» Visitor Agreement

Visitor Agreement

Welcome to CoxAutoInc.com (the “Site”). By using this Site, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and Cox Automotive Canada Company (“Cox Automotive Canada”), 2700 Matheson Blvd, East, Suite 800E, East Tower, Mississauga, ON L4W 4V9; please read it carefully.

Cox Automotive Canada respects your privacy. Please take a moment to review our privacy statement

We may change the terms of this agreement from time to time, without prior notice. By continuing to use the Site after we post any such changes, you accept this agreement, as modified.

The material that appears on this Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on our Site, you should confirm any facts that are important to your decision.

INTELLECTUAL PROPETY AND OWNERSHIP

Our Site is made available for your personal, non‐commercial use only. The Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement are the property of Cox Automotive Canada, or its licensors, and are protected by all forms by intellectual property laws including without limitation, Canadian and international copyright, trademark, patent, trade secret, and any other proprietary rights. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this Site. You may display and occasionally print a single copy of any page on the Site for your personal, non‐commercial use, but you may not otherwise reproduce any material appearing on this Site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this Site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on this Site should be sent to our Customer Service Manager, Cox Automotive Canada, 2700 Matheson Blvd, East, Suite 800E, East Tower, Mississauga, ON L4W.

You are free to establish a link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Cox Automotive Canada, or any of its affiliates. However, without the prior written permission of Cox Automotive Canada, you may not frame any of the content of this Site, nor incorporate into another website or other service any intellectual property of Cox Automotive Canada, or its licensors.

The names of other products and services referred to on the Site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark. All contents of this Site are: Copyright 2020 Cox Automotive Canada. and/or its licensors. All rights reserved.

THIRD PARTY LINKS

For your convenience, this Site may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

1. ARBITRATION AGREEMENT. YOU AND COX AUTOMOTIVE CANADAAGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE VISITOR AGREEMENT, THIS SITE, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION INSTEAD OF LITIGATION IN COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.

2. CLASS ACTION WAIVER: YOU AND COX AUTOMOTIVE CANADA AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor Cox Automotive Canada may participate in a class or representative action in court as a class member if the claims asserted in the arbitration would fall within the scope of this arbitration agreement if asserted directly by you or Cox Automotive Canada, Inc. To be clear, you and Cox Automotive Canada, Inc. both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver section of the Visitor Agreement will remain in full force and effect.

1. ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and COX AUTOTMOTIVE CANADA agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Visitor Agreement (including the limitations of liability section of this agreement), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with COX AUTOTMOTIVE CANADA. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.

2. ARBITRATION PROCEDURES: You and COX AUTOTMOTIVE CANADA agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, COX AUTOTMOTIVE CANADA will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. The arbitration will be held in a mutually agreeable and convenient location.

3. SURVIVAL: This arbitration agreement survives the termination of this Visitor Agreement between you and COX AUTOTMOTIVE CANADA.

JURY TRIAL WAIVER.

You and COX AUTOTMOTIVE CANADA. expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration provisions contained in this agreement is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.

Disclaimer of Warranties, Limitation of Liability, and Indemnification

1. IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS SITE. THIS SITE IS PROVIDED TO YOU “AS IS.” COX AUTOTMOTIVE CANADA AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE. NOR DO WE OR THEY GUARANTEE THAT THIS SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COX AUTOTMOTIVEAND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD PARTY.

2. UNDER NO CIRCUMSTANCES WILL COX AUTOTMOTIVEOR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS SITE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF COX AUTOTMOTIVEAND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE SITE.

3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

4. YOU AGREE TO INDEMNIFY COX AUTOTMOTIVE CANADAAND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THIS VISITOR AGREEMENT.

MISCELLANEOUS

JURISDICTION

The Site and the terms of this Visitor Agreement will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Site and under this Visitor Agreement will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under the terms of this Visitor Agreement without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under the Visitor Agreement.

NO WAIVERS

No waiver under this Visitor Agreement is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from the Visitor Agreement it operates, or may be construed, as a waiver thereof.

SEVERABILITY

If any term or provision of this Visitor Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the terms of this Visitor Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENTIRE AGREEMENT

The Visitor Agreement and our Privacy Statement constitute the sole and entire agreement between you and Cox Automotive Canada, Inc. regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter

Effective: July 6, 2020