Terms of Use

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Your use of this website ("The Site") or any of the services offered on this site (the "Stelland Services", "Services", or "Service") is subject to these Terms of Use (these "Terms"). Stelland Software Corporation Inc. ("Stelland") may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.

Some of the Services may be subject to additional posted terms on the Site or signed contracts. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted terms or agreed upon and signed contracts (additional conditions), the provisions of the additional conditions shall control.

Stelland has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend, or terminate your access to all or any part of our Services;
2. Change, suspend, or discontinue all or any part of our Services;
3. Refuse, move, or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our sites.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that the Services may include communications from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

THIS SITE IS NOT A SUBSTITUTE FOR AN AUTO MECHANIC

The Content contained in The Site is provided for informational purposes only. The Content is not intended to be a substitute for the advice of a professionally trained automotive service technician (henceforth called the "Mechanic"). It is also not intended to be a substitute for information or advice, in any form, from your dealer or your car's manufacturer. The recommended service The Service advises at any given time for your car is based on estimates and averages only and is not necessarily accurate or correct for your particular car, nor can it be relied or depended upon. You should not use the Content to diagnose a car problem without consulting a Mechanic. You should also consult the owner's manual published by the manufacturer of your car. Failure to follow the instructions in the owner's manual may affect your rights under the manufacturer's warranty.

Any notice or reminder provided by The Service including notice of periodically required service to your vehicle is based on estimates only, can not be accurate, and must not and cannot be relied upon for servicing your vehicle, You must determine this on your own based on recommendations of the manufacturer, your service provider, and your personal knowledge of your vehicle.

WE DO NOT CONTROL ANY AUTOMOTIVE SERVICE PROVIDER

The Site is an independent service and Stelland has no ownership interest or other control over any of the dealers and automotive service providers listed in our databases or displayed on any page of The Site. Because the dealers and service providers operate independently of Stelland, we do not make any warranty about any work done by any such provider.

CONTENT ON THIS SITE

The contents of The Site, such as text, graphics, images, information obtained from Stelland's licensors, and other material on The Site (henceforth called the "Content") is protected by copyright under both Canadian and foreign laws. Title to the Content remains with Stelland and its licensors. The Content is subject to change or termination without notice in the editorial discretion of Stelland. All marks and logos appearing on The Site are registered and common-law trade or service marks of Stelland, its licensors, and various third parties. All rights not expressly granted here are reserved to Stelland, its licensors and other third parties.

You are authorized to download, display and print a single copy of any material from The Site for your personal, non-commercial use if you include the following copyright notice: "Copyright ©2006 Stelland Software Corporation Inc. All rights reserved." and any other notice of copyright and proprietary rights which was contained in the material you copy. You may not reproduce, distribute, transmit, perform, publish or commercially exploit any Content without appropriate permission of the copyright owner. This includes e-mailing, faxing, posting to any bulletin board, storage in databases accessible to persons other than yourself, or otherwise making any Content available to others electronically or otherwise.

Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. If you violate any of these Terms, in addition to all or any other rights and recourses which Stelland may have, your permission to use the Content automatically ends and you must immediately destroy any copies you have made of any part of the Content.

THIRD-PARTY SITES, PRODUCTS, AND SERVICES

The Site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

We do not sell, resell, or license any of the products or the services that we list or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

PRIVACY POLICY

All of the information that we collect from you is subject to our privacy policy. Please click here to see our full privacy policy.

YOUR CONDUCT ON THE SITE

If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a username and password, you may not reveal them to anyone else. You may not use anyone else's username or password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your username, password or account or any other breach of security. You also agree to exit from your account at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying The Site and The Services are the property of Stelland, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying The Site or The Services. You agree not to modify the software underlying The Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to The Site or The Services.

Without limiting the foregoing, you agree that you will not use The Site or The Services to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a Stelland representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14. Engage in any illegal activities.

Unauthorized access to The Site or Services is a breach of these Terms and a violation of the law. You agree not to access The Site or Services by any means other than through the interface that is provided by Stelland. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

REQUEST TO REMOVE CERTAIN CONTENT FROM OUR SITE

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Stelland Services, use of Stelland Services, or access to Stelland Services.

MODIFICATIONS TO SERVICE

Stelland reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Stelland Services (or any part thereof) with or without notice. You agree that Stelland shall not be liable to you or to any third party for any modification, suspension or discontinuance of Stelland Services.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold Stelland and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Stelland Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Stelland Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content that you submit to our sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims, without relieving you of your obligation to indemnify us, including but without limiting the generality of the forgoing, for all reasonable costs incurred by us.

ARBITRATION

Stelland may elect to resolve any controversy or claim arising out of or relating to these Terms or The Site by binding arbitration in accordance with the commercial arbitration rules of Province of Ontario, Canada. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto, Ontario, Canada and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario, Canada necessary, which shall have exclusive jurisdiction in all matters, to protect the rights or the property of you or Stelland Software Corporation Inc. (or its agents, suppliers, and subcontractors), pending the completion of arbitration. THE USE BY YOU OF STELLAND SERVICES SHALL BE GOVERNED EXCLUSIVELY BY THE LAWS OF THE PROVINCE OF ONTARIO, AND THE LAWS OF CANADA.

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference or by contract if same applies, constitute the entire agreement between you and Stelland and govern your use of The Site, superceding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the Province of Ontario, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Toronto, Ontario, Canada if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

DISCLAIMERS

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material.

Although the Content contained in the site are based upon up-to-date information, and while Stelland makes all reasonable efforts to insure that all material on this site is correct, accuracy cannot be guaranteed and Stelland makes no warranties or representations as to its accuracy. This Site, and all information and materials contained herein, is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF APPLICABLE, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

STELLAND DOES NOT WARRANT THAT THE SITE AND THE CONTENT ARE FREE FROM ERRORS, OMISSIONS OR OTHER PROGRAM LIMITATIONS, NOR ANY DATA PROVIDED BY AN ORIGINAL EQUIPMENT MANUFACTURER (OEM) OR OTHER MANUFACTURE OF PROVIDER OF SERVICE, OR THAT THE SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 INFORMATION PERTAINING TO YOUR OWNER'S ACCOUNT. YOU SPECIFICALLY ACKNOWLEDGE THAT STELLAND SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES.