Welcome to Gerry’s Truck Centre Ltd.! The Site is owned and operated by Gerry’s Truck Centre Ltd.(collectively, with its subsidiaries and affiliates, "Gerry’s Truck Centre Ltd." "we," or "us"). These terms and conditions apply to persons or entities who access Gerry’s Truck Centre Ltd. website at www.
or its downloadable mobile applications (collectively, the "Site"), including without limitation individuals, businesses and third party organizations that use the Site and/or use services offered through the Site to provide referrals, promotions, coupons, referral fees, incentives and/or rewards to third parties who have been identified as potential customers voluntarily seeking a referral (collectively, with all persons who access the Site, the "User" or "you").
Throughout these Terms and Conditions, all references to the "Site" and "Gerry’s Truck Centre Ltd." shall include any websites of affiliates and subsidiaries of Gerry’s Truck Centre Ltd. that are involved with the provision of the Services and/or the operation of the Site.
Subject to these Terms and Conditions, Gerry’s Truck Centre Ltd. allows Users access to its electronic platform and provides an easy and convenient method for Users to communicate with us and for us to provide Users who successfully participate in the referral program with promotions, coupons, referral fees, incentives and/or rewards. If the User consents to receiving further information and commercial electronic messages (“CEM”) directly from us, Gerry’s Truck Centre Ltd. allows the User access to its electronic platform to send communications, referrals, promotions, coupons, referral fees, incentives and/or rewards to individuals with whom the User has a family relationship or personal relationship (the "Leads") and that the User believes may be interested in the Site and/or purchasing goods and services directly from us (collectively, the “Services”).
IMPORTANT - PLEASE READ CAREFULLY. THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS") CONSTITUTE A LEGAL AGREEMENT BETWEEN GERRY’S TRUCK CENTRE LTD. AND YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY). THIS AGREEMENT, ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE SITE WITH RESPECT TO GERRY’S TRUCK CENTRE LTD.’S SERVICES AND/OR ANY SEPARATE WRITTEN AGREEMENT OR CONTRACT PROVIDING OTHER TERMS AND CONDITIONS THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE SITE AND SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICE.
YOUR ACCEPTANCE. Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Read these terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. Gerry’s Truck Centre Ltd. is pleased to provide the Site and Services conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. We hope that you will find the information provided on the Site informative and useful.
OPERATION OF THE REFERRAL PROGRAM
How the Referral Program Works. If you consent to providing us with your personal information and consent to receiving CEMs directly from us, you will be sent a CEM inviting you to refer a friend to the Site. The User will be provided with a unique referral link (“Personal Link”) that allows the User to receive the promotion, coupon, referral fee, incentive and/or rewards (“Incentive”) advertised on the Site, as applicable. The User can choose to follow the on-screen instructions to refer us to people that you have a family relationship or a personal relationship with, hereinafter as further defined (“Friends”). Users may refer a maximum of 50 Friends throughout the entirety of the Program. In order to receive the Incentive or a further Incentive, referred Friends may be required to complete a task as described in the referral message. This entire process is referred to as the “Program”.
Definition of Friends: For the purposes of the Program, Friends includes individuals that you have a family relationship or a personal relationship with:
family relationship means the relationship between an individual who sends a message and the individual to whom the message is sent if those individuals are related to one another through a marriage, common-law partnership or any legal parent-child or step-parent child relationship and those individuals have had direct, voluntary, two-way communication; and
personal relationship means the relationship between an individual who sends a message and the individual to whom the message is sent, if those individuals have had direct, voluntary, two-way communications and it would be reasonable to conclude that they have a personal relationship, taking into consideration any relevant factors such as the sharing of interests, experiences, opinions and information evidenced in the communications, the frequency of communication, the length of time since the parties communicated or whether the parties have met in person.
Restrictions. Users cannot refer themselves or create multiple, fictitious or fake accounts with the Site. No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than Friends, i.e. individuals to whom you personally know. If we believe that a referral code associated with a User’s account was used in such a manner, we have the right to remove all credit associated with that account and remove the User from the Site. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING LEGAL FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Incentives. In order to qualify for an Incentive, your Friend must not be an existing User of the Site and must be a first-time User of the Service as a result of your referral. You can earn a maximum of $500 in incentives from the Program. These Incentives may be redeemed in various forms in our sole discretion. Restrictions apply. Incentives may not be used to pay for reimbursement of out-of-pocket expenses, taxes, tips, or other fees. Additionally, if the Incentive is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s Terms and Conditions. Incentives are subject to verification. We may delay redemption of an Incentive for the purposes of investigation. We may also refuse to verify and process any transaction for any reason.
Incentives Have No Monetary Value. Unless otherwise stated, Incentives have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.
Bulk Distribution (“Spam”). We discourage spamming. By agreeing to these Terms and Conditions, you understand and agree to only send referral messages to Friends. Any CEM that you send must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with Friends. By submitting any email address as part of the Program, you represent that you have the appropriate permission and consent of your Friend. Bulk email distribution, distribution to strangers, or any other use of the Services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Site and further legal action. Gerry’s Truck Centre Ltd. has no obligation to monitor the Program or any communications between Users and Friends; however, we may choose to do so and block any chat messages, remove any content generated by a User, or prohibit any use of the Program. Users who do not comply with the law, including anti-spam laws, are obligated to indemnify Gerry’s Truck Centre Ltd. against any liabilities, costs and expenses it incurs as a results of such spam, including any legal fees it may incur on a full indemnity basis.
Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program or Incentives at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she/they has/have violated any of these Terms.
USER CONTENT. Gerry’s Truck Centre Ltd. has no responsibility or duty to review, approve or pre-screen any content contained in the CEM between the User and the Friend. Gerry’s Truck Centre Ltd. is not responsible for such content. You understand that all CEMs transmitted by the User to Friends through or in connection with the Service (the "User Content") are the sole responsibility of the User from whom such User Content originated. Gerry’s Truck Centre Ltd. disclaims any and all liability relating to the User Content. Gerry’s Truck Centre Ltd. does not guarantee, and you will not hold Gerry’s Truck Centre Ltd. responsible for, the User Content (including the accuracy or truth of such User Content). You agree that you bear the responsibility to evaluate, and bear all risks associated with, the use of any User Content, and that under no circumstances will Gerry’s Truck Centre Ltd. be liable for any User Content or for any damage or loss of any kind incurred as a result of the use of any User Content.
ADDITIONAL REQUIREMENTS. The Services may be subject to additional guidelines, technical and non-technical specifications, and other requirements, rules, or policies that are not set forth in these Terms, and may be posted on the Site or the applicable screens or page(s) throughout the Site. All such additional guidelines and specifications are hereby incorporated by reference into these Terms. In the event of a conflict between such additional guidelines and specifications and these Terms, the terms of such additional guidelines and specifications shall govern.
MODIFICATIONS. Gerry’s Truck Centre Ltd. may modify or update these Terms from time to time, in its sole discretion, and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) or any or all of the Services, or any feature thereof, with or without notice and without liability to you. You agree that Gerry’s Truck Centre Ltd. has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that Gerry’s Truck Centre Ltd. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Program. Modifications to these Terms, including, but not limited to, any legal requirements, will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the Terms and Conditions link from webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
ACCOUNT REGISTRATION AND USE. In order to use certain features of the Site or applicable Services, you may have to register and create a password-protected account ("Your Account") and/or submit information, content, data or other material ("Information").
Your Account. You agree to: (i) provide true, accurate, current, and complete information as prompted by the registration form; and (ii) maintain and update such information to keep it true, accurate, current, and complete at all times. Gerry’s Truck Centre Ltd. reserves the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if Gerry’s Truck Centre Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify Gerry’s Truck Centre Ltd. of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, and (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Your Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else's password on the Site or attempt to gain access to the v’s account of any other person. Gerry’s Truck Centre Ltd. cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
User Information and Material. By submitting Information and in order for Gerry’s Truck Centre Ltd. to provide you with Services, you hereby consent to Gerry’s Truck Centre Ltd.'s use and sharing of the Information as described in the Privacy Policy.
Cancel Anytime. You may cancel Your Account at any time by unsubscribing then following the specific instructions indicated to you in Gerry’s Truck Centre Ltd.’s response.
Modification or Termination of Your Account by Gerry’s Truck Centre Ltd.. We reserve the right to modify or terminate Your Account or your Services, including Incentives, for any reason, without notice at any time.
Fraud Prohibited. Without limiting any other remedies, Gerry’s Truck Centre Ltd. may suspend or terminate Your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Responsibility for Incentives after Termination of Your Account. If you provided Incentives through the Site, upon cancellation, Your Account will no longer be maintained and Incentives will be void.
REFERRAL MAX IS NOT A PARTY TO THE TRANSACTIONS.
Referral Max Inc. (“Referral Max”) is a marketing consulting firm and serves as an agent for Gerry’s Truck Centre Ltd. to communicate and interact with Users to send Leads promotional codes and incentives in an electronic form for a particular Client. Referral Max does not own or manage Gerry’s Truck Centre Ltd.. Although Referral Max may provide the Services and manage or operate the Site to enable Users to communicate and monitor referrals, promotions, coupons, incentives and/or rewards, Referral Max is not involved in any transactions between Gerry’s Truck Centre Ltd., Users and Leads other than providing the Services and facilitating the communication between the Clients, Users and Leads. As a result, Referral Max shall not be liable under any circumstances for the contents of the referrals, promotions, coupons, incentives, rewards or any other interactions between Users (including, without limiting the foregoing, any interactions or contracts between Clients, Users and Leads).
Referral Max encourages all Users of the Site, including Clients and Users, to engage in responsible use of the Site and to exercise sound judgement when entering into transactions or sending communications. However, in the event that you have a dispute with Gerry’s Truck Centre Ltd., User or Lead, you unequivocally release and save Referral Max harmless from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
GERRY’S TRUCK CENTRE LTD.'S RIGHTS. You acknowledge that Gerry’s Truck Centre Ltd. has the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights’ infringement and Site security issues, to the fullest extent of the law. Gerry’s Truck Centre Ltd. may involve and co-operate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Gerry’s Truck Centre Ltd. has no obligation to monitor your access to or use of the Site or any Service, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
SITE CONTENT GENERALLY. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. Gerry’s Truck Centre Ltd. does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site, including any Incentives. We make no representations or warranties, express or implied, with respect to the information provided on the Site.
THIRD-PARTY LINKS, PRODUCTS AND SERVICES
Third Party Websites and Services. The Site may contain links to third-party websites or resources, including, but not limited to, sites with information about specific products or services. Third-party links are included solely for the convenience of Users, and do not constitute any endorsement or approval by Gerry’s Truck Centre Ltd. of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website or service which may be accessed by a link from the Site, including any representations or warranties as to accuracy or completeness. Because Gerry’s Truck Centre Ltd. has no control over third-party websites, resources or services, you acknowledge and agree that Gerry’s Truck Centre Ltd. is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Gerry’s Truck Centre Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such Site or resource. If you decide to access any such third-party websites, resources or services, or to transact with such third party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies of such third party websites. You acknowledge and understand that [Business Name] does not (i) provide legal, brokerage or other professional advice or services to any Users who use the Site or the Services, or (ii) participate in any negotiations with respect to transactions between third parties, including negotiations and transactions between Clients, Users and Leads.
Google Maps. The Site utilizes Google Maps and related content licensed to Gerry’s Truck Centre Ltd. by Google and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound by the Google Maps/Earth Terms of Service.
OWNERSHIP. You acknowledge and agree that the Site and Services use and contain content, information and proprietary and confidential technology owned by or licensed to Gerry’s Truck Centre Ltd., and protected by applicable intellectual property and other laws and international treaties (collectively, "Gerry’s Truck Centre Ltd. Content"). The Gerry’s Truck Centre Ltd. Content displayed on or through the Site and Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by Gerry’s Truck Centre Ltd. and its licensors under Canadian and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Gerry’s Truck Centre Ltd. Content, the Site or access to the Site in any way without the prior written permission of Gerry’s Truck Centre Ltd.. All content on the Site that is not Gerry’s Truck Centre Ltd. Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any Gerry’s Truck Centre Ltd. Content. GERRY’S TRUCK CENTRE LTD., the Gerry’s Truck Centre Ltd. logo, GERRY’S TRUCK CENTRE LTD., and the Gerry’s Truck Centre Ltd. logo (the “Gerry’s Truck Centre ltd. Marks") are or may be trademarks, trade names, or service marks of Gerry’s Truck Centre Ltd.. You are not authorized to use or display the Gerry’s Truck Centre Ltd. Marks, without the express prior permission of Gerry’s Truck Centre Ltd.. Ownership of all Gerry’s Truck Centre Ltd. Marks and the goodwill associated therewith remains with Gerry’s Truck Centre Ltd.. All other trademarks, if any, are the property of their respective owners.
INDEMNITY. You agree to indemnify, defend and hold Gerry’s Truck Centre Ltd. and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Indemnified Parties") harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys' fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) your Information or User Content contributed to or submitted through the Site or the Services, including without limitation, information associated with Your Account; (iii) your conduct, including your use of the Site and Services; (iv) your connection to the Site; (v) any violation or breach of these Terms; or (vi) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services (collectively, the "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Indemnified Parties. Gerry’s Truck Centre Ltd. shall have the right, in its sole discretion, to select its own legal counsel to defend Gerry’s Truck Centre Ltd. from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Gerry’s Truck Centre Ltd.'s reasonable legal or accounting fees incurred in connection therewith. You shall notify Gerry’s Truck Centre Ltd. immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Gerry’s Truck Centre Ltd.'s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Gerry’s Truck Centre Ltd., settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Gerry’s Truck Centre Ltd..
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, GERRY’S TRUCK CENTRE LTD. AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
GERRY’S TRUCK CENTRE LTD. and its licensors make no warranty: (i) regarding the security, accuracy, reliability, completeness, timeliness and performance of the Site or Service; (ii) regarding the Services, advice, information or links obtained through the Site; (iii) that the Services or the Site, or any information and materials therein will meet Your requirements; (iv) that the Services or Site, or any functions contained in the Site, will be error-free, secure, timely, or uninterrupted; (v) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (vi) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (vii) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
No advice or information, whether oral or written, obtained by You from GERRY’S TRUCK CENTRE LTD. or from Your use of the Site or Services, shall create any warranty not expressly stated in these Terms.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
GERRY’S TRUCK CENTRE LTD. and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors WILL NOT BE LIABLE FOR:
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/ OR ANY GERRY’S TRUCK CENTRE LTD. SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GERRY’S TRUCK CENTRE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF PRIVACY OR OTHER UNAUTHORIZED ACCESS, USE, AND/OR DISCLOSURE OF YOUR PERSONAL INFORMATION OBTAINED FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GERRY’S TRUCK CENTRE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;
the content, services or information provided by any website purporting to be operated by GERRY’S TRUCK CENTRE LTD. or its affiliates, but not actually affiliated with, controlled, owned, or operated by GERRY’S TRUCK CENTRE LTD.;
the content of any website not controlled, owned, or operated by GERRY’S TRUCK CENTRE LTD. that is accessed from or linked to the Site;
any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.
ENFORCEMENT. Gerry’s Truck Centre Ltd. does not assume responsibility to you or others for any failure by Gerry’s Truck Centre Ltd. to enforce the provisions contained in the Terms.
TERMINATION. You agree that Gerry’s Truck Centre Ltd., in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) or any or all Services for any reason, including, without limitation, for lack of use or if Gerry’s Truck Centre Ltd. believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Gerry’s Truck Centre Ltd. may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Gerry’s Truck Centre Ltd. may immediately bar any further access to the Site. Further, you agree that Gerry’s Truck Centre Ltd. shall not be liable to you or any third party for any termination of your access to the Site or the Services.
AUTHORITY. You hereby represent and warrant to Gerry’s Truck Centre Ltd. that: (i) you have all the requisite power and authority, corporate or otherwise, to enter into the binding contract created by these Terms, conduct yourself and your business and to execute, deliver, and perform all of your obligations under this Agreement; (ii) you have the right to submit and use your Information and Materials in the manner you have done so to or through the Site and/or through Your Account; (iii) you have the right to grant the licenses granted under these Terms; (iv) your performance under these Terms and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; and (v) your performance under these Terms will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign.
PRIVACY. The terms and conditions of the Gerry’s Truck Centre Ltd. Privacy Policy are incorporated herein by reference. In the event of a conflict between these Terms and those in the Privacy Policy, the terms of the Privacy Policy shall govern.
GENERAL
Governing Law. The Terms and the relationship between you and Gerry’s Truck Centre Ltd. shall be governed by and construed in accordance with the laws of the province of Ontario, Canada. For all legal proceedings arising out of use of the Site and/or relating to the Terms, you and Gerry’s Truck Centre Ltd. hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the City of London, in the Province of Ontario (or the court of competent jurisdiction closest to the City of London, Ontario if no court of competent jurisdiction resides in the City of London, Ontario), and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Gerry’s Truck Centre Ltd. irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Gerry’s Truck Centre Ltd., which may be granted or withheld by Gerry’s Truck Centre Ltd. in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Gerry’s Truck Centre Ltd. may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and enure to the benefit of each party's permitted successors and assigns.
Waiver. The failure to exercise or enforce any right or provision shall not affect Gerry’s Truck Centre Ltd.'s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
Entire Agreement. These Terms, the Privacy Policy and the Gerry’s Truck Centre Ltd. Requirements constitute the entire and exclusive understanding and agreement between you and Gerry’s Truck Centre Ltd. regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral, between you and Gerry’s Truck Centre Ltd. relating to this subject matter.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred notwithstanding any provision in the Limitation Act of Ontario.
Headings. The section headings and sub-headings contained in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Support. If you have any questions or concerns about the Site, the Terms or the Privacy Policy, please contact Gerry’s Truck Centre Ltd. at: 4049 Eastgate Crescent, London, ON N6L 1B5, 519-652-2100. MWardle@gerrystrucks.com
