TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of ctmarketingchallenge.ca (the “Website”) is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using the Website, you signify your acceptance of these Terms and Conditions.
Canadian Tire Corporation, Limited ("Canadian Tire") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Website. Your continued use of the Website signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
Ownership
The Website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Canadian Tire, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties") and are protected under the copyright laws of Canada and other countries. None of the content found on the Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Canadian Tire and/or the applicable Third Parties.
Canadian Tire, the Website, and all other Canadian Tire related trademarks and design marks displayed on the Website (collectively, the "Trademarks") are registered and common law trademarks used with permission of the rights holder. Other trademarks and design marks appearing on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Canadian Tire or such other party that may own the applicable trademarks.
Use of Site
Neither the Website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Canadian Tire, except that you may download, display and print the content presented on the Website for your personal, non-commercial use only. Unauthorized use of the Website and/or the content contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on the Website. The use of such content on any other website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The Website is not intended for use by children under the age of 13. Use of the Website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Canadian Tire and without any liability whatsoever, Canadian Tire at any time and without notice may terminate or restrict your access to any component of the Website.
Privacy
You have read the Canadian Tire Privacy Policy, the terms of which appear on the Website and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Canadian Tire and/or Third Parties in accordance with the terms of and for the purposes set forth in the Canadian Tire Privacy Policy. Liability Disclaimer Except as explicitly provided in these Terms and Conditions, as amended from time to time, Canadian Tire and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Website and/or any content provided on the Website, all of which are provided on an "as is" and "as available" basis.
Canadian Tire and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website, and expressly disclaim all warranties and conditions in respect of the Website, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Canadian Tire and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. Canadian Tire and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website.
In no event shall Canadian Tire or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or content found herein, the operation of the web site, or any failure or delay in the operation of the Website (including, but not limited to the inability to use any component of Website) even if advised of the possibility of damages.
Maximum Liability
If, notwithstanding the foregoing, Canadian Tire or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Website or its content, the liability of Canadian Tire and the Third Parties shall in no event exceed in the aggregate $50 CAD.
Indemnification
You shall indemnify and save harmless Canadian Tire and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Website.
Links
The Website may contain links to web sites owned or operated by other entities which are not associated or affiliated with Canadian Tire or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Canadian Tire or the Third Parties of the linked website or information contained therein or of their security or privacy practices. Canadian Tire and the Third Parties shall not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on such websites. If you decide to access other websites, you do so at your own risk. Framing of the Website or any of its content in any form and by any method is strictly prohibited.
Relationships
The relationship between Canadian Tire and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Website.
Governing Laws
This Agreement and its performance shall be governed by the laws of Canada and the Province of Ontario. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, in all disputes arising out of or relating to the use of the Website and these Terms and Conditions.
Additional Terms
Additional terms and conditions may also apply to specific website functions available on the Website.
Severability
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Headings
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Entire Agreement
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Canadian Tire as set forth above.
English Language
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.