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AccuTrade Website & Product Terms of Use

Last Updated: 6/3/24

Welcome to AccuTrade! This Web site (www. D2CMedia.ca/en/AccuTrade) or application, as applicable and as the context requires (this “Site”) is provided by AccuTrade, LLC and its affiliates (collectively “AccuTrade,” “we” or “us”). Your use of this Site is governed by and subject to these terms and conditions of use (this “Agreement”). Please read this Agreement carefully and thoroughly. By accessing and using this Site, you agree that you have read and understand this Agreement, and that you accept and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not continue to access and use this Site.

Changes to Terms of this Agreement

 

This Agreement may be updated by AccuTrade from time to time, and may be amended to incorporate additional terms specific to certain additional AccuTrade products or services, which you choose to purchase or license. All such updates and changes are effective thirty (30) calendar dates after notice thereof, which we may give by any means, including, but not limited to, posting a revised version of this Agreement or other notice on this Site. If you are an existing customer, we will send email notification regarding such modifications to the email address indicated in your account. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents. If you do not agree with the modifications, you must cease your access and/or use of this Site.

Access, Registration and Use

In this Agreement, “you” refers to an individual or Dealer accessing this Site, regardless of any particular AccuTrade products or services purchased or licensed. To the extent applicable, “you” also includes the corporation or other legal entity (your “Company” or “Dealer”), if any, on whose behalf you are accessing this Site. By accessing or using the Site, you represent and warrant that you are at least 18 years of age and, in any event, at least of legal age and with the necessary legal capacity to form a binding contract in your jurisdiction (in some jurisdictions, this is also referred to as the age of majority). Though registration is not required to access and use certain features and materials that we make available on the Site, you must register with AccuTrade as a subscriber in order to take advantage of the features and benefits of AccuTrade’s Product Offerings, Appraiser and Instant Offer, the vehicle valuation and pricing tool (as described below). You agree that all information that you provide to AccuTrade in connection with your access to and use of the Site, including, but not limited to, all information that you may provide in the AccuTrade Appraiser and Instant Offer subscriber registration process, is true, accurate and complete, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. We reserve the right to terminate this Agreement and to refuse, restrict or discontinue service or access to the Site, or any portion or features of this Site, to you or any other person or entity, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and your AccuTrade Appraiser and or Instant Offer Product Licenses (as described below), in the event that any information provided by you in the basic registration or AccuTrade Appraiser / Instant Offer subscriber registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or any license, purchase order or other agreement that you have with us.

Security

AccuTrade takes commercially reasonable measures to secure and protect information transmitted to and from the Site, however we cannot and do not guarantee that any such communications or any electronic commerce conducted on or through the Site is or will be totally secure. You are responsible for maintaining the confidentiality of your personal information, which refers to information that may be reasonably associated with, linked to, or used to individually identify you or allow you to be personally identified or contacted, and of any login or ID (your “User ID”) and any password that may be assigned to you by AccuTrade, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify AccuTrade of any unauthorized use of your User ID or password or any other breach of Site security of which you become aware. AccuTrade cannot and will not be liable for any loss or damage arising from your failure to maintaining the confidentiality of your User ID or password.

Proprietary Content

AccuTrade respects the intellectual property rights of others and expects you to do the same. AccuTrade has expended substantial time, effort and funds to create the Site and to create, collect and provide the materials, products and services that are available through the Site. You understand and agree that AccuTrade owns (or where required, appropriate or applicable, has been licensed by third parties to use) all right, title and interest in and to the Site and the products and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, trademarks, domain names, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States, Canada and other countries, and that you acquire no ownership interest or rights by accessing and/or using the Site and/or the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, inventions (whether patented or not), copyrights, trademarks and service marks (whether registered or not), trade dress protection, trade secrets, database rights, know-how, and related goodwill, and all such rights are and shall remain the property of AccuTrade and, if applicable, its licensors.

Use of Content

Subject to the more narrow limited license granted below with respect to the AccuTrade Appraiser and Instant Offer Products, AccuTrade grants you a revocable, limited, non-exclusive, non-transferrable, non-sublicensable license to access and make use of the Site and the Content solely for legitimate and lawful purposes and in accordance with the terms and conditions of this Agreement, including, but not limited to, this paragraph. Unless otherwise permitted by AccuTrade, any alteration, modification, translation, creation of derivative works, copying, reproduction, redistribution, retransmission, redisplay or other use of the Site or any Content in any other manner or for any other purpose may constitute an infringement of AccuTrade’s intellectual property and other proprietary rights. You may not alter, modify, translate, copy, reproduce, perform, create derivative works from, republish, redisplay, upload, post, retransmit, or redistribute in any way whatsoever any Content from the Site, or any other Web site owned or operated by AccuTrade, without the prior written permission of AccuTrade. Use of the Content or any portion thereof on any other Web site is expressly prohibited without prior written permission from AccuTrade. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content.

AccuTrade Appraiser and Instant Offer Products

  1. Product Description. AccuTrade owns or (where required, appropriate or applicable) has been licensed by third parties to use, all right, title and interest in and to the AccuTrade Appraiser and Instant Offer Products software (collectively, with the associated documentation and other materials, “Appraiser or Instant Offer”). Appraiser is a vehicle valuation and pricing tool for use by validly licensed automobile dealers (“Dealers”); and Instant Offer is a vehicle valuation tool for use by consumers who desire to trade-in their vehicles as part of a new car buying transaction, and is accessed by consumers through a dealership trade-in widget. Subject to any extenuating circumstances beyond the control of AccuTrade, the Instant Offer vehicle valuation shall be valid for 72 hours from the date of issuance. The vehicle valuation which Appraiser and Instant Offer produces is conditioned upon the vehicle having a valid VIN, and the accuracy of the state of the vehicle’s condition and type of prior usage, personal or commercial. Exceptional circumstances and causes may have an adverse effect upon the vehicle valuation process, including, but not limited to: water, flood, hail and fire damage; mechanical or electrical system damage; structural damage to the vehicle’s frame or unibody; odometer damage or tampering; and emission equipment malfunction. The Appraiser and Instant Offer Products may not produce valuations for vehicles having issues involving the foregoing, or, from, time-to-time, for certain categories of vehicles, by make, model and year, at the election and in the sole discretion of AccuTrade. Without limiting the generality of the “Disclaimer” section below, you acknowledge and agree that neither AccuTrade nor its business partners make any representation, warranty, or condition that any price generated by the Appraiser or Instant Offer Products for a particular vehicle will be accurate, current, complete or otherwise comparable with prices offered in the marketplace for the same or similar vehicle.
  2. License. Upon Dealer’s purchase of a subscription to Appraiser and or Instant Offer and Dealer’s continuous compliance with its terms and conditions including, but not limited to, the license fee payment terms, and the terms and conditions of this Agreement, AccuTrade grants to Dealer a revocable, limited, non-exclusive, non-transferrable, non-sublicensable license to use the Appraiser and or Instant Offer Product for legitimate and lawful purposes directly related to Dealer’s business. As and between you and AccuTrade, Appraiser and Instant Offer are Content and constitute AccuTrade’s valuable proprietary information that is protected by applicable intellectual property and other proprietary rights recognized by the laws and international treaties of the United States, Canada and other countries. As a subscriber to Appraiser and/or Instant Offer, you agree not to modify, decompile, disassemble, reverse engineer, decode or access the source code or object code or databases, or create derivative works from the Appraiser or Instant Offer vehicle valuation software product. You further agree to grant, and hereby grant, AccuTrade a royalty-free, perpetual, irrevocable, non-exclusive, transferrable, sub-licensable right and license to use the information and data which is used in, and results from, your use of the Appraiser Product and your consumer’s use of the Instant Offer Product, including but not limited to your, and your consumer’s, vehicle buying and selling preferences, tendencies and demographics. The current license fee for the Appraiser and Instant Offer Products is noted in Section 3 below.
  3. License and Subscription Fees. License fees for AccuTrade services are agreed to by you and AccuTrade in order forms. You and/or your Company may terminate your subscription to Appraiser or Instant Offer upon notice; such termination notice must be provided to the designated email at support@AccuTrade.ca or customer service line at 1-506-859-6190 at least five (5) business days in advance of the next scheduled monthly billing date to be considered effective for that month. For Quebec consumers, this notice can be made any day before the next scheduled monthly billing date to be considered effective for that month. Dealer’s subscription to Appraiser and or Instant Offer may be suspended or terminated at any time without notice if Dealer fails to timely pay the license and subscription fees. Your payment obligations under this Agreement are non-cancelable and fees paid are non-refundable.

Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request the removal of those materials (or access to them) from the Site by submitting written notification to AccuTrade in accordance with the Notice and Notice Regime provided by the Copyright Act, RSC 1985, c C-42. The written notice must:

  1. state the claimant’s name and address;
  2. identify the copyright material that is alleged to have been infringed and the claimant’s interest or right with respect to that material;
  3. specify the location data (e.g., the web address or Internet address associated with the alleged infringement);
  4. specify the infringement that is alleged; and
  5. specify the date and time of the alleged infringement.

The written notification that you submit to AccuTrade must not contain:

  1. an offer to settle the claimed infringement;
  2. a request or demand, made in relation to the claimed infringement, for payment or for personal information;
  3. a reference, including by way of hyperlink, to such an offer, request or demand; or
  4. any other information that may be prescribed by regulation.

Submissions

By submitting information or other material to the Site or to AccuTrade, whether by e-mail, telephone or other mode of communication, or through access to and use of the Site or the Content, including, but not limited to, access to and use of Appraiser or Instant Offer, you thereby expressly grant AccuTrade a royalty-free, perpetual, irrevocable, non-exclusive, transferrable, sub-licensable right and license to use, make and have made, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to our Privacy Policy, as set forth on this Site.

Compliance with Law

You access and use of the Site and the materials, products and services available on or through the Site or AccuTrade are at your own initiative and risk. In connection with your access to and use of the Site, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. You agree to comply with all applicable local rules regarding online acceptable conduct and acceptable content.

Linked Sites

For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of AccuTrade. AccuTrade does not sponsor or endorse such Web sites and is not responsible for the accuracy, content or any aspect thereof. AccuTrade disclaims all liability for such Web sites, and for any use of the links to such Web sites or use of such Web sites themselves. AccuTrade also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through such other Web sites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against AccuTrade arising from or based on your use of, or the offer or purchase of products or services on or through, such other Web sites. Links do not imply that AccuTrade is affiliated or associated with, or is legally authorized to use any trademark, tradename, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AccuTrade or any of its affiliates.

Disclaimer

This “Disclaimer” section does not apply to Canadian consumers where prohibited by applicable Canadian laws, including applicable laws of Quebec.

 

The provisions of this “Disclaimer” section shall survive any termination of this Agreement.

Limitation of Liability

This “Limitation of Liability” section does not apply to Canadian consumers where prohibited by applicable Canadian laws, including applicable laws of Quebec

NEITHER ACCUTRADE, ITS SUBSIDIARIES, BUSINESS PARTNERS AND ASSOCIATES, CONTRACTORS, SUPPLIERS, CO-BRANDERS AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES, INCLUDING ACCUTRADE, AS LISTED HERETOFORE IN THIS SENTENCE, COLLECTIVELY, THE “ACCUTRADE ASSOCIATES”), SHALL BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, NEGLIGENT USE OR NON-USE, OR YOUR RELIANCE ON OR FAILURE TO RELY ON THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES ACCESSIBLE, ACCESSED OR USED ON OR THROUGH THE SITE OR ACCUTRADE; (B) ANY DECISIONS MADE OR NOT MADE, OR ACTIONS TAKEN OR NOT TAKEN BY YOU, YOUR COMPANY, OR ANY THIRD PARTY WITH REGARD TO, IN RELIANCE ON, OR AS A RESULT OF, ACCESS AND USE OF THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR ACCUTRADE; (C) ACCUTRADE’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH ACCUTRADE OR ITS WEBSITE, OR BY THIRD-PARTY WEBSITE LINKS TO AND FROM THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE ACCUTRADE ASSOCIATES BE LIABLE TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF REVENUE OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOSS OF GOODWILL, LOSS OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF OTHER ECONOMIC ADVANTAGE AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE, NEGLIGENT USE OR NON-USE OF MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR ACCUTRADE, THE USE, COPYING OR DISPLAY OF THIS SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF THE APPLICABLE ACCUTRADE ASSOCIATE WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN RECOGNITION OF THIS LIMITATION OF LIABILITY, YOU HEREBY WAIVE ANY AND ALL CLAIMS ASSOCIATED WITH YOUR USE OF THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE, ACCUTRADE OR ANY THIRD PARTY WEBSITE LINKED TO OR FROM THIS SITE. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE ACCUTRADE ASSOCIATES SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE ACCUTRADE ASSOCIATES ARE FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE ACCUTRADE ASSOCIATES’ COLLECTIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED THE HIGHER OF $100.00 OR THE TOTAL LICENSE FEES PAYABLE BY DEALER PURSUANT TO SECTION 3 (OF THE “ACCUTRADE APPRAISER AND INSTANT OFFER PRODUCTS” PARAGRAPH) IN SUCH CALENDAR YEAR, AND YOU SHOULD DISCONTINUE USE OF THE ACCUTRADE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED THROUGH THIS WEBSITE.

The provisions of this “Limitation of Liability” section shall survive any termination of this Agreement.

Indemnification

You agree to indemnify, defend and hold all of the AccuTrade Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including, but not limited to, reasonable legal fees, court costs, damage awards, settlement amounts, disbursements, and expenses), made by any third party due to or arising out of content, data or information you submit, post to or transmit through the Site, your access to and use, negligent use or non-use of the Content, the Site and other materials, products and services available on or through the Site or AccuTrade, your violation of this Agreement or your violation of any rights of another. We reserve, and you grant to us, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you. The provisions of this “Indemnification” section shall survive any termination of this Agreement.

Miscellaneous

This Agreement (which may be revised and amended from time to time according to the terms and conditions of this Agreement), together with any applicable licenses or services agreements between you or your Company and AccuTrade and/or our business partners and associates, co-branders and other similar entities collectively constitute the entire agreement with respect to your access to and use of the Site and the materials, products and services available on or through the Site or AccuTrade and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you or your Company and AccuTrade and/or our business partners and associates, co-branders and other similar entities (as applicable) with respect to the subject matter hereof. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of AccuTrade’s copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. AccuTrade may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of AccuTrade. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. AccuTrade may provide any required notices to you by email, regular mail, postings on the AccuTrade website, or by any other customary and reasonable means. The division of this Agreement into provisions, sections and subsections and the use of headings are for convenience or reference and shall not affect the interpretation of this Agreement. The provisions of this “Miscellaneous” section shall survive any termination of this Agreement.

Governing Law

[NOT APPLICABLE TO QUEBEC CONSUMERS.] The laws of the Province of Ontario and federal laws of Canada applicable therein will govern the interpretation of this Agreement and the relationship between you and AccuTrade, without regard to Ontario’s conflicts of laws rules.

Notwithstanding the foregoing, if you reside in Quebec, the laws of the Province of Quebec and federal laws of Canada applicable therein will govern the interpretation of this Agreement and the relationship between you and AccuTrade, without regard to Quebec’s conflicts of laws rules.

The provisions of this “Governing Law” section shall survive any termination of this Agreement.

Arbitration, Jurisdiction, and Waiver of Class Actions

  1. [NOT APPLICABLE TO QUEBEC CONSUMERS.] Agreement to Arbitrate Disputes and Waiver of Class Actions.
    1. [NOT APPLICABLE TO QUEBEC CONSUMERS.] SUBJECT TO APPLICABLE LAW, YOU AND ACCUTRADE MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against AccuTrade, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against AccuTrade by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.
    2. [NOT APPLICABLE TO QUEBEC CONSUMERS.] You and AccuTrade agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and prior versions thereof; your relationship with AccuTrade; your use or inability to use any AccuTrade products, services, or the Site; your personal information; payments made by you or any payments made or allegedly owed to you; and any other federal and provincial statutory and common law claims (collectively, “Disputes” and each a “Dispute”) will be settled:
      1. by binding arbitration pursuant to this “Arbitration, Jurisdiction, and Waiver of Class Actions” section; or
      2. if required by applicable law, through either binding arbitration pursuant to this “Arbitration, Jurisdiction, and Waiver of Class Actions” section or before the courts of the Province of Ontario, Canada sitting in the City of Toronto or, if applicable, as set out in paragraph 1.e of this “Arbitration, Jurisdiction, and Waiver of Class Actions” section, as may be determined by you after the Dispute has arisen,

except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“Arbitration Agreement”). All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein or as required under applicable law.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND ACCUTRADE ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT (I) AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT OR (II) AS REQUIRED UNDER APPLICABLE LAW.

  1. [NOT APPLICABLE TO QUEBEC CONSUMERS.] Prohibition of Class Actions and Non-Individualized Relief. Subject to applicable law, you acknowledge and agree that you and AccuTrade are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class, collective, or consolidated proceeding. Further, unless both you and AccuTrade otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.
  2. [NOT APPLICABLE TO QUEBEC CONSUMERS.] Arbitration Procedures.
    1. Consultation, Negotiation, and Mediation. You and AccuTrade agree that each shall use best efforts to resolve any Dispute by good faith consultation, negotiation, and mediation with each other with a view to reaching a just and equitable resolution.
    2. Arbitration. If the Dispute cannot be resolved via consultation, negotiation, and mediation within a period of thirty (30) calendar days, or such longer period as the parties may agree in writing, after a party has provided the other party with notice in writing of the Dispute (the “Notice”), then the Dispute shall be referred to and be finally resolved by arbitration in accordance with the Arbitration Act, 1991, SO 1991, c 17 (the “Arbitration Act”). Notwithstanding the foregoing, if the requirements of applicable law require AccuTrade to provide you with an option of referring the Dispute to arbitration or the courts, the Dispute shall be settled in the forum of your choice pursuant to this “Arbitration, Jurisdiction, and Waiver of Class Actions” section.
  • Seat. The place of the arbitration shall be in Toronto, Ontario and all hearings shall be conducted in Toronto. The language of the arbitration shall be in English.
  1. Arbitrator. The arbitral tribunal shall be composed of a single arbitrator agreed upon by you and AccuTrade. If the parties are unable to agree to the appointment of an arbitrator within seven (7) calendar days, or such longer period as you and AccuTrade may agree in writing, of delivery of the Notice, a request for appointment of the arbitrator may be made by way of application to the Ontario Superior Court of Justice pursuant to section 10 of the Arbitration Act.
  2. Award Final. Any award by the arbitrator (including with respect to the payment of fees and disbursements related to the arbitration) shall be final, binding and without appeal. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of reasonable legal fees and expenses, to the extent permitted under applicable law.
  3. Enforcement. Judgement upon the award rendered may be entered in any court having jurisdiction, or, application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be.
  • Supplementary Procedures. You and AccuTrade agree that the Arbitration Act shall supplement any arbitration proceeding undertaken or held by virtue of this Arbitration Agreement, and in the event of a conflict between the provisions of this Arbitration Agreement and the Arbitration Act, this Arbitration Agreement shall prevail.
  • Exceptions. You and AccuTrade agree that this Arbitration Agreement shall not apply to matters relating to injunctive relief sought in connection with this Agreement.
  1. Confidentiality. You and AccuTrade shall keep strictly confidential the content of any arbitration proceedings and any arbitration award made in such proceedings, except for the purpose of any proceeding seeking judicial recognition or enforcement of the arbitration award by any court of competent jurisdiction.
  1. If you reside in Quebec, any Dispute between you and AccuTrade related to this Agreement shall be resolved exclusively by the courts of the Province of Quebec.

The provisions of this “Arbitration, Jurisdiction, and Waiver of Class Actions” section shall survive any termination of this Agreement.

International Users and Export Control Laws

The Site can be accessed from countries around the world. AccuTrade makes no representation that the Site, or the services and products available through it, are appropriate or available for use at other locations outside the United States or Canada, and access to the Site from territories where the Site or any of its services or products are illegal is prohibited. The export and re-export of software products are controlled by the United States Export Administration Regulations, and, to the extent that such Regulations apply to you, such software may not be exported or re-exported to certain designated countries, or any country to which the United States embargoes goods. In addition, to the extent that U.S. export laws apply to you, AccuTrade software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Questions Regarding Terms of Access

Please contact us with any questions regarding this Site, any products or services provided through the Site, or this Agreement by e-mail at support@AccuTrade.ca or by calling our customer service line at 1-506-859-6190.

AccuTrade LLC

CC : Cars.com Inc
Attn: Legal Department
300 S. Riverside Plaza, Suite 1000
Chicago, IL 60606

Acknowledgement

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE ACCUTRADE PRIVACY POLICY REFERENCED HEREIN.