The terms “We”, “we”, “us”, “Our”, “our”, or “CoMotion” means CoMotion Group Inc. (O/A “CoMotion On King” and “CoMotion 302”). The term “Site” refers to www.comotiongroup.ca. The terms “user”, “You”, “you”, “Your” or “your” means collectively all Site visitors, customers and any other users of the Site.
Use of Site
Information provided on the Site is subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you provide us will always be accurate, correct and up to date.
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, objectionable content, or may violate any law.
Third Party Resources and Links
The Site may contain links to third-party web sites or services that are not owned or controlled by CoMotion. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Links to such websites or resources do not imply any endorsement by or affiliation with CoMotion. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You further acknowledge and agree that CoMotion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Please read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Intellectual Property Rights
This Site and all the materials available on the Site are the property of CoMotion Group Inc. and/or our affiliates or licensors, and are protected by copyright, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.
More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site.
You agree at all times to defend, indemnify and hold harmless CoMotion, our affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
You will also indemnify and hold CoMotion and the the Indemnified Parties harmless from and against any claims brought by third parties arising out of any unauthorized use by you of the Content and any information or Services accessed through the Site.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
Limitation of Liability
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMOTION AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS”AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR LIMITED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,SPECIFICALLY, I DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, MEET YOUR EXPECTATIONS, THAT DEFECTS OR OMISSIONS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT I WILL NOT BE HELD LIABLE FOR ANY INCIDENTAL, DIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES DUE TO YOUR USE OF THE SITE OR SERVICES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR I WAS GROSSLY NEGLIGENT.
I ALSO DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. IN THOSE PROVINCES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, MY LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MY CUMULATIVE LIABILITY TO YOU EXCEED $100.
These Terms constitute the entire agreement between you and CoMotion pertaining to the Site and supersede all prior and contemporaneous agreements, representations, and understandings between us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by CoMotion.