Terms of Use

Effective Date:

Welcome to http://www.subaruoforillia.com, a website owned and operated by Subaru of Orillia. In these Terms of Use ("Terms"), the terms "we," "us," and "our" refer to Subaru of Orillia and the terms "you" and "your" refer to you as a user of this website.

By using this website, you accept the terms of these Terms. This is a legally binding agreement between you and us; please read it carefully. When using this website, you may be subject to other posted terms and guidelines applicable to certain services available on this website. All terms and guidelines on this website, including our Privacy Policy, are part of these Terms. Unless explicitly stated otherwise, any features or services available at any time on this website are subject to these Terms. Accessing this website in any manner, even through automated means, constitutes your use of this website and your agreement to be bound by these Terms. We may change these Terms from time to time and will revise the effective date when we do so. Your continued use of this website after the posted effective date constitutes your agreement to be bound by these Terms as modified. We may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

CONTENT. The entire material and content available on this website including text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds, video clips, software, and links to external websites (collectively, the "Content") is for your general informational purposes only. This website may also contain opportunities for individuals to connect with us, our business partners or affiliates, relevant advertisers, or each other. 
While we aim to provide a website that is useful to you, this website or the Content may include errors or omissions, and it may include material collected from and provided by third parties that we have not verified or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of this website or the Content, and you should not rely on it without independent verification. 
We reserve the right at any time to modify, update, suspend or discontinue all or part of this website and/or the Content, including your account(s) and any content that you create, with or without notice to you. You agree that we and Subaru Canada, Inc., the distributor of Subaru brand vehicles in Canada, and our respective affiliates, directors, officers, employees, agents, partners, service providers, and licensors (collectively, the "Subaru Parties") will not be liable to you nor to any third party for any such modification, suspension or discontinuation.

OWNERSHIP AND PERMISSIONS. This website and the Content remain the property of us or the other Subaru Parties, and are protected by Canadian copyright laws, international conventions, and other intellectual property laws.

The names of products and services on this website may be the trademarks of their respective owners. The Content and any trademarks and service marks on this website shall at all times remain the property of us or third party owners.

Except as explicitly provided in these Terms, you may not sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from or otherwise exploit any part of this website or any of the Content. You may not use automated means, such as robots, screen scrapers or spiders, to collect and/or index any of the Content. You may display, print or save a single copy of any page of this website or a single copy of any downloadable report, brochure, presentation or other downloadable document for your own personal and non-commercial use only, but you may not otherwise reproduce any of the Content without our prior written consent. You may not store any significant portion of, or distribute copies of, the Content in any form (including electronic form), without our prior written consent.
You further agree that you will not attempt or do any of the following:
  1. interfere with or disrupt this website or our business, computer systems, servers or networks;
  2. attempt to gain unauthorized access to any part of this website, to accounts that belong to other users, or to computer systems or networks connected to this website;
  3. engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, spiders, or otherwise;
  4. collect information about others without their consent;
  5. interfere with the use of this website by any other individual or party;
  6. impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
  7. share any user name and/or password you have on this website with any other person.
Without limiting any of our other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on this website or on our affiliated websites and services, and a ban from creating new accounts on this website.

SURVEY RESPONSES, FEEDBACK AND OTHER COMMUNICATIONS WITH US. By submitting ideas, survey responses, feedback, suggestions, comments, documents and/or proposals to us (either directly or through our third-party service providers) through this website, surveys, email, or other communications, you acknowledge and agree that such communications: (i) do not contain confidential or proprietary information; (ii) are not inappropriate, obscene, lewd, offensive or unlawful in any way; and (iii) automatically become our property without any obligation from us to you. You agree that we shall be entitled to use, copy, modify, disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute the content of any of your communications with us for any purpose, in any way, in any media worldwide, and that you are not entitled to any compensation or reimbursement of any kind under any circumstances with respect to your communications with us.

YOUR ACCOUNT(S) AND REGISTRATION(S). In the event that you create an account on this website or register for any service offered through this website, you agree to provide accurate, current and complete information about yourself and, if applicable, your company, and to update that information if it changes. Failure to provide accurate and timely information may result in your account being closed and/or your access to the Content or this website provided through your account being suspended or discontinued.
Your right to use this website is personal to you and you may not sublicense, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void. You agree that you are responsible for all use of your account (under any name or password), and you agree that we can assume that any communication from your account using your account name and password came from you.

As part of the process of creating an account or registering for a service provided through this website, you may be asked to choose a password. It is your responsibility to keep this password confidential. If you find out that your password or account is being used by someone else, or you discover any other breach of security, you agree to notify us immediately using the contact information set out below.
We reserve the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Policy.
 
TERMINATION. You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to all or part of this website. Some of the reasons for such termination may include but are not limited to: (i) a breach or violation or suspected breach or violation of these Terms or other incorporated agreements or guidelines; (ii) a request by law enforcement or another government agency; (iii) our decision to discontinue or change all or part of this website; (iv) technical or security issues; or (v) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we and the other Subaru Parties will not be liable for any termination of your use of or access to this website or the Content.

LINKS AND WIDGETS. This website may include links or widgets to other websites or to applications that we do not control. We are not responsible for the content, products or services available through these other websites or applications, which are subject to their own terms of use and privacy policies. Such links and widgets are for your convenience and we do not endorse them in any way. You release us and the other Subaru Parties from any damages that you may incur, and agree not to assert any claims against us and the other Subaru Parties arising from your use of any third-party websites or applications or from your purchase or use of third-party products and services.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THIS WEBSITE AND ITS SERVICES TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND THE OTHER SUBARU PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE AND THE OTHER SUBARU PARTIES MAKE NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE CONTENT AND OF ANY PRODUCTS OR SERVICES ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS; (v) SERVERS THAT MAKE THE CONTENT AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS WILL BE CORRECTED.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND THE OTHER SUBARU PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR THE OTHER SUBARU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THIS WEBSITE OR THE CONTENT OR THE USE OF ANY MATERIAL MADE AVAILABLE THROUGH ANY OTHER WEBSITE OR SERVICE ACCESSIBLE FROM THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE AND THE OTHER SUBARU PARTIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS OR ILLEGAL CONDUCT OF YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANYONE ELSE'S RIGHTS ARISING ON, FROM, OR IN CONNECTION WITH THIS WEBSITE OR THE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

INDEMNITY AND RELEASE. When you use this website, you are agreeing to indemnify and hold harmless us and the other Subaru Parties from and against any and all claims and expenses, including lawyer's fees, arising from or related in any way to your use of this website or the Content, including any content you provide, or any breach of these Terms.

PRODUCT AVAILABILITY. All products and services displayed on this website are subject to availability and may not be delivered to meet your requested delivery dates. We reserve the right to make changes to or discontinue any vehicle models, equipment or services at any time. Please check with us for complete details as any changes may not be incorporated into this website until a later time.

PRICING. All prices listed on this website are in Canadian dollars and the vehicles and services described are offered for sale in Canada only. 

Although we aim to provide customers with the most accurate and reliable vehicle information, trim details, descriptions, images, pricing and offers, errors may occur. The vehicle information, trim details, descriptions, images, pricing, offers and other financial information displayed on this website are for general information only and are subject to change at any time.
Some leasing and financing offers may not be available in all areas of Canada or to all prospective customers. For additional financial information associated with finance and lease offers, please refer to the specific offer disclaimers. 
Unless otherwise specified, the Manufacturer's Suggested Retail Prices ("MSRP") do not include options, freight and PDI, dealer administration and documentation fees, air conditioning surcharge, duty on new tires, other taxes (including, where applicable, GST and PST or HST), license, insurance and registration fees.

For Quebec, and for all other provinces where specified, suggested selling prices include freight and PDI, dealer administration and documentation fees, air conditioning surcharge, and duty on new tires. Other taxes (GST and PST in Quebec and GST and PST or HST in all other provinces), license, insurance and registration fees are extra. Dealer may sell for less. Dealer order or trade may be necessary.

GENERAL. These Terms and all other documents referenced in these Terms, including our Privacy Policy, constitute the entire agreement between us and you with respect to your use of this website. If any provision of these Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions of these Terms. Our failure to enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. These Terms have been made in and will be construed in accordance with the laws of the province in which we are located and the federal laws of Canada applicable therein, without regard to its choice of laws rules. By using this website, you consent to the exclusive jurisdiction and venue of the provincial and federal courts in the province in which we are located, in all disputes arising out of or relating to these Terms or the use of this website. 

If you would like to contact us regarding these Terms, including reporting any violations of these Terms, you may do so at (705) 329-4277 and sales@subaruoforillia.com.