Terms & Conditions
This website is operated by Birchwood. Throughout the site, the terms "we", "us" and "our" refer to Birchwood. Birchwood offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or contacting us you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our website is hosted on Birchwood. They provide us with the website platform that lists our available vehicle inventory and services.
SECTION 1 - WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. If reserving a vehicle or ordering parts or service thru e-commerce functions, credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colours, images, and trim levels of vehicles available. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
If ordering parts or reserving a vehicle, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our dealership. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Birchwood, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Birchwood and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to: firstname.lastname@example.org
SECTION 21: ACCOUNT CREATION
To access certain portions of the Website, such as booking vehicle maintenance appointments, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
As part of the registration process, you may choose or be given a password and user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify Birchwood of any unauthorized use of your password or user name or any other breach of security.
Use of the Birchwood Website
Your access to and use of the Birchwood website is subject to these Legal Terms and Conditions. By accessing and browsing the website or downloading data, material, text, images, video or audio etc. from the website you accept without limitation or qualification to be bound by the Legal Terms and Conditions. Birchwood may at any time revise these Legal Terms and Conditions. You are bound by such revisions and should therefore periodically visit the website to review the current Legal Terms and Conditions.
The information provided on the Birchwood website is of a general and informational nature. If you have any inquiries about any of our services, please contact us via email. The information provided on this website is not to be seen as our professional advice.
You may download the downloadable files on the website, but you are not allowed to reproduce these files or use them for any purpose other than viewing.
Change of Information and Services
Information on the Birchwood website may be changed and updated without prior notice. Birchwood may also make improvements and/or changes to the services described and/or in the information contained in the website at any time without prior notice.
Unless otherwise specifically stated herein, Birchwood shall retain any and all title, rights and interests it may have in its domains/sub-domains, trademarks, logos, copyrights, other intellectual property rights and any other rights in respect of or connected to the website and the services offered.
Birchwood shall own all intellectual property rights in this website as a whole including all rights in and to trade secrets, patents, copyrights, trademarks, logos, and know-how, as well as moral rights and similar rights of any type under the laws of any governmental, municipal or local authority, domestic or foreign.
Birchwood shall also own any data it creates as a result of operating the website. Everything you see or read or that is contained in the Birchwood website is protected by copyrights and, except as strictly provided and permitted in these Legal Terms and Conditions and/or on the website, may not be used without the prior written permission of Birchwood.
Birchwood neither warrants nor represents that your use of the services or material displayed on the website will not infringe rights of third parties not owned by or affiliated with Birchwood. The Birchwood website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.Errors
While Birchwood has made reasonable endeavors to ensure that the information contained in the Birchwood website is accurate and up-to-date, Birchwood is not responsible or liable for any errors, inaccuracies, omissions, misuse, or conversion of any data or information contained in or derived from the website, or for the results obtained from the use of any data or information. All information and data on the website are provided as is, and as available with no guarantee of completeness, accuracy, timeliness or of results obtained from the use of such information and given without warranty or representation of any kind, whether expressed or implied.
Birchwood makes no warranty or representations whatsoever regarding any other website which you may access through the Birchwood website or which you may use or access to enable access to this website and any of its services. When you access a non-Birchwood website, please understand that it is independent from Birchwood and that Birchwood has no control over the content or operation of that website. In addition, a link to or in a non-Birchwood website does not mean that Birchwood endorses or accepts any responsibility for the content, the use or the operation of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses and other items of destructive nature. You are allowed to link to this website, but to the top-level navigation and only in a way that is fair and not misleading. You are not allowed to reproduce or display any content from this website in or as part of any other website.
Any comments sent to Birchwood regarding the website become the property of Birchwood and may be used for any purpose without limitation or pre-notice. Received comments will not be treated as confidential.
Exclusion of Liability
In no event will Birchwood, its related partnerships, affiliates, corporations, associated companies, directors, officers, employees, agents or representatives of any kind be liable for any decision made or action taken in reliance on the information on the website or for any loss, damage or claims of whatever nature or for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever, including, but not limited to, liability for business interruption or loss of data or profits arising out of access to or use of the Birchwood website, or its services, even if Birchwood is expressly advised of the possibility of any loss, damage, claims or damages. Neither Birchwood nor any of the above mentioned parties accept or assume any responsibility whatsoever and shall bear no liability for any damage to or viruses or other items of destructive nature that may infect your computer, any other hardware, software or other IT systems or other property on account of your accessing, browsing and/or using the website and any of its services or downloading of any material, data, text, images, video or audio from the website. Furthermore, Birchwood assumes no responsibility, and shall not be liable for any loss, damage or damages whatsoever due to any third parties unjustified access to the website or to passwords or data or information on the Birchwood website.
- General Remark.This web site is intended for personal and non-commercial use only. The entire content available in this web site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds video clips, software and links to external web sites (the "Content"), is provided for informational purposes only.
- Disclaimers and Limitation of Liability.Our dealership intends for the Content on this web site to be accurate and reliable, however, this web site and the Content are provided to you "as is" and "as available" and without warranty or condition of any kind, whether express or implied. It is your responsibility to verify with our dealership that the Content contained in this web site is accurate. To the fullest extent permissible pursuant to applicable law, our dealership disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Our dealership does not represent or warrant that the functions contained in this web site will be uninterrupted or error free, that defects will be corrected or that this web site or that the server which makes this web site available are free of viruses or other harmful components.
In no event shall our dealership be liable for any damages whatsoever, including special, indirect, incidental or consequential damages, arising out of or in connection with the use or performance of this web site or any other web site you may access while using this web site or your use of the content, even if advised of the possibility of such damages.
- Web Scraping/Harvesting.You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of this web site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this web site.
- Linking to This Web Site.may create a link (the "Hyperlink") to this web site provided that:
- you do not replicate any of the Content of this web site;
- you do not create a frame or any other bordered environment around this web site or its Content;
- the Hyperlink shall not imply any endorsement of any product or services; and
- the web site linking to this web site does not contain any information, content or material that would interfere with the operation this web site nor which libels, defames, invades /privacy-policy/, is distasteful, offensive, obscene, pornographic, abusive or threatening, intended for an adult audience, infringes intellectual property laws or violates any other laws.
Our dealership may withdraw your right to link to this web site at any time in its sole discretion.
- External links on this web site.Links available on this web site will allow you to link to web sites not maintained or controlled by our dealership. Our dealership provides these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding those other web sites and assumes no responsibility for content on third party web sites. Please be aware that you link to these third party web sites at your own risk.
- Copyright.All Content published on or otherwise accessible through this web site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by our dealership or our dealership's content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through this web site and maintain such notices in the Content.
- Trade-marks.The names associated with the products, services, partners and suppliers mentioned in this web site may be trade-marks of either our dealership, its affiliates or business partners. You shall not use any trade-mark displayed on the web site without the express written consent of the relevant owner of the trade-mark.