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Terms of Use

Throughout these website terms of use (the Terms of Use), DriveFaster and any of their programs and products (including data and information), and our affiliates, partners, nominees and third parties may be referred to as the Company, us and we. You may be referred as you, yourself, the customer, the purchaser or the visitor. The Company is not responsible for any of your actions or alternatively any lack of your actions, in relation to our websites, services and software (also known as the Services, Sites and Software).

The Company has a Privacy Statement, which is referentially incorporated into these Terms of Use. Under the Privacy Statement, personal credit information may be collected by us about you to assist in providing loans and other credit facility including: information and reports about you from credit reporting agencies and other lenders at the time you enter or use our website, and on an ongoing basis to review and verify your creditworthiness and establish credit and hold limits. By providing your personal credit information, you consent to the collection, use and disclosure and retention of that credit information by us in accordance with this Privacy Statement and as otherwise permitted by applicable law. You may withdraw this consent at any time, subject to legal and contractual restrictions and on reasonable notice to us. However, you may not then be able to proceed with all intended interactions and transactions or receive the full benefit of our product and services.

In using the Services, Sites and Software, you, the customer or purchaser or visitor, authorizes the Company to communicate with them by email. By communicating through the Services, Sites or Software, or submitting any application, inquiry or request, you are consenting to our use of your email as a method of communication. The customer or purchaser releases Company from any liability in relation to its submission of information in the event there is a privacy or security issue.

The Company may log and retain access information for you such as: the time of usage and IP addresses from all persons that enter their proprietary Services, Sites and Software. You, the customer or the purchaser or the visitor, agree that you will be the authorized person to access any account or login system that may be provided now or in the future by the Company, and that, unless you provide other notice, only you will use the Services, Sites and Software.

You confirm that you: have decided to enter the Sites, and to use our Services and Software at your own risk; and further acknowledge and agree that neither the Company, nor any of our agents and representatives, have at any time in the past represented or communicated to you directly or indirectly any guarantees.

In the event that you have provided Company with false or misleading information, we reserve the right to cancel your access to the Services, Sites and Software, and any agreements that we may have with you. The Company also reserves the right to cancel or refuse service to anyone, including yourself, that may be threatening, harassing, abusive, rude, or unprofessional to any of our staff, representatives or agents.

If your access to the Services, Sites and Software is cancelled, you will no longer have access to any account or login system, or access to any or all information or content that may be contained at the Services, Sites and Software. This information or content may be deleted by the Company in their sole discretion, and the Company accepts no liability for any deleted information or content. Further, any information or content collected by the Company with respect to you is deemed to be the Company’s property.

In case any one or more of the terms or conditions contained in the Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or non-enforceability shall not affect any other provision hereof; and the Terms of Use shall be construed as if such invalid, illegal or unenforceable term or condition had never been included.

Failure of the Company at any time to enforce any of the terms or conditions of the Terms of Use shall not preclude any other or further enforcement of such term or condition. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services, Sites or Software without notice. You agree that the Company shall not be liable to you or to any other party as a result of the modifying or discontinuing the Services, Sites and Software, whether temporarily or permanently.

TERMS OF USE OF SERVICES, SITES AND SOFTWARE

By accessing any of the Services, Sites, Software, and any of the programs or products offered by the Company, including their data and information, you, the customer or the purchaser or the visitor, agree to be bound by the terms and conditions contained in these Terms of Use.

The programs and products, including data and information, available from the Company or through the Services, Sites and Software is provided “as is” and “as available”; and all warranties, whether express or implied, are disclaimed including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. The programs, products, data and information available from the Company, or through the Services, Sites and Software, may contain errors, problems, or other limitations.

You agree that the sole and entire maximum liability of the Company for any inaccuracy in their programs, products, data or information for any reason; and your sole and exclusive remedy for any cause whatsoever; shall be limited to the amount that may have been paid by you to the Company for the programs and products received, including the data and information.

The Company is not liable to you for any indirect, special, incidental, or consequential damages (including but not limited to damages for loss of business, loss of profits, litigation, or the like) for programs and products (including but not limited to data and information) available from the Company, or through the Services, Sites and Software provided by the Company; irrespective of whether those damages are asserted based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, and even if the Company have been advised of the possibility of such damage.

You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between us, the Company and you, the customer or the purchaser or the visitor.

All responsibility and liability for any damages caused by viruses contained within electronic files or otherwise with the Services, Sites and Software are disclaimed by the Company. The Services, Sites and Software provided by the Company may be used by you for personal, commercial, and informational purposes, as the case may be, in accordance with the terms and conditions contained here.

Within the Terms of Use, Software shall mean any software provided by the Company at any given time, whether downloaded to your computer or mobile or portable or handheld device, or utilized online as part of the Services, Sites and Software that we offer. The Software includes the programs, and any and all copies or portions, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any. Within the Terms of Use, content shall include the downloadable files which are interpreted by your web browser for display with or without plug-ins.

The terms and conditions here are attributable to all of Services, Sites and Software offered by the Company. Some terms and conditions may seem as though they are not applicable but we still reserve all of the protection offered by those terms and conditions, whether or not you feel as though they apply. For the portions that may not seem applicable to you, you will use programs and products of the Company, and the Services, Sites and Software, with the understanding that you are agreeing to all terms and conditions here. You expressly agree and warrant that you are in full agreement with the Terms of Use, and your use of the Company’s programs and products, and Services, Sites and Software constitutes your signature and full acceptance of all terms and conditions in the Terms of Use.

You recognize that the Services, Sites and Software; and any communications from the Company to you including all related data and information; are considered confidential and proprietary information; and that any disclosure of such data and information by you is strictly prohibited. Any expense incurred by us as a direct or indirect result of disclosing such data and information will be paid by you. This shall include full indemnification for any and all expenses incurred by the Company.

All updates, improvements, modifications, enhancements, and information related to our Services, Sites and Software are proprietary; and all rights, including copyright, are owned by us. You further acknowledge that you have been advised that the information on the Services, Sites and the Software - including the programs, codes, updates, improvements, modifications, enhancements, and information related to installation - constitutes a trade secret of ours; is protected by civil and criminal law, and by the law of copyright; is valuable and confidential to us; and that its use and disclosure must be carefully and continuously controlled by you.

The Company shall at all times retain title to all Services, Sites and Software and all related information, including all updates, improvements, modifications and enhancements that have been furnished to you. The Services, Sites and Software supplied are solely for your use. You agree to notify us immediately if you obtain information as to any unauthorized possession, use or disclosure of any of our Services, Sites or Software by any person or entity, and further agree to cooperate with us in protecting our proprietary rights. Unless agreed to by us in writing, our Services, Sites and Software may be used only by you.

The Company provides Services, Sites and Software for online use, and in certain instances for downloading; and their use by you and others may be subject to fees. You agree not in any way to translate, de-compile, reverse engineer, disassemble, modify, rent, replicate, reproduce, lease, lend, license, distribute, market, sell or otherwise dispose of any portion of the Services, Sites and Software. We reserve the right to modify or discontinue our Services, Sites and Services at any time without any notice to you.

You are responsible for all charges incurred while accessing our Services, Sites and Software. You acknowledge and agree that the Company shall not be liable for any decision made or action taken by you or any others based upon reliance on data or information or materials obtained through use of our Services, Sites or Software. In no case shall our directors, officers, employees, affiliates, agents, or contractors be liable for any direct, indirect, incidental, exemplary, special or consequential damages arising from your use of our Services, Sites or Software. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the extent permitted by law.

We do not endorse, warrant, or guarantee any third party product or service offered or otherwise accessed while using our Services, Sites and Software. Our Services, Sites and Software are provided on an “as is” and “as available” basis without warranty of any kind, express or implied for any third party product or service You hereby release us from any and all obligations, liability and claims in this or any regard; and expressly agree that the use of the Services, Sites and Software, including any third party product or service, is at your sole risk.

You agree and warrant that the contact information you provide us is complete and accurate; and, further, agree to notify us within ten days of any change to any such contact information. Contact information includes your name, mailing address, telephone number, and e-mail.

You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Canada and throughout the world, to reproduce and disseminate, via the Internet, all data and information transmitted to or from our servers.

You agree and warrant that no data or information transmitted by you while using our Services, Sites or Software will contain any material which is harmful, discriminatory, violent, threatening, abusive or hateful. You further agree not to transmit data or information which is libelous, slanderous, defamatory, or in violation or infringement of any common law or statutory right or any other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.

You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of spamming. You agree and warrant that we reserve the right to block mail from any source which we believe, in our sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of our Services, Sites and Software.

You agree that at all times when you use the Service, Sites and Software that you will act in a manner consistent with this Terms of Use; and that you shall not in any way impair the functioning or operation of our Sites or networks or servers. Should your use of our Services, Sites or Software result in an overly high load or stress on our networks or servers, we shall, in our sole discretion, suspend your access or account as the case may be, until the cause of any such overload or stress is determined and resolved to our satisfaction.

You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses, employees and persons associated with your use of our Services, Sites and Software; and that no taxing authorities shall have any claim against us or any affiliated persons for the payment of taxes.

You represent and warrant that you are over eighteen years of age (or the age of majority in places where eighteen years is not the age of majority), and are fully competent to agree to the Terms of Use.

You agree to comply with all Canadian federal, provincial and municipal laws and requirements, as well as any international laws and requirements, while using our Services, Sites and Software. You also agree to abide by all federal, provincial, territorial and local laws and requirements, as well as international laws and requirements, regarding online conduct and acceptable content. Specifically and in particular, you agree to comply with all applicable laws and requirements regarding the transmission, security and privacy of technical data and personal information within and external to Canada.

While using our Services, Site sand Software and during the course of this Terms of Use you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to us (Confidential Information). You agree to preserve the confidentiality and privacy of all Confidential Information that is provided in connection with the use of our Services, Site and Software; and that you shall not, without the prior written consent from us, disclose or make available to any person, or use for your own or any other person’s benefit, any Confidential Information; and further agree that we retain all rights and title to such Confidential Information.

You confirm that you have decided to enter our Sites and use our Services and Software at your own risk; and further acknowledge and agree that none of us, our agents and representatives have at any time in the past represented to you directly or indirectly, or in any manner communicated to you, any guarantees for the Services, Sites and Software.

You agree that: we have no control over any of our public free or paid web pages; we are not responsible for any use by a third party in regards to what they transmit to you or any other person connected to you in any form; and we cannot be held responsible for such use or actions by any third parties. You agree that you use our Services, Site and Software at your own risk, and that any causes of action that arise from their use are not our responsibility; and any expenses incurred by our company defending any such claims shall be reimbursed by you to us. This includes any expense related to us defending claims associated with you, or as a direct result of you.

You further agree to defend, indemnify and hold harmless the Company- including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, partners, affiliates and nominees - from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable legal fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by an act or omission of you or your agents or representatives in connection with the Services, Sites and Software or the Terms of Use.

After cancellation of our Services, Site and Software for any reason, you agree that you will no longer have access to the Services, Site and Software, or to any account or any content or any other data or information, including but not limited to: e-mails, web pages, CGI scripts, log files, databases, or other data files. This information may be deleted in the Company’s sole discretion; and we accept no liability for any or all deleted information or content. Additionally, you agree that we will not be held to any obligations in regards to the reproduction of information or support for you or any third parties.

In the event that any one or more of the terms and condition contained within this Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not affect any other term or condition; and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been included.

The failure of us at any time to enforce any of the terms and condition in the Terms of Use shall not preclude any other or further or future enforcement of such term or condition. We reserve the right at any time to modify or discontinue, in whole or in part or temporarily or permanently, the Services, Sites and Software with or without notice to you. You agree that we shall not be liable to you, or to any third party, as a result of the discontinuance of Services, Sites or Software.

You agree to negotiate in good with us in good faith and resolve any dispute or claim you feel you may have with us. You agree to hold any arbitration, dispute resolution, mediation, litigation or any other proceeding in Calgary, Alberta, Canada. The Courts of the City of Calgary in the Province of Alberta have exclusive jurisdiction and no other courts, and where the governing law for the Terms of Use is the Law of the Province of Alberta.

Neither you nor us may be a representative of other potential claimants, or a class of potential claimants, in any dispute concerning or relating to the Company or the Terms of Use, nor may two or more individuals’ disputes be consolidated or otherwise determined in one civil action, arbitration, dispute resolution, mediation or any other proceeding. You also agree to waive any rights to participate or initiate an action as a plaintiff or as a member of a class action.

The Services, Site and Software may contains links to other third party Internet websites. These links are provided solely as a convenience to you, and are not endorsements of any programs, products, services, data or information in such websites; and no information in any such website has been endorsed or approved by us. These third party websites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our Privacy Statement.

While the Company may have provided links to other third party websites, you should understand that this does not mean that we have looked at all those third party web sites, that we have checked the third party websites out, or that we in any endorse the third party web sites. We disclaim any responsibility if some websites if you link to has programs, products, services, data or information that is inaccurate, in error, or offends you in any way.

By using the Services, Site and Software, you consent to our collection and use of your personal information as described in our Privacy Statement, which is referentially incorporated here. If we change our privacy policies and procedures, we will the post the revised Privacy Statement to the Site, so you are aware on an ongoing basis of the information we collect, how we use it and under what circumstances we may disclose it.

You agree to all the terms and conditions outlined in this Terms of Use with respect to the Services, Sites and Software. This Terms of Use may be amended at any time by us from time to time without specific notice to you. The latest version of the Terms of Use will be posted on the Sites, and you should review this latest Terms of Use, as well as the Privacy Statement, prior to using the Services, Sites and Software.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services, Sites and Software are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, Sites and Software, except as explicitly allowed, by us is strictly prohibited.

You do not acquire ownership rights to any content, document or other materials viewed through the Services, Sites and Software. Further, the posting of information or materials on the Services, Sites and Software does not constitute a waiver of any right in such information and materials; and some of the content on the site may be the copyrighted work of third parties.

The Services, Sites, Software include our service marks or registered service marks or trademarks. Other product and company names mentioned on the Services, Sites and Software may be trademarks of their respective owners.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Services, Sites and Software strictly in accordance with the Terms of Use and the Privacy Statement; (b) to use the Services, Sites and Software solely for personal and commercial purposes, as the case may be; and (c) to print out discrete information from the Services, Sites and Software solely for personal or commercial purposes, as the case may be, and further provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Services, Sites or Software or any of those contents may be used by you in any litigation or arbitration matter under any circumstances whatsoever.

Your license for access and use of the Services, Sites and Software, and any data, databases, data sets, graphics, information, materials, computer and programs or documents contained there (collectively referred to as the Content and Materials), is subject to the following restrictions and prohibitions on use: you may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services, Site, Software, or any Content and Materials retrieved from there; (b) use the Services, Sites of Software or any Content and Materials obtained from the Services, Sites or Software, to develop, of or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials or the Services, Sites or Software; (d) use any Content and Materials or the Services, Sites or Software in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Content and Materials or the Services, Sites or Software; (f) make any portion of the Content and Materials or the Services, Sites or Software available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, de-compile, dis-assemble or reverse engineer any of the Content and Materials or the Services, Sites or Software, or use any network monitoring or discovery software to determine the architecture of the Content and Materials or the Services, Sites or Software; (h) use any automatic or manual process to harvest information from the Content and Materials or the Services, Sites or Software; (i) use the Content and Materials or the Services, Sites or Software for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Content and Materials or the Services, Sites or Software in a manner that violates any municipal, provincial, federal or international law or requirements regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Content and Materials or the Services, Sites or Software or any portion thereof, or any computer programming available on or through the Content and Materials or the Services, Sites or Software, in violation of any export control laws or regulations in place now, or that may be available in the future.

We may make available through the Services, Sites and Software sample and actual forms, checklists, documents and macros (collectively the Documents). All Documents and the related Services, Sites and Software are provided on a non-exclusive license basis only for your one-time use for individual or commercial purposes as the case may be, without any right to re-license, sub-license, distribute, assign or transfer such license. Documents may be provided for a charge, and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.

Data and information contained in or on or from or made available through the Services, Sites and Software is not intended to and does not constitute any accounting, business, financial or legal or any form of professional advice or opinions or recommendations, and no legal relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the data and information contained in or linked to the Services, Sites and Software. Your use of the data and information in or on or from or made available through the Services, Sites and Software; and your use of any materials linked to the Services, Sites and Software is entirely at your own risk.

The Services, Sites and Software may contain advertising, marketing and sponsorships. Advertisers, marketers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with all applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the materials of advertisers, marketers and sponsors.

The Company does not represent or warrant that the Services, Sites and Software will be error-free, free of viruses or other harmful components, or that any defects will be corrected in a timely manner or ever. We do not represent or warrant that any data, documents, information or other content available on or through the Services, Site and Software will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any data, documents, information or other content appearing on the Services, Sites and Software.

Third party content may appear on the Services, Sites and Software or may be accessible via links from the Services, Sites and Software. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services, Sites and Software. You understand that the information and opinions in the third party content may represent solely the thoughts of the author; and is neither endorsed by us nor does it necessarily reflect our belief.

We reserve the right to investigate complaints or reported violations and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

You agree to indemnify, defend and hold the Company and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, lawyers, advertisers, product and service providers, nominees, partners and affiliates (collectively the Affiliated Parties) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Terms of Use, or your use of the Services, Sites and Software.

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