Welcome to 'scionsessions.ca' (this 'Site') created, operated and maintained by Scion, a division of Toyota Canada Inc. ('Scion') on its own behalf and on behalf of Toyota Financial Services ('TFS'), Toyota Motor Manufacturing Canada Inc. ('TMMC'), Canadian Autoparts Toyota Inc. (CAPTIN) and certain other affiliated companies (collectively referred to as 'Affiliates'). You are invited to access, browse and use this Site on the following legal terms and conditions ('Legal Terms and Conditions').
By accessing, browsing or using this Site, you are agreeing to these Legal Terms and Conditions. This forms a legally binding agreement between you and Scion, Toyota, TFS, TMMC, CAPTIN or an Affiliate, as applicable. Accordingly, Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates encourage you to read the Legal Terms and Conditions, including the scion.ca privacy policy. If you do not agree with the Legal Terms and Conditions, do not use this Site. If at any time during your use of this Site you disagree with the Legal Terms and Conditions, kindly cease to use this Site. Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates suggest that you save or print a copy of these Legal Terms and Conditions for your records before using this Site.
1. Intellectual Property Rights Notices
Copyright © Scion, Toyota Canada Inc., Toyota Financial Services, Toyota Motor Manufacturing Canada Inc., Canadian Autoparts Toyota Inc. and the Affiliates All rights reserved. All content on this Site, including but not limited to, all software, text, data, sound, programming, visual images, graphics and the design of this Site and the selection, organization and arrangement of the foregoing (collectively, the 'Content'), are protected by copyright and other intellectual property laws and are either owned or used under license by Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate.
The trademarks, service marks, logos and other marks used on this Site by Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates (the 'Trademarks') are either owned or controlled by Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate. The list of scion.ca trademarks are incorporated by reference into and form part of these Legal Terms and Conditions. The Trademarks may not be used without the prior written permission of Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate and may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate. All other trademarks, service marks, logos and other marks which appear on this Site are the property of their respective owners.
You agree to comply with any requisite additional copyright notices, or restrictions contained in any of the Content.
2. Restrictions on Use
You may download and use a reasonable number of copies of the Content on any single computer for your own personal, non-commercial use only, provided that you: (a) keep all copyright and other proprietary notices intact, (b) do not modify the Content, and (c) do not use the Content to suggest an association with Scion, Toyota, TFS, TMMC, CAPTIN or an Affiliate or any of their respective products, services or brands. You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate expressly permit in these Legal Terms and Conditions. Your use of the Content for any purpose other than the one expressly permitted in these Legal Terms and Conditions (including your use of any of the Content on any other website or networked computer environment) is a violation of the intellectual property rights and other proprietary rights of Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate and may subject you to civil liability or criminal prosecution under applicable laws.
3. Canadian Content
The vehicles, products and services described on this Site contain uniquely Canadian specifications and equipment and are available only to Canadian residents in Canada and only where permitted by law. The pricing and other financial information on this Site is in Canadian dollars, unless Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate state otherwise, and Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate are permitted to change the pricing and other financial information at any time without notice to you. The promotional sales programs, employment opportunities and services described on this Site are only available in those provinces and territories of Canada that are specifically identified in the description of the promotional sales programs, employment opportunities and services.
4. Scion Dealers
The sale of any Scion vehicle, product or service is effected through an independent authorized Scion or Toyota automobile dealer (a 'Dealer') and is subject to, and governed exclusively by, the Legal Terms and Conditions of the applicable sale, lease or retail instalment contract entered into between you and the Dealer. The Dealers are not affiliates of Scion, Toyota, TFS, TMMC, CAPTIN or any Affiliate. Accordingly, any purchase you make is concluded exclusively between you and the Dealer you select from this Site, and no purchase is made with Scion, Toyota, TFS, TMMC, CAPTIN or any Affiliate. All financial services and promotional sales programs on this Site are only available through the Dealers, and in the case of regional sales programs which may not be described on this Site, through the Dealers in the region. The Dealer that you select from this Site reserves the right to determine whether you qualify for credit or any promotional sales program. The Dealers are under no obligation to sell any vehicle, product or service at the prices posted on this Site and Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates are not responsible for the prices set by any Dealer. Scion is permitted to change any vehicle specifications, promotional sales programs, employment opportunities, and other information available on this Site at any time without notice to you.
5. Disclaimers
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6. Limitation of Liability
To the maximum extent permitted by law, in no event shall Scion, Toyota, TFS, TMMC, CAPTIN, any Affiliates and the Dealers, and each of their respective directors, officers, agents, employees, representatives, licensors and those for whom Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates are in law responsible (collectively, the 'Scion Parties') be liable for any special, incidental, indirect, consequential, punitive or exemplary damages of any kind whatsoever (including, without limitation, damages for loss of revenue, loss of profits, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) arising out of the use of or inability to use this Site or any product or service described or provided on this Site, even if any of the Scion Parties have been advised of the possibility of such damages or could reasonably foresee such damages occurring.
In any event, the Scion Parties' total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), strict liability or otherwise, shall be limited to one hundred dollars ($100). In no event shall any Scion Party be liable for any damages of any kind arising from the use of any hyper-linked site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.
7. Indemnity
You hereby agree to indemnify, defend and hold harmless the Scion Parties from and against any and all claims, demands, actions, liabilities, losses, costs and expenses (including reasonable legal fees) in connection with: (i) any use or alleged use of this Site under your password by any other person, whether or not authorized by you, (ii) your breach of these Legal Terms and Conditions; and (iii) your violation of any law or the rights of a third party arising out of your use of this Site. The Scion Parties reserve the right to assume, at their own expense, the exclusive control and defence of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with the Scion Parties' defence of these claims, demands and actions.
8. Modification or Termination of Service
Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates reserve the right, in their sole respective discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time, for any reason and without prior notice to you and without any liability to you for doing so. Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates may change, modify, suspend or discontinue all or any part of this Site at any time without prior notice to you and without liability to you for doing so.
9. Links to Third Party Sites
This Site contains hyper-links to third party websites. Your use of any website linked to this Site is at your own risk and Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates are not responsible for the availability, accuracy or reliability of the contents of any linked website or any link contained in a linked website. Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates provide these links to you for your convenience only, and the availability of any link does not imply or constitute Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate endorsement of the linked website or its contents.
10. Privacy Policy
During your use of this Site, you may voluntarily submit personal information to Scion, Toyota, TFS, TMMC, CAPTIN or an Affiliate. Scion, Toyota, TFS, TMMC, CAPTIN and the applicable Affiliate encourage you to take the time to read the scion.ca privacy policy (the 'Privacy Policy') before using this Site. By using this Site, you accept the Privacy Policy which outlines how personal information collected through this Site is handled by Scion, Toyota, TFS, TMMC, CAPTIN and the applicable Affiliate. If you do not agree with the Privacy Policy, please do not provide us with any personal information.
11. Changes to these Legal Terms and Conditions
Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates reserve the right to, at any time, modify these Legal Terms and Conditions, and you agree to be bound by any such modifications. Such modifications shall be effective immediately upon Scion, Toyota, TFS, TMMC, CAPTIN or the applicable Affiliate giving notice thereof, which may be given by any means, including, but not limited to, posting on this Site. You agree to regularly review these Legal Terms and Conditions posted at this Site and to be aware of such modifications. Your use of this Site following any such modification constitutes your agreement to follow and be bound by the modified Legal Terms and Conditions. If at any time, these Legal Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.
12. Jurisdiction; Governing Law and Arbitration
Scion, Toyota, TFS, TMMC, CAPTIN and the Affiliates make no representation that the Content on this Site is appropriate or available for use in any particular location. You are responsible for compliance with the local laws of your location, if and to the extent such local laws are applicable. These Legal Terms and Conditions and your use of this Site shall be governed by and construed in accordance with the laws in force in the Province of Ontario and the federal laws of Canada, without reference to any choice of law or conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Legal Terms and Conditions or any communication with or transaction through this Site. Any disputes or claims arising out of or related to these Legal Terms and Conditions or your use of this Site shall be submitted to binding arbitration pursuant to the Arbitration Act 1991 (Ontario) or any successor legislation. Arbitration of all matters will be determined by a single arbitrator acceptable to both parties, acting reasonably, and all such arbitration proceedings shall be held exclusively in Toronto, Ontario. Any claim or cause of action that you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises.
13. General
If any provision of these Legal Terms and Conditions shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from these Legal Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Sections 1, 2, 4, 5, 6, 7, 9, 10, 12, 13 and 14 shall survive any termination of this Agreement as well as any other provisions which by their terms or nature are intended to survive. These Legal Terms and Conditions comprise the entire agreement between you and Scion, Toyota, TFS, TMMC, CAPTIN and/or the applicable Affiliate and supersede all prior agreements between you and Scion, Toyota, TFS, TMMC, CAPTIN and/or the applicable Affiliate with respect to your use of this Site.
14. Language
Les Parties déclarent qu'elles ont demandé que cette entente et tout document s'y rapportant soient préparés en anglais. The Parties to this Agreement declare that they have requested that this Agreement and all ancillary documents be prepared in the English language.
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