Terms & Conditions
This Terms and Conditions Agreement ("Agreement") is a legal agreement between you and us (as defined in the section entitled “Legally Binding Agreement”, below), the owner and operator of the Adventure Protect protection products (“Adventure Protect”) and this website (the "Website"). It states the terms and conditions under which you may access and use the Website. By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. Note that this website is not intended to be used outside of North America.
This Agreement incorporates by reference our Adventure Protect Website Privacy Policy (“Privacy Policy”).
We may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
Intellectual Property Rights:
This Website and all materials displayed or otherwise accessible through this Website, including names, words, titles, phrases, logos, designs, graphics, icons, trade-marks articles and photographs (collectively, "Content") are owned by us or Yamaha Motor Co. Ltd. and/or our licensors. We and our licensors reserve all right, title and interest, including but not limited to all intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether registered or unregistered anywhere in the world) in the Website and its Contents.
Except as granted in the limited license herein, any use of the Website or Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without our express prior written consent.
The display of third party trade-marks on the Website should not be taken to imply any relationship or license between us and the owner of said trade-mark (other than a license to display such trade-mark) or to imply that we endorse the wares, services or business of the owner of the said trade-mark.
Limited Licence:
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website for your personal, noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
Restrictions on use:
The Website is for your personal and non-commercial use only. As a condition of your use of the Website, you agree:
- not to use the Website for any purpose that is unlawful under applicable law, or prohibited by this Agreement;
- not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or its Content except as permitted by us under this Agreement or as expressly provided under applicable law;
- not to use the Website to distribute viruses or malware or other similar harmful software code;
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
- that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.
We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of this Agreement or any applicable law.
Submitting Information to the Website:
The Site is not a secure means of communication and any non-personal information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal information you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Statement.
When you are not on our Website:
External Links:
The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink or reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party site. We encourage you to read the terms and conditions of each and every website you visit.
Third Party Social Media:
Our use of social media serves as an extension of our presence on the Internet. Social media account(s) are public and are not hosted on our servers. Users who choose to interact with us via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications used to access them.
Limitation of Liability:
Subject to applicable law, in no event shall we, or our partners, employees or agents be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Website or the Content, regardless of the cause and whether arising in contract, tort (including negligence), or otherwise. The foregoing limitation shall apply even if we knew of or ought to have known of the possibility of such damages.
Disclaimer of Warranties:
The website and the Content is provided "as is". While we endeavor to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that (i) the Website or Content will be accurate, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Website will be uninterrupted or error-free, (iii) that defects or errors in the Website or the Content will be corrected, (iv) that the Website will be free from viruses or harmful components, and (v) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website at your own risk and liability.
Content on the Website is provided for your general information purposes only, to inform you about Adventure Protect products and services and other information that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
Notwithstanding any other provision of this Agreement, we do not exclude or limit our liability for death or personal injury arising from our negligence or for any other statutory rights which are not capable of being excluded.
Security:
We use Secure Socket Layer (SSL) encrypted sessions to transfer information you enter into fill-in forms on the Website to our secure server. Keep in mind however that information sent or received over the Internet via email is generally not secure.
Governing Law and Jurisdiction:
By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Website.
Legally Binding Agreement:
This Agreement, together with the Privacy Policy and any other terms expressly referred to in this Agreement and incorporated by reference is the entire agreement between you and Yamaha Motor Finance Canada Ltd. (“we”, “us” and “our”) relating to your access and use of the Website and the Content herein. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right. Any consent by us to, or waiver of, a breach of this Agreement shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Effective date of this version: June 28, 2021
