's relationship with The Company.

Vous acceptez que cet accord vous soit fourni en anglais. Il est de votre responsabilité de vous assurer que vous comprenez cet accord. Si nous vous fournissons une traduction de cet accord dans une langue autre que l'anglais, vous acceptez que la traduction soit fourni seulement à titre d'information, et la version anglaise aura, en tout temps, préséance et régira vos rapports avec EDealer.

Customer Content

1. In certain circumstances, the Customer may be able to submit certain content to the Product (any such content submitted by a customer to the Product, a “Customer Content”). Customer Content of Commercial Customers as defined below may be subject to additional terms set out below.
2. All Customer Content and Customers submitting it must follow the following guidelines (“Customer Consent Guidelines”):
3. Customer Content cannot be, or be reasonably interpreted as, defamatory, incorrect, false, misleading, malicious, threatening, abusive, harmful, obscene, offensive, defamatory, discriminatory, or otherwise objectionable.
4. Customer Content cannot make any statements, including descriptions of vehicles offered for sale or services offered by Commercial Customers, that are untrue, inaccurate or misleading.
5. Customer Content cannot make, contain, imply, or refer to a statement that is or can be reasonably interpreted as discriminatory or infringing on a constitutional or human right of any person or group of persons.
6. Customer Content cannot contain any personal information of any other person other than the Customer posting such Content. If the Customer Content contains personal information of the Customer, the Customer is expressly deemed to have consented to the Company's collecting such personal information and facilitating the display of such personal information until such time as the Customer has expressly requested such personal information to be removed from the Product or the Website using means described in the Privacy Policy.
7. Customer Content, other than Customer Content of a Commercial Customer, may not include promotion for any product or services.
8. No Customer Content may be posted by way of automated scripts or by any other means not specifically intended by the Company for the posting of Customer Content on the Product.
9. Customer Content may not contain, embed or include any links to any scripts, harmful or malicious content, malware, or computer viruses.
10. Customer Content may not contain any links to external internet addresses except for the official website of the Commercial Customer.
11. In submitting any Customer Content, the Customer represents that:
    1. Customer owns or has licensed all relevant rights in that Customer Content, including intellectual property and personality rights.
    2. Customer Content, its posting or submission, access to it by other Customers through the Product and the use by the Company of the Customer Content does not violate any applicable laws.
    3. Customer Content, its posting or submission, access to it by other Customers through the Product and the use by the Company of the Customer Content does not infringe on intellectual rights of any third parties, and the Customer undertakes to promptly remove the Customer Content or cause such Customer Content to be removed from the Product in the event any third party claims that the posting of the Customer Content infringes that party's intellectual rights or contains any information not belonging to the Customer or information which the Customer has no permission to post, transmit or display.
12. Customer expressly agrees to indemnify the Company, its affiliates and their respective directors, officers, employees, agents and representatives for any losses or damages, including those related to the reasonable legal costs incurred in defending any claims of third parties arising out of or related to the Customer posting on or transmitting to the Product of any Customer Content.
13. The Customer grants to the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and sublicensable license to use, modify, reproduce, make available, and redistribute it in any form, format or media now known or later developed, without any requirement for attribution or compensation to the Customer for any and all Customer Content. For clarity, the license given by the Customer to the Company shall survive the termination of the agreement between the Company and the Customer established under these Terms, whether such termination is initiated by the Customer or the Company.
14. The Customer expressly agrees that access to the Product or the Website is sufficient consideration for the license to the Customer Content granted to the Company pursuant to these Terms and the Customer waives any right it may have to make any claims or bring any action against the Company, its affiliates and their respective directors, officers, employees, agents and representatives or sublicensees for infringement of any intellectual property or moral rights the Customer may have in the Customer Content.
15. The Customer understands and acknowledges that access to the information posted on the Website, or otherwise accessible through Product confers no rights to that information, including any intellectual property rights contained in or underlying such information and that the intellectual rights and ownership to such information remains with the Company or third parties to which it may belong, as the case may be.
16. The Company may remove, modify or delete Customer Content that appears to breach these Terms, be inconsistent with the Customer Content Guidelines set out in these Terms or which appear to infringe on the intellectual property rights of others, or for any other reason. The Company may do so in at own absolute discretion, whether on its own initiative or in connection with a court claim, legal demand or request from a third party.
17. The Customer acknowledges that the Customer is solely responsible for any Customer Content the Customer may post on or through or cause to make available on or through the Product or submit to the Website and that the Company is not responsible for any Customer Content and does not undertake to verify, remove or moderate any Customer Content. The Company does not endorse any Customer Content and does not take any responsibility for the accuracy or reliability of information contained in any Customer Content, including Customer Content submitted by Commercial Customers to be displayed on the Website or accessible through the Product. In no event will the Company or any of its affiliates or their respective directors, officers, employees or agents be liable for any Customer Content or information contained therein or for action or omission of any Customer in their use of the Product or the Website or for person relying on Customer Content, or any advertisement of any other third party content that may be viewed on or accessed through the Product.

Intellectual Property of the Company

1. All rights in the design, source code, and appearance of the Product and all of the materials and content made available through the Website or accessible through the Product (collectively “Protected Materials”) are owned by or licensed to the Company or its affiliates, as the case may be. Protected Materials are protected by law against unauthorized copying and reproduction. Any unlicensed use, reproduction or distribution any of Protected Materials is expressly prohibited. Trade-marks appearing on the Website or displayed in the Product are owned or licensed by the Company or its affiliates, or are owned by third parties. You may not use or display these trade-marks except as may be required in order to make use of the Product in accordance with these Terms.

General Terms of Use for all Customers

1. By creating a Commercial Customer account or by accessing the Product as a Commercial Customer you represent and warrant to the Company that you are an individual or a company that is duly licensed to act as a motor vehicle dealer in the jurisdiction in which your business is located (a “Dealer”) or a duly authorized a representative of a Dealer.
2. Commercial Customer is responsible for any information submitted to the Product or displayed on the Website from the Customer's account or using the Customer's credentials.
3. The Commercial Customer's Product account is the property of the Company and may not be assigned or transferred to any other person.
4. The Commercial Customer undertakes to provide the Company with the Customer up-to-date contact information, including without limiting, the Customer's email address, business address, if applicable, names of authorized representatives, motor vehicle dealer registration (collectively, the “Commercial Contact Information”) and the Commercial Customer further undertakes to update such Commercial Contact Information whenever it changes.
5. The Commercial Customer may post on the Product or make accessible through a Listing which describes a motor vehicle or motor vehicles that is offered for sale or solicited for purchase by or through the Commercial Customer, but the Commercial Customer may not, and covenants with the Company not to promote any other products or services in a Listing. Any posting of the vehicles offered for sale or purchase, including the Listings, must be made in accordance with Customer Consent Guidelines.
6. The Commercial Customer acknowledges that the Company has the right to suspend or delete the Commercial Customer's account or suspend or restrict the Commercial Customer's access to the Website or use of the Product, such suspension, deletion or restriction may have a temporary or indefinite effect and can be taken in the sole unfretted absolute discretion of the Company. In no event shall the Company be liable to the Commercial Customer, any other user of the Product or to any third party for suspension or restriction of the Commercial Customer's access to the Product or deletion of the Customer's account.
7. The Commercial Customer who receives another user's Customer's Personal Information hereby undertakes to:
   1. abide at all times with: the Company's Privacy Policy and with all privacy laws of each of the jurisdictions in which the Customer or the user whose Customer's Personal Information the Customer receives reside (collectively, the “Privacy Laws”);
   2. keep the received Customer's Personal Information secured at all times in accordance with requirements of the Privacy Laws;
   3. limit access to the Customer's Personal Information only to such persons who need to access the Customer's Personal Information for the provisions of services directly related to the functions of the Product;
   4. not use Customer's Personal Information for any purpose other than the purpose directly related to the functions of the Product;
   5. perinatally delete or anonymize Customers Personal Information immediately on a request from the Company or from the user whose Customer's Personal Information the Customer has received through the Product or the Website.
8. The Commercial Customer expressly agrees to indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees, agents and representatives from any and all claims, liability, damages or costs they incur arising as a result of the Commercial Customer's misuse of the Website or the Product, the Customer's violation of these Terms, or any other policy of the Company either incorporated into these Terms by reference or that the Company may otherwise publish on the Website or through the Product, and the Commercial Customer's infringement of any intellectual property or other right of the Company or any third party.
9. The Commercial Customer acknowledges that the Commercial Customer has no proprietary rights to the Commercial Customer's user account or any content posted on or through the Commercial Customer's user account on the Website or Product, including the Listings, and that the Company may in its sole absolute discretion delete or modify any element of the Website or the Product, including any information posted or submitted through or using the Customer's user account.
10. The Commercial Customer acknowledges that the Company may terminate the agreement between it and the Commercial Customer established under these Terms at any time by deleting, disabling or removing access of such Commercial Customer's to its user account for breach of these Terms or any other policy of the Company pertaining to the Website or the Product whether or not incorporated into the Terms or published as a standalone document or if the Customer otherwise puts the Company, its affiliates and their respective directors, officers, employees, agents and representatives at risk of legal exposure.