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General Information
Thank you for visiting the Canadian Powersports Group "CPG" and our Web Site "The Site". This agreement "Terms of Use" sets out the terms and conditions that govern your use of the CPG and the site. By using the site, you agree to comply with all of the terms and conditions which are set out as follows. The Member shall be responsible for the safe keeping, protection and confidentiality of your password and or login information at all times. Please review the CPG Privacy Policy for details on our collection and use of personal information and collection / storage of data.
CPG reserves the right to alter, update, change or amend the terms of use from time to time as may be deemed necessary, this includes our Privacy Policy which forms a part of this agreement. All such changes, updates, alterations or amendments will be deemed effective upon posting by CPG unless otherwise indicated, CPG is not responsible or obligated to inform current and or existing members or users of these changes and as such we encourage all members and users to regularly check for updates and amendments to the agreements. As such we will post changes and update the terms of use as efficiently and effectively as possible. All subsequent members and or users that continue use of the site upon the terms of use being updated shall constitute your agreement and acceptance of the amended terms of use. CPG may alter, change, update, suspend and or discontinue the site, or any portion of the site, at any time without notice and or cause.
CPG may refuse service, cancel service, terminate and or suspend memberships and or cancel requests and or orders at the sole discretion of the CPG, this includes but is not limited to member and or customer conduct that violates applicable laws or is deemed by the CPG to cause harm to the reputation, image, business or to the CPG in general, it's affiliates, members, licensees and or advertisers.
Further information can be found under other headings of the site, please review these areas as they may contain additional information that may pertain to your use and or membership in the CPG.
Membership "Your CPG Account"
In order to protect all CPG members and the information provided from them upon signing up, the CPG assigns each one of our members with a combination of a unique user name and password that the member selects. The CPG membership information that is provided in these unique identification items are forwarded directly to the new member through an e-mail immediately upon the new member joining the CPG for verification purposes. The CPG provides access to members only account areas were only CPG members are provided access in order to provide them the ability to modify their personal information, update and or modify their profile, account preferences and or account settings as they deem necessary from time to time. All members agree that all communications that the CPG may provide to its members including via electronic means and through email and or the site satisfy all requirements that our communications to the members be in writing.
You, as a CPG Member are responsible for the confidentiality of your account information, user information and password and as such you accept full and outright responsibility for any and all activities that occur and or are posted under the use of your account and or log in information. You agree to notify us immediately of any unauthorized use of your account or password, security issue or other breaches that may involve your CPG account, login information including password and or username.
You need to open the right membership type for your praticular type of activity that you wish to represent on the site Riders, Clubs, Dealers, Suppliers or Power Partners. Riders / Owners / Enthusiasts with no business offerings using the site only for personal use are to set up as Riders. All non personal type business members must open an account as one of the following depending on their individual situation; Clubs / Associations / magazines and publishers are to sign up as Clubs and Associations and are to use the site to promote their repective interests but may not provide for business offerings as a supplier, dealer or power partner. Business's that wish to promote themselves must sign up as a Dealer or Supplier. Anyone using the site for business purposes must be representing themselves properly with the proper membership, representing your business on the site in a profile in any manner as a Rider or a Club / Association will be grounds for immediate removal from the site. We will provide notice via email of any violation and the member will be allowed to remain as a Rider only, failure to comply after we have notified a member will result in the immediate removal and closing of the members profile page and any information contained on the members profile.
Please review the CPG Privacy Policy for additional information regarding our member account information.
Postings and Materials
The CPG and their members post and provide all content and material available through the site for information and reference purposes only, all material, advertising, content and services available through the site are intended for the personal use of the members. Any information found on the site should be deemed as the opinions of the writers, members, posters etc and dealt with in a manner that allows you to independently confirm any and all facts that may be deemed to be important to your decision or to your investigation of a product, dealer, member or other material that may be applicable. Relying on the information that you may review or services that you may utilize through the site, you agree that doing so is solely at your own risk. You hereby assume all risks associated with the use and or downloading of any materials provided through or by the CPG and the site.
Certain articles / information may be taken from various sources and displayed for information purposes only. The CPG makes an effort to place proper credit for all external material placed on our site by posting the link to the place we originally researched the information from and also placing a tag as to who should receive credit for the material. If for some reason you feel that we have not posted something properly, have not provided proper credit or your feel the material should not be posted on our site please see our copyright section for instrcutions on how to contact us in order to have the item properly dealt with. We take these requests very seriously and will respond in a timely manner.
The CPG and the site does not and will not review every member posting made throughout the site including but not limited to items and materials on the members profile pages, forums, pictures, classifieds, trip planners and journals and other areas available for member postings. CPG membership provides access to and the ability to post and read items of interest that may potentially never be edited by a CPG staffer so you can expect real reviews, real comments and real content that comes from your fellow members and enthusiasts. The CPG and the site encourage the posting of material, information, opinions and other relevant items from the membership and there for we cannot and do not endorse, guarantee, audit or edit the postings, regardless of where or who the posting originated from this includes all members and even our own CPG staffers.
Members are provided an opportunity to post, submit, revise and comment on information, techniques, concepts, know-how, suggestions, data, ideas, opinions and beliefs, collectively "posts", to the CPG through the use of the site, whether by direct email to the CPG or through direct upload, posting sharing via the site and their login. Well CPG and the site do not claim to have ownership to material contained in the posts of its members, the members through the submission of the materials and or communications to CPG and or any public and or member area of the site, hereby grant CPG, the site, CPG affiliates and or licensees the irrevocable, non-exclusive right and license to use, royalty-free while also providing the right to reproduce, publicly display, publicly perform , modify, aggregate, translate, adapt, and distribute such materials, in whole or in part in any form of technology, reprinting or reproduction and by means of worldwide distribution and or use. Members also permit and hereby give permission to all other members of CPG and the site access to and the ability to view, reproduce and save material for the member's sole personal use. By posting or disclosing such information, you hereby waive any claim that CPG and or the site and its affiliates and or licenses mishandled, misused or misdirected any such materials.
CPG and the site provide services throughout the site which allow and are designed to encourage the members to interact with other members via forums, emails, blogging, communications, tools, forums, classifieds and other member submitted materials or advertising and through other such member areas and communications. CPG and the site assume no responsibility for the views and opinions expressed or posted by their members or the public in general. CPG and the site was designed to encourage an open and opinionated exchange, posting and display of information, materials and ideas, at the same time we wish all to share and enjoy in these posts. Therefore CPG will not through our ordinary course of business, review private electronic posts, materials, and information or messages that were not directly addressed to and made for the viewing of CPG or the administrative staffers of the site. CPG does however reserve the right to review such materials and to use any these materials made available to us by your use and or membership in the site in order to comply with the any and all applicable laws, to all CPG to enforce our Terms of Use Agreement, or to protect the safety and rights of our members and or the visitors to our site this includes but is not limited to our members, our customers, the public or CPG and its affiliates or licensees. CPG reserves the right to review the content of the site, the members posts, including forums, pictures, trip planners and journals, classified advertisements, message boards, listings and all other information posted to the site in order to determine compliance with our terms of use, to satisfy any law, regulatory body inquiry, legally binding government request or request of a fellow member to investigate and potential make a determination for the removal or continuance of the material that has been reported to be of an offending nature. CPG and the site has the sole right and at their sole discretion to edit any material or other postings and may also decide not to post, move or delete part or all of a posting and or piece if material that may come to our attention that we deem to be unacceptable or inappropriate and or do not meet with the standards of our members, whether for legal reasons or otherwise at our sole discretion.
Though your use of the site and by means of your login and membership you agree not to post, submit or transmit any material through the site that violates or may violate and or infringe upon the rights of others in any manner and or that is unlawful, abusive, defamatory, threatening, invasive, against current privacy and or publicity rights, vulgar, profane, offensive, discriminating, misleading, or objectionable or that might coerce or encourage the conduct of others to act in a manner that may be criminal or against the CPG terms of use. Furthermore, that without CPG's express written consent makes a posting that contain or make advertising or any solicitation with respect to products or services on the site.
As a member you hereby represent and agree that you own or otherwise have a right and or necessary rights that allow you to provide and or post all the materials that you submit to the site at all times. Members shall be solely liable for all damages resulting from their infringement of any and all copyrights, proprietary or intellectual claims or rights regarding the material submitted by them to and or via the site. Furthermore you hereby agree to indemnify and hold harmless CPG and its affiliates and or licenses against any claims or cause of actions that seek damages related to such material which was posted in direct violation of CPG and the sites terms of use.
CPG reserves the right to deny access to any postings, member profiles or to anyone who violates the terms of use or who at the sole discretion of CPG and in our own judgment has or currently is impeding and or interfering or may interfere with other members of both CPG and the public to access, visit, login, post and or enjoy the site or that infringes on or attempts to infringe upon the rights of others.
Classified's
Buyers, sellers and users of the classified section should be prudent in the exchange of money, contracts and legal documents. The Canadian Powersports Group cannot guarantee the validity of any "businesses" or "individuals" that utilize the classifieds of our site for the purpose of selling their goods on our site. The Canadian Powersports Group does not offer any type of Payment Protection Service or any other type of buyer or seller protection. We encourage the use of escrow type services and to be certain to verify it is a reputable institution prior to transfering funds. The classifieds on the site are merely a way to connect buyers with sellers, it is the sole responsibility of the purchaser to do their proper due-diligence when investigating the sellers ability to provide the product offered for the price. We suggest checking the sellers profile page and asking for references prior to transfering funds. If we find that there is fraudulent activity on the site we may proceed with any or all of the following including but not limited to removal of the ad, cancellation of the membership in question and provide the information of the activity to authorities for further investigation and possible prosecution.
Refunds
Refunds on memberships will only be given if received in writing with a postmark no later than 7 days from the original date of purchase. If received with the proper postmark date CPG will refund the entire original cost of the membership less the first months pro-rated membership fee (membership yearly total paid, divided by 12 months x 1 month) plus a $5.00 administration fee. The first months charge and administration fee will be deducted from the original membership amount and then the remaining balance will be credited back to the original credit card or paid by cheque.
Refunds on Member Classified Ads, Job Postings and other paid for postings other than memberships and CPG products will not be refunded once the ad or posting has been placed on the site for the initial period that the ad or posting was placed. CPG will refund any amounts for ads or postings that would automatically renew if we receive in writing with a postmark no later than 7 days from the original date of purchase your request. CPG will refund the entire original cost of the ad and or positing less all pro-rated (charges for any part of a month that the Ad and or Posting was online) amounts and a $5.00 administration fee. The administration fee and pro-rated amounts will be deducted from the original amount paid and then the remaining balance will be credited back to the original credit card.
CPG is not responsible for any postings and or classified ad information or material. If you think you have placed an ad or posting in error or that it contains errors in, please email support@canadianpowersportsgroup.com and include your corrected ad or posting information along with your name, member ID and return email address. CPG will correct the ad and or posting at no charge to you with the information you have supplied in the email.
For refund requests, we require a copy of your original Invoice outlining, in detail, your request and reasons for the refund to:
Canadian Powersports Group
P.O. Box 221
204 - 1440 52nd St Ne
Calgary, Ab T1X-1H9
Spamming
The use of the site by anyone for the purpose of spamming is strictly prohibited. By using the site, members agree not to use information regarding members, visitors or other users of the site, any items members have listed or searched for, this includes but is not limited to profile and classified information, user names, e-mail addresses, telephone numbers and or other information of a personal or non personal nature, for any purposes other than it was intended within the site and by CPG.
Jurisdiction
CPG's terms of use is governed by the laws in the Province of Alberta, Canada and as such have exclusive jurisdiction, rights and recourse through the applicable courts available in Calgary, Alberta, Canada for all disputes arising from, directed at or relating to the use of the site and or CPG. The use of the site is hereby unauthorized in any jurisdiction that does not provide for all provisions of the terms of use and conditions to apply unconditionally and in their entirety.
Termination / Suspension of Membership and Access
CPG at our sole discretion and without prior notice to the members may terminate and or suspend access to the site or to areas of the site. This may include material or services offered throughout the site, it may also include any unexpected technical issues or problems that may arise from time to time. CPG reserves the right to deny, suspend or modify access to the site at our discretion. Any and all rights not expressly granted herein are exclusively reserved to CPG. You agree that CPG, their affiliates and or licensees shall be released from any liability and shall not be held liable to you for termination, suspension, modification, alteration or problems related to your access and or membership to and with the site as a result of any violation of these Terms of Use.
Links and Referring Portals
CPG and the site provide links and or direct reference to third party sites that CPG does not operate and or endorse. These links and references allow you to leave the site through the potential opening of an additional browser and or window that allows you to be connected to the linked or referred to site. CPG and or the site has no affiliation to or with the linked site other then as a referring portal, access to any of these linked sites or referring portals through CPG and or the site is at your own risk. CPG and the site recommend's that all members consult the terms of use and Privacy Policy of the linked sites and or referring portals at all times prior to their use. You hereby release CPG and its affiliates and or licensees from any and all liability that may arise from your use of linked sites including for the purposes of making purchases or for the use of materials, products or services through such linked sites and or referring portals.
Product Information and Warranties
These terms of use apply solely to CPG, the site and any products offered for sale directly by CPG and the site it does not apply to any products or services offered or posted by or through any of our advertisers and or members. Members may be able to purchase certain CPG products directly from us on the site and as such will be expressly labelled and or represented as a CPG product. With respect to CPG products, CPG makes no express warranties whatsoever other then that offered by and through original manufacturer. CPG will pass along any and all warranties provided by the manufacturer. Warranty terms, generally, are included in the materials accompanying the product and CPG will do everything in its power to ensure manufacturer warranties are properly represented to its members.
Unless expressly stated in the warranty section, CPG makes no representations or warranties of any kind whether express or implied with respect to any and all products on the site including those of CPG and the classified sections posted by members. CPG and the site shall in no event be liable, whether in contract or under any other legal coarse of action, for loss of use, economic loss or for any and all damages arising out of or in connection with any products this includes any and all third-party claims against members relating to any products. In no event will our liability, if deemed or agreed to exist by CPG, exceed the purchase price that you paid to us for it.
Information security, collection and use
All personal information collected and or provided by you in any form to and for the use on the site is governed by the site's Privacy Policy, for a detailed and complete description of our protection and collection of your personal information and other data, please read the site's Privacy Policy which are incorporated and form part of the terms of use.
Limitation of Liability
You understand and acknowledge that there may be certain delays, interruptions, inaccuracies or issues with certain material, products, and or services on the site. Material, information and services provided on the Site are placed on the site on an "as is, where is" basis. CPG its affiliates, licensees and agents do not warrant an uninterrupted, error and or trouble free site and further do not warrant the materials contained on or in the site for it's reliability, completeness and or accuracy.
You hereby agree that the extent of liability to CPG, it's affiliates, licensees and agents which may arise from any and all claims related to the site shall not exceed the total amount paid, if any, for the use and or membership of site and or total amount of any products and or services purchased from which any such liability allegedly occurs.
We have a reasonable procedure in place to prevent any unauthorized access and to correctly and safely use and store the information we collect online in a manner that we believe to be reasonable. All reasonable efforts are made to ensure the protection of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of data over or on the internet or on our site.
Copyrights
CPG has adopted a policy that allows and provides for any potentially copyrighted materials that are identifiable and confirmed by the copyright holder and by CPG to be removed from the site. Under the rights of the holder of the copyright you believe that your copyrighted material and or work has been reproduced, represented and or copied in a way that may infringe on your rights as the right full owner. We will investigate all claims, if your claim is substantiated and proven correct CPG will remove the material in question and notify you of the removal, please forward the following information to start the investigation;
A signed document on behalf of the owner of the copyrighted materials which outlines the belief that infringement has occurred, identifying all copyrighted work which is claimed to have been infringed, along with a complete sample of the original work and or if multiple infringements are being reported then a documented and representative list of all such works in question. Ensure that you have provided each piece of works location and or locations either electronically and or in print form that show the work in questions and or examples which allow us to locate all such materials. Along with the above information we also require proper return contact information to permit a formal reply containing name of rights holder and agent if available, address, telephone number and email address.
CPG reserves the right to inform it's members by way of forums, email or the site in general of any formal requests for removal of copyrighted materials that are sent to the site.
For inquiries, including notification of claims of potential copyright infringement, please contact:
Canadian Powersports Group
P.O. Box 221
204 - 1440 52nd St Ne
Calgary, Ab T1X-1H9
or email support@canadianpowersportsgroup.com
The site and all material displayed used to produce and project the site, including but not limited to all images, text, programs, procedures, code and other materials, as well as all copyrights, trademarks and other intellectual property rights therein or thereto, are owned by CPG and or it�s affiliates or licensees, and are as such protected by worldwide copyright, trademark and other applicable laws. CPG provides for the limited right for you to access and or download content from the site for personal use. Without the express written authorized of CPG you may not modify, reproduce or use the site or any individual elements or materials. All rights not expressly granted to you by CPG in these terms of use are reserved for CPG; you acknowledge that you shall not acquire any rights through the downloading of copyrighted material from the site.
Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, material and or code are strictly prohibited without the prior express written permission of CPG, this includes but is not limited to the display of the site, CPG logos, materials and content or other proprietary information contained in the site.
Violations
CPG may disclose any personal information that we may have collected, including your actual name and contact information if it is determined that such disclosure is necessary under court order, investigation or complaint regarding your use of the site, or in order to identify, contact or to bring action against you or someone else who might be or may have caused damage against our rights or property, or the rights or property of members and or visitors to the site. We reserve the right to disclose any information that is deemed by our legal department to be necessary in order to comply with an applicable law, regulation, subpoena or government request.
You agree that CPG may store and or archive any and all data and communications by you through the site and may also disclose any such data and communications if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to comply with a court order and or subpoena, enforce the terms of use, respond to claims or in order to protect the rights of CPG its employees, agents, affiliates and or members of the site. Without limiting any of the above terms of use, you agree that CPG, without prior notice and in our own determination may terminate your membership and access to the site if it is determined that you have violated any of these terms of use or other CPG agreements with regards to your use of the site.
Additional Inquires and Questions
Any questions that were not fully addressed in the above terms of use policy may be addressed to;
Canadian Powersports Group
P.O. Box 221
204 - 1440 52nd St Ne
Calgary, Ab T1X-1H9
or email support@canadianpowersportsgroup.com.
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