Terms of Use

Acceptance of Terms Welcome to www.NewCarSellOff.com (the "Site"),a division of 0907085 B.C. Limited ("NCS"). The Site is provided to you subject to the following terms and conditions (the "Terms of Use"). These Terms of Use include important disclaimers that affect your rights.

By accessing, browsing, or using the Site, you are agreeing to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Site.

Changes to these Terms of Use NCS reserves the right to, at any time, change or modify these Terms of Use. The changes are effective on the earlier of either NCS providing you with notice of such changes, or 14 days after the revised Terms of Use are posted on the Site. You agree to regularly review these Terms of Use and to be aware of any changes. Your use of this Site following any such modification constitutes your agreement to be bound by the modified Terms of Use.

Changes to this Site NCS reserves the right to change any aspect of the Site including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to you. All ads are published on the Site in good faith without verification. NCS reserves the right to refuse, classify, revise or censor any ads for any reason in its sole discretion. NCS does not guarantee to post all requested ads. Therefore all users are advised to check ad and message details carefully before entering into any agreement of any kind and before disclosing personal information.

Privacy Policy NCS collects, uses, and discloses your personal information in accordance with the Privacy Policy of the Site. By providing information to NCS, you consent to the use of such information in accordance with the Privacy Policy. NCS encourages you to read the Privacy Policy before using this Site.

Security The Internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the Internet between you and NCS cannot be ensured. NCS is not responsible for any damages you may suffer if you communicate confidential information over the Internet or if NCS communicates such information to you at your request.

Restrictions of Use You may view and print web pages from the Site for your own personal and non-commercial use only, provided that you maintain all copyright notices, but may not otherwise copy, reproduce, modify, publish, collect, catalogue information or material, or in any way exploit any of the Content on the Site in whole or in part, except as expressly permitted by NCS or these Terms of Use. You may not use the Site to engage in any unlawful activity or to infringe on the rights of NCS, their affiliates or others. You further agree that you will not (a) interfere with the operation of the Site in any way, (b) interfere with anyone's use or enjoyment of the Site, (c) harass anyone on the Site or through the Site, (d) impersonate any person or entity on the Site or through the Site, or (e) post any content or views that may be considered threatening, abusive, vulgar, obscene or otherwise objectionable.

Monitoring Use of the Site NCS may monitor the Site but is under no obligation to do so. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in such monitoring does not apply to personally identifiable information which is handled by NCS in accordance with the terms set out in the Privacy Policy of the Site.

Termination of Access Use of the Site in any manner that is prohibited by these Terms of Use may cause NCS to terminate your use of the Site or your access to the Site at any time, without notice.

Intellectual Property All content on this Site, including but not limited to, all software, text, data, sound, programming, visual images, graphics and the design of this Site and the selection, organization and arrangement of the foregoing (collectively, the "Content"), are protected by copyright and other intellectual property laws and are either owned or used under license by NCS. Any use, reproduction or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of NCS is expressly prohibited.

Unless otherwise agreed to in writing by NCS, all information provided by you, including, without limitation, any suggestions, comments or know-how you may provide to NCS through the Site, is provided on a non-confidential basis and becomes the exclusive property of NCS. You expressly consent to the unrestrained use of all such information by NCS. Your waiver of rights in all such information does not apply to personally identifiable information which is handled by NCS in accordance with the Privacy Policy of the Site.

Dealing with Third Parties Any correspondence or business dealings with any third parties including dealers, buyers or advertisers found on, or through, the Site is solely between you and such parties. NCS is not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not NCS, are responsible for compliance with all laws applicable in any such transaction. NCS encourages the use of caution and common sense when using the Site and, in particular, exercise great care when revealing personal information.

Links to Other Sites The Site may contain links to other sites which were independently developed by parties other than NCS. These links are for your convenience only and NCS does not assume responsibility for the accuracy or appropriateness of the information contained at such sites or endorse the viewpoints expressed at such sites. Any mention of another party or its product or service on the Site is for informational purposes only and should not be construed as an express or implied endorsement of that party or its advice, opinions, information, products or services.

No Contract or Offer No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions. Any products or services mentioned on the Site are made available only where they may be lawfully made available or offered for sale. Except for your agreement to abide by these Terms of Use and your agreement to the Privacy Policy, your use of this Site is not intended and shall not be deemed to create any legal relationship of any kind between you and NCS.

No Warranties Information provided on the Site by NCS is believed to be reliable when posted. However, NCS does not guarantee the quality, accuracy, completeness or timeliness of the information provided. Information contained on the Site may contain errors. Access to the Site is provided on an "as is" basis. You should not assume that your use of the Site will be error free or that the Site will operate without interruption. NCS disclaims all warranties, representations and conditions regarding use of the Site or the information provided, including all implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.

If you choose to purchase a vehicle from a Dealer that you select from this Site, your purchase shall be governed solely and exclusively by any agreement entered into between you and the Dealer, and under no circumstances shall NCS and their Affiliates have any liability with respect to your purchase.

No Liability NCS is not responsible for any indirect, special, incidental, consequential or punitive damages whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the Site or in reliance on the information available on the Site, including any business interruption, loss of use, lost data, lost profits or any other pecuniary loss, whether in an action of contract, civil liability, negligence or other tortious action, even if NCS has been informed of the possibility of such damages or such damages are reasonably foreseeable.

Indemnity You hereby agree to indemnify, defend and hold harmless NCS and the partners, members, shareholders, officers, directors, employees, consultants, lawyers and agents of NCS, from any and all third party claims, liability, damages or costs they incur arising as a result of your misuse of the Site, your breach of these Terms of Use, or your infringement of any intellectual property or other right of NCS or any person or entity.

Jurisdiction Any dispute shall be governed by British Columbia and Canadian law and adjudicated by the courts of British Columbia, Canada. Certain jurisdictions expressly prohibit a choice of law or venue clause in a consumer contract that refers to a "foreign" jurisdiction vis-a-vis the consumer. In such specific circumstances, any dispute in relation to these Terms of Use shall be governed by the law applicable to the consumer.

Entire Agreement These Terms of Use constitute the entire agreement between the parties with respect to the Site. They supersede and replace all prior or contemporaneous understandings or agreements, written or oral, with respect to the Site.

Additional provisions, as amended from time to time, as well as any other policy or rules that apply to particular services or portions of the Site, are incorporated by reference and are part of these Terms of Use.

 
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