Cars and Cars Terms of Service

Welcome to Cars and Cars

Thank you for using our products and services (“Services”). CarsAndCars.ca provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: Terms of Service.
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the CarsAndCars.ca domain name, the "CarsAndCars.ca Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms of Service"), AND (2) CarsAndCars.ca'S PRIVACY POLICY at Privacy. If you do not agree to any of these terms, then please do not use the CarsAndCars.ca Website.

CarsAndCars.ca WebSite

You understand and agree that the Service may include advertisements and that these advertisements are necessary for CarsAndCars.ca to provide the Service. The CarsAndCars.ca Website may contain links to third party websites that are not owned or controlled by CarsAndCars.ca. CarsAndCars.ca has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CarsAndCars.ca will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CarsAndCars.ca from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the CarsAndCars.ca Website and to read the terms and conditions and privacy policy of each other website that you visit.You must be at least 13 years of age to access the CarsAndCars.ca Website.

Website Access

A. CarsAndCars.ca hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without CarsAndCars.ca's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms of Service.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the CarsAndCars.ca servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. CarsAndCars.ca grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CarsAndCars.ca reserves the right to revoke these exceptions either generally or in specific cases. You agree not to use the communication systems provided by the Website for any commercial solicitation purposes.
C. CarsAndCars.ca has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

CarsAndCars.ca is an Advertising and Research Service

CarsAndCars.ca operates the Site as an online advertising and research service for car buyers, sellers and enthusiasts. CarsAndCars.ca does not sell vehicles directly and is never a party to any transaction between vehicle buyers and sellers that originates on or through the CarsAndCars.ca Sites. Information about a particular vehicle is supplied by the seller, not by CarsAndCars.ca. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. As a result, CarsAndCars.ca does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.

Online Content

While CarsAndCars.ca makes every effort to ensure that all of the content on our site is up-to-date, readily available, and clearly explained, WE CANNOT GUARANTEE THAT THE SITE WILL ALWAYS BE UP OR THAT ITS CONTENTS WILL ALWAYS BE ACCURATE. CIRCUMSTANCES BEYOND OUR CONTROL MAY OCCASIONALLY MAKE THE SITE UNAVAILABLE; DATA TRANSMISSIONS MAY BE INTERRUPTED; AND WE MAY PROVIDE LINKS TO OTHER SITES WHOSE CONTENT WE CANNOT MONITOR OR OTHERWISE MANAGE

Typographical Errors

While we try to make sure that all prices posted here are accurate at all times, we cannot be responsible for typographical and other errors that may appear on the site. If the posted price for a product or service is incorrect due to typographical or other error (e.g., data transmission, data processing), CarsAndCars.ca is only responsible for the correct price, which we will endeavor to provide to you as soon as we become aware of the error. CarsAndCars.ca reserves the right to refuse or cancel any orders for products or services listed at an incorrect price.

Buying a Vehicle

The prices listed by sellers on the CarsAndCars.ca often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Before purchasing a vehicle or any other good or service you have read about on the CarsAndCars.ca, you should confirm with the seller any information, including the price that is important to your purchasing decision. CarsAndCars.ca is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on the CarsAndCars.ca. You are responsible for making all relevant searches, inquiries and investigations in relation to any listed vehicle. CarsAndCars.ca will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person. CarsAndCars.ca may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. While CarsAndCars.ca requests sellers check this information, it may be possible for information to be inaccurate.

Listing Your Vehicle

A. The Seller is responsible for compliance with all applicable federal, provincial and local laws and regulations relating to the Services and to the Seller’s use of the Services, including but not limited to advertising, intellectual property and privacy laws. The Seller acknowledges that CarsAndCars.ca is not responsible for and makes no representations regarding compliance with any such laws.
B. The Seller has either selected Services that require data to be submitted directly to CarsAndCars.ca or has selected Services that include CarsAndCars.ca collecting the data. The Seller shall use its best efforts to ensure that the data provided to or collected by CarsAndCars.ca is accurate and complete and in the event the data contains an inaccuracy, the Seller shall notify CarsAndCars.ca immediately and shall use its best efforts to immediately correct such inaccuracy. The onus rests upon Seller to supply CarsAndCars.ca with suitable, detailed and accurate data.
C. CarsAndCars.ca may use the data to advertise Seller’s vehicle(s) on CarsAndCars.ca in a format consistent with other vehicle listings included on the CarsAndCars.ca. The Seller acknowledges and agrees that the data may be reformatted or otherwise decoded as may be necessary to conform and adapt the data to the technical requirements of CarsAndCars.ca.
D. Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through CarsAndCars.ca
E. Photos submitted with a vehicle for publication must: (i) correspond to the actual vehicle being offering for sale, (ii) not include any images of people, (iii) not be digitally altered, (iv) not contain any watermarks.
F. When you list a vehicle for sale through CarsAndCars.ca, we may obtain additional distribution for your listing through our relationships with other websites. We also may promote your listing on or through third-party websites or services. Neither CarsAndCars.ca nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure.
G. Listings are not to be used to advertise more than one vehicle, regardless of a listing's duration. Listing fees are generally not refundable. By using the CarsAndCars.ca to sell your vehicle, you agree to pay the price of the package you select and the prices of any advertising upgrades, regardless of whether your vehicle sells as a result of the listing. You also agree to pay any applicable taxes.
H. When you offer a vehicle for sale through CarsAndCars.ca, you must be prepared to sell that vehicle at the price at which, and the terms on which, you've listed it. You must have possession of the actual vehicle listed and the ability to transfer title.
I. By listing a vehicle for sale on CarsAndCars.ca, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
J. CarsAndCars.ca DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THIS SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.
K. If CarsAndCars.ca determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, CarsAndCars.ca reserves the right to reject or immediately remove your listing(s) from the CarsAndCars.ca without notice and without liability or providing a refund.
L. By placing ads on CarsAndCars.ca you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy CarsAndCars.ca or our affiliated products and services. CarsAndCars.ca retains the right to deny access to anyone who we believe has violated these Terms of Service.

Payment

You must use care when selecting your ad package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your vehicle. By placing an ad, you agree to pay all fees and charges incurred at the rates in effect for the billing period covering the advertising package(s) you obtain, regardless of whether your vehicle sells as a result of the ad package(s) you purchase. You also agree to pay any applicable taxes.

Intellectual Property Rights

The Website is our exclusive property. We grant you a free, personal, non-exclusive and non-transferable right to access and use the Website. All other rights are expressly excluded without our prior written consent. The content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by CarsAndCars.ca or our owners, affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without CarsAndCars.ca's prior written consent. CarsAndCars.ca reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CarsAndCars.ca, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CarsAndCars.ca MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. CarsAndCars.ca DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND CarsAndCars.ca WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. .

Limitation of Liability

IN NO EVENT SHALL CarsAndCars.ca, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CarsAndCars.ca IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CarsAndCars.ca SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless CarsAndCars.ca, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the CarsAndCars.ca Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the CarsAndCars.ca Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the CarsAndCars.ca Website is not intended for children under 13. If you are under 13 years of age, then please do not use the CarsAndCars.ca Website.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CarsAndCars.ca without restriction.

General British Columbia

This Web Site is based in Vancouver, British Columbia, Canada. These Terms of Service shall be governed by the internal substantive laws of the Province of British Columbia, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and CarsAndCars.ca that arises in whole or in part from the Website or these Terms of Service shall be decided exclusively by a provincial court located in British Columbia, Canada. These Terms of Service, together with the Privacy Notice at http://www.CarsAndCars.ca/privacy/ and any other legal notices published by CarsAndCars.ca on the Website, shall constitute the entire agreement between you and CarsAndCars.ca concerning the CarsAndCars.ca Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CarsAndCars.ca 's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. CarsAndCars.ca reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the CarsAndCars.ca Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CarsAndCars.ca AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CarsAndCars.ca WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.