Thank you for visiting www.performancemazda.com (the “Site”), developed by Solutions Médias 360 Inc. (“SM360”) and provided to you by Performance Mazda (the “Dealership”). By accessing or using the Site, you agree to be bound by the terms and conditions set forth below (the “Terms”) as a user of the Site. If you do not wish to be bound by the Terms, we ask that you do not access the Site. SM360 and the Dealership may modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Site.
You acknowledge that the information, documents, images, trade-marks, trade names, trade dress, products and any other elements published on the Site (collectively the “Information”) including the manner in which the Information is presented or appears on the Site and all information related thereto, are the sole property of SM360 or the Dealership. No use of any Information may be made by any user of the Site without the prior written authorization of SM360. Except in the case where SM360 has specifically granted someone a written license to use the Information, no license or right, express or implied, is granted to any person or user of the Site. More specifically, no right, title or interest in any Information, including without limitation any logos of other marks of SM360 or the Dealership, is transferred to you as a result of your use of the Site and SM360 and the Dealership reserves complete title and full intellectual property rights in and to such Information.
You assume full responsibility and all risks arising from the use of this Site. SM360 and the Dealership have made and will continue to make all reasonable efforts to include accurate and up-to-date Information on this Site.
The information provided on the Site may contain inaccuracies and errors. SM360 and the Dealership do not guarantee the accuracy or the completeness of this information and disclaim all responsibility for the errors or omissions it contains. The Information displayed on the Site is for information purposes only. Under no circumstances shall SM360 or the Dealership be held liable for damages incurred after accessing and using the Site and the Information it contains. The information contained on the Site is provided on an “as is” basis and is not subject to any implicit or explicit guarantee.
You acknowledge that the Information provided on the Site is provided for your general knowledge only and as such SM360 and the Dealership reserve their right to make additions, deletions or modifications to the Information without prior notification. SM360 and the Dealership may also make improvements and changes to matters described on this Site at any time and without notice.
Under no circumstances, shall SM360, the Dealership or any of its employees, directors, officers, administrators, agents, affiliates or third parties with whom SM360 or the Dealership associate themselves from time to time be liable or responsible for any direct, indirect or incidental damages resulting from the use or the inability to use the Site or for any errors or omissions in the content of or the Information contained in the Site.
In the case you are dissatisfied with the Site, with any of the Information, or with the Terms, your sole and exclusive remedy is to discontinue using the Site.
You undertake to indemnify SM360, the Dealership, their employees, directors, officers, administrators and agents against all liability, fees, expenses and reasonable lawyer fees related (i) to the violation of the Terms herein by yourself or the users of your account, as the case may be (ii) to the use of the Site or (iii) the publication or forwarding of Information or materials on the Site by yourself or by the users of your account, as the case may be.
No Information from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded or distributed in any way, except that you may download a single copy of the Information on a single computer for your personal, non-commercial home use only. Any other use of the Information must be authorized in writing by SM360. Any modification of the Information or any use of the Information for any other purposes is a violation of SM360’s copyright and other proprietary rights. In particular, the use of Information on any other website or networked computer environment is prohibited unless approved by SM360 in writing. To make a request for authorization and/or further information about how to obtain such authorization, please contact:
Solutions Médias 360 Inc.
In the event that SM360 grants to a user the right to use the Information, any such use of the Information shall be subject to the following conditions:
It is credited to SM360 as follows: “Reprinted with the permission of Solutions Médias 360 Inc. All rights reserved”;
All copyright and other proprietary notices are kept intact;
The Information is not manipulated or modified in any way; and
No graphics are used separate from any accompanying text.
Your linking to any off-site pages or material is at your own risk. Links to external websites are provided for information purposes only and shall not be considered as an endorsement by SM360 or the Dealership of the information or views found on those off-site pages. SM360 and the Dealership shall assume no liability or responsibility for the content of any off-site pages or material accessible from the Site.
You shall not create a link to this Site from an external website or any other document without the prior written authorization of SM360 or the Dealership.
Certain functions on the Site allow you to publish content on the Site, for example comments, which will automatically be added on the Site to form an integral part thereof. The discussion forum or the comments on the Site are not moderated. It is always recommended not to publish personal information on the Site, other than personal information that is communicated through the appropriate forms.
By publishing content or any other information to or from this Site, you automatically grant to SM360 and the Dealership a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, without any time or territory limitations, and allow SM360 and the Dealership to sublicense such rights to third parties on the understanding that such license to use will not apply to information communicated through the appropriate forms, which information will be used by SM360 and the Dealership only in accordance with the section “Active Information Collection”.
All interaction on the Site must comply with all applicable laws. Any conduct from a user that, at the sole discretion of SM360 or the Dealership, causes harm to any other user or prevents him from using or visiting the Site is strictly forbidden. A user must not use his profile to advertise or otherwise solicit other users of the Site.
SM360 or the Dealership may terminate the contract binding them to any user at any moment. SM360 and the Dealership have the right to terminate or immediately suspend access to the Site or the password and username of any user following any conduct that SM360 or the Dealership consider unacceptable or if a user violates any of the Terms.
SM360 and the Dealership have the right, but not the obligation, to supervise the content published on the Site at any time in order to determine users’ compliance with the present Terms, and with applicable laws, regulations or to comply with authorized government request. Without limiting the foregoing, SM360 and the Dealership have the right, but not the obligation, to remove any material that they consider, in their sole discretion, to be in violation of the Terms set forth herein or otherwise unacceptable.
The Site is operated from Montreal, Province of Quebec, Canada. Any conflict between a user and SM360 or the Dealership is therefore subject to the laws applicable in the Province of Quebec and the applicable laws of Canada. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec in respect of any action or proceeding arising out or related to the Site.
The Terms, including all documents that they refer to, constitute the entire agreement between SM360, the Dealership and yourself as to the purpose of these Terms. The fact that SM360 and the Dealership do not ask for nor obtain the strict fulfillment of a condition of the Terms shall not be interpreted as the relinquishment on their part of this condition or other right. The fact that one of the conditions of the Terms herein is declared void, invalid or not enforceable by law by a court of competent jurisdiction shall not affect the other terms of this legal disclaimer.