Website Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of Diamondback-canada.ca is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using Diamondback-canada.ca, you signify your acceptance of these Terms and Conditions.
Canadian Tire Corporation, Limited (the "Corporation") 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 Diamondback-canada.ca web site. Your continued use of the Diamondback-canada.ca web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
The Diamondback-canada.ca web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of the Corporation, and/or its various subsidiaries, affiliates, the Corporation’s Associate Dealers, 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 Diamondback-canada.ca may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Corporation and/or the applicable Third Parties.
Diamondback, Diamondback-canada.ca, and all other Corporation related trademarks and design marks displayed on Diamondback-canada.ca (collectively, the "Trademarks") are registered and common law trademarks of the Corporation. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on Diamondback-canada.ca 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 the Corporation or such other party that may own the applicable trademarks.
Use of Site
Neither the Diamondback-canada.ca web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Corporation, except that you may download, display and print the content presented on Diamondback-canada.ca for your personal, non-commercial use only. Unauthorized use of Diamondback-canada.ca and/or the content contained on canadiantire.ca 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 this web site. The use of such content on any other web site 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 Diamondback-canada.ca website is not intended for use by children under the age of 13. Use of the Diamondback-canada.ca website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to the Corporation and without any liability whatsoever, the Corporation at any time and without notice may terminate or restrict your access to any component of Diamondback-canada.ca.
Except as explicitly provided in these Terms and Conditions as amended from time to time, the Corporation and the Third Parties make no representations or warranties of any kind, express or implied, regarding Diamondback-canada.ca and/or any content provided on Diamondback-canada.ca, all of which are provided on an "as is" and "as available" basis. The Corporation and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of Diamondback-canada.ca, or any of the content or data found on Diamondback-canada.ca, and expressly disclaim all warranties and conditions in respect of Diamondback-canada.ca, 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.
The Corporation 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.
The Corporation 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 Diamondback-canada.ca or your downloading of any materials, data, text, images, video or audio from Diamondback-canada.ca.
In no event shall the Corporation 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 Diamondback-canada.ca 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 Diamondback-canada.ca for purchases) even if advised of the possibility of damages.
If, notwithstanding the foregoing, the Corporation 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 Diamondback-canada.ca or its content, the liability of the Corporation and the Third Parties shall in no event exceed in the aggregate $250 CAD.
You shall indemnify and save harmless the Corporation 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 Diamondback-canada.ca.
The Diamondback-canada.ca web site may contain links to web sites owned or operated by other entities which are not associated or affiliated with the Corporation 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 the Corporation or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. The Corporation and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the Diamondback-canada.ca web site or any of its content in any form and by any method is strictly prohibited.
The relationship between the Corporation 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 Diamondback-canada.ca.
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of Diamondback-canada.ca and these Terms and Conditions.
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on Diamondback-canada.ca.
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.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
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 the Corporation as set forth above.