Website Terms Of Use
LAST UPDATE: 1/23/2023
THIS WEBSITE IS OWNED AND OPERATED BY ICM HOLDCO III CORP. (D/B/A CIMSENSE), ITS AFFILIATES AND ITS RELATED ENTITIES (“CIMSENSE”, “WE”, “OUR” AND “US”). ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES AND WEB PAGES (COLLECTIVELY, THE “SITE”) ARE PROVIDED BY CIMSENSE TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING, BROWSING, OR OTHERWISE USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS SITE.
These Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Site visitor (“you” or “your”) and CIMSense with respect to your use of this Site. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder, whether on behalf of yourself or any entity that you represent.
We reserve the right at any time to change: (i) these Terms of Use; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (iii) the equipment, hardware or software required to use and access this Site, and (iv) prices for items available on the Site. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, or any items available on the Site.
Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.
You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes and are prohibited from using this Site in a manner that is contrary to or in violation of these Terms of Use.
1. JURISDICTION
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Site. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site, you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.
We make no—and you acknowledge that we make no—representation that materials on this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided.
2. GENERAL CONDITIONS AND DISCLAIMERS
We reserve the right to refuse service and/or access to the Site to anyone at any time. CIMSense shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by CIMSense will be available and free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such. material.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
3. PRIVACY
CIMSense is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Please see our Privacy Policy for further information.
4. PERSONAL USE ONLY
This Site is only for personal or internal business use. You may not use this Site in any way that is unlawful, that violates these Terms of Use, or that harms us or any other person or entity, as determined in our sole discretion.
5. USER ACCOUNTS AND ACCURACY OF INFORMATION
All of the information You provide to CIMSense or that we collect from you in connection with your use of the Site will be governed by these Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, We may terminate your account and your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities.
6. JOB APPLICANTS
[ ].
7. USER RESPONSIBILITIES
The Site’s content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Site in any way.
You represent and warrant that: you will perform under these Terms of Use in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief. You will NOT, and you will NOT allow any third party to:
a. Use the Site in a manner other than as expressly permitted by these Terms of Use;
b. Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including for any commercial purpose;
c. Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Site;
d. Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Site, or combine the Site or any part thereof with any other computer code, programs, materials, or services;
e. Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, or distribute the Site or any part thereof;
f. Use the Site, including, without limitation, any Site content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
g. Commit fraud or falsify information in connection with your use of the Site;
h. Work around any of the technical limitations of the Site or use any tool to enable features or functionalities that are otherwise disabled in the Site;
i. Perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
j. Engage in activities that aim to render the Site or associated services inoperable or make their use more difficult;
k. Attempt to disable, damage, overburden, impair or gain unauthorized access to the Site or our servers;
l. Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site (including, without limitation, using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
m. Harvest or otherwise collect or store personal information about other users of the Site, including, for example, email addresses, without the express consent of such users;
n. Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
o. Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
p. Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site, or attempt to collect personal information about third parties without their knowledge or consent. CIMSense may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Site, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
8. CODE OF CONDUCT
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of CIMSense’s computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Use. While using this Site you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation). You shall not interfere with or disrupt the Site, our servers or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.
9. COPYRIGHT INFRINGEMENT
If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted; A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The designated agent for notice of copyright infringement claims may be reached as follows: Mark Reeves.
The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the Site and requests or concerns regarding improper content, will not receive a response through this process.
10. AVAILABILITY
While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.
11. CURRENCY OF WEBSITE
CIMSense updates the information on this Site periodically. However, CIMSense cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this Site. CIMSense may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
12. LINKED WEBSITES AND LINKING TO THIS SITE
This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that CIMSense monitors or endorses these websites or their respective practices. CIMSense does not accept any responsibility for such websites. CIMSense shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites.
If you operate a website and wish to include a link to the Site: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with CIMSense’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by CIMSense. We reserve the right to revoke consent to link to the Site at any time in our sole discretion, whether by amending these Terms of Use or through other notice.
13. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
CIMSense shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site. CIMSense recommends that you install appropriate anti-virus or other protective software.
14. OWNERSHIP AND OUR MATERIALS
This Site is owned and operated by CIMSense in conjunction with others pursuant to contractual arrangements.
Unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of CIMSense and its licensors and/or its suppliers. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of CIMSense or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by CIMSense to you under any patent, copyright, trademark, trade secret, or other intellectual property right of CIMSense and all such rights are reserved and retained by CIMSense. ALL RIGHTS RESERVED.
CIMSense may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “CIMSense Materials”) available to you from this Site, from time to time. If you download or use CIMSense Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without CIMSense’s prior written permission, and (iii) shall only be used in compliance these Terms of Use and with any additional license terms accompanying such materials. CIMSense does not transfer either the title or the intellectual property rights to the CIMSense Materials and retains full and complete title to the CIMSense Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the CIMSense Materials. You further agree not to decompile, reverse engineer, disassemble, or otherwise convert any compiled CIMSense Materials into a human-perceivable form. CIMSense or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner. All rights not expressly granted herein are reserved by CIMSense. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This Site, (including its organization and presentation and CIMSense Materials) is the property of CIMSense and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade names, internet domain names and other similar rights.
16. DISCLAIMER OF WARRANTIES
THIS SITE, THE SERVICES CIMSENSE PROVIDES, AND THE CIMSENSE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. CIMSENSE DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, THE PRODUCTS, OR THE CIMSENSE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
17. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE CIMSENSE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CIMSENSE OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE CIMSENSE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. INDEMNIFICATION
You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are responsible; (2) your use of this Site; or (3) your violation, infringement, or misappropriation of the rights of any party, including without limitation, any such party’s intellectual property, proprietary, privacy or other rights of any party. CIMSense reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of CIMSense. This indemnification section will survive any termination or expiration of these Terms of Use.
19. CONTACTING CIMSENSE
If you need to contact us regarding this Site or these Terms of Use, please e-mail us at support@can-am.net or write us at 2851 Brighton Road Oakville, ON L6H 6C9. You can also contact us via telephone at 905-829-0030.
20. MISCELLANEOUS
These Terms of Use are governed by and construed in accordance with the laws of the State of New York and the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in the State of New York, United States of America, in any matter arising from or related to these Terms of Use and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Site.
These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub- licensable by you except with CIMSense’s prior written consent. These Terms of Use provide only for the use of this Site. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.