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These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an
entity (“you”) and Kruzee Mobility Inc.
(“Company,” “we,” “us,” or “our”), concerning your access to and use of the http://www.kruzee.comwebsite as well as any other media form, media
channel,
mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
We are registered in Canada and have our registered office
at 1000 King Street West, Toronto, Ontario M6K3N1. You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each
such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand
which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are
at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the
age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site.
If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using
the Site.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”)
and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights
and unfair competition laws of the Canada, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written
permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the
Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of
Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Site; (6) you will not access the Site through automated
or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or
unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the Site (or any portion
thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site
may not be used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the Site, you agree not to:
The Site does not offer users to submit or post content. We may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the
Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material
(collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party
websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When
you create or make available any Contributions, you thereby represent and warrant that:
You and the Site agree that we may access, store, process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback
for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based
on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non- exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You
agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on
the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Canada. If you
access the Site from any other region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the
Site, you are transferring your data to Canada, and you agree to have your data transferred to and processed in
Canada.
These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
IIf we terminate or suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our
sole discretion without notice. However, we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be
liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We
cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in
these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections,
updates, or releases in connection therewith.
These Terms shall be governed by and defined following the laws of Canada. Kruzee Mobility Inc. and yourself
irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may
arise in connection with these terms.
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to
the jurisdiction of the Canada courts. Kruzee Mobility Inc. shall also maintain the right to bring proceedings as
to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into
in the course of your trade or profession, the state of your principal place of business.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO US. CERTAIN CANADIAN LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
use of the Site; (2) breach of these Terms of Use;
(3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the
Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any activity you have undertaken using
the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any
cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined
to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a result of these Terms of
Use or use of the Site.
You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing
by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site,
please contact us at:
Kruzee Mobility Inc.
104 Crockford Blvd, Scarborough, Ontario, M1R 3C3 Support@kruzee.com
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