COHV online Legal Terms and Conditions

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS INTENDED FOR VIEWING WITHIN CANADA ONLY AND WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO CANADIAN LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. COHV MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE CANADA. ANY AND ALL INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING MOTORCYCLES AND MOTORCYCLE SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN CANADA.

COHV is the copyright owner of everything on this site and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without COHV's express written permission, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purpose violates COHV's legal rights.

By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

Although COHV makes all reasonable efforts to insure that all material on this site is correct, accuracy cannot be guaranteed and COHV makes no warranties or representations as to its accuracy. This site, and all information and materials contained herein, is provided to you "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement. Information on this site could include technical inaccuracies or typographical errors. Changes may be periodically made to the information herein.

By entering this site you acknowledge and agree that any communication or material you transmit to this site or COHV, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to COHV may be used by COHV anywhere, anytime, and for any reason whatsoever.

By entering this site you acknowledge and agree that any name, logo, trademark, or servicemark contained on this site is owned or licensed by COHV and may not be used by you without prior written approval. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

Although this site may be linked to other sites, COHV is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that COHV has not reviewed all the sites linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

COHV reserves the right to revise this Legal Information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering this site you acknowledge and agree that you shall be bound by any such revisions.

COHV Privacy Policy

Terms of Use
General

These terms and conditions, as well as the Contract Terms that may apply to Clients ordering products or services on the Site, shall be governed by the laws in force in the country of Canada without regard to conflict of laws. You irrevocably submit to the non-exclusive jurisdiction of the courts located in the country of Canada. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. The parties hereto are independent contractors. These Terms of Use and any additional terms are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any additional terms, or any written agreements with SITE OWNER that expressly reference these Terms of Use, this is the entire agreement between you and SITE OWNER relating to the matters contained herein and shall not be modified except in writing by SITE OWNER.
Privacy Statement

COHV is dedicated to protecting the privacy of members and visitors to its website.

Personal Information
We do not gather personal information about you except that which you provide us for input and storage in our membership database. Storage of this information is password secure. Only such information as you give authorization will be displayed in the on-line database for our membership. Visitors to the COHV site do not have access to this database. Certain members involved with COHV initiatives i.e. COHV Association and its committees, etc. will be given specific notice before gathering and/or displaying any personal information, i.e. name, photo or e-mail address. We will explain what information is being gathered and how it will be used. You have the right to refuse to have this information gathered, displayed or transferred for marketing purposes.
We do not sell our users' personal information to anyone for any reason. We do not display personal information without our users' permission. When posting resumes, our users decide which companies may have access to their resumes. All users should be aware, however, that when they voluntarily display or distribute personal information (such as their email address), that information can be collected and used by others. This may result in unsolicited messages from third parties, for which COHV is not responsible.
This statement does not apply once you link to another site. At that time you are subject to the privacy and terms of use of the new site.
Non-Personal Information
COHV monitors general information about your internet visit, such as:
· the domain of your Internet service provider, i.e. "xyz123.com" or " xyz123.ca" and the IP address of the computer accessing the website, such as "xyz-55"
· the type and version of browser, i.e. MS Internet Explorer or Netscape, you are using to access the internet
· the type of operating system you are using, i.e. MS Windows, Macintosh, or Unix
· the date and time you visit our web site, the pages that you visit, the length of your visit, which page you access first, the address of website you were visiting immediately prior, if you linked to us from that website, etc.
Our sole use of this information is for statistical analysis, to assist us in making our site more useful and user-friendly to members and visitors. We may disclose this non-personal information to third parties, i.e. sponsors, clients or job advertisers and/or use it for auditing purposes. Again, this information is of a very general nature, it does not include personal, identifying details.
COHV's website uses a feature called a 'cookie' to store browser information used by our servers when you log into the Members Only section. Cookies, by themselves, cannot be used to disclose the individual identity of any site user. If you opt not to accept cookies, you will not be able to access the members section of our site. In order to adjust your privacy (cookie) settings please go to the internet options section of your browser and change accordingly.
Ownership of Content
The contents of this Site, including without limitation text, publications, newsletters, articles, opinions, views, graphics, images, HTML codes, multimedia clips, java code, logos, button icons, banners, software and other material appearing on this Site (collectively the "Creative Materials"), are protected by copyright under both Canadian and foreign laws. Unauthorized use of any Creative Materials may violate copyright, trade-mark, and other laws. Your must retain all copyright and other proprietary notices contained in the original Creative Materials on any copy you make of the Creative Materials, including the Uniform Resource Locator (URL) of the source of the Creative Material. You may not sell or modify the Creative Materials or reproduce, display, publicly perform, distribute, or otherwise use the Creative Materials, or any part thereof, for any public or commercial purpose. The use of the Creative Materials on any other web site for any purpose is prohibited. If you violate any of these restrictions, your permission to use the Creative Materials automatically terminates and you must immediately destroy any copies you have made thereof.
LIMITATION OF LIABILITY
ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL SITE OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING, DIRECTLY OR INDIRECTLY, THEREFROM. THE FOREGOING LIMITATION SHALL APPLY EVEN IF SITE OWNER HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Indemnity
You agree to indemnify SITE OWNER and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from:
a. your breach of any of these Terms of Use or any additional terms;
b. your access to or use of this Site or any web site to which this Site is or may be linked from time to time;
c. your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or
d. your violation of any law or regulation to the detriment of SITE OWNER.

© 2009 Canadian Off-Highway Vehicle Distributors Council
Legal Terms and Conditions - Privacy Policy