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Terms of use

Welcome to our internet website (www.asmartchoice.ca referred to in these terms of use as “The Website”) of Smart Choice Sales and Lease Ownership Inc. (“Smart Choice”). Please read the “Terms of Use” carefully as they govern your access and use of The Website. Please note that your use of The Website constitutes your agreement to follow and be bound by the Terms of Use. If you do not agree to abide by these Terms of Use, please leave The Website immediately and do not use The Website. Smart Choice may revise the Terms of Use at any time, at its sole discretion, by amending the Terms of Use on The Website. Any changes that Smart Choice makes to the Terms of Use will be effective immediately upon posting.
These Terms of Use do not limit or reduce the effect of the specific terms of any other agreement which you enter (electronically or otherwise) in relation to the use of The Website or any product or service available on The Website. In particular, any agreement for product or services made will be subject to additional specific terms, which terms will take precedence over these Terms of Use to the extent of any inconsistency among them.


Ownership

Unless otherwise specified, The Website and all of its information and contents, including without limitation text, data, graphics, icons, characters, artwork, images, photographs, messages, software and the HTML used to generate the pages (collectively, the “Content"), is the property of Smart Choice and its suppliers and licensors and is protected under copyright, trade mark and other laws protecting intellectual property, and Smart Choice reserves all such rights.


Permitted and Prohibited Uses

The Website and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on The Website for your personal use only provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use The Website if you live in a jurisdiction where access to or use of The Website may be illegal or prohibited by applicable law. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, The Website or any related software. The content and software on this site may be used only as a shopping resource. Any other use including any use contrary to Canadian or international laws or the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Only persons, who are resident in Canada, live within our service area and are 19 years of age or over may apply for any product or services available on or through The Website, and by so applying you represent and warrant to Smart Choice that you meet those qualifications.
You may not enter any false, fraudulent, obscene, profane or otherwise inappropriate information into any application or other data entry form or page located on or through the Site, and you represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Site, you will keep such information updated, and that you will use the Site only in compliance with all applicable laws.
You warrant and undertake that in your use of The Website you shall not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person. Not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights. Not interfere in any way with The Website's or Smart Choice's networks or network security, or attempt to use the Website's service to gain unauthorized access to any other computer system. Not access data that is not intended for you. Not log on to a Smart Choice server or account, unless you have been authorized to access. Not probe, scan or test the vulnerability of a system or network or breach or attempt to breach security or authentication measures. Not interfere with the operation of The Website, Smart Choice’s provision of services to any other visitors to The Website. Not forge any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to Smart Choice’s Website and use current virus monitoring software when using the Website.
You acknowledge and agree that Smart Choice does and will cooperate with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable law. You acknowledge and agree that Smart Choice may investigate (or have investigated on its behalf) allegations of infringement of third-party rights or abusive or any other inappropriate use of The Website. Violations of system or network security may result in civil or criminal liability.

Termination

In Smart Choice’s sole discretion it shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice and without any liability whatsoever.

Privacy Policy

Smart Choice treats privacy very seriously. Information provided to us will be dealt with as described in our Privacy Policy.


Disclaimer of Warranties

While Smart Choice uses reasonable efforts to include accurate and up-to-date information on The Website, there may be occasions when some of the information may contain errors.  Smart Choice makes no representations or warranties as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. Smart Choice does not guarantee that The Website or services provided on or by The Website will be sufficient or appropriate for every individual or situation. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THE WEBSITE AT YOUR OWN RISK. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. SMART CHOICE  STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES, AND YOU ACKNOWLEDGE THAT THE WEBSITE IS NOT INTENDED TO, AND SHOULD NOT BE CONSIDERED TO, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisors.

When using The Website, information will be transmitted over a medium that is beyond the control and jurisdiction of Smart Choice. Accordingly, SMART CHOICE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE. SMART CHOICE MAKES NO WARRANTY OR REPRESENTATION THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. SMART CHOICE DISCLAIMS ALL LIABILITY FOR ANY COMPUTER VIRUSES, WORMS OR OTHER DAMAGING, INVASIVE OR DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USERS’ COMPUTERS WHEN USERS DOWNLOAD DOCUMENTS FROM THE WEBSITE. You are strongly advised to obtain and use appropriate anti-virus and security software. TO THE FULLEST EXTENT PERMITTED BY LAW, SMART CHOICE HEREBY EXPRESSLY DISCLAIMS AND BY USING THE  WEBSITE YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS OR FITNESS FOR PARTICULAR PURPOSE, AND SMART CHOICE MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE WEBSITE.


You specifically agree that Smart Choice shall not be responsible for unauthorized access to or alteration of The Website or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through The Website. You specifically agree that Smart Choice is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Smart Choice is not responsible for any content sent using or included in The Website by any third party.


Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF SMART CHOICE OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ARE NOR WILL THEY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE (OR INABILITY TO USE) THE WEBSITE, THE CONTENT, THE INFORMATION ON OR AVAILABLE THROUGH THE WEBSITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMART CHOICE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SMART CHOICE, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE AND THE INFORMATION AVAILABLE ON IT. IF FOR ANY REASON (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) OR IN ANY CIRCUMSTANCE SMART CHOICE  IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY IN RELATION TO YOUR VIEWING OR USE OF THE WEBSITE. YOUR ACQUISITION OR USE OF ANY PRODUCT OR SERVICE AVAILABLE ON OR THROUGH THE WEBSITE, OR OTHERWISE, IS CDN$100.00


Availability

This Website displays products in Canadian Dollars available within our service area, however not all products are available at all times and products may be changed, substituted or discontinued at any time, without notice. Products are only available while supplies last. Smart Choice reserves the right to limit quantities.


Indemnification

You agree to indemnify, defend, and hold harmless Smart Choice, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms of Use and/or any allegation that any information or material submitted by you to Smart Choice violates any intellectual property, proprietary, contract, or other right of any third party.

Links with Third Party Sites

Smart Choice makes no representations whatsoever about any other websites which you may access through The Website or which may link to The Website. You may not create any link to The Website except with our express prior written consent. We hereby provide consent to you creating a single hyperlink to any page of The Website, provided that: a) The content of the web site (“Your Site”) from which you link to The Website is not offensive under your local laws and standards or those of Canada, and in particular the content of Your Site does not promote or positively portray unlawful activity, violence or intolerance of any sort; b) Your Site is in compliance with all laws applicable in the jurisdiction in which it is hosted and all laws of Canada; c) Your Site does not misrepresent, overstate, exaggerate, or otherwise deceptively describe The Website, Smart Choice or the relationship between Your Site and either The Website or Smart Choice; d) Your Site does not disparage or in any way negatively portray Smart Choice, The Website, or any product or service offered by or on Smart Choice or The Website; e) Your Site, including the link permitted under this provision, does not infringe on any intellectual property right of Smart Choice. When you access any other website you understand that it is independent from Smart Choice and that Smart Choice has no control over the content or availability of that website. In addition, a link to any other website does not mean that Smart Choice endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of The Website or any of its content in any form and by any means is strictly prohibited.

Submissions and Feedback

While Smart Choice thanks you for your comments and feedback regarding The Website and Smart Choice products and services, Smart Choice does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note except where expressly agreed otherwise by Smart Choice that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Smart Choice shall become and remain the property of Smart Choice. By providing any such material to Smart Choice you grant Smart Choice a royalty free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense through multiple tiers) to use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform such material in any media now known or not currently known. Smart Choice will not have any obligation to keep submissions confidential and will be free to reproduce, use, disclose and distribute same to others without limitation. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.

Availability of Website, Products and Services

The Website is visible across the World Wide Web and can be viewed outside Smart Choice’s jurisdiction. The materials and Content on the Website are displayed solely for the purposes of promoting Smart Choice’s products and services available in our service area and Smart Choice makes no representation that any products or services referred to in The Website are appropriate for use in or available for delivery to other locations outside our service area now or will be in the future. Those who choose to access the Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Contests

From time to time Smart Choice may make contests available on the Website. All contests are governed by this Agreement and the applicable contest rules. By participating in a contest through The Website, you signify your agreement and acceptance of the Terms of Use and the applicable contest rules.

Entire Agreement

The Term of Use as well as Smart Choice’s Privacy Policy shall constitute the entire agreement between you and Smart Choice in relation to the use of The Website, and this agreement supersedes any other agreements between you and Smart Choice in this matter. All other terms, conditions, warranties or other stipulations concerning The Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.

Severability

If any part of the Term of Use should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and the remainder of these Terms of Use will remain in full force and effect and continue to be binding and enforceable.

Waivers

No waiver of any provision of these Terms of Use shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.

Applicable Law

These Terms of Use including the Privacy Policy shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Language

The parties hereto have expressly requested that these Terms of Use and all related documents be drafted in English.  Les parties ont expressément demandé que ces Conditions d'utilisation et tous les documents connexes soient rédigés en Anglais.

Claims of Copyright Infringement

If you believe that material in which you hold copyright is visible on The Website without your consent, please contact us immediately at:

Smart Choice Sales and Lease Ownership Inc.
72 St Leger Street
Kitchener, Ontario
N2H 6R4

Please provide details of where the material is visible along with a description of the material, as well as your own name and contact information and such other information as is reasonably necessary to allow us to determine whether the Content in question infringes.


Voluntary Limitation Period

Regardless of any statute or law to the contrary, any claim and any cause of action against Smart  Choice arising out of or related to use of The Website, the Content, these Terms of Use, or any product or service available on or through The Website must be filed within one (1) year after the claim or cause of action arose In the event that a service vendor is located in the United States, your information may be processed and stored in the United States and the United States governments, courts of law enforcement or regulatory agencies may be able to obtain disclosure of it through the laws of the United States.