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Online Store Terms Of Service

OVERVIEW

This online store websiteis operated by CAA CLUB GROUP (doing business as “CAA South Central Ontario”). Throughout the site, the terms “we”, “us” and “our” refer to CAA Club Group. CAA Club Group offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced or hyperlinked in this website or provided through the Service. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, 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.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, territory or state of residence, or that you are the age of majority in your province, territory or state of residence and you have given us your consent to allow any of your minor dependents to use this site.

Any new features or tools which are added to the current store 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.

Ouronline store is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS

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 worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.


SECTION 2 - YOUR ACCOUNT

In order to place an online order from this platform, you must register for an account. If you use any of our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province of residence, you may use our Servicesonly with involvement of a parent or guardian. CAA Club Group reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.


SECTION 3- GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, subject to applicable law.

You understand that your content (not including credit card information), may be transferred unencrypted and may 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 our 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 4 - 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 5 - 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 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

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.

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 7 - 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 information, please review our Returns and Refunds Policy.


SECTION 8 – DISPUTE RESOLUTION

If a dispute arises out of, or in connection with any products or services sold or distributed by CAA or through this website, you agree to meet with CAA Club Group to pursue resolution through negotiation or other appropriate dispute resolution process (the “ADR Process”) before resorting to litigation. The only exception to this is that you may immediately assert claims in Ontario small claims court, in the City of Toronto, if your claims qualify.

You agree that the ADR Process must be initiated by providing a written notice to CAA Club Group containing a request to commence negotiations. This notice shall be given promptly in order to prevent further damages resulting from delay and shall specify the issues in dispute. The notice should outline the nature of the dispute and provide sufficient detail and supporting evidence to encourage a speedy resolution of the dispute.

If the parties do not resolve some or all of the issues in dispute within 30 days from the notice to commence negotiations, the parties agree to attempt to resolve those issues through mediation.

All information exchanged during the ADR Process shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable will not be rendered inadmissible or non-discoverable by virtue of its use during the ADR Process.


SECTION 9- 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 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 10- 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.


SECTION 11- COPYRIGHT

All content included in or made available through any CAA Club Group Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of CAA Club Group or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any CAA Club Group Service is the exclusive property of CAA Club Group and protected by Canadian and international copyright laws.


SECTION 12– TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CAA Club Group Service are trademarks of CAA Club Group, its affiliates, or its licensors, in Canada and other countries. CAA Club Group's trademarks may not be used in connection with any product or service that is not owned or controlled by CAA Club Group, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CAA Club Group or its affiliates. All other trademarks not owned by CAA Club Group or its affiliates that appear in any CAA Club Group Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CAA Club Group or its affiliates.


SECTION 13 – LICENCE AND ACCESS

Subject to your compliance with these Terms of Service and your payment of any applicable fees, CAA Club Group and its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the CAA Club Group Services. This licence does not include: (A) any resale or commercial use of any of the products and services offered through this platform; (B) any collection and use of any product listings, descriptions, or prices; (C) any derivative use of any CAA Club Group Services, this platform or the platform’s 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. All rights not expressly granted to you in these Terms of Service are reserved and retained by CAA Club Group or its licensors, suppliers, publishers, rights-holders, or other content providers. No CAA Club Group Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited, in whole or in part, for any commercial purpose without the express written consent of CAA Club Group. Notwithstanding the foregoing, you may copy material in limited quantities from this website for your personal non-commercial use provided that our copyright and/or trade-mark notice(s) remain affixed to the copied material. You may not misuse the CAA Club Group Services. You may use the CAA Club Group Services only as permitted by law. The licences granted by CAA Club Groupwill immediately terminate if you do not comply with these Terms of Service. Furthermore, CAA Club Group reserves the right to restrict your use of the platform at any time, which may include terminating your permission to make personal copies of material from this website.


SECTION 14- 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) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this platform, or to meta tag or insert any other "hidden text" utilizing CAA Club Group’s name, URLs or trademarks without the express written consent of CAA Club Group, (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (m) or in any other manner suggesting misuse. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 15- 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 and posts to our website 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 and posts 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 or posts that you make and for their accuracy. We take no responsibility and assume no liability for any contentposted by you or any third-party.

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name and/or other form of identification that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate any of our policies or Terms of Serviceand will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.


SECTION 16- PERSONAL INFORMATION

Without limiting the generality of these Terms of Service, your use of the platform is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the platform, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.


SECTION 17 - ONLINE SHOPPING PRIVACY

Providing you with a safe and secure online shopping experience is our priority. As such, we routinely monitor our website for suspicious activity. However, the transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We are not responsible for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the website, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.


SECTION 18- 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 19- PROMOTIONS

We may make various promotional offers from time to time on our website. Some offers may be informational, web-based only and not available as an in-store offer or promotion. Not all offers and/or promotions available in-store may be available on the website. Please review the terms and conditions that may be associated with each special offer, as they may differ.

Each redemption of a coupon, gift card or CAA Dollars®, will be reflected at checkout and is subject to validation and may be subject to additional redemption requirements, as applicable.

We may also offerthe opportunity to participate in contests, sweepstakes or other promotions as decided by us. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.


SECTION 20- 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 product descriptions or other content 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 your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CAA Club Group, 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 21– RISK OF LOSS

Risk of loss and title for items purchased from CAA Club Group pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs. For more information about shipping and delivery, click here.


SECTION 22- INDEMNIFICATION

You agree to indemnify, defend and hold harmless CAA Club Group and its 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 23- 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 24- 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 25- 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.

If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter.


SECTION 26- 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 Ontario, Canada.


SECTION 27- 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 28- CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@caasco.ca.