Pioneer Electronics of Canada Inc. Web Site Terms and Conditions of Use

Web Site Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WWW.PIONEERELECTRONICS.CA WEBSITE (THE “WEBSITE”). ACCESS TO AND USE OF THE WEBSITE IS PROVIDED SUBJECT TO THESE WEBSITE TERMS AND CONDITIONS OF USE (THE “AGREEMENT”). ACCESSING AND USING THE WEBSITE MEANS THAT YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. WRITTEN ELECTRONIC APPROVAL IS NOT REQUIRED FOR THIS AGREEMENT TO BE VALID AND ENFORCEABLE. IF YOU DO NOT ACCEPT THE WHOLE AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.

1. WEBSITE MATERIALS; RESTRICTIONS.

You are permitted to use information on the Website only in the ways specified in this Agreement. Photographs, videos, text, product information, and other content on the Website (collectively, the “Materials”) may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Pioneer Electronics (USA) Inc., EXCEPT that you may download one copy of the Materials (except where copy disabling is used) on one computer for your personal, non-commercial, internal home use only, provided that you do not distribute, reproduce, modify or publish the Materials anywhere or delete or change any copyright or other proprietary notices. If you download Materials, they are deemed licensed to you by Pioneer Electronics (USA) Inc. Neither title nor intellectual property rights are transferred to you, but remain with Pioneer Electronics (USA) Inc. and its affiliated companies (collectively, "Pioneer") or their licensors, as applicable. Modification or use of Materials for any purposes other than specifically set out in this Agreement violates the intellectual property rights of Pioneer. Use of Materials on or in any other website or networked computer environment is prohibited. Unless otherwise noted, names and characters on the Website are fictitious and are in no way intended to represent any real individual, company, or event. You agree to prevent any unauthorized copying of the Materials. You may not resell, redistribute, decompile, reverse engineer, disassemble or otherwise convert any software from the Website to a human perceivable form.

2. DISCLAIMER.

Pioneer hopes that the information on this Site is entertaining and interesting for you, but Pioneer is not liable for any damages you suffer from use of the Site. THIS SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS, WHEREIS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIONEER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE OR ANY OF THE MATERIALS.

Pioneer hopes that the information and Materials on the Website is entertaining and interesting for you, but Pioneer is not liable for any damages you suffer from their use. THE WEBSITE AND MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIONEER, ITS LICENSORS, CUSTOMERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS AND WARRANTIES OF ACCURACY, ACCESSIBILITY, PERFORMANCE, DURABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PIONEER DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIONEER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL PIONEER, ITS LICENSORS, CUSTOMERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED UPON CONTRACT, NEGLIGENCE, TORTIOUS ACTION OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE. IN CONNECTION WITH ONLINE PURCHASES MADE THROUGH THIS WEBSITE, IN NO EVENT WILL THE LIABILITY OF PIONEER, ITS LICENSORS, CUSTOMERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS, UNDER ANY THEORY OF RECOVERY, EXCEED THE VALUE OF THE PURCHASED PRODUCTS OR SERVICES. IN CONNECTION WITH YOUR USE OF THIS WEBSITE FOR PURPOSES OTHER THAN MAKING ONLINE PURCHASE, IN NO EVENT WILL THE LIABILITY OF PIONEER, ITS LICENSORS, CUSTOMERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS, UNDER ANY THEORY OF RECOVERY, EXCEED CAD$10.00.

3. JURISDICTION OF WEBSITE

This Website is intended for use within Canada. Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available and to be used in Canada. Pioneer makes no representation that such products are appropriate or available for use in other locations. Those who choose to access this site from locations other than Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

4. SUBMISSIONS.

Pioneer is pleased to hear from you and welcomes your comments regarding Pioneer's products and services, but do not send us information or post it on the Website unless you are willing to let Pioneer have it and the world know about it. You retain ownership of all remarks, suggestions, ideas, graphics, images, and other information communicated to Pioneer through or as a result of use of the Website (“Submissions"), however, by providing Submissions, you hereby grant Pioneer a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license, with the right to sublicense, to use, make, reproduce, disclose, distribute, translate, create derivative works of, display, and perform the Submissions for any purpose, in any media formats and through any channels, subject to Pioneer’s Privacy Policy but without compensation to you or any other person sending the Submissions. You acknowledge that you are responsible for whatever material you submit, and that you, not Pioneer, have full responsibility for its content, including its legality, reliability, appropriateness, originality, or copyright. If Pioneer makes available a discussion group or bulletin board on the Website, you, and not Pioneer, take full responsibility and liability for the content and for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might post or encounter.

5. PRICING INFORMATION.

All prices are manufacturer's suggested retail price in Canadian dollars and may vary at retail locations, except for products sold directly on the Website (which are priced as indicated), or except as otherwise noted. Please check with your local authorized Pioneer retailer or reseller for questions about their prices. All prices on the Website are subject to change without notice.

6. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND REVISIONS TO INFORMATION OR WEBSITE.

Pioneer endeavours to provide current and accurate information on this Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Pioneer cannot guarantee that products and services advertised on this Website will be available when ordered or thereafter. Pioneer does not warrant that the content of this Website including, without limitation, product descriptions or photographs, is accurate or complete.

Pioneer reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on this Website, the prices, fees, charges, designs and specifications of such products and services, any promotional offers without any notice or liability to you or any other person; (c) change, add, and remove any Materials on the Website at any time; (d) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (e) limit quantities available for sale or sold. Pioneer can revise this Agreement at any time by updating this posting. Please check back from time to time for updates. Your continued use of this Website after we post a revised Agreement signifies your acceptance of the revised Agreement.

7. PERSONAL INFORMATION.

Any information you provide in connection with your use of this Website shall only be collected, used and disclosed in accordance with Pioneer’s Privacy Policy. By providing personal information you (i) consent to such collection, use and disclosure, and (ii) represent and warrant that you have obtained all necessary consent to allow Pioneer to collect, use and disclose such personal information in accordance with Pioneer’s Privacy Policy

8. LINKS TO OR FROM THIS SITE.

This Website may be linked to or from sites which are not maintained by Pioneer (the “Third Party Sites”). Third Party Sites are independent from Pioneer and Pioneer is not responsible for the content of Third Party Sites. The inclusion of any link to Third Party Sites does not imply endorsement by Pioneer of the Third Party Sites. Pioneer does not sponsor or endorse Third Party Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Third Party Sites and your dealings with owners and operators of Third Party Sites is at your own risk, and you will not make any claim against Pioneer arising from, connected with, or relating to your use of Third Party Sites or your dealings with the owners or operators of Third Party Sites.

Pioneer may in its discretion cancel and revoke any permission it may give to link to this site at any time and without any notice or liability.

9. LOGIN NAMES AND PASSWORDS

Certain areas and features of this Website are accessible only to users who have been issued a login name and password (collectively "Logins") by Pioneer. Logins remain the property of Pioneer and may be cancelled or suspended at any time by Pioneer in its sole discretion without any notice or liability to you or any other person. Pioneer is not under any obligation to verify the actual identity or authority of any person using Logins to access and use this site. Pioneer may act upon any communication that is given with the use of Logins. Pioneer may in its discretion at any time require proof of the identity of any person seeking to access and use this site, and may deny access to and use of this site or parts of it or refuse to accept or act upon any communication if Pioneer is not satisfied with such proof.

If you have been issued Logins: (a) you will keep the Logins secure and confidential at all times and not disclose the Logins to any other person or permit any other person to use the Logins; (b) you are fully responsible and liable for the security of the Logins and any and all use and misuse of the Logins; and (c) you will ensure that all uses of the Logins comply with this Agreement.

10. CONTESTS

Pioneer may, from time to time, make contests available to users of this site and others. By participating in a contest through this site, you signify your agreement and acceptance of this Agreement and the applicable contest rules. All contests are governed by this Agreement and the applicable contest rules.

11. APPLICABLE LAWS.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving any effect to any principles of conflicts of law.

Except otherwise prohibited by law, all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be arbitrated and finally resolved, pursuant to the simplified arbitration rules of the ADR Institute of Canada. You understand that without this provision you would have had a right to litigate a dispute through a court before a jury or judge, and that you have expressly and knowingly waived those rights and agree instead to resolve any disputes through binding arbitration in accordance with the provisions of this section 11.

The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be in English. There shall be one arbitrator appointed by the ADR Institute of Canada. Any decision or award by the arbitrator rendered in an arbitration proceeding shall be final and binding on each party, and may be entered as a judgment in any court of competent jurisdiction. If either party brings a dispute in a court or other non-arbitration forum in violation of this provision, the arbitrator or judge may award the other party its reasonable costs and expenses (including but not limited to lawyers’ fees) incurred in enforcing compliance with this binding arbitration provision, including staying or dismissing such dispute.

The parties agree that if the foregoing exclusive arbitration provision is not enforceable, the parties attorn to the exclusive jurisdiction of the courts located in the city of Toronto, unless otherwise prohibited by law.

12. OTHER RIGHTS.

Any rights not expressly granted herein are reserved by Pioneer.

13. TRADEMARKS

The names, images, logos and pictures identifying Pioneer's products and services in many countries are proprietary marks of Pioneer. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, copyright, or other proprietary rights of Pioneer or any third party.

14. SEVERABILITY.

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

15. LANGUAGE.

It is the express wish of the parties to this Agreement that this Agreement and all related documents be drafted in English. Les parties aux présentes conviennent et exigent que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en langue anglaise.