Terms of Use

Pioneer Electronics of Canada Inc. Web Site Terms and Conditions of Use

 

Pioneer Electronics of Canada, Inc. Web Site Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WORLD WIDE WEB SITE (THIS "SITE"). ACCESS TO AND USE OF THIS SITE IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS, VIEW OR USE THIS SITE IN ANY MANNER.

1. RESTRICTIONS ON USE OF MATERIALS.

Except as stated herein, all information and materials contained in this Site including the design of this Site, the text, graphics, logos, images, icons, interfaces and the selection, assembly and arrangements thereof (the "Materials") are the sole property of Pioneer, its parent and affiliated companies. You may not use the Materials except as specifically contemplated herein. You may download one copy of the Materials on one computer solely for your personal, non-commercial, internal home use provided that you do not delete or change any copyright or other proprietary notices. If you download the Materials from this Site, the Materials are deemed to be licensed to you by Pioneer. Use of the Materials on any other web site is prohibited. You agree to prevent any unauthorized use of the Materials. You may not resell, redistribute, decompile, reverse engineer, disassemble or otherwise convert any Materials from this Site to a human perceivable form. Except as specifically provided herein, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Materials obtained from this Site. You may not use this Site in any manner which is contrary to any applicable local, provincial, national, international and foreign laws or regulations governing your use of this Site. You may not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site.

2. DISCLAIMER.

Pioneer hopes that the information on this Site is entertaining and interesting for you, but Pioneer is not liable for any damages you suffer from use of the Site. THIS SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS, WHEREIS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIONEER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE OR ANY OF THE MATERIALS.

PIONEER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE AND THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE AND THE MATERIALS WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIONEER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PIONEER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE DISCLAIMERS CONTAINED HEREIN SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM OR RELATED TO YOUR USE OF THIS SITE AND THE MATERIALS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE EXPRESS WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT. IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THIS SITE OR THE MATERIALS, INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, EVEN IF PIONEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR TORTIOUS ACTION.

3. INDEMNITY.

You agree to defend, indemnify and hold Pioneer, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys fees, related to any violation of these terms and conditions by you or in connection with your use of this Site.

4. JURISDICTIONAL ISSUES.

This Site is intended for use within Canada. Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available and to be used in Canada. Pioneer makes no representation that such products are appropriate or available for use in other locations. Those who choose to access this Site from locations other than Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

5. SUBMISSIONS.

Pioneer is pleased to hear from you and welcomes your comments regarding Pioneer's products and services. However, don't send us information or post it on this Site unless you are willing to let Pioneer have it and willing to let the world know about it. All remarks, suggestions, ideas, graphics, or other information communicated to Pioneer through or as a result of this Site (collectively, the "Submission") will forever be the property of Pioneer. Pioneer will not be required to treat any Submission as confidential and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Pioneer operations. Without limitation, Pioneer will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Pioneer will be entitled to use, reproduce, disclose and distribute the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.

By transmitting the Submission to Pioneer you warrant and represent that you own or otherwise control all rights to the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Pioneer, have full responsibility for its content, including its legality, reliability, appropriateness, originality, or copyright.

If Pioneer makes available a discussion group or bulletin board on this Site, you, and not Pioneer, take full responsibility and liability for the content and for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might post or encounter. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, profane or pornographic material or any other material that could give rise to any civil or criminal liability under all applicable local, provincial, national, international and foreign laws or regulations governing this Site and your use thereof.

6. PERSONAL INFORMATION.

All information you provide on this Site from which you can be personally identified shall only be collected, used and disclosed in accordance with the Pioneer privacy policy contained on this Site, the terms of which are hereby incorporated by reference into these terms and conditions and are deemed to form a part hereof.

7. PRICING AND MATERIALS.

Although Pioneer uses reasonable efforts to update and ensure the accuracy of the Materials (including pricing) Pioneer makes no warranties or representations as to its accuracy. Pioneer assumes no liability or responsibility for any errors or representations contained in the Materials.

Unless otherwise indicated, all prices are manufacturer's suggested retail prices in Canadian dollars and may vary at retail locations. Please check with your local authorized Pioneer retailer or reseller. Pioneer reserves the right to refuse or cancel any orders for products or services listed at an incorrect price. All prices are subject to change without notice.

8. REVISIONS TO INFORMATION OR WEB SITE.

Pioneer reserves the right to change, add, or remove any Materials on this Site at any time. Pioneer reserves the right, in its sole discretion, to introduce new products and services, to discontinue products and services, and to make design changes or modification to existing products and services at any time without prior notice. Pioneer can revise these terms and conditions at any time. Accordingly, Pioneer encourages you to periodically review these terms and conditions. Your use of this Site following any change made to these terms and conditions shall be deemed to constitute your acceptance of such changes.

9. LINKS TO OR FROM THIS SITE.

TThis Site may be linked to or from external web sites (the "Linked Sites") which are not maintained by Pioneer. Pioneer is not responsible for the content of the Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by Pioneer or any association between Pioneer and the Linked Sites.

10. APPLICABLE LAWS.

This agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. In the event of any dispute or controversy arising from this Site, the parties mutually consent to the sole and exclusive jurisdiction and venue of the courts of the province of Ontario. In the event of any suit or other proceeding with respect to the subject matter hereof, the prevailing party (which shall be deemed to be the party entitled to recover costs of suit, whether or not the suit proceeds to final judgment) shall be entitled to recover attorney's fees in addition to such other relief as the court may award.

11. LANGUAGE.

The parties hereto confirm their express wish that this Agreement, as well as all other documents related hereto, including notices, be drawn up in the English language only and declare themselves satisfied therewith; les parties aux présentes confirment leur volonté expresse de voir la présente convention de même que tous les documents, y compris tout avis, s'y rattachant rédigés en langue anglaise seulement et s'en déclarent satisfaits.

12. SEVERABILITY.

If any provision of these terms and conditions is invalid or unenforceable under applicable law, then the invalid or unenforceable terms and conditions shall be, to the extent necessary, deemed omitted and the remaining provisions will continue in full force and effect.

13. ENTIRE AGREEMENT.

Unless specifically provided herein, these terms and conditions constitute the entire agreement between you and Pioneer with respect to your use of this Site. These terms and conditions shall supersede all prior agreements, understandings, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein.

14. TERMINATION.

Pioneer reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.

11. OTHER RIGHTS.

Any rights not expressly granted herein are reserved by Pioneer.

12. TRADEMARKS

The names, images, logos and pictures identifying Pioneer's products and services in many countries are proprietary marks of Pioneer, its parent and affiliated companies. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, copyright, or other proprietary rights of Pioneer or any third party. The use of any Pioneer trademark or service mark, whether registered or not, is strictly prohibited without obtaining Pioneer’s prior written consent. This is a listing of certain trademarks owned by Pioneer, its parent or affiliated companies. All other trademarks on the Site are the property of the respective trademark owners. This is not a comprehensive list of all Pioneer trademarks.

Trademarks registered in Canada:

ADVANCED HOME THEATRE & DESIGN
ADVANCED HOME THEATRE
ADVANCED PROJECTION TEHNOLOGY DESIGN
BAD BOYZ & MAN DESIGN
BAD BOYZ
BASSE FATALES DESIGN
CENTRATE
CINEMA WIDE SYSTEM
DIGISITE
Mark descriptive reference: EEQ DESIGN
ELITE
GIGACHANGER
I.C.E. IN CAR EXCITEMENT & DESIGN
I.C.E.
Mark descriptive reference: LASERDISC DESIGN
LASERJUKE
Mark descriptive reference: LASER KARAOKE DESIGN
Mark descriptive reference: LASERMEMORY DESIGN
Mark descriptive reference: LASER BARCODE DESIGN
LETHAL BASS DESIGN
Mark descriptive reference: LOOPMASTER DESIGN
MAXXIAL
NAUTICA
Mark descriptive reference: OVALS DESIGN
PIONEER DESIGN
PIONEER
PREMIER DESIGN
Mark descriptive reference: PRO KARAOKE DESIGN
PROGRESSION IV
Mark descriptive reference: SUPER TUNER & DESIGN
TECHNOLOGIE DE PROJECTION EVOLUEE DESIGN
THE ART OF ENTERTAINMENT
THE MOST MUSIC FOR YOUR MONEY
THEATRE AUDIO & DESIGN
TRUCK RIDERS
Mark descriptive reference: TUNING FORK & DESIGN
TURBOPLUS & DESIGN