TERMS & CONDITIONS
This page states the Terms and Conditions under which you may use the web site operated by Canadian Kawasaki Motors Inc. (the “CKM”). Please read these Terms and Conditions of Use for the Company’s web site (the “Terms and Conditions”) carefully. Any use of the Company’s web site (“Site”) will constitute your acceptance of these Terms and Conditions. If you do not accept the Terms and Conditions stated here, please refrain from using the Site.
The Company may revise these Terms and Conditions at any time and in its sole discretion by updating this posting. You should visit this page periodically to review the Terms and Conditions, because by continuing to use this Site they are binding on you. Your use of the Site will be subject to the most current version of the Terms and Conditions posted on the Site at the time of such use. Your continued use of the Site following the Company’s posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these Terms and Conditions, please immediately discontinue your use of the Site.
Section 1. Use of Material
The Company authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use, without any alterations. Special rules may apply to the use of certain software and other items provided from time to time on the Site as set forth in Section 7 of these Terms and Conditions. Any other special rules may be also listed on the Legal Notices page of the Site and are incorporated into these Terms and Conditions by this reference.
The contents of the Company’s Site, such as text, graphics, photographs, images and other material (“Material”), are protected by copyright under Canadian and international laws. Unauthorized use of the Material may violate copyright, trade-mark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, publish, license, prepare derivative works based upon, re-post or otherwise use the Material in any way for any public or commercial purpose. Nothing contained in these Terms and Conditions should be construed as granting, by implication or otherwise, any license or right to use any trade-mark displayed on this Site, except in connection with the rights granted to you in the first paragraph of Section 1.
If you violate any of these Terms and Conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Company’s Liability.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site or the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. ANY SOFTWARE OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOUR USE OF THE SITE IS USED BY YOU AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF SUCH SOFTWARE OR MATERIAL. IF YOUR USE OF THE SITE, THE MATERIAL OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
EVERYTHING ON THE SITE, INCLUDING THE MATERIAL AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. THE COMPANY, ITS DEALERS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY, ITS DEALERS AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS OR LINKS CONTAINED IN OR ON THE SITE.
Section 3. Disclaimer.
IN NO EVENT SHALL THE COMPANY, ITS DEALERS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR OTHER INTANGIBLE LOSSES OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE MATERIAL AND THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STATUTE, COMMON LAW, EQUITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, homophobic, sexist, racially, ethnically or otherwise objectionable, abusive, hateful or embarrassing to another user or any other person or entity; post any sexually-explicit images; post advertisements or solicitations of business including “spam”; post chain letters or pyramid schemes; or impersonate another person.
You also agree that you will use this Site for lawful purposes only and represent and warrant that you will not use the Site to (i) upload, post, e-mail or otherwise transmit any communications or materials to the Site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionally large load on the Site’s infrastructure or limits the functionality of any Company or third party computer hardware, software, networks, or hardware or telecommunications equipment; (ii) interfere with or disrupt the Site or servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Site; (iii) direct bots, spiders, crawlers or any other automated process at the Company’s computer systems or otherwise; or (iv) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of the communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Site for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive or otherwise determined, in its sole discretion, to be objectionable.
Section 6. Links to Other Web Sites.
Section 7. Software Licenses.
All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated Legal Notices accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of such License Agreement.
Section 8. Indemnity.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, shareholders, affiliates, subsidiaries, parents and advisors, from and against any claims, losses, judgments, damages, costs, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Material (including Software) or your breach of the Terms and Conditions. The Company shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Violations.
Please report any violations of these Terms and Conditions to the Privacy Officer at 093 123 6730.
Section 10. Termination.
You acknowledge and agree that these Terms and Conditions will remain in effect for so long as you use the Site and the Material. You agree that this agreement can only be terminated by you once you have stopped using the Site and the Material. The Company reserves the right to terminate your use of the Site and the Material at any time, for any reason, with or without cause, if the Company believes that you are violating these Terms and Conditions in any way. Sections 1, 2, 3, 4, 5, 6, 8, 9 and 11 will survive any termination of these Terms and Conditions for any reason.
Section 11. General.