Mercedes-Benz Financial Canada


Mercedes-Benz Financial Canada
TERMS AND CONDITIONS OF USE FOR THE MBFINANCIAL.CA WEB SITE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

Mercedes-Benz Financial, a business unit of DCFS Canada Corp. ("Mercedes-Benz Financial","we","our","us") provides the MBFinancial.ca Web site domain name and all materials located at and under that domain name (collectively, this "Site") and any of our services available on this Site (which collectively with this Site are referred to as the "Services") to you as the user of this Site, subject to each and every of the following terms and conditions (collectively, this "Agreement"). BY ACCESSING, VIEWING, USING OR IN ANY WAY MANIPULATING THE INFORMATION OR SERVICES PROVIDED AT OR UNDER THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, DO NOT USE THIS SITE AND DO NOT TAKE ADVANTAGE OF ANY OF THE SERVICES.

1. General
All products and services of Mercedes-Benz Financial and its affiliates are subject to the terms and conditions of the applicable agreements governing their use.

This Agreement is to be read by you together with any terms, conditions or disclaimers provided in the pages of this Site. In the event of a conflict, the terms, conditions or disclaimers in the pages of this Site will govern.

Mercedes-Benz Financial products and services are available in Canada only.

All financial services described on this Site are only available through authorized dealers of Mercedes-Benz Canada Inc. (the "Dealers"). The Dealers are under no obligation to sell any vehicle, product or service at the prices posted on this Site and Mercedes-Benz Financial and its affiliates are not responsible for the prices set by Dealers.

Mercedes-Benz Financial reserves the right to change this Site and the Services and the information, material and content contained in this Site at any time without notice to you. Changes may be made to this Agreement at any time. You agree to review this Agreement regularly and your continued access or use of this Site constitutes your agreement to any changes.

The information contained on this Site is provided solely for general informational purposes and is not intended to be a solicitation or an offer to sell in connection with any product or service, nor is the information a complete description of all terms, conditions and exclusions applicable to the products and services described.

2. Limited Use
Subject to the terms and conditions set forth in this Agreement, Mercedes-Benz Financial grants you a non-exclusive, revocable, non-transferable, limited right to access, use and display this Site and the Services. You are authorized to view and utilize this Site and the Services only for your personal, non-commercial use. You may download and use a reasonable number of copies of the content of this Site provided that you keep, on all copies or displays of this Site and the Services, all copyright and other proprietary notices contained in this Site or Services. You may not frame or utilize framing techniques to enclose any trademarks or other copyrighted material without Mercedes-Benz Financial's express written consent. You may not use any meta tags or any other hidden text utilizing the trademarks and other copyrighted material without Mercedes-Benz Financial's express written permission. You agree to abide by any other term or condition contained on or added to this Site or Services, as may be supplemented from time to time.

Mercedes-Benz Financial has established this Site and the Services to provide information to users regarding products offered by Mercedes-Benz Financial and its affiliates. As a term and condition of use of this Site and the Services, you agree that you will not use this Site or the Services to: (i) misappropriate the intellectual property rights of Mercedes-Benz Financial or its affiliates; (ii) attempt to deface, modify or manipulate this Site or employ any tactic to defeat or evade any security feature employed on this Site; (iii) misappropriate the identity of, or obtain any personal information about any other user of this Site or Services, or any customer, vendor, dealer or employee of Mercedes-Benz Financial; and (iv) modify, erase or damage any information contained on this Site or any computer hardware or information storage device owned or used by Mercedes-Benz Financial. As an additional term and condition of use of this Site and Services, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of this Site or Services through reverse engineering.

Any failure by Mercedes-Benz Financial to act in response to a breach by you or any other party of these terms shall not be deemed a waiver of Mercedes-Benz Financial's right to act with respect to subsequent or similar breaches.

3. Copyrights and Trademarks
Copyright 2007 DCFS Canada Corp. All Rights Reserved. The text, images, graphics, sound files, animation files, video files, button icons, digital downloads, data compilations and their arrangement on Mercedes-Benz Financial Web sites are all subject to Canadian and international copyright laws and other intellectual property protection, and are the property of Mercedes-Benz Financial or its affiliates. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Some Mercedes-Benz Financial Web sites also contain images that are subject to the copyright rights of their affiliates and providers.

Unless otherwise indicated, all marks displayed on DCFS Canada Corp. Web sites are subject to the trademark rights of DCFS Canada Corp., DaimlerChrysler Financial Services Americas LLC, DCFS USA LLC, DaimlerChrysler AG and their affiliates, including each of DaimlerChrysler's primary brands (Mercedes-Benz, Maybach, smart, Sterling, Freightliner), its model nameplates and its corporate logos and emblems.

4. Linking to Other Sites
A. Links from MBFinancial.ca
This Site may provide links to access other Web sites; these sites are not maintained or controlled by Mercedes-Benz Financial. Additionally, this Site may provide access to Web sites of other entities affiliated with Mercedes-Benz Financial. Mercedes-Benz Financial is not responsible for the content of those sites. In addition to the terms and conditions of this Agreement, your use of any Web site not under the domain name MBFinancial.ca will be subject to the terms and conditions posted on that Web site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs, etc. Mercedes-Benz Financial makes no warranty or representation regarding, nor endorses, any linked Web sites or the information appearing thereon or any of the products or services described thereon.

B. Links to MBFinancial.ca
All links to this Site must be approved in writing by Mercedes-Benz Financial, except that Mercedes-Benz Financial consents to links in which: (i) the link is a text-only link containing only the name "Mercedes-Benz Financial"; (ii) the link "points" only to www.MBFinancial.ca and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked Web site; and (iv) the appearance, position and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Mercedes-Benz Financial or its affiliates nor be such as to damage or dilute the goodwill associated with the trade names, brand identities and trademarks of Mercedes-Benz Financial or its affiliates. Mercedes-Benz Financial reserves the right to revoke this consent to link at any time in its sole discretion.

5. E-Mail
Unprotected communication by e-mail over the Internet is not confidential and may be intercepted or lost or possibly altered. You agree that Mercedes-Benz Financial shall have no liability to you or to any one else in connection with an e-mail sent by you to Mercedes-Benz Financial or an e-mail sent by Mercedes-Benz Financial to you at your request.

Subject to our commitment to handle personal information pursuant to our  Privacy Policy, any communication or material you post or transmit to Mercedes-Benz Financial over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to this site, you agree that Mercedes-Benz Financial or any of its affiliates may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast and posting. Furthermore, do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or violate any law.

6. No Warranties to Accuracy of Information
All information contained in this Site and the Services is intended for the Canadian market only. The accuracy of this information cannot be guaranteed, particularly since this information is subject to change. All product illustrations and specifications are based upon current information at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed. Mercedes-Benz Financial and its affiliates reserve the right to make changes at any time, without notice or obligation, in the information contained on this Site and the Services, including and without limitation to prices, financing terms, incentive programs, specifications, equipment, colours, materials and to change or discontinue models or financing programs. All prices are based upon Manufacturer's Suggested Retail Prices (MSRP) in Canadian dollars (unless otherwise indicated) and exclude taxes, registration fees, fees for the registration of personal property security rights, licensing and insurance costs, options and destination charges, unless specifically included. Unless otherwise noted, all financing terms are in Canadian dollars and may exclude dealer charges and other fees. Dealers are independent and are free to set their own prices and financing terms; not all Dealers participate in stated financing terms. Please see your Dealer for the latest information on ordering vehicles and financing. You should not rely on or use any of the information in this Site, including such items as prices, taxes and finance rates, as a substitute for the information that is available to you from a Dealer.

The information provided on this Site or through the Services is provided "as is," "as available," and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. The information is provided for informational purposes only and is not intended to provide specific financial, investment, tax, legal, accounting or other advice and you should not rely upon it as such. While the information provided is believed to be accurate, it may include errors or inaccuracies. The manufacturers of the products provide all product descriptions and illustrations of dealer service equipment. Accordingly, by using this information, you agree that Mercedes-Benz Financial and its affiliates (including their subsidiaries, agents, officers, directors, employees and insurers) are not liable for damages of any kind, including (but not limited to) consequential or special damages resulting from your use or access.

Your access and use of this Site and any of the Services is at your sole risk.

7. No Liability for Use of Site or Services and Waiver of Damages
Mercedes-Benz Financial makes no warranty or representation that: (i) this Site or any Service will be available or operate in an uninterrupted or error-free manner; (ii) errors or defects will be corrected; (iii) there will be no delays or loss of transmitted information; (iv) that no virus or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system; or (v) information available on or through this Site is appropriate, accurate or available for use in any particular jurisdiction.

In no event shall Mercedes-Benz Financial or any of its affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials and functions of this Site, Services or any linked Web site, even if Mercedes-Benz Financial is expressly advised of the possibility of such damages. To the extent the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of Mercedes-Benz Financial, for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to this Site, the Services, any linked Web site or this Agreement, shall be limited to your direct damages actually incurred up to $250.

You are solely responsible for to ensure adequate protection and backup of data and equipment and to take all precautions against viruses or other destructive properties.

8. International Users and Choice of Law
This Site is controlled, operated and administered by Mercedes-Benz Financial from its offices within Canada. Mercedes-Benz Financial makes no representation that materials at this Site are appropriate or available for use at other locations outside of Canada. Access to this Site and Services from jurisdictions where it is illegal to do so is prohibited. You may not use this Site or Services in violation of Canadian export laws and regulations. If you access this Site from a location outside of Canada, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the Province of Ontario, without giving effect to its conflict of laws provisions. The United Convention on Contracts for the International Sale of Goods does not apply to this Agreement or any communication with or transaction through this Site.

9. Indemnity
You agree to indemnify and hold Mercedes-Benz Financial and its affiliates harmless, and, at Mercedes-Benz Financial's request, to defend Mercedes-Benz Financial and its affiliates from and against any claim, demand, cause of action, debt, loss or liability, including reasonable legal fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) this Site or Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using this Site or Services. This indemnity shall be in addition to and not limited by any other indemnity.

10. Forward Looking Statements
This Site may contain forward looking statements about the Services, business or operations of Mercedes-Benz Financial. These statements are subject to risk and uncertainties and actual results, Services, prices or operations may differ. You should not place undue reliance on forward looking statements.

11. General
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties´ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. The parties confirm that it is their express wish that this Agreement and all related documents be written in English. Il est de la volonté expresse des parties que le présent contrat et tous les documents qui s’y rattachent soient rédigés en anglais.