4×4 Shop Canada provides visitors to our Web Sites with on-line access to information regarding our products and services, including, without limitation, the purchases of products (the “Services”).
License and Access to the Web Sites:
4×4 Shop Canada grants you a limited, non-transferable, non-exclusive license to access and use of its website – 4x4shop.ca. You may only use the Web Site to make legitimate purchases, and/or learn about our products and services and shall not use the Web Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. This license does not include any resale or commercial use of the Web Site or their contents; any derivative use of the Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 4×4 Shop Canada and our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Web Site or the Services, referenced in the Web Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as we see fit, including but not limited to the pricing, and other information and/or functionality. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site or the Services. Any rights not expressly granted by these Terms and Conditions are reserved by 4×4 Shop Canada.
Restrictions on Your Use:
All content within the Web Site and any materials made available on these pages for downloading are the property of 4×4 Shop Canada and/or its affiliates or other third parties. The Web Site and portions of the Web Site are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You may not input or upload to the Web Site any information which contains any viruses, Trojan horses, worms, spiders, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Web Site or their contents or that infringes the intellectual property rights of any other party. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Sites. You may not take any action, which imposes an unreasonable or disproportionately large load on the system providing the Web Site. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site.
Age and Account Responsibility:
If you use the Web Site, you are responsible for maintaining the confidentiality of your purchase. You agree to accept responsibility for all activities that occur during your purchase process. You represent that you are of sufficient legal age to use the Web Site and to create binding legal obligations for any liability you may incur as a result of the use of the Web Site.
Disclosure of Content Monitoring:
Although we have no obligation to monitor any information provided to the Web Site by its users, including without limitation, your personal information, we reserve the right to monitor, retain, and disclose such information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of 4×4 Shop Canada, its users or the public.
Intellectual Property Ownership:
Any and all intellectual property rights associated with the Web Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of 4×4 Shop Canada, or third parties. Except as otherwise expressly authorized by this Agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Sites in any way without 4×4 Shop Canada or the appropriate third party’s prior written permission. Except as provided herein, 4×4 Shop Canada does not grant to you any express or implied rights to 4×4 Shop Canada or any third party’s Intellectual Property. Any rights associated with the content of the Web Site, which is transmitted, downloaded, or otherwise processed by 4×4 Shop Canada, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws.
Your personal information and certain other information about you are subject to our Privacy Statement. The 4×4 Shop Canada Privacy Statement is incorporated into the terms of this Agreement.
You agree that 4×4 Shop Canada, in its sole discretion, may terminate your use of the Web Site, and remove and discard any content within the Web Site, for any reason. You agree that any termination of your access to the Web Site under any provision of this Agreement may be effected without prior notice. Further, you agree that 4×4 Shop Canada shall not be liable to you or any third party for any termination of your access to the Web Site.
The Website may provide or include links to other World Wide Web sites or resources. Because 4×4 Shop Canada has no control over such sites and resources, you acknowledge and agree that 4×4 Shop Canada is not responsible for the availability of such external site, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 4×4 Shop Canada shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or sites available on or through any such site or resource.
4×4 Shop Canada prohibits caching of any portion of the Web Site and any unauthorized hypertext links to the Web Site. 4×4 Shop Canada reserves the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your web site to the Web Site, you must contact 4×4 Shop Canada to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty:
4×4 Shop Canada and any third party providers make no warranty of any kind regarding the web site and/or any materials provided on the web site, all of which are provided on an “as is” “as available” basis.
4×4 Shop Canada and any third party providers do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on the web site and such parties expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose and non- infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither 4×4 Shop Canada., and any third party providers warrant that the web site, their servers or any e-mail sent from 4×4 Shop Canada are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights which vary from state to state and province to province and county to country.
Limitation of Liability:
4×4 Shop Canada assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video or audio from the web site. In no event shall 4×4 Shop Canada, owners of participating third party providers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the web site or content found therein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of the web site for reservations), or (iii) the performance or non performance by 4×4 Shop Canada and any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
If, notwithstanding the foregoing, 4×4 Shop Canada., any owner of a participating parking facility or any third party provider should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Web Sites or their content. In its sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we, at any time and without notice, may terminate or restrict your access to all of or any component of the Web Site. Some states and countries do not allow limitation of liability, so the foregoing limitation may not apply to you.
You shall defend and indemnify 4×4 Shop Canada., and any third party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, as a result of your use of the Web Site.
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the Province and federal courts located in Ontario, Canada, in all questions and controversies arising out of your use of the Web Site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Web Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
If 4×4 Shop Canada or its affiliates take any action to enforce this Agreement and these Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
This Agreement constitutes the entire agreement between you and 4×4 Shop Canada with respect to the subject matter hereof and supersedes all previous agreements or representations, written or oral, with respect to the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The provisions which by their nature should survive termination of this Agreement shall so survive.
This Agreement was last modified and is effective as of January 20, 2019.