The Greater Toronto Collector Car Museum Web Site (the “Site”) is an online information service provided by Greater Toronto Collector Car Museum (“GTCCM “), subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. GTCCM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are GTCCM, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE without the express written consent of GTCCM. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials and acknowledge GTCCM or the material’s author(s) as the source of the material. You agree to grant to GTCCM a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to GTCCM by all means and in any media now known or hereafter developed. You also grant to GTCCM the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against GTCCM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to GTCCM.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of GTCCM. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
You understand that, except for information, products or services clearly identified as being supplied by GTCCM, GTCCM does not operate, control or endorse any information, products or services on the Internet in any way. Except for GTCCM identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with GTCCM. You also understand that GTCCM cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. GTCCM PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND GTCCM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. GTCCM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. GTCCM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL GTCCM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF GTCCM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. USERS MUST TAKE REASONABLE PRECAUTIONS TO ENSURE COMPUTERS ARE VIRUS FREE AND THAT THEY RETAIN A BACKUP OF THEIR FILES BEFORE ATTEMPTING TO DOWNLOAD ANY MATERIAL OFF A WEB SITE. GTCCM NOTES THAT THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FROM TIME TO TIME. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, GTCCM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS REGARDING THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE MATERIALS HEREIN. THE USER AND NOT GTCCM ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. GTCCM DOES NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. GTCCM ALSO PROVIDES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE.
GTCCM makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-GTCCM web site, please understand that it is independent from GTCCM, and that GTCCM has no control over the content on that web site. In addition, a link to a GTCCM web site does not mean that GTCCM endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless GTCCM, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of GTCCM and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
User shall refrain from submitting any content to this Site which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes third party intellectual property laws or violates other laws. The Web site must not be used to solicit customers or sell products or services. Users may not use the e-mail service to send unauthorized or unsolicited e-mails including “spam”. In the event of any violation of these legal terms, GTCCM may immediately terminate your use of the Site and User shall indemnify GTCCM and its designees against any and all third party claims, if any, as a result.
This Agreement shall all be governed and construed in accordance with the laws of Canada applicable to agreements made and to be performed in Canada. You agree that any legal action or proceeding between GTCCM and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in the province of Ontario. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. GTCCM’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. GTCCM may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
GTCCM RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THIS SITE AND THE DISCLAIMERS AND TERMS AND CONDITIONS HEREIN AT ANY TIME WITHOUT PRIOR NOTICE. YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND DISCRETION.