Terms and conditions

Overview

This website is operated by OTTOFACT. This Agreement governs the entirety of your understanding and relationship with OTTOFACT Inc. ("we", "us", or "our"), the owner and operator of the Website offering the Services and supersedes all earlier versions of any agreement offered on the Website in relation to the Services. We reserve the right to add, delete and/or to modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting any revised, updated, and/or new Agreement on the Website. As a condition of your use and/or continued use of the Services, you acknowledge and accept that it is your sole responsibility to keep current as to any changes to the Agreement that may be posted from time to time on the Website. Accordingly, your continued use of the Services, following the posting of any revisions to the Agreement on the Website (including this version of the Agreement), and/or following the delivery by email to you of notification of such changes, will constitute binding acceptance of the Agreement and its changes, subject to the termination terms below. Any changes to the Agreement are effective immediately upon being posted to the Website. Your activation and use of the Services represent your intention and agreement to be bound by all the terms in the Agreement. You affirm that you are at least eighteen (18) years of age. If you are acting on behalf of a corporation, you affirm that you have the authority to do so, and that accordingly, such corporation shall be bound by all the terms of the Agreement. You represent that the registration information provided is accurate and complete, and that it is your responsibility to keep your registration information current and up-to-date.

By visiting our website and/or purchasing from us you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). You further agree that you will not use your account or enable your account to be used by a third party. You also agree not to engage in any of the following activities: i) Sending or transmitting unsolicited advertisements or content ("Spam") through the Services, whether via e-mail, Usenet, or any other communication channel. ii) Sending or transmitting any illegal content either through or to the Service. iii) Uploading, downloading, posting, reproducing, or distribution of any content protected by copyright, or other proprietary right, without first having obtained permission of the copyright owner or the intended (or current) vehicle owner. iv). Attempting to use the Services as a means to defraud and/or to avoid due compensation for use of paid services that would normally be due to any individual or corporation offering such services. v) Engaging in any conduct that restricts or inhibits any other account holder from using or enjoying the Services. vi) Attempting to access, probe, or connect to computing devices without proper authorization. vii) Posting to or transmitting through the Services any unlawful communications and material, including, but not limited to, any communications and material that could be deemed as harmful, threatening, abusive, harassing, defamatory, hateful, and/or discriminatory; that encourages conduct that may constitute a criminal offence; and/or that might give rise to civil liability or otherwise violate any applicable local, state, federal or international law. viii) Using the Service for anything other than lawful purposes. Violations of this Usage Policy will result in immediate termination of your account, without any refund of amounts previously paid for the Services. Additionally, you will be held responsible for any and all damages incurred by us by reason of your violation(s) of this Usage Policy, including, but not limited to, associated legal fees and costs.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Disclaimers: Cautions and Restrictions

I. Disclaimer — Content and Third-Party Services

As a condition of your use of the Services, you acknowledge and accept that we do not control — nor are we responsible for — any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. You acknowledge and agree that we are not in the position to determine whether you are particularly using the Services to facilitate contractual relations with any particular third party. We are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties, as accessible through the Services. You are responsible for paying all fees and charges of any third-party vendors whose products or services you access, buy or use via the Services. Having regard to the foregoing, you acknowledge and agree that the technical support we offer in respect to exchanging client licensing, vehicle and financial data are strictly offered for the purposes enunciated herein, and should not be, and will not be, interpreted by you as an endorsement by us of any particular 3rd party services and/or products.

II. Disclaimer — Privacy

Though we offer the ability to share and exchange selective vehicle and owner information through the Services, you acknowledge and understand that the extent of privacy offered through the Services is solely determined through the manner by which you choose to use these Services. If you choose to use the Services and provide your personal information in order to access 3rd party services and/or products, you acknowledge and agree that we cannot be held responsible and/or liable by you for any personal information that you provide to a third party in order to access their services and/or products. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies (if any), and not ours. Accordingly, you understand and agree that we have no responsibility for, and knowledge of, third party privacy policies, nor do we have responsibility for, and knowledge of, their or your compliance with such policies.

III. Disclaimer — Legal Notices

As a condition of your use of the Services, you further acknowledge and accept that we are bound to comply with any and all legal notices that may be delivered to us, whether from private or public sources, including, but not limited to, any legal notices relating to applicable statutes and regulations. Pursuant to the delivery of any legal notice, we may be required to block access through the Services to certain information, transmissions, third party services, products, or domains in order to protect the Services, our network, the public, and our users. Accordingly, you acknowledge and agree that our compliance with legal notices under such circumstance shall not constitute grounds for your launching any legal or arbitration action against us, nor shall such compliance under these circumstances entitle you to any refund, particularly where the Services are otherwise functional with respect to any other domains and other selectively privatized browsing uses. At all times, whatever the circumstances, our termination and refund policies below will apply. Accordingly, if, for any reason, the Services are discontinued in order to comply with legal notices or any applications of law, you agree that any such discontinuation for reasons of our legal compliance, and/or for reasons of limiting any legal liability, will be treated by you as a normal cancellation of service, effective on the date of such discontinuation of service, at which point our termination terms and refund policies will apply (see below) as if you had initiated the cancellation at that date.

Section 1 — online terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any harmful software (worms, viruses, malware) or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 — general conditions

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 — accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or, more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 — modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 — products or services

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Service Availability

Actual service coverage, speeds, locations and quality may vary. We will attempt to make the Services available at all times except for limited periods for maintenance and repair. However, the web Services may be subject to unavailability for a variety of factors beyond our control, including, but not limited to, emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, and poor signal strength. You acknowledge that, under such circumstances, the Services may be interrupted, limited, or curtailed. We are not responsible for loss of data, nor for messages or pages lost, not delivered, delayed or misdirected, due to interruptions caused by performance issues with the Services. We may impose usage or service limits, suspend Services, or block certain kinds of usage in our sole discretion to protect users of the Services. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 — accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 — optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We shall have no liability arising from your acceptance of terms in relation to third-party tools.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 — third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We are not liable for any harm or damages related to your use or visit of the third-party website or link. It is only that third party’s responsibility to ensure that the link or website is free of malware, viruses, and/or any other harmful software.

Section 9 — user comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 — personal information

Account Policies

You are responsible for maintaining the confidentiality of your security credentials and/or passwords (if any), and are liable for any harm resulting from your disclosure, or your enabling of such disclosure, to any third party of your password or security credentials. In the event of a breach of security, you will remain liable for any unauthorized use of the Services until you notify us in writing, either by letter or by e-mail.

Privacy Policy

The Website and Service does actively monitor user activity for inappropriate behavior and the misuse of the Services and the Website. We reserve the right to investigate matters we consider to be illegal or violations of the terms of the Agreement. We may — but are not obligated — in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including, but not limited to, e-mails or communications) that we consider to be actual or potential violations of the restrictions set forth in the Agreement, and act to prohibit any other activities that may subject us, or our customers, to liability. We will never intentionally disclose any private electronic communication or personal customer information unless required to do so by law enforcement or by operation of law.

We have a separate Privacy Policy that outlines our privacy regulations that is available at upon request. Your continued use of the website and/or service constitutes your acceptance of Terms and Conditions and Privacy Policy.

Intellectual Property

All right, title and interest in this Website and any content contained herein is the exclusive property of OTTOFACT Inc., except as otherwise stated. We grant you a limited license to access and make use of this Website and the Services. You may print, copy and download any information or portion of this Website for your personal use only. This license does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent from OTTOFACT Inc. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Website, except for the purposes expressly provided herein, without OTTOFACT Inc.'s prior written approval. You may not use any meta tags or any other "hidden text" utilizing OTTOFACT Inc.'s name or trademarks without the express written consent of OTTOFACT Inc. Any unauthorized use terminates the permission or license granted by OTTOFACT Inc.

Copyright

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of OTTOFACT Inc. or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of OTTOFACT Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of OTTOFACT Inc. or its software suppliers and protected by Canadian and international copyright laws.

Trademarks

OTTOFACT and other trademarks and service marks referenced herein are either registered trademarks and service marks or trademarks and service marks of OTTOFACT Inc. in Canada.

The names of other companies and marks used on third-party products or services mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners.

You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of OTTOFACT Inc. or such third party, which may own the marks.

Covenant of Non-Competition

As a condition of your use, and/or your continued use, of the Services, you undertake not to employ your account and registration with us as a means to gather information and/or insight for use — on behalf of yourself and/or on behalf of any associate, whether personal or corporate — toward the development of any business enterprise that could reasonably be deemed to be competitive with the Website and the Services. As a condition of your use, and/or your continued use, of the Services, you acknowledge and understand that we reserve the right to seek full damages and compensation, including, but not limited to, an accounting of revenues, arising out of the exploitation of your position and perspective as an account holder toward the development of, or assisting anyone, whether personal or corporate, toward the development of, any business enterprise that could reasonably be deemed as competitive with the Website and the Services.

Governing Law; Jurisdiction Venue

This Agreement and all other documents provided for or contemplated under this Agreement and the rights and obligations of the parties hereto and thereto shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario (without giving effect to conflicts of law or choice of law principles) and the laws of Canada applicable therein.

Section 11 — errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 — prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 — disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that use of the Services is at your sole risk. We do not warrant that the Services will be error-free or uninterrupted. The Services are provided on an "as is", "as available" basis, without warranties of any kind, either express or implied. You understand that service disruptions are reasonably foreseeable in regard to the offering of the Services, and that dissatisfaction over the quality of the Services cannot serve as a basis for any refund over and above the termination and refund policies contained herein. You further understand and agree that we have no relationship with, nor do we endorse, nor do we hold ourselves out to be endorsed by, any third-party service providers that may deliver services and/or products to you in the course of your use of the Services. Accordingly, you understand and agree that any decision you make to receive services and/or products and/or data in the course of using the Services is at your sole risk and responsibility, and that we shall bear no liability from you whatsoever arising out of your use of the Services, other than in accordance with the terms that have been expressly set out in this Agreement. You further acknowledge and agree that we do not, and cannot, maintain control over the substance of any content or messages of those who are users of the Services, and that characterizations of the nature and scope of the Services by such third parties should not, and cannot, be relied upon as an accurate characterization of the nature and scope of the Services

In no case shall OTTOFACT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 — indemnification

You agree to indemnify, defend and hold harmless OTTOFACT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 — severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 — termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 — entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 — governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 21 Simcoe Street South, Oshawa, ON, L1H 4G1, Canada.

Section 19 — changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 — contact information

Questions about the Terms of Service should be sent to us at info@ottofact.com.