General
These terms and conditions of use (“Terms of Use”) apply to your access to and use of www.canadianblackbook.com (the “Website”). This Website is owned by Hearst Business Media Corporation (“HBM”) and operated under license by Canadian Black Book, Inc. (“CBB”). CBB has the right at any time to change, alter, add and/or remove portions of the Terms of Use by updating the contents of this page. You are advised to periodically visit this page and review current Terms of Use. CBB, at its sole discretion, and without prior notice, reserves the right to alter or discontinue any aspect or feature of this Website, including but not limited to, the content, equipment and software needed for access or use, and minimum equipment and software requirements of this Website.
Please read our Terms of Use carefully before using the Website. By using the Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with any part of these Terms of Use or our Privacy Policy, you must not use the Website. Your continued use of the Website will constitute your acceptance of these Terms of Use and our Privacy Policy, as may be modified by CBB at any time without notice to you. Please check this page regularly for updates. The amended Terms of Use will be effective from the date they are posted on this Website. Your continued use of this Website will constitute your acceptance of the amended Terms of Use.
If you breach any term of these Terms of Use, your right to access and use this Website shall cease immediately.
This Website contains information for and is designed for use in Canada and for those requiring Canadian vehicle information. If you access this Website outside Canada, you will hold CBB harmless in the event that accessing information on the Website is in violation of your local laws. Exporting information from the Website is subject to all export laws and you will hold CBB harmless should any export of information from the Website be considered a violation of local laws.
Our Service
Information on the Website is provided for general purposes only. Information should not be relied upon, as it is provided for you to select the product or service that you feel is most appropriate to meet your needs. You should always check the suitability, adequacy and appropriateness of the product or service that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any product or service. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this Website, we suggest that you seek independent professional advice before you obtain any product or service via this Website.
Please be aware that nothing on this Website is, or shall be deemed to constitute, an offer by us or any third party to sell to you any product or service. Nor will we enter into any contract with you in respect of any product or service. By submitting your details, you are making an offer to obtain the relevant product or service from the relevant third party on its terms and conditions that may be accepted or rejected. The contract for the product or service will only be concluded once your offer has been accepted.
Permitted Use
You are only permitted to access and use this Website for your personal, non-commercial purposes, meaning this Website may only be accessed and used directly by a private individual or by a business to seek a product or service directly for that individual or business and on their own behalf. Access to and use of this Website other than for your personal, non-commercial purposes is strictly prohibited.
You are not permitted to use this Website:
In any unlawful, fraudulent or commercial manner.
To harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person’s privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us.
To create, check, confirm, update, modify or amend your own or another person’s databases, records or directories.
To tamper with, modify, reverse engineer or amend any part of this Website. In a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us.
Using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program or system.
You may operate a link to this Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to this Website in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to immediately remove any link to this Website at any time and we may withdraw any linking permission at any time.
All intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names trading names, service marks and trade-marks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how processes and business method (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved.
This Website and its contents are protected by Canadian copyright laws and other applicable laws and provisions of countries throughout the world and are owned by CBB or its affiliates (collectively, the “CBB Companies”). Under no terms, implied or expressed, may you directly or indirectly (i) modify, enhance, alter or in any way change the Website or prepare derivative works from the Website; (ii) reverse engineer, decompile or disassemble the Website; (iii) use the Website or its contents for any commercial purposes; (iv) publish, distribute, extract, excerpt, display, reformat, reutilize or reproduce; (v) use any automated software, process, program or system, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program or system on the Website; (vi) sell or transfer to any third party; or (vii) tamper with, obstruct, conceal, modify, manipulate, alter, transmit, remove or destroy any material contained within the Website, including any copyright, patent, trademark, confidentiality notices or other items which may be considered intellectual property that are placed upon or contained within the Website.
Images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s).
The foregoing provisions of Section 3 are for the benefit of CBB and the CBB Companies and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Your Responsibilities
You may complete a registration process as part of your use of this Website, which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Where you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on this Website using your username, password and/or other identification information.
Disclaimer of Warranty; Limitation of Liability
THE WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY CBB ON AN “AS IS” AND “AS AVAILABLE” BASIS. CBB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE warrant that access to the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy or reliability of any information, service, or product provided through the Website.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, 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 the Website, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that CBB is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
IN NO EVENT WILL CBB, THE CBB COMPANIES, THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, ITS SERVICES OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICE AVAILABLE THROUGH THE WEBSITE THAT IS DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL CBB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING THEIR OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
Privacy
We are committed to protecting your privacy and we treat your privacy very seriously. We process information about you in line with our Privacy Policy. By using this Website, you agree to the way in which we process and deal with your personal information.
Indemnification
You agree to hold harmless and indemnify CBB, the CBB Companies, and their respective directors, officers, employees, contractors and agents from and against all claims, actions, demands, damages, costs, liabilities, losses, and expenses made by any third party due to and from use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity relating to the Website.
Third Party Content and Links
The Website may provide links to other websites and access to content, products and services from third parties, including information providers and users. All third party websites linked to or from the Website are independently operated and maintained and you expressly agree that CBB is not responsible for the availability of and content provided on third party websites. YOU AGREE THAT CBB IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR IN CONNECTION WITH YOUR USE OF ANY THIRD PARTY WEBSITES OR FOR ANY ACTS, OMISSIONS, ERRORS OR DEFAULTS OF ANY THIRD PARTY IN CONNECTION WITH THEIR WEBSITE OR ARISING FROM YOUR DEALINGS WITH THE THIRD PARTY.
By providing links to third parties within the Website, CBB does not endorse, recommend or accept responsibility for such third parties, their products or services, their websites, or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise). Nothing contained herein shall be deemed to constitute a partnership, joint venture or other relationship between the operators of the linked sites and CBB.
Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms of Use and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any Third Party website before using that website. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any Third Party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.
CBB Financial™
CBB Financial™ is a service offered by Canadian Black Book, Inc. in conjunction with Travelers Financial Group and Inovatec Systems Corporation (together the “CBB Financial™ Partners”). The Personal Information you provide to us in connection with this service will be electronically transmitted to the CBB Financial™ Partners, who may then disclose it to third party lenders, and credit bureaus.
You will need to answer a number of questions on this Website in order to obtain a quote from a lender. These questions are designed to ensure that the CBB Financial™ Partners, third party lenders, and credit bureaus have all relevant information necessary to determine your qualification for a product. Your qualification for the product will be determined by the answers you provide to these questions. It is therefore very important that you answer all of the questions truthfully, completely and accurately and that you disclose all relevant facts. Failure to do so could invalidate any quote. The information you provide may be used to carry out certain credit checks through licensed credit-referencing agencies. This is used as part of the underwriting process and a record of this search will be made although this will not adversely affect your credit profile.
CBB is not responsible for any errors or omissions contained in the information you provide, any decisions made by the CBB Financial™ Partners or third party lenders, whether based on that information or otherwise, nor for your failure to qualify for any product through CBB Financial™. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data transmitted to the CBB Financial™ Partners, credit bureaus or third party lenders about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts.
Your rights and obligations pursuant to any loan or financing contract entered into between you and a third party lender are governed solely by the terms of that loan or financing contract. CBB accepts no responsibility or liability whatsoever for any loss or damage you may suffer or incur in the event that any product you apply for or contract for through CBB Financial™ does not met your requirements or is not suitable for you.
Miscellaneous
These Terms of Use and any other rules, guidelines, licenses and disclaimers posted on the Website constitute the entire agreement between you and CBB with respect to your use of this Website. You agree that all matters relating to your access to or use of the Website shall be governed by the laws of the Province of Ontario and of Canada, without regard to the principles of conflict of laws. You agree to submit to the exclusive personal jurisdiction of the courts of the Province of Ontario sitting at Toronto. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall remain in full force and effect. Any failure by CBB to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision. The section headings used herein are for convenience only and shall not be given any legal import.