Use of the Retailer’s Website and Limits of Responsibility
Information found on the retailer’s site may contain inaccuracies and errors, and it may be updated at any time without prior notice. The retailer and EVOLIO do not guarantee the accuracy or the completeness of this information and disclaim all responsibility for the errors or omissions it contains. The retailer and EVOLIO will under no circumstances be held liable for damages incurred after accessing and using this website and the information it contains.
Furthermore, the retailer’s website and the information it contains are provided as is and are not subject to any implicit or explicit guarantee. EVOLIO disclaims all responsibility and offers no guarantees as to the conformity with specific requirements or the reliability and accuracy of the information contained on the retailer’s website. The administrators, managers and employees of the dealership and of EVOLIO will under no circumstances be held liable for any damages whatsoever caused by erroneous or inaccurate information contained on the retailer’s website. If an error or an inaccuracy is discovered, EVOLIO undertakes to correct it as soon as possible.
EVOLIO as well as the dealership cannot guarantee the availability of a vehicle. In the event of a discrepancy between the inventory list and vehicles physically available, please contact the dealership directly.
In addition, EVOLIO disclaims all responsibility as to the accuracy or validity of information and of graphic elements on the retailer’s website. Furthermore, EVOLIO in no way guarantees the completeness, to any purpose, of information and of graphic elements on the retailer’s website. This information and these elements are provided without any guarantee of any kind. EVOLIO also provides no guarantee regarding any website other than the retailer’s that you may access via the retailer’s website. By accessing a website other than the retailer’s, you understand and agree that the website in question is independent from the retailer and from EVOLIO and that the retailer and EVOLIO have no control over its content. As well, the presence of a link to a website other that the retailer’s in no way signifies that the retailer assumes any responsibility regarding its content or the use of that site. It is incumbent on you to take the necessary steps to ensure that the content you choose to use is exempt from any destructive or disruptive element such as a virus, worm or Trojan horse.
EVOLIO CAN IN NO CIRCUMSTANCES BE HELD LIABLE FOR DAMAGES OF ANY NATURE, INCLUDING INDIRECT OR SPECIAL DAMAGES, DIRECTLY OR INDIRECTLY LINKED TO THE UTILIZATION OR ACCURACY OF INFORMATION AVAILABLE ON OR REFERRED TO ON THE RETAILER’S SITE
You Performance Motors grant EVOLIO and Performance Motors the right to use, reproduce, modify, adapt, publish, translate, publicize and sublicense any material or information you have presented on the evolio.ca and Performance Motors websites or to incorporate it into other documents no matter the type, medium or technology. This authorization and this right are granted on an international level and are perpetual, irrevocable, non-exclusive and exempt from royalties.
EVOLIO and Performance Motors reserve the right to forbid the massive distribution of text messages or emails if they are unsolicited or cause discontent among the recipients.
You may not post, upload, publish, reproduce, forward or distribute the information or any other materials, or their related works, contained on the evolio.ca and Performance Motors websites that are protected by copyright or other intellectual property rights without the written authorization of the holder of the right in question. You may, however, download a copy of the information to a single computer for personal and non-commercial use only, as long as the copyrights and other property rights mentioned herein are included with said copy.
When accessing the retailer’s website, you may not:
- post, upload, publish, reproduce, forward or distribute in any way the information or any other materials:
- constituting or encouraging conduct that could be considered a criminal offence or that may incur civil lawsuits;
- that are protected by copyright or any other intellectual property right or that come from derived material protected by these rights, without the authorization of the copyright or property right holder;
- nor use the retailer’s website in any way that is contrary to the law, namely to post or distribute any information or program containing a virus, firewall, Trojan horse, worm or any other damaging or disruptive material. You may not upload, distribute or publicize in any way through the retailer’s website material or information of a slanderous, obscene, pornographic or offensive nature or that breaks a law in any way or violates any other person or entity's rights or that contains publicity or an offer of funds, products or services.
Copyright and trademarks
The evolio.ca and Performance Motors websites as well as the content published on the evolio.ca and Performance Motors websites are protected by copyright, trademark and other laws governing intellectual property rights or rights of ownership, and are either the property of, or under the direction of, EVOLIO and Performance Motors, their subsidiaries or their affiliated or licensed companies. No material contained on the evolio.ca and Performance Motors websites may be deemed the recipient, even implicitly, of an authorization or right to use a trademark, logo or other name, particularly those identifying EVOLIO and Performance Motors, their subsidiaries and their affiliated companies or their respective products and services contained on the evolio.ca and Performance Motors websites, without the written authorization of EVOLIO, Performance Motors or the third party holding the trademark, logo or other name in question.
EVOLIO and Performance Motors in no way guarantee confidentiality to the users of the evolio.ca and Performance Motors websites. It is thus recommended that this service not be used to forward confidential information: such usage is strictly at the user's risk and EVOLIO, Performance Motors, their subsidiaries and affiliated companies can under no circumstances be held responsible.
EVOLIO and Performance Motors recognize how important the protection of your privacy is to you. They have facilitated access to certain pages of their website so that you can consult evolio.ca and Performance Motors online without having to disclose personal information.
However, in certain cases, EVOLIO and Performance Motors will ask you for personal information, for example when you are registering for the mailing list. They are determined to ensure this information remains confidential and is protected at all times. Your name, email address, home address, phone numbers (home or cell phone) and any other information will not be sold or revealed to advertisers, merchants or any other person or commercial concern.
EVOLIO and Performance Motors gather information on the origin of visitors, such as their domain name. However, this data is deleted once it has been analyzed for statistical purposes. Information on demographics and user habits collected during your visits are used anonymously and are completely divested of personal information before they are used in reports intended for the management team or commercial partners.
Cookies are very small files that are deposited onto your hard drive from certain pages of the evolio.ca and Performance Motors websites. They are harmless, as they cannot extract data from your hard drive. They are used solely to personalize your future use of the evolio.ca and Performance Motors websites and do not put your personal information at EVOLIO's or Performance Motors's disposal. You can delete them at any time by modifying the settings on your computer. However, the evolio.ca and Performance Motors websites require them to function properly.
Information regarding your credit card remains confidential and is entered on a secure and protected website. The retailer used security measures and has instituted controls to protect the integrity and confidentiality of information related to payments and of any personal information exchanged on the website.
As a consumer utilizing an e-commerce platform, you are protected by the same laws that apply to any consumer. We do everything in our power to ensure the product purchased online corresponds to your stated requirements, and the price displayed is accurate and includes all fees and charges. If any problem arises, rest assured it will be addressed without delay and in an efficient manner.
You undertake to indemnify EVOLIO, Performance Motors, their subsidiaries and their affiliated companies against all liability, fees, expenses and reasonable lawyer fees related to the violation of the terms herein by yourself or the users of your account, to the use of the evolio.ca and Performance Motors websites or the publication or forwarding of information or materials on the evolio.ca and Performance Motors websites by yourself or by the users of your account.
The evolio.ca and Performance Motors websites are based in Canada.
The terms herein, including all documents that they refer to, constitute the full agreement between EVOLIO and yourself as to the purpose of these terms. The fact that EVOLIO and the retailer do not ask for nor obtain the strict fulfillment of a condition of the terms herein cannot be interpreted as the relinquishment on their part of this condition or other right. The fact that one of the conditions of the terms herein is declared void, invalid or not enforceable by law by a competent court of jurisdiction in no way affects the other terms of this legal disclaimer. This legal disclaimer is governed by the laws of the province of Québec and by the federal laws of Canada enforceable in this province, and it must be interpreted in light of these laws.
The retailer’s website is designed and hosted by EVOLIO. EVOLIO is a subsidiary of Corporation Xprima.com inc.