Terms of use

Thank you for visiting {{dealerURL}} (the “Site”), developed by Solutions Médias 360 Inc. (“SM360”) and provided to you by {{dealerURL}} (the “Dealership”). By accessing or using the Site, you agree to be bound by the terms and conditions set forth below (the “Terms”) as a user of the Site. If you do not wish to be bound by the Terms, we ask that you do not access the Site. SM360 and the Dealership may modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Site.

Copyright and Trade-marks

You acknowledge that the information, documents, images, trade-marks, trade names, trade dress, products and any other elements published on the Site (collectively the “Information”) including the manner in which the Information is presented or appears on the Site and all information related thereto, are the sole property of SM360 or the Dealership. No use of any Information may be made by any user of the Site without the prior written authorization of SM360. Except in the case where SM360 has specifically granted someone a written license to use the Information, no license or right, express or implied, is granted to any person or user of the Site. More specifically, no right, title or interest in any Information, including without limitation any logos of other marks of SM360 or the Dealership, is transferred to you as a result of your use of the Site and SM360 and the Dealership reserves complete title and full intellectual property rights in and to such Information.

Accuracy of Information

You assume full responsibility and all risks arising from the use of this Site. SM360 and the Dealership have made and will continue to make all reasonable efforts to include accurate and up-to-date Information on this Site.

The information provided on the Site may contain inaccuracies and errors. SM360 and the Dealership do not guarantee the accuracy or the completeness of this information and disclaim all responsibility for the errors or omissions it contains. The Information displayed on the Site is for information purposes only. Under no circumstances shall SM360 or the Dealership be held liable for damages incurred after accessing and using the Site and the Information it contains. The information contained on the Site is provided on an “as is” basis and is not subject to any implicit or explicit guarantee.

You acknowledge that the Information provided on the Site is provided for your general knowledge only and as such SM360 and the Dealership reserve their right to make additions, deletions or modifications to the Information without prior notification. SM360 and the Dealership may also make improvements and changes to matters described on this Site at any time and without notice.

Under no circumstances, shall SM360, the Dealership or any of its employees, directors, officers, administrators, agents, affiliates or third parties with whom SM360 or the Dealership associate themselves from time to time be liable or responsible for any direct, indirect or incidental damages resulting from the use or the inability to use the Site or for any errors or omissions in the content of or the Information contained in the Site.

In the case you are dissatisfied with the Site, with any of the Information, or with the Terms, your sole and exclusive remedy is to discontinue using the Site.

You undertake to indemnify SM360, the Dealership, their employees, directors, officers, administrators and agents against all liability, fees, expenses and reasonable lawyer fees related (i) to the violation of the Terms herein by yourself or the users of your account, as the case may be (ii) to the use of the Site or (iii) the publication or forwarding of Information or materials on the Site by yourself or by the users of your account, as the case may be.

Restrictions on use of Information

No Information from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded or distributed in any way, except that you may download a single copy of the Information on a single computer for your personal, non-commercial home use only. Any other use of the Information must be authorized in writing by SM360. Any modification of the Information or any use of the Information for any other purposes is a violation of SM360’s copyright and other proprietary rights. In particular, the use of Information on any other website or networked computer environment is prohibited unless approved by SM360 in writing. To make a request for authorization and/or further information about how to obtain such authorization, please contact:

• Solutions Médias 360 Inc.
• Tel:(514) 394-1955
• E-mail:support@sm360.ca

In the event that SM360 grants to a user the right to use the Information, any such use of the Information shall be subject to the following conditions:

1. It is credited to SM360 as follows: “Reprinted with the permission of Solutions Médias 360 Inc. All rights reserved”;
2. All copyright and other proprietary notices are kept intact;
3. The Information is not manipulated or modified in any way; and
4. No graphics are used separate from any accompanying text.

Links to Third Party Sites

Your linking to any off-site pages or material is at your own risk. Links to external websites are provided for information purposes only and shall not be considered as an endorsement by SM360 or the Dealership of the information or views found on those off-site pages. SM360 and the Dealership shall assume no liability or responsibility for the content of any off-site pages or material accessible from the Site.

You shall not create a link to this Site from an external website or any other document without the prior written authorization of SM360 or the Dealership.

Privacy Policy

The Dealership respects the privacy of every individual who visits the Site and is sensitive to privacy issues on the Internet. We believe it is important that you know how we treat information received about you online. Also, this privacy policy outlines the information we may collect about you and how we may use them. We reserve the right to modify or change this Privacy Policy at any time in our sole discretion and without notice.

Passive Information Collection

In general, you can browse the Site without having to reveal your identity or personal information. Our web servers automatically collect some certain non-personal information about you when you log in, or a link will take you to our website. As non-personal information, for example, you can find domain names, IP addresses, type of browser, type of operating system you use and your area. This information is aggregated in order to establish the number of visits, average time spent on the site, pages viewed and similar information. We use this information to evaluate the use of the Site and improve its content, depending on your source.

The Site may use other "cookies". Cookies are text files placed on the occasion of a consultation by the site server's hard drive for users of the Site to store information attached to the browser used by him when navigating a website. Cookies can be stored on your hard drive, or on a temporary memory in which case they are deleted when you shut down your browser or your computer. It may be that we use such cookies to obtain information about your habits and past activities of navigation, and this, in order to help us provide you with improved services. You can withdraw our cookies using the properties of your browser. Please refer to your browser's help function for information on how to disengage cookies. Please note that when you disengage cookies, it is possible that some features of the site can no longer be used correctly.

The Site may also contain links to other websites. They are provided for reference purposes only and may have practices and policies of confidentiality that are different from the Dealership. The Dealership is not responsible in respect of the websites of these third parties and you are invited to review the privacy policies of any such person, if you choose to visit their websites.

Active Information Collection

In some cases, we may need additional information such as your name, address, telephone number and email address. The transmission of such personal information is not required to use the Site and we will not collect such personal information unless you voluntarily transmit same to us and only for the specific purpose of the Site. The Dealership collects, stores and uses information about you for the following reasons:

• Establish a file on the acquisition of a vehicle.
• Establish, maintain and improve our relationship with you and provide you with offers, incentives, programs, advertising or promotional material about us and our automotive products and services.
• Facilitate the administration of your purchase, lease, warranty, maintenance program, any recall notices.

The Dealership will share, as the case may be and only after having obtained your explicit prior authorization, certain information about you with the manufacturer or any financial institution involved in your acquisition of a vehicle. Please note that each such establishment sets forth its own privacy policy and we disclaim any liability relating to such policies.

To unsubscribe

To unsubscribe from our database and stop receiving messages from us, simply send an email to support@sm360.ca stating in the subject of your message: remove me from your list (and entering the email address with which you are registered).

Facebook Connect

The Site allows users to access Facebook Connect to interact with friends and to share information on Facebook on their Wall and through friends’ News Feeds. If you are logged into the Site and Facebook, when you click on "Connect with Facebook", your profiles will merge if the email addresses match. If the email addresses don’t match, your authorization will be required to merge them and you must then enter your password for the Site to validate this action. If you are already logged into the Site but not logged into Facebook, when you click on "Connect with Facebook" you will be prompted to enter your Facebook credentials or to "Sign up for Facebook." By accepting the prompt, you are allowing the Site to access your information and you have agreed to the Facebook Terms of Use when you use the Site. It is recommended to read the Facebook terms of use before using Facebook Connect.

Conversely, if you are not currently registered as a Site user and you click on "Sign in Using Facebook," you will first be asked to enter your Facebook credentials and then be given the option to register and join the Site. Once you register on the Site and you connect with Facebook, you will be able to automatically post on Facebook your recent activity on the Site. You have the option to disable Facebook Connect at any time by logging into "My Profile" and clicking on "My Facebook Profile." Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect this service by visiting the Facebook Application Settings page.

Content published by users of the Site

Certain functions on the Site allow you to publish content on the Site, for example comments, which will automatically be added on the Site to form an integral part thereof. The discussion forum or the comments on the Site are not moderated. It is always recommended not to publish personal information on the Site, other than personal information that is communicated through the appropriate forms.

By publishing content or any other information to or from this Site, you automatically grant to SM360 and the Dealership a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, without any time or territory limitations, and allow SM360 and the Dealership to sublicense such rights to third parties on the understanding that such license to use will not apply to information communicated through the appropriate forms, which information will be used by SM360 and the Dealership only in accordance with the section “Active Information Collection”.

All interaction on the Site must comply with all applicable laws. Any conduct from a user that, at the sole discretion of SM360 or the Dealership, causes harm to any other user or prevents him from using or visiting the Site is strictly forbidden. A user must not use his profile to advertise or otherwise solicit other users of the Site.

SM360 or the Dealership may terminate the contract binding them to any user at any moment. SM360 and the Dealership have the right to terminate or immediately suspend access to the Site or the password and username of any user following any conduct that SM360 or the Dealership consider unacceptable or if a user violates any of the Terms.

SM360 and the Dealership have the right, but not the obligation, to supervise the content published on the Site at any time in order to determine users’ compliance with the present Terms, and with applicable laws, regulations or to comply with authorized government request. Without limiting the foregoing, SM360 and the Dealership have the right, but not the obligation, to remove any material that they consider, in their sole discretion, to be in violation of the Terms set forth herein or otherwise unacceptable.

Governing Law

The Site is operated from Montreal, Province of Quebec, Canada. Any conflict between a user and SM360 or the Dealership is therefore subject to the laws applicable in the Province of Quebec and the applicable laws of Canada. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec in respect of any action or proceeding arising out or related to the Site.

Other conditions

The Terms, including all documents that they refer to, constitute the entire agreement between SM360, the Dealership and yourself as to the purpose of these Terms. The fact that SM360 and the Dealership do not ask for nor obtain the strict fulfillment of a condition of the Terms shall not be interpreted as the relinquishment on their part of this condition or other right. The fact that one of the conditions of the Terms herein is declared void, invalid or not enforceable by law by a court of competent jurisdiction shall not affect the other terms of this legal disclaimer.