Terms and Conditions of Use
Thank you for visiting the Pacific Mazda website (this “Site”). This Site is provided for your informational purposes only. This Site is provided to you by Pacific Mazda successors, assigns and third party service providers (collectively “Pacific Mazda”) solely under the terms and conditions of this agreement (this “Agreement”). Your use of this Site constitutes your agreement to all of the following terms and conditions. If you do not agree with these terms and conditions, you may not use this Site. You may print and keep a copy of this Agreement.
Modifications of Terms and Conditions of Use
Pacific Mazda reserves the right to change or modify the terms, conditions, and notices under which you may use this Site. Pacific Mazda shall post all changes or modifications to this Agreement on this Site. Each use of this Site shall constitute your acceptance of the then current provisions of this Agreement as posted on the Site.
Use of this Site
The information and materials contained at this Site, including the text, graphics, sound files, video files, logos, images, arrangement and general design of the Site (collectively, the “Content”) is owned or licensed by Pacific Mazda and Pacific Mazda authorizes you to view or download a single copy of the Content solely for your personal, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You may not use any Content for commercial purposes without obtaining Pacific Mazda’s prior written consent, which consent may be withheld at Pacific Mazda’s sole discretion.
You may not use this Site for any purpose that is unlawful or prohibited by the terms, conditions and notices contained herein. You may not use this Site in any manner which is contrary to all applicable local, provincial, national, international and foreign laws or regulations governing your use of this Site. You many not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site.
All Content is intended solely for the regional market. Although Pacific Mazda uses reasonable efforts to update and ensure the accuracy of the Content, Pacific Mazda makes no warranties or representations as to its accuracy. Pacific Mazda assumes no liability or responsibility for any errors or representations contained in the Content.
Prices, product specifications and all other Content is made available for information purposes only and may not be accurate or complete. Unless otherwise specified, the prices indicated at this Site are the manufacturer’s suggested retail price (MSRP) and exclude all applicable taxes (including air conditioning excise tax, provincial sales tax and GST), title and registration fees, dealer pre-delivery and administrative charges, consumer rebates or incentives, dealer added options and destination and delivery charges as well as any other additional costs. Any calculation of price, tax or finance rates is provided as an estimate for your reference only. Only a Pacific Mazda dealer can provide you with the actual price or lease cost, as applicable, of any vehicle or services you may wish to purchase.
Modification of Content
Pacific Mazda reserves the right to make changes to the Content, including all prices, models, services, equipment, specifications and availability, at any time without notice. If a posted price for a product or service is incorrect, Pacific Mazda is only responsible for the correct price, which Pacific Mazda shall provide you with upon becoming aware of the error. Pacific Mazda reserves the right to refuse or cancel any orders for products or services listed at an incorrect price.
Except for your personal information, any material, information or idea you transmit to or post on this Site by any means (“Your Information”) will be treated as non-proprietary. By transmitting Your Information you are granting Pacific Mazda and its affiliated companies permission to use Your Information for any purpose whatsoever, including, but not limited to: (i) developing and marketing products; and (ii) copying, distributing, transmitting, publicly displaying, publicly performing, reproducing, editing, translating and reformatting Your Information. By transmitting Your Information you warrant and represent that you own or otherwise control all rights to Your Information.
No compensation will be paid with respect to the use of Your Information. Pacific Mazda is under no obligation to use Your Information and may remove Your Information from this Site at any time in Pacific Mazda’s sole discretion.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, profane or pornographic material, or any other material that could give rise to any civil or criminal liability under all applicable local, provincial, national, international and foreign laws or regulations governing this Site and your use thereof.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. PACIFIC MAZDA DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT. PACIFIC MAZDA DOES NOT WARRANT THAT THE SITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION PERTAINING TO YOUR OWNER’S ACCOUNT. YOU SPECIFICALLY ACKNOWLEDGE THAT PACIFIC MAZDA SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES.
Limitation of Liability
THE EXPRESS WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT. IN NO EVENT SHALL PACIFIC MAZDA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF PACIFIC MAZDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF PACIFIC MAZDA UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO CAD $5.00.
Links to external web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by Pacific Mazda of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between Pacific Mazda and the Linked Sites. Pacific Mazda is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.
All Content is the sole property of Pacific Mazda. Permission is granted to electronically copy, display and print hard copy portions of this Site for your non-commercial use. Any other use of the Content, including but not limited to, reproduction for commercial purposes, modification, transmission, display, distribution or republication, without prior written permission of Pacific Mazda, is strictly prohibited.
Mazda and all other trademarks and service marks appearing on this Site are registered trademarks or service marks of Mazda Motor Corporation, Mazda North American Operations (MNAO) or Mazda Canada, Inc. (MCI), collectively known as “Mazda”. All custom graphics, icons, logos and other items that appear on this Site, other than the vehicles and their make and model names, are trademarks or service marks of Mazda. The use of any Mazda trademark or service mark without obtaining prior written consent from Mazda is strictly prohibited. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
You agree to defend, indemnify and hold Pacific Mazda, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your Account or in connection with your use of this Site.
If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Unless specifically provided herein, this Agreement constitutes the entire agreement between you and Pacific Mazda with respect to your use of this Site. This Agreement shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein.
This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Pacific Mazda reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of British Columbia, for any legal proceeding arising out of or relating to your use of this Site or this Agreement.