Terms of Use Agreement

~~Last Updated: November 15th, 2017

Car Credit Kingston requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement”). By accessing, browsing or using this website, and the websites of the below listed companies, divisions or service groups, or any page thereof, through any direct or indirect means (individually or collectively, “Websites” or “Website”), or by using the goods, facilities or services offered in or through the Websites through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms “Website” and “Websites” include use through these alternative methods).

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 8 and 15). These provisions form an essential basis of our bargain.

If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Websites.
For purposes of this Agreement, “You” or “Your” means the person(s) using the Websites, and/or the goods, facilities or services of Car Credit Kingston (“Site” and/or “Services”) and its companies offered through alternative methods, including persons that allow others to provide information about themselves to Car Credit Kingston (as defined below), the banks, lenders, financial institutions, providers, dealership companies, and brokers on Car Credit Kingston ‘s network (“Lenders”), Providers (as defined in sections 4 and 5), auto dealers (as defined in section 4(d)), partners (as defined in sections 4 and 5), or dealerships (as defined in section 6). ” Car Credit Kingston”, “us” or “we” means, but is not limited to the following entities:

THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN PROVINCIAL LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.

Car Credit Kingston (hereinafter “Car Credit Kingston”) operates the Websites and shall have the right at any time to change or discontinue any aspect or feature of the Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Websites. Any use by you of the Websites or the good, facilities or services offered in or through the Websites shall be deemed to constitute acceptance of such changes. By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 18 years of age and reside in Canada. If you are under 18 years of age or reside outside of the Canada, you should not be visiting this Site or utilizing Car Credit Kingston’s Services.

  1. CONSUMER INFORMATION SECURITY POLICY

The Car Credit Kingston Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites, received directly from you or transmitted to or from third parties.

  1. LOAN REQUEST SERVICES

Car Credit Kingston offers automotive loan solutions loan request services, explained in more detail below. NOTE: Pursuant to the contracts between Car Credit Kingston and the Lenders on its Network, Car Credit Kingston may also receive information from your Lender regarding the status of your application including, but not limited to, the amount or disposition of your loan. Information specific to your Lender’s use of your information will be found in your Lender’s specific Privacy Policy.  NOTE: You are providing express written consent for Car Credit Kingston and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

A. Terms Applicable to All Loan Request Services

Car Credit Kingston is not a lender or a creditor. Car Credit Kingston does not make loans or credit decisions in connection with loans. Car Credit Kingston does not endorse or recommend the products of any particular Lender. Car Credit Kingston is not an agent of either you or any Lender. Car Credit Kingston ‘s services are only administrative. You should rely on your own judgment in deciding which available loan product, terms or Lender best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that Car Credit Kingston shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that Lenders may keep your loan request information and any other information provided by Car Credit Kingston or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them.

The Websites and the services provided by Car Credit Kingston are available in connection with loans unless otherwise specified. Loans may only be made to residents of Provinces where Lenders are licensed or authorized to make such loans. Lenders are not attempting to make loans outside of their authorized province or country by participating in and offering their products on the Websites. Car Credit Kingston and Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.

The data and other information you may provide Car Credit Kingston is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. Car Credit Kingston does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, Car Credit Kingston does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender’s conditional loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states. You might not be matched with the Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, Car Credit Kingston and/or its Lenders may obtain, verify and record information that identifies each person who opens an account with them. They may ask for your name, Social Insurance Number, address, telephone number, date of birth and other important information that will allow them to properly identify you. During the Lenders’ formal application process, they may also ask to see your driver’s license or other identifying documentation to further assist in certifying your identity.

Car Credit Kingston is paid a marketing lead generation fee by Lenders for the goods, facilities and services provided. Your use of the Websites and/or Car Credit Kingston’s services constitutes your agreement with this compensation arrangement. At closing, you will be responsible for paying for any closing costs associated with your loan (such as loan processing, underwriting or funding fees). Car Credit Kingston does not charge you a fee for its service in matching you with Lenders.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through Car Credit Kingston to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications from Car Credit Kingston and its Network Lenders. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that we may access your credit file even if your Social Insurance Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. Not all lenders will receive and/or utilize your SIN to access your credit report and/or credit score.  Car Credit Kingston does not perform hard inquiries into credit, rather it does a soft inquiry to adhere to Anti-Money Laundering requirements and to assist in identification and verification of consumers as well as to prevent fraud.  The information Car Credit Kingston receives from your credit report and/or credit score is not shared with Lenders, but is used internal personnel on a “need to know” basis.  From time-to-time Car Credit Kingston is examined by Provincial and Federal Regulators and as such is required to maintain your Personally Identifiable Information to adhere to those requirements.  Your information may also be obtained from Lenders after you are matched to adhere to provincial and federal reporting and record retention requirements.  You authorize Car Credit Kingston and its participating Lenders to share such information as required.

NOTE: By completing a submission, you agree that Car Credit Kingston can access certain information from your credit file.  This information could include, but might not be limited to, your credit report, credit score, and other credit information.  You agree that we may use and analyze your information as follows: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and (c) serve you targeted ads and other communication based on your information. Your credit score or credit report will never be given to a third party by Car Credit Kingston.

By submitting the loan request containing your electronic signature, you are extending an express invitation to each Lender you have been matched with to contact you by telephone at the numbers (whether landline or cellular) you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. In addition, you consent, acknowledge and agree that Car Credit Kingston, a lender with whom you have been matched or an associated third party may use an automatic dialing system in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By saving your information with Car Credit Kingston or by doing a submission, you give Car Credit Kingston permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete loan requests, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan request. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Car Credit Kingston Customer Service at 1-613-507-7717 or by emailing webmaster@carcreditkingston.com.

When you “submit” information, create an account or otherwise register for services through Car Credit Kingston and its Companies’ website or otherwise, you understand and agree that you have established a business relationship between you and Car Credit Kingston, which is the owner of this site. Accordingly, Car Credit Kingston and/or its Companies may send your information to its affiliates as provided in the Privacy Policy, and you agree that Car Credit Kingston and/or its Companies may contact you using information you provided with information and offers of services available through Car Credit Kingston and the Websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.  If at any time you do not wish to continue to receive communications from Car Credit Kingston or its Companies’ or its affiliates’ communications, you can notify Car Credit Kingston Customer Care at 1-507-507-7707 or by emailing webmaster@carcreditkingston.com directly if you no longer want to receive other forms of communications from us.

B. Car Credit Loan Request Services

Car Credit Kingston services provide for multiple loan conditional offers through their networks of nonaffiliated Lenders. By submitting the loan request form, you authorize Car Credit Kingston to provide information provided by you or that Car Credit Kingston has or may receive from others, to Lenders on their networks, along with any additional Lenders or investors necessary to complete your loan transaction. You also authorize Car Credit Kingston and its Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. By clicking “submit” (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan request is true, accurate and complete. The Lenders you are matched with may later require a Social Security Number to proceed with your loan request.

To determine which Lenders may be matched with you, Lenders provide us criteria about the type of car loan (for example, loan amount or credit terms) and the type of loan customer (for example, state of residence or creditworthiness) in which the Lender is interested. Car Credit Kingston will provide your information to up to five Lenders whose criteria match your profile. If fewer than five Lenders match your profile, you will receive conditional loan offers from fewer than five Lenders.

  1. REQUEST FOR OTHER PRODUCTS AND SERVICES (INCLUDING FINDER/LOCATOR SERVICES)

Car Credit Kingston offers requests for other products and services on the Websites. You may be able to access these products and services when you complete a request and either (i) get matched with potential third party providers (“Provider” includes any third-party affiliate or finder of a Provider) who will respond with conditional offers for products or services or (ii) get provided with the name and information about potential Providers who may able to respond with the requested products or services or information about the requested products or services without any offers. The Providers that can provide you with conditional offers may not respond with offers until they speak with you to get additional information.  NOTE: You are providing express written consent for Car Credit Kingston and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.A. Terms Applicable to Car Credit Kingston Credit Score Services

By registering with Car Credit Kingston, you understand and consent to Car Credit Kingston receiving and accessing information about from third parties.  This information could include, but might not be limited to, your credit report, credit score, and other credit information.  You agree that we may use and analyze your information as follows: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and (c) serve you targeted ads and other communication based on your information.Your credit score or credit report will never be given to a third party by Car Credit Kingston.

B. Terms Applicable to All Requests for other Products and Services

Car Credit Kingston is not a provider of products or services and does not make any decisions in connection with the products or services offered by Providers. Car Credit Kingston does not endorse or recommend the products or services of any particular Provider on any of its Websites. Car Credit Kingston is not an agent of either you or any Provider. Car Credit Kingston’s services are only administrative. You should rely on your own judgment in deciding which available product or service and Provider best suits your needs and financial means. The Provider is solely responsible for its services to you, and you agree that Car Credit Kingston shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services. You understand that Providers may keep your request information and any other information provided by Car Credit Kingston or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any particular Provider directly if you no longer want to receive communications from them.

Products and services may only be made to residents of provinces where Providers are licensed or authorized to make such products or services available. Car Credit Kingston and Providers expressly reserve the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Websites at any time, without prior notice.

The data and other information you may provide Car Credit Kingston is not, and is not treated as, an application for that product or service. Car Credit Kingston does not guarantee acceptance into any particular program or specific term or condition with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, Car Credit Kingston does not guarantee that the terms or rates for the products or services offered and made available by Providers are the best terms or lowest rates available in the market. A Provider’s products or services may be subject to market conditions, approval and qualification. The terms and rates actually provided by Providers may be higher or lower depending on your individual financial profile, your location and other considerations. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a product or service. Providers may not offer all products or services as well as not offer products or services in all provinces. You may not be matched with the Provider making any specific offer.

Car Credit Kingston is paid a marketing lead generation fee by either the Provider or a third party “finder” (if the finder markets for or to the Provider) for the goods, facilities and services Car Credit Kingston provided. Your use of the Websites and/or Car Credit Kingston’s services constitutes your agreement with this compensation arrangement. You will be responsible for paying for any cost associated with the product or service. Car Credit Kingston does not charge you a fee for its services.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through Car Credit Kingston to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications in electronic form (either by email or via the Internet). In addition, if you proceed with a Loan Application with any Car Credit Kingston Network Lenders, can provide you with the Disclosures and Communications in Electronic form. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that we may access your credit file even if your Social Insurance Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. By submitting the request containing your electronic signature, you are extending an express invitation to each Provider to contact you by telephone at the numbers (whether landline or cellular) you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number(s) are on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Providers or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, provincial or federal law or regulation. In addition, you consent, acknowledge and agree that Car Credit Kingston, a lender with whom you have been matched or an associated third party may use an automatic dialing system in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By saving your information with Car Credit Kingston or by doing a submission, you give Car Credit Kingston permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete requests, the delivery of request matches, deadlines, quality of services or other matters in connection with your request. For any product or service, you represent that all of the information you have provided in your submission and request is true and complete. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Car Credit Kingston Customer Service at 1-613-507-7717 or by emailing webmaster@carcreditkingston.com.

By submitting the request form, you authorize Car Credit Kingston to provide information that you provided or that Car Credit Kingston has or may receive from others to Providers or their finders, along with any additional providers necessary to complete your transaction. By submitting any eligibility form, you authorize Car Credit Kingston to provide your information to up to five Providers or finders to discuss, review or provide product or services information and opportunities. You also authorize Car Credit Kingston and its Providers and finders along with any additional providers necessary to complete your transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings.

  1. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES

All contents of the Websites are: Copyright © 2018 Car Credit Kingston and/or its suppliers, Lenders, Providers or real estate companies, 1404 Bath Rd., Kingston, ON K7M 4X6, Canada. All rights reserved. Car Credit Kingston is a registered trademark of Car Credit Kingston. Other product and company names mentioned herein, including the names of Lenders, may be the trademarks of their respective owners.The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the Canadian copyright laws. Car Credit Kingston owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Car Credit Kingston and the copyright owner. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

  1. DISCLAIMERS AND LIABILITY

Car Credit Kingston intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no circumstances will Car Credit Kingston be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.

THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. CAR CREDIT KINGSTON AND/OR ITS SUPPLIERS, LENDERS, OR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR CAR CREDIT KINGSTON ‘S SERVICES IS AT YOUR OWN RISK. CAR CREDIT KINGSTON AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE COMPANIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR CAR CREDIT KINGSTON’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CAR CREDIT KINGSTON RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAR CREDIT KINGSTON AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  1. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY

Car Credit Kingston, Lenders, Providers and other affiliated companies may choose to electronically deliver all information related to its services and your requests. Car Credit Kingston, Lenders, Providers and other companies’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, Provincial disclosures, other terms, conditions and documents, and the privacy policies of Car Credit Kingston, Lenders, Providers and dealership groups.
You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Car Credit Kingston, Lenders, Providers and dealership groups. This means that Car Credit Kingston, Lenders, Providers and dealership groups may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Lenders, Providers and dealership groups or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.

Technical Requirements

To access and retain information and notices we send or make available to you electronically, you will need:
• Internet access with 128-bit encryption
• Adobe Acrobat Reader 6 or higher
• Ability to Print Internet Explorer 6 or higher
• Netscape 8.04 and above (Use in IE mode)
• Email Access or Firefox version 1.5

You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Car Credit Kingston Customer Service at 1-613-507-7717 or by emailing webmaster@carcreditkingston.com.

  1. PRIVACY POLICY

The Car Credit Kingston Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites or received directly from you.

  1. INDEMNITY

As a condition of use of the Websites and/or Car Credit Kingston’s services, you agree to indemnify Car Credit Kingston and its suppliers, Lenders, Providers or dealership groups from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

  1. LIMITATION ON DAMAGES

In no event will Car Credit Kingston have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.

  1. LINKS TO THIRD PARTY WEBSITES

The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Car Credit Kingston does not operate or control in any respect any information, software, products or services available on such websites. Car Credit Kingston’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that Car Credit Kingston is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

  1. ERRORS AND DELAYS

Car Credit Kingston is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.

  1. DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by Car Credit Kingston, or to any acts or omissions for which you may contend Car Credit Kingston is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND CAR CREDIT KINGSTON WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Car Credit Kingston’s goods, facilities and services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Car Credit Kingston, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the provincial and federal courts. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

  1. OTHER TERMS

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Websites established by Car Credit Kingston) constitutes the entire agreement between you and Car Credit Kingston and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Car Credit Kingston with respect to the Websites and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the Province of Ontario, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.