Website Usage Agreement
This is our WEBSITE USAGE AGREEMENT. It states that vw.ca is a private, copyrighted site, the content of which can't be taken, borrowed, copied, or used for anything other than strictly personal reasons. Though everything here might seem obvious, hey, some things just have to be said.
WEBSITE USAGE AGREEMENT BETWEEN USER AND VOLKSWAGEN GROUP CANADA INC. (“Volkswagen Canada”)
List of Restrictions
Neither the Website nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. With respect to any software downloaded by you from the Website, such software, and all elements thereof, are licensed to you by Volkswagen Canada for your personal use only. You may not modify or prepare derivative works based upon the Website, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Website.
Scope of Content
The products and programs mentioned on the Website are subject to availability. All prices shown are the Manufacturer's Suggested Retail Price ("MSRP") and do not include extra costs, such as, but not limited to, freight and PDI, dealer charges, options, registration, levies, fees and taxes. For specific product availability and program information, please visit your local authorized Volkswagen dealer.
Reservation of Rights
All rights, titles, and interests in and to this Website are owned by Volkswagen Canada. The Website is protected by Canada copyright law and international treaty provisions, including, without limitation, the Berne Convention. All trademarks, service marks, and trade names are proprietary to Volkswagen Canada or Volkswagen AG. In particular, the Volkswagen logo, the word "Volkswagen", all Volkswagen vehicle names, and the Volkswagen advertising slogan are registered trademarks. None of the items mentioned herein may be used without the express written consent of Volkswagen Canada. All rights not expressly licensed hereunder are reserved by Volkswagen Canada.
THE WEBSITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. VOLKSWAGEN CANADA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. VOLKSWAGEN CANADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VOLKSWAGEN CANADA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. VOLKSWAGEN CANADA MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEBSITE IS CURRENT, UP-TO-DATE, OR ACCURATE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL VOLKSWAGEN CANADA BE LIABLE TO YOU OR ANY OTHER PARTY FOR AN INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEBSITE.
Links to Third Parties' Websites
This Website may contain hyperlinks, which links you to other documents or Websites that are operated by third parties other than Volkswagen Canada. Such hyperlinks are provided solely for your reference. Volkswagen Canada does not control such Websites and is not responsible for their contents. Volkswagen Canada's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. Accordingly, you agree to hold harmless Volkswagen Canada, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from hyperlinking, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Modification of These Terms and Conditions
Volkswagen Canada reserves the right to change this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. Continued use of this Website following any such changes shall constitute your acceptance of such changes.
General Terms and Conditions
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the province of Ontario, Canada and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the province of Ontario, Canada, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the courts for the province of Ontario for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Ontario courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis. You acknowledges that no joint venture, partnership, employment, or agency relationship exists between you and Volkswagen Canada as a result of this Agreement or use of this Website. You agree not to hold yourself out as a representative, agent, or employee of Volkswagen Canada and Volkswagen Canada shall not be liable for any representation, act, or omission made by you.
Volkswagen Canadas performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Volkswagen Canada's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Volkswagen Canada with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Volkswagen Canada with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Volkswagen Canada with respect to this Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
As a condition of use of this Website, you agree to indemnify Volkswagen Canada, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from your use of this Website, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
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