Terms of Service

Automobl Inc. Online Terms of Service

Last Updated: May 9, 2019

The Automobl™ website is owned and operated by Automobl Inc. (“our“, “we“, “us”,Automobl”). Before using the website located at www.automobl.com (the “Automobl website” or the “website”), please carefully review these Terms of Service (the “Terms” or “Terms of Service”).

The Automobl website provides information, not advice, based on Automobl’s research and experience, and should be used in combination with other available information, resources, common sense, and your own discretion. Keep in mind that the Automobl Value of Features may not be appropriate for you and your preferences. We make no representations, guarantees or warranties in relation to any of the information provided. Automobl is independent, and not affiliated with or endorsed by vehicle manufacturers.

By using or accessing the Services (as defined below) you signify your agreement to be legally bound by our Privacy Policy and our Terms of Service. If you do not agree to our Privacy Policy or the Terms of Service, you should not access or otherwise use the Website.

We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms of Service at any time. We may update the Terms of Service from time to time so we encourage you to periodically review the Automobl website for the latest version. If you object to any changes we make, you should stop using the Services, otherwise you consent to these changes by continuing to use the Services.

Table of Contents

1. General Terms for All Users
2. Modification, Suspension, Limitation, and Discontinuation of the Services
3. Term and Termination
4. Registered Accounts
5. Payment
6. Data Transmission and Security
7. Telecommunications Networks
8. Ownership of Content & Intellectual Property
9. Languages and Local Rules
10. Your Representations and Warranties
11. Disclaimers
12. Limitation of Liability
13. Indemnification
14. Injunctive Relief
15. Disputes
16. Governing Law
17. General

1. General Terms for All Users

The Automobl website enables access to the Automobl Value Comparison tool and information (together with the Automobl website, the “Services“).

All users of the Services must be the legal age of majority and be human persons.  Automobl does not permit the registration of accounts by “bots” or other automated methods.

Trial Period
Each user may try the Service by conducting a maximum of five (5) complimentary Automobl Value Comparison searches (the “Trial Period”).  Any attempt to exceed the Trial Period is prohibited.

If you wish to continue to use the Services after your Trial Period has ended, you must register an Individual Account as defined herein, purchase a subscription to the Service and agree to the associated requirements. Please see Section 4 for more details on registered accounts and Section 5 for payment information.

Scope of Authorization
Automobl grants you a limited, non-transferable, non-exclusive, revocable authorization to access and use the Services. For greater certainty, Automobl does not grant you or any other party any right, title or interest in the Services. Automobl reserves all rights not expressly granted to you under these Terms of Service.

General Requirements
Except as expressly authorized under these Terms, you agree not to:

  1. distribute or make the Services available to third parties, including over a network where it could be used by multiple devices at the same time;
  2. rent, lease, lend, sell, redistribute or sublicense the Services;
  3. copy, collect, store, reorganize, manipulate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works from the Services (including any content or data available therefrom, such as Third Party Materials or Proprietary Content, each as defined below), any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law, or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Automobl website), including by ‘scraping’ or ‘framing’; or
  4. modify, adapt or hack the Services or modify any website so as to falsely imply that it is associated with Automobl, the Automobl website, the Services, or any other Automobl service.
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2. Modification, Suspension, Limitation, and Discontinuation of the Services

Modification, Suspension or Discontinuation
We reserve the right to make changes to, or withdraw, the Services, at any time and for any reason (or for no reason) at our sole discretion. In addition to the limitations associated with the Trial Period, Automobl may impose limits on the use of or access to the Services without notice or liability to you. You hereby acknowledge and agree that in no event will Automobl be liable for changes to the Automobl website or any Services, including without limitation the removal of or disabling of all or any part thereof. Automobl does not warrant or represent that it will continue to update the Automobl website or ensure that it is relevant to you and/or works with your device.

Usage Limitation
Without limiting the generality of the foregoing, you hereby acknowledge and agree that we may impose specific limitations on your access to and use of the Services without notice or liability to you. A small number of users may be responsible for generating large volumes of traffic on our network, which may impact our provision of the Services to other users. If your bandwidth usage (also known as data transfer) exceeds a reasonable level in a single calendar day (to be determined by Automobl at its sole discretion), we reserve the right to immediately disable your account or throttle your use until you reduce your bandwidth consumption.
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3. Term and Termination

These Terms will become effective upon your acceptance of these Terms, as described above. You may cease using the Service at any time. If you have an account, you may cancel your account at any time, in which case, you will have access to the Automobl Services unless/until the end of the then current monthly billing cycle, after which you will no longer have access to the Services. See Section 5 below for more details.

You acknowledge and agree that access to the Services may not be available from time to time, and may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice to you. Automobl shall not, in any event, be responsible to you in any way should you be unable to access the Services at any time or for any reason.

Automobl may, in its sole discretion at any time without notice, suspend or terminate your account or your right to use the Services. Upon termination of your account, you shall no longer have the right to use or access the Services on or through the Automobl website. A suspension will be for such period of time as Automobl may reasonably determine is necessary to permit an investigation of the activity that resulted in the suspension.
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4. Registered Accounts

Types of Accounts
In order to register for a subscription, you must create an account on the Automobl website, which includes inputting certain personal and financial information.

Individual Accounts
For accounts registered by individuals (“Individual Accounts”), your login may be used by only one person – a single login shared by multiple people is not permitted. Your use of the Services must be for personal, non-commercial purposes only, and you must agree to the payment terms set out in Section 5 for Individual Accounts.

Account Security
It is your responsibility to keep your access and registration information secure. For Individual Accounts, you must not share your account with any other person.

Registration Data
You agree to provide accurate, current and complete information about you as prompted by the registration form (“Registration Data”), including without limitation your name, email address, user name, and password.

You further agree to maintain and promptly update the Registration Data to keep it accurate, current and complete. You acknowledge and agree that if you provide information that is intentionally inaccurate, not current or incomplete in a material way, or Automobl has any grounds to believe that such information is misleading, untrue, inaccurate, not current or incomplete in a material way, Automobl may suspend or terminate your account.

Notices
Except as otherwise provided herein, you further agree that Automobl may provide any and all product notices, statements, and other communications to you either via the e-mail address you have provided as part of the Registration Data, or by posting on the Automobl website.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
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5. Payment

Payment Processor
We have engaged a third-party payment processor, Stripe Inc., to process and manage your payment of Fees (the “Payment Processor”). We reserve the right to change the Payment Processor in our sole discretion without further notice to you. You should review the Payment Processor’s privacy policy and terms of use (“Payment Processor Terms”). Automobl is not a party to the Payment Processor Terms and is not liable or responsible to you for anything contained therein. Please be advised that online payment transactions may subject to validation checks by the Payment Processor and your card issuer, and we are not responsible if your card issuer declines to authorize your payment of any Fees for any reason. For your and our protection, our Payment Processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you hereby authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee, and neither we nor our Payment Processors are responsible for such fees.

Monthly Subscription
You may purchase a monthly paid subscription directly from the Automobl website by registering an account as described herein and paying the associated monthly subscription fee (the “Fee”). To purchase a subscription, you must provide us with a valid, current, accepted method of payment (a “payment method”). Please ensure your payment method is up to date at all times. You may update your payment method in your account dashboard.

The Fee will be charged to your payment method on the specific date that you signed up for a subscription (your “billing date”). The Fees must be paid in advance on a recurring monthly basis. By purchasing a subscription, you authorize Automobl to charge your payment method automatically each month for the next billing cycle, unless you cancel your subscription before your billing date.

If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Services or terminate your account until we have successfully charged a valid payment method. Your account may be reactivated upon your payment of the applicable Fees to our Payment Processor.

Cancellation
You may cancel your subscription at any time; however, to the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods. To cancel, go to your account dashboard and follow the instructions for cancellation. If you cancel your subscription, your account will automatically terminate at the end of your current billing cycle, at which point you shall lose access to the Services.

Changes to the Price and Subscription Plans
We may change our subscription plans and the price of our Services from time to time; however, any price changes or changes to the subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.

Currency
Unless otherwise indicated, all Fees and other charges are displayed in your local currency, and all payments shall be in your local currency.

Taxes
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You are responsible for all applicable Taxes that arise from or as a result of your subscription or payment of the Fees. These Taxes are based on the rates applicable to the billing address you provide to our Payment Processor. Such amounts are in addition to the Fees for such products and services and will be billed to the credit card you have provided to our Payment Provider. If you are exempt from payment of such Taxes, you must provide our Payment Provider with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date our Payment Provider receives evidence satisfactory to it of your exemption. We are not responsible if our Payment Provider deems the evidence that you provide to be unsatisfactory that a tax exemption applies. If you are not charged Taxes by our Payment Processor then you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction. If you change jurisdictions you must promptly update your location with our Payment Processor.

Receipts
You may request that our Payment Processor provide receipts for your payment of any Fees.
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6. Data Transmission and Security

Access to and use of the Services provided by Automobl via mobile networks may also involve the electronic transmission of your information, including the Registration Data and/or personal or financial information, across the networks of third party service providers. Because we do not operate or control these networks, we cannot guarantee the privacy or security of data sent over them. Check with your internet service provider for information about their privacy and security practices. We require that a “secure session” be established using transportation layer security, and Automobl will treat your data in accordance with the Automobl Privacy Statement. You hereby acknowledge and agree that the technical processing and transmission involved in the Services, including unencrypted transfers of your content such as the Registration Data, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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7. Telecommunications Networks

Internet Connection
Use of the Services require active Internet access, for which you may be required to accept additional terms of service with one or more third parties. You must also provide all equipment necessary to make (and maintain) such connection to the internet.  The cost of internet service is borne by you.  The connection can be Wi-Fi, or provided by your mobile network provider, but Automobl cannot take responsibility for the Automobl website not working at full functionality if you don’t have access to the Internet for any reason. Your internet service provider may charge for transmission or receipt of messages and other communications performed using your equipment on their network, and you hereby acknowledge and agree that you are solely responsible for such charges.

Third Party Network Services
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Automobl website. The availability of the Services is at all times subject to the availability of these third party service providers, for which Automobl has no control. You hereby acknowledge and agree that we will not be liable to you if circumstances beyond our control interrupt, prevent or otherwise affect the transmission, communication, post, transaction or otherwise interfere with the integrity thereof, including, without limitation, unavailability of internet service, communications, network delays, limitations on mobile coverage, system outages, or dropped or interrupted connections. Automobl disclaims any responsibility for any network or service used to access the Automobl website and the Services.
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8. Ownership of Content & Intellectual Property

User Content
The Services may allow you to submit certain feedback to Automobl, including comments and suggestions by email (collectively, “Feedback”).

You hereby grant Automobl and its directors, officers, employees, managers, service providers, agents, assigns, and affiliates (the “Automobl Parties”) a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform throughout the world, any Feedback that you provide. Automobl is and shall be under no obligation to (1) maintain any Feedback in confidence or treat it as confidential or proprietary; (2) pay any compensation for any Feedback; or (3) respond to any Feedback. You further agree that (a) you do not require that you be identified in connection with any Feedback, or any derivative works thereof, or upgrades or updates thereto; (b) you do not oppose to the publication, use, modification, deletion and exploitation of the Feedback by the Automobl Parties; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any Feedback; and (d) you release the Automobl Parties from any claims that you could otherwise assert against us by virtue of any moral rights.

You agree that your Feedback, and your submission of such Feedback to Automobl, will be truthful and shall not violate or infringe any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Automobl website (or any related website). You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide, including its accuracy, and Automobl takes no responsibility and assumes no liability for any Feedback provided by you or any third-party.

Automobl Content
All data, information, articles, categories, definitions, documents, reviews, and other materials available through the Sevices (the “Automobl Content”) is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Services and the Automobl Content are regularly updated, the Automobl Content may be inaccurate, out-of-date, or otherwise incorrect. Automobl assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Automobl Content.

Third Party Materials
The Automobl website and the Services may display, include or make available content, data, information, applications or materials from third parties, including any User Content (collectively “Third Party Materials“), or provide links to certain third party web sites containing Third Party Materials. Third Party Materials and links to other web sites are provided solely as a convenience to you. Automobl reserves the right to remove any Third Party Materials at any time without notice, for any reason at Automobl’s sole discretion.

No Liability for Third Party Materials– Automobl does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials do not necessarily reflect the views of Automobl, and may be deemed offensive, indecent, or objectionable or contain explicit language. You acknowledge and agree that the Automobl Parties are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The Automobl Parties shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that the Automobl Parties are not responsible for the actions, content, information, or data of any third parties, and you hereby release the Automobl Parties from any claims, damages, known and unknown, which may arise out of or in any way connected with any claim you may have against any third parties.

Proprietary Materials
The Services contain content, information, data and material (“Proprietary Content”) that is proprietary and protected by applicable intellectual property and other laws such as copyright. For greater certainty, Third Party Materials may include Proprietary Content. You agree not to use Proprietary Content except as strictly permitted by these Terms and for the use of the Services.

Trademarks
The AUTOMOBL™ and DRIVEN BY VALUE™ trademarks, as well as other design, trademarks, branding, logos and service marks (“Marks“) displayed on the Automobl website, and all content and information within it, and the Services provided by Automobl, are the property of Automobl, its trademark licensors and other third parties. Unless expressly stated otherwise, all Marks are the property of Automobl or their respective third party owners. Nothing in these Terms grants you any right, title or interest in any intellectual property of Automobl or its licensors, including without limitation the Marks and any Proprietary Content.  Without limiting the generality of the foregoing, you are prohibited from using any Marks for any purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Automobl or such third party which may own the Marks.
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9. Languages and Local Rules

The Automobl Content, the Services and the Third Party Materials are intended only for use by Canadian residents.

The Automobl Content, the Services and the Third Party Materials are not available in all languages or in all countries. Automobl makes no representation that such Services, Automobl Content and/or Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Automobl Content, Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
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10. Your Representations and Warranties

By accessing or using the Services, you represent and warrant that

  1. you have read and agree to the Privacy Policy and the terms set out herein;
  2. you are the legal age of majority in your Canadian province or territory of residence; and
  3. you have the legal right and capacity to agree to these Terms.

You acknowledge and agree that:

  1. you are solely responsible for your use of the Services, and any and all use of the Services will be at your sole and absolute risk. We are not responsible for any damages as result of your use of or reliance on the Automobl website or the Services;
  2. you will not use the Automobl website or the Services for any illegal or unauthorized purpose and you agree to comply with all applicable laws and regulations, including without limitation, privacy laws, intellectual property laws and anti-spam laws;
  3. you will not to use the Automobl website or the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
  4. you will not interfere with or disrupt the Automobl website or the Services, attempt to decompile, reverse engineer, disassemble or otherwise hack the Automobl website or the Services or any of their features, or collect any information about or regarding any other users of the Automobl website; or the Services and
  5. you will not otherwise attempt to derive the source code for the Automobl website or any related technology or any part thereof.
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11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTOMOBL CONTENT AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF AY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AUTOMOBL DOES NOT WARRANT OR REPRESENT THAT THE AUTOMOBL WEBSITE OR SERVICES WILL BE ACCURATE, CORRECT, CURRENT, OR UP-TO-DATE, OR MEET YOUR EXPECTATIONS OR NEEDS.

  1. your use of the Automobl website and the Services is at your own discretion and risk, and you are solely responsible for any damages resulting therefrom, including to any device and/or operating system, or resulting from information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful,
  2. the Automobl Parties expressly disclaim, all warranties, representations, guarantees, conditions and other contract terms, whether express or implied or statutory, to the maximum extent permitted by law, with respect to the Automobl Content and the Services, and no information or advice provided by any Automobl Parties or their authorized representatives shall create any such warranties, including without limitation the implied warranties or conditions or merchantable quality, satisfactory quality, merchantability, fitness for a particular purpose, accuracy, title, quiet enjoyment, and non-infringement;
  3. the Automobl Parties specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind based on or resulting from the Services; and
  4. without limiting the generality of any other section of these Terms, we do not warrant that (i) the Automobl website or the Services will meet your specific requirements, (ii) the Automobl website or the Services will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of Automobl website or the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Automobl website or the Services will meet your expectations, (v) any errors in the Automobl website or the Services will be corrected; and (vi) that the Automobl website or the Services, or your use thereof, will be lawful in any particular jurisdiction.

Pricing Disclaimer
Based on our team’s experience and research, Automobl has assigned what we believe are reasonable values to various vehicle features to help you compare pricing; however, our Services and these assigned values should not be the sole factor in your decision making process. Our Services are intended to help you come to a purchasing decision and should be used in combination with other available information, including your own discretion. You should rely on your own common sense when reviewing value propositions and price comparisons between different vehicles.  For example, you may value car features in a way that results in you determining that a feature has a personal value that is different from the value we assigned to that feature. Use the Automobl website and the Services with caution and at your own risk.

Glossary Disclaimer
We have compiled the descriptions in our Glossary to help you better understand the terms used on our site.  All of the information in the glossary is for informational and educational purposes only. Not all vehicles are equipped with the described features and you should always consult your owner’s manual for how any given feature will perform on a specific vehicle. Carefully inspect any vehicle and check its feature specifications before purchasing it.  Automobl is not responsible or liable for the presence or absence of any features on a vehicle, nor for how well any of the features found on a given vehicle actually perform.  We will make reasonable efforts to keep this glossary up to date; however, we are not responsible or liable for any consequences resulting from any errors or omissions. If you notice any missing or inaccurate information, please contact us.

Automobl Vehicle Categories
The Automobl™ Vehicle Categories are provided for convenience only. We’ve kept the categories broad because there are any number of vehicles that would could qualify to appear in multiple categories. This is not an exhaustive list of vehicles available on the market and you may see other sites categorizing these vehicles differently. These are Automobl Vehicle Categories created by our team to try to make it easier for you to narrow down the type of vehicle you may be interested in purchasing.

Availability of the Automobl website
WHILE WE ENDEAVOUR TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THE AUTOMOBL WEBSITE OR AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.  WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND THE OPERATION OF THE AUTOMOBL WEBSITE OR THE AVAILABILITY OF THE SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON. YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OF FEES FOR INTERRUPTION OF THE AUTOMOBL SITE OR THE AVAILABILITY OF THE SERVICES.
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12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AUTOMOBL PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENC), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE AUTOMOBL WEBSITE OR ANYTHING OBTAINED THROUGH THE AUTOMOBL WEBSITE ; (B) THE SERVICES; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE AUTOMOBL WEBSITE ; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE AUTOMOBL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE AUTOMOBL WEBSITE; (G) ANY USER CONTENT OR OTHER THIRD PARTY MATERIALS; OR (H) ANY DAMAGE TO ANY COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE AUTOMOBL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION). TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE AUTOMOBL PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCS FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT SHALL THE AUTOMOBL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTIONS EXCEED FIFTY CANADIAN DOLLARS ($50 CAD).
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13. Indemnification

You shall indemnify and hold the Automobl Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your misuse of the Automobl website, any breach or default of these Terms by you or any other user of any Services using your access ID or credentials (including if you have disclosed these to any unauthorized person or otherwise failed to keep these secure). Automobl shall be entitled to have full direction and control of the defense of such claim(s), and you shall fully cooperate with us. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
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14. Injunctive Relief

You hereby acknowledge and agree that in the event you incur any damages, losses or injuries that arise out of any acts or omissions of Automobl, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any use or exploitation of any app, website, service, property, product or other content owned or controlled by the Automobl Parties, including without limitation the Automobl website and the Services, and that you will have no rights to enjoin or retrain the development, production, distribution, advertisement, operation, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the Automobl Parties.
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15. Disputes
To the maximum extent permitted by applicable law, you agree to attempt to resolve any disputes with us in your individual capacity. If any disputes cannot be resolved informally, then Automobl and you agree to use a mutually agreed upon professional arbitrator and convene, either in person or by conference call, with the arbitrator for at least one session. The costs of any arbitrator, hearing rooms and other common costs will be divided equally among the parties. Each party will bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorney fees and costs of witnesses). Except where prohibited by law, you waive any right to commence or participate in any class action against us, and agree to resolve any and all disputes individually.
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16. Governing Law

These Terms and your use of the Automobl website and any Services are governed by, construed and enforced in accordance with the applicable laws of the Province of Ontario and the Federal Laws of Canada without regard to conflict of laws principles. If for any reason a matter is not arbitrated as provided in these Terms, then any cause of action brought to enforce these Terms, or in connection with any matters related to the Automobl website or the Services shall be brought only before the Ontario Superior Court of Justice, sitting in Toronto, Canada, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court. Your use of the Automobl website may also be subject to other local, national, or international laws.
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17. General

Assignment
Automobl may assign these Terms at any time without notice to you. Subject thereto, this Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, legal representatives, successors and, and in the case of the Automobl, its assigns. For greater certainty, you hereby acknowledge and agree that you may not assign these Terms without the express written consent of Automobl.

Severability
If any provision of these Terms is held to be unenforceable, then the parties agree to substitute for any invalid or unenforceable provision(s) a provision of similar intent and scope to the maximum extent permitted by law, with the other provisions remaining in full force and effect.

Entire Agreement
The terms set out herein, including the Privacy Policy, constitute the entire agreement between the parties concerning the Automobl website and the Services. Please read these Terms and the Privacy Policy carefully and do not use the Automobl website or Services if they include anything which you do not agree to.
No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

Need Assistance?
For help with the Automobl website or the Services, please contact us here
© 2019 Automobl Inc. All rights reserved.
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