ADVANCED AUTOMOTIVE PRODUCTION SYSTEMS LIMITED TERMS OF USE
LAST REVISED SEPTEMBER 30, 2021
This Agreement sets forth the terms and conditions between you and Advanced Automotive Production Systems Ltd. (“Advanced APS,” “APS”, “APS Digitech”, “us,” “our,” or “we”), its subsidiaries and/or affiliates and sets forth the legally binding terms for your use of Advancedaps.com and any other websites owned by Advanced Automotive Production Systems Ltd. and successor websites, including; advancedaps.com, apsdigitech.com (collectively and individually, the “Sites”) and other interactive properties including but not limited to our mobile websites and applications (the sites and interactive properties collectively referred to herein as the “APS Applications”). By accessing and using the Sites or the APS Applications, you agree to be bound by the terms and conditions of this Agreement and the privacy policy of Advanced APS. Please see Advanced APS’s privacy policy found at www.advancedaps.com/privacy which is incorporated into this Agreement by reference.
Accepting the Terms
By using the Sites, the APS Application or the information, tools, features and functionality located on the Sites, you are bound by this Agreement whether you are simply visiting or browsing the Sites or whether you have subscribed to our services.
You may not use our services and may not accept this Agreement if you are not of a legal age to form a binding contract with Advanced APS. If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have authority to bind such entity.
Advanced APS reserves the right to update or change these terms at any time, which will be in effect on the date shown on the updated Terms of Use. If at any time you do not agree with the updated Terms, you are obliged to discontinue using the Sites and/or the APS Application.
All materials published on the Sites and/or the APS Applications are protected by copyright and owned by Advanced APS. All visitors or users must abide by copyright notices.
YOU MAY NOT MODIFY, PUBLISH, TRANSMIT, PARTICIPATE IN THE TRANSFER OR SALE OF, OR REPRODUCE, CREATE NEW WORKS FROM, DISTRIBUTE, PERFORM, DISPLAY, OR IN ANY WAY EXPLOIT THE CONTENT DISPLAYED ON THE SITES OR THE APS APPLICATION.
Downloading or copying of content is acceptable as long as the visitor or user complies with copyright notices.
Prohibited Activities
The content and information in the Sites and APS Application, as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to modify, copy, distribute, transmit, display, reverse engineer, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Sites and APS Application. Additionally, you agree not to: (a) make any speculative, false, or fraudulent notification; (b) access, monitor or copy any content or information of the Sites and APS Application using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions on the Sites and APS Application or bypass or circumvent other measures employed to prevent or limit access and or to the Sites and APS Application; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or (e) deep-link to any portion of the Sites and APS Application (including, without limitation, the white label URL) for any purpose without our express written permission.
Mobile Services
The services that we provide to you include the ability, via your mobile device, to upload content to your mobile device. Your carrier’s normal messaging, data and other rates and fees will apply. You should check with your carrier before downloading any content to ensure you know the cost of doing so. Downloading, installing or using certain services may be prohibited or restricted by your carrier and not all mobile downloads will work with all carriers or devices. We are not responsible for any damage to any mobile device or any other technology from any security breach or any virus, bugs, tampering, fraud, interruption, defect, delay in operation or transmission or network failure or other malfunction, whether caused in whole or in part by the APS application.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADVANCED APS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
ADVANCED APS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICE, OR OF THE CONTENT OF ANY THIRD PARTY WEB SITES OR INFORMATION, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ADVANCED APS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OR SERVICES THAT MAY BE AVAILABLE THROUGH THE SERVICE ARE FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Limitations on Advanced APS’s Liability
IN NO EVENT SHALL ADVANCED APS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, OR DAMAGES OF ECONOMIC LOSS, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO ADVANCED APS, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF ADVANCED APS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ADVANCED APS’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PRICE PAID BY YOU TO ADVANCED APS FOR THE SERVICE.
You agree that the limits on Advanced APS’s liability are a reasonable allocation of risk between you and Advanced APS and that they are a fundamental term of this Agreement and an essential basis on which the parties entered into this Agreement.
While Advanced APS takes steps to ensure the accuracy and completeness of product and third-party services information provided, please refer to the originator of the information, product or services (e.g., the third party service provider or manufacturer) for complete product details. Please also refer to your local provincial laws with regards to taxes, surcharges, fees, levies, etc. which may or may not be applicable to you. It is your responsibility to check with your local authorities.
IN NO EVENT IS OR WILL ADVANCED APS BE RESPONSIBLE OR LIABLE FOR ANY SERVICE, MATERIAL OR PRODUCTS PROVIDED BY ANY THIRD PARTY THAT ARE AVAILABLE OR OFFERED THROUGH THE SERVICE OR ON THE SITES. ADVANCED APS MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES IN RESPECT OF ANY THIRD PARTY SERVICE, MATERIAL OR PRODUCTS AND USER SHOULD CONTACT THE SUPPLIER OR MANUFACTURER OF ANY SERVICE, MATERIAL OR PRODUCT PROVIDED BY A THIRD PARTY FOR ANY WARRANTY OR OTHER CLAIM.
Your Indemnification of Advanced APS
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS ADVANCED APS AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, LICENSORS, PARTNERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, IN WHOLE OR IN PART ARISING OUT OF OR ATTRIBUTABLE TO ANY USE OR NON-USE OF THE SERVICE OR ANY FAILURE TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT BY YOU.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Advanced APS under this Agreement, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict or choice of laws provisions. Any dispute, claim, suit or proceeding with Advanced APS, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be brought in the courts of the Province of British Columbia, in Vancouver, British Columbia, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Advanced APS may seek such relief in any court with jurisdiction over the parties.
You also acknowledge, agree and understand that, with respect to any dispute with Advanced APS, its affiliates, and their respective officers, directors, employees or agents, arising out of or relating to your use of the Service or this Agreement:
• YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU HEREBY GIVE UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Payment
If you sign up for a subscription, we will bill you monthly using the Billing Information you provide for ongoing monthly periods. You agree to pay Advanced APS all charges at the prices then in effect for your use of the Services using the payment method from the choices accepted by Advanced APS, and any applicable taxes. You agree to pay the monthly charges as set forth on any offer you accepted, applicable taxes, and other charges incurred on your account. Advanced APS reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. Advanced APS also reserves the right to apply a 5% annual increase in subscription fees with thirty (30) days written notice to you. In the event Advanced APS does not receive payment, we reserve the right to terminate your subscription(s). All prices are in CDN Dollars and do not include Internet service provider, telephone, and other connection charges. Any attorney or legal fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you. If a cheque tendered for payment is not honoured by your bank, you will be responsible to resubmit full payment plus any applicable fees incurred.
Refund Policy
If you purchase a subscription and choose to cancel, you must give Advanced APS 30 (thirty) days written notice. Advanced APS will refund the remainder of your paid subscription (annual, semi-annual and/or quarterly subscription) on a pro-rata basis that will cover the remainder of your subscription.
Cancellation: Subscription Issues
If you want to cancel your subscription(s) or have another issue regarding your subscription, you can call customer service at 604-541-1212.
Account Updates
If you wish to change your Payment Method you are responsible for updating your Billing Information. Account updates should be made via phone at 604-514-1212.
Unauthorized Use
You are responsible for promptly updating your Billing Information in the event of any known or suspected unauthorized use of your Billing Information, including loss, theft, or unauthorized disclosure of your Billing Information.
Third Party Purchases
If you purchase a digital subscription through the iTunes store or other service provider, their terms of use govern billing and payment terms. You must refer to their terms of use and understand that you will be governed by them in relation to payment for your subscription or your choice to stop the subscription.
General
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
If Advanced APS does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Advanced APS has the benefit of under any applicable law), this is not a formal waiver of Advanced APS’s rights and that those rights or remedies will still be available to Advanced APS.
All covenants, agreements, indemnities, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. All limits of liability, governing laws, disclaimers of warranties, indemnities, submissions, warranties by you and general clauses survive the expiration or termination of this Agreement.
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and Advanced APS regarding the subject matter of the same, and supersedes and replaces all other previous agreements.
Any rights not expressly granted herein are reserved by Advanced APS.