TERMS & CONDITIONS

Please read these Terms of Use carefully before using this website www.bmwdct.com (the “Site”) as they represent a binding agreement between each user of our Site (“you”, “your” or “user”) and The Bavarian Dealer Communication Team (referred to as “BMW DCT”, “we”, “us”, or “our”).

If you wish to access and use the Site, you must accept and agree to be bound by and comply with these Terms of Use. If you do not agree to these Terms of Use, then you must not access or use our Site.

These Terms of Use were last updated on the “Updated” date indicated above. We reserve the right, in our sole discretion, to modify these Terms of Use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these Terms of Use on a regular basis to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

1. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
2. The Site is only intended for access and use by users located within Canada.
3. The BMW DCT grants you (as a permitted user) a limited, revocable, non-exclusive right to access our Site for your personal use as it relates to your association and/or working status with any dealership in the Canadian BMW Dealer Network, and in compliance with applicable law.
4. Access and use of our Site may be subject to limitations, delays, and other interruptions inherent in the use of the Internet and electronic communications. The BMW DCT is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of the Site for any reason.
5. All rights not expressly granted by these Terms of Use are reserved to us, or, if applicable, our licensors.

1. The brand BMW, MINI, I, M, as a whole, and any slogans, characters and other trademarks, belong exclusively to BMW (Bayerische Motoren Werke (in German) / Bavarian Motor Works (in English)), BMW AG, BMW Group, and/or its affiliates, and are protected by copyright and trade-mark laws.
2. Our Site contains content including, but not limited to, all text, audio, images, photographs, logos, computer code, and other materials or elements (collectively the “Content”). Content displayed on or through our Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our Site or the collective work, and/or copying or reproducing our Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the BMW Dealer Communication Team.
3. You further agree not to reproduce, duplicate or copy Content from our Site without the express written consent of the BMW DCT, and agree to abide by any and all copyright notices displayed on our Site.
4. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our Site or Content.
5. Although the BMW DCT does not claim ownership of content that its users may post, by posting content to any area of our Site that is accessible to all users, you automatically grant, and you represent and warrant that you have the right to grant, to BMW DCT an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content, and create compilations and derivative works from such content, as part of our Site or otherwise

We respect your right to privacy. All information that we may collect via the Site is subject to our privacy statement, which is accessible at: www.bmwdct.com/privacy-policy/

1. You may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password mining, or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other of our customers, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
2. To the extent that our Site permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:
   
   1. is unlawful;
   2. includes personal or identifying information about another person without that person’s explicit consent;
   3. impersonates any person or entity, including, but not limited to, a BMW DCT employee and/or member, or falsely states or otherwise misrepresents an affiliation with a person or entity;
   4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
   5. is harmful, threatening, abusive, harassing, defamatory, pornographic;
   6. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
   7. constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
   8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   9. disrupts the normal use of our Site with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website;
      or
   10. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our Site.
3. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the BMW DCT or any other person may incur as a result of your submission of any information on or through this Site.
4. The BMW DCT reserves the right to refuse to post or to remove any content, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms of Use.

1. If any content posted on the BMW DCT’s Site infringes on your copyright, please notify our designated agent as follows: by email, using the email mechanism on the Contact Us page. **HYPERLINK Your notice of claimed infringement must include: (a) physical or electronic signature of the copyright owner of authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed from the site, as well as information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and lawyer’s fees.
2. The BMW DCT investigates notices of alleged infringement and takes appropriate actions under applicable law.

1. Certain sections of our Site may only be available to you upon registration for a Site account. By registering, you represent and warrant to the BMW DCT that: (a) all information provided by you to the BMW DCT during the registration process (“Registration Data”) is truthful, accurate and complete; and (b) you will comply with these Terms of Use.
2. As a registered user, you agree to maintain and promptly update your Registration Data as necessary to keep it true, accurate, current and complete.
3. You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via our Site.
4. You acknowledge that you are solely responsible for maintaining the confidentiality of your account password, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content. You agree to immediately notify us of any unauthorized use of your account.

1. We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. We shall not be liable to you or any third party for any termination of your access to the Site. You agree not to attempt to use the Site after any such deletion, deactivation, or termination. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
2. We may, in our sole discretion and without prior notice to you, terminate your access to the Site, for cause, including, but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Site, or (4) unexpected technical issues or problems.

1. This Site may offer access to third party websites and content available over the Internet. The BMW DCT exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the Terms of Use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by the BMW DCT of such content. You further agree that the BMW DCT shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.

1. WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, ACCURATE, COMPLETE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THIS SITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The BMW DCT and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers, shall not be liable for any (i) direct damages in excess of CDN$100; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or this Site.

You agree to indemnify and hold the BMW DCT and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of content you submit, post or make available through our Site, your use of our Site, your violation of these Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another person in connection with the Site.

These Terms of Use constitute the entire agreement between you and us regarding your use of our Site, superseding any prior agreements between you and us. These Terms of Use and the relationship between you and the BMW DCT shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to conflict of law provisions. You and the BMW DCT agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of the BMW DCT to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 the other provisions of these Terms of Use remain in full force and effect.