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Ally Business Services Inc. TERMS OF USE


THESE TERMS AND CONDITIONS (THESE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND ALLY BUSINESS SERVICES INC., A CORPORATION INCORPORATED PURSUANT TO THE LAWS OF CANADA ("ALLY", "WE" OR "US") AND EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: HTTPS://WWW.ALLY-BUSINESS-SERVICES.COM AS WELL AS ALL ASSOCIATED WEBSITES PROVIDED BY ALLY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE").


Acceptance of Terms
By accessing or using the Site or any of the software, information, data, applications, tools and services provided to you on, from or through the Site (collectively, the "Services"), you are agreeing to these terms and our privacy policy ("Privacy Policy"), which is incorporated by reference into these terms. If you do not agree with any of these terms or the Privacy Policy, please do not access or otherwise use the Services.


You must be 18 years of age or older (or possess legal parental or guardian consent) to access and use the Services. The Services are not intended for children so, if you are under 13 years of age, then please do not use the Services.


Registration
In order to access some features of the Service, you may have to create an account (your "Account"). When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. If you suspect any unauthorized use of your Account, you must notify us immediately.

Although we will not be liable for any losses that you may incur as a result of any unauthorized use of your Account, you may be liable to us for our losses or others due to such unauthorized use.


Prohibited Conduct
In accessing and using the Services, you agree that you will not do any of the following:


  • violate these terms, the Privacy Policy or any laws;
  • provide any false or misleading information to us or any other users of the Services;
  • infringe any rights (including but not limited to intellectual property rights) of any third party;
  • distribute spam;
  • distribute viruses or any other technologies that may harm the Services or the interests or property of Ally or other users of the Services;
  • interfere with the proper working of the Services (including interference with or by-passing security features);
  • copy, modify, or distribute any other person's Content (as defined below); or
  • use any robot, spider, scraper or other automated means to access the Services and collect information and Content (including email addresses) for any purpose without our express written permission.

When used in these terms, the term "Content" means text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.


If we suspect or otherwise have ground to believe that you are not complying with these terms, the Privacy Policy or any other policies or terms that we may implement with respect to the Services from time to time, we may, at our sole discretion and without limiting any other remedies available to us, terminate or suspend your Account or otherwise restrict your access to the Services, with or without notice to you. We also reserve the right to refuse or terminate all or part of the Services to anyone for any reason at our discretion.


Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.


All Content provided on or through the Services, and the trademarks, service marks and logos (collectively, "Marks") on the Services, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law.


Content is provided to you on an "as is" basis. You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these terms. You shall not download any Content unless you see a link provided by us indicating that the Content is available for download. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent or the respective licensors of the Content. Except for the limit rights granted to you in these terms, we, and our licensors, reserve all right, title and interest in and to the Services and the Content.


In the event that you provide us with any comments, suggestions, data, information or feedback in respect of the Services (collectively, "Feedback"), you acknowledges and agrees that all such Feedback may be freely used by us, at our sole discretion, for the design, development, improvement, marketing, commercialization and operation of the Services and our other products and services, without any restrictions based on confidentiality or intellectual property rights.


Links to Third Party Websites and Services

The Services contain links to other third-party websites that are not owned or controlled by us (collectively, "Third Party Sites"). In certain situations, you may be transferred to a Third Party Site through a link but it may appear that you are still on the Site or using the Services. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies, terms and conditions and business practices than us, and you further acknowledge and agree that your use of such Third Party Sites is governed by the terms and conditions of use prescribed by the owners or operators of such Third Party Sites. We are providing links to the Third Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. Unless expressly stated on the Site or through the Services, links to Third Party Sites should in no way be considered as or interpreted to be Ally’s endorsement of such Third Party Site or any product or service offered through it. YOU AGREE THAT THE ALLY GROUP WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.


Warranty Disclaimer
YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALLY AND THE ALLY GROUP, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.


ALLY AND THE ALLY GROUP DO NOT WARRANT THAT THE SERVICES OR CONTENT OR THIRD PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.


Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ALLY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS (THE "ALLY GROUP") BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES, OR ANY OTHER INTERACTIONS WITH ALLY, EVEN IF ALLY OR ANY OF THE ALLY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 


APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF ALLY AND THE ALLY GROUP WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


Limitation of Damages
IN NO EVENT WILL ALLY’S OR THE ALLY GROUP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR YOUR INTERACTION WITH OTHER USERS OF THE SERVICES OR THIRD PARTY SITES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED CANADIAN DOLLARS, WHICHEVER IS GREATER.


Personal Information
By using the Services, you agree to the collection, transfer, storage and use of your personal information by us as further described in our privacy policy.


General
Amendments. We reserve the right to amend these terms at any time and without notice, and it is your responsibility to review these terms for any changes. Your use of the Website or the Services following any amendment of these terms will signify your assent to and acceptance of its revised terms.


Notices. We may provide you with notices, including those regarding changes to these terms, by email, regular mail, postings on the Site or through the Services, or other reasonable means. Notice will be deemed given twenty-four (24) hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a physical address, if provided by you through the Services. In such case, notice will be deemed given three (3) days after the date of mailing or date of posting on the Site or through the Services.


No Waiver. The failure of Ally to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. Any waiver of any provision of these terms will be effective only if in writing and signed by an authorized representative of Ally.


Governing Law and Jurisdiction. These terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms, Ally or the Services will be filed only in the provincial or federal courts in and for the Province of Ontario, Canada, and each of you and us hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, we shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.


Severability. If any provision of these terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.


Assignment. These terms, and any rights and licenses granted under these terms, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or any restriction. Any assignment attempted to be made in violation of these terms shall be null and void.


Survival. Upon termination of these terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.


Entire Agreement. These terms and the Privacy Policy constitute the entire agreement between you and us relating to the subject matter of these terms and will not be modified except in writing, signed by both parties, or by a change to these terms or Privacy Policy made by us as set out in these terms.


Contact Us. If you have questions or concerns about these terms or the Services, please contact us at info@ally-business-services.com