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Terms and Conditions

Effective Date: 31 JULY 2017

For purposes of these Terms and Conditions, the term “you” indicates the person as an individual or you representing an entity browsing this website and/or the consumer of DriveHive services. By browsing this website and/or using DriveHive services, confirm that you have carefully read and understand these Terms and Conditions. Also, by browsing this website and/or using DriveHive services, you consent to these Terms and Conditions. Please note that we will notify you of changes to these Terms and Conditions by amending these Terms and Conditions as posted on this website.

You will indemnify DriveHive, its suppliers, and any third parties with which DriveHive interacts from and against any and all liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from your use of this website and/or DriveHive services.

For any dispute arising from use of this website and/or DriveHive services, you will proceed as explained below or as otherwise mutually agreed in writing by you and DriveHive. Before resorting to the agreed upon procedures below, we encourage you to contact us directly to seek a resolution.

For any dispute arising from use of this website and/or DriveHive services, the laws of British Columbia will govern, regardless of your residence. Except as otherwise agreed by the parties or as otherwise described in the arbitration option below, the dispute will be brought in a court of competent jurisdiction in the province of British Columbia, regardless of your residence. You consent to the jurisdiction of such court.

For disputes arising from use of this website and/or DriveHive services, where the total amount of the award sought is less than $5,000, you agree to resolve the dispute via arbitration. You will initiate the arbitration through an established alternative dispute resolution provider upon which you and DriveHive mutually agree or, if no agreement, then through the Canadian Arbitration Association. The arbitration will be conducted solely by telephone, online, or written submissions, unless mutually agreed upon by you and DriveHive. Notwithstanding the foregoing, you agree that the rules of the chosen alternative dispute resolution provider shall govern the arbitration.

All claims filed or otherwise brought contrary to these Terms and Conditions shall be considered improperly filed. You will pay attorneys’ fees for DriveHive if (1) you file a claim contrary to these Terms and Conditions, (2) DriveHive notifies you that the claim is improperly filed, and (3) you fail to promptly withdraw the claim. If you fail to win an adjudicated, arbitrated, or otherwise decided dispute against DriveHive, you will pay attorneys’ fees for DriveHive. For the purposes of these Terms and Conditions, the term “attorneys’ fees” means actual attorneys’ fees.

You understand that providing any information, especially personal information, over the Internet poses risks. You understand that, while DriveHive takes reasonable steps to ensure security of your information, DriveHive cannot guarantee security of your information. IN ADDITION TO ITS DISCLAIMERS AND LIMITATIONS OF LIABILITIES AS PROVIDED BELOW, DriveHive EXPRESSLY PROVIDES THAT IT IS NOT LIABLE FOR ANY BREACH IN SECURITY THAT RELATES IN ANY WAY TO ANY PORTION OF YOUR INFORMATION. DriveHive IS NOT LIABLE IN ANY WAY FOR ANY ACTION THAT ANY THIRD PARTY TAKES WITH REGARD TO ANY PORTION OF YOUR INFORMATION THAT WE PROVIDED THAT THIRD PARTY.

DriveHive is not a lender, creditor, or other type of financial institution. DriveHive does not make loan, credit, or other decisions. DriveHive is not a vehicle dealer. DriveHive does not make vehicle lease or sales decisions.

DriveHive attempts to connect consumers with one or more vehicle dealers. DriveHive is not an agent of any consumer or vehicle dealer. DriveHive does not endorse any consumer, any vehicle dealer, any service of any vehicle dealer, or any product of any vehicle dealer. All consumers and vehicle dealers are independent, separate, and distinct from DriveHive. DriveHive makes no guarantees with regard to any third parties, any service that any third party offers, or any product that any third party offers.

DriveHive is paid a marketing lead generation fee by third parties such as, for example, vehicle dealers. You consent to this compensation arrangement. By submitting your personal information to us, you expressly invite each third party with which we connect you to contact you by any avenue of communication related to one or more portions of information that you provide to us. You consent to DriveHive storing, including one or more of locally, remotely, or in a distributed fashion, the information that you provided.

You understand all applicable Federal, provincial, or local laws applicable to all interactions with which you engage in any relation to this website and/or DriveHive services. Additionally or alternatively, you have consulted an attorney with regard to these laws. You confirm that all of your interactions explained here comply with all of these laws. For example, you confirm that you are of legal age to engage in all of your interactions explained here.

You authorize DriveHive to distribute any of your personal information as defined in DriveHive PRIVACY POLICY (incorporated herein by reference in its entirety) to any third party and in any manner, including for compensation to DriveHive.

You authorize DriveHive and any third party to which DriveHive directly or indirectly distributes any of your personal information to verify any portion of your personal information and in any manner, including making a hard inquiry to one or more credit bureaus and submitting any of your personal information to a lender or other financial institution for credit approval.

By using this website and/or DriveHive services, you certify that: You are 19 years of age or older; any information you provide to us is and will be true, accurate, current, and complete; and you reside within Canada.

The terms of this Agreement (including the Privacy Policy) constitute the entire and exclusive agreement between DriveHive and you in connection with your use of DriveHive services, this website, or this website’s content.

DISCLAIMERS & LIMITATIONS OF LIABILITY

DriveHive IS NOT LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF ANY ACTIONS OF OR IN ANY WAY RELATED TO ANY THIRD PARTIES. ANY AGREEMENT, DISCUSSION, OR OTHER INTERACTION WITH WHICH YOU ENGAGE WITH ANY THIRD PARTY IS INDEPENDENT, SEPARATE, AND DISTINCT FROM ANY AGREEMENT, DISCUSSION, OR OTHER INTERACTION WITH WHICH YOU ENGAGE WITH DriveHive OR ANY THIRD PARTY ENGAGES WITH DriveHive.

DriveHive PROVIDES ITS SERVICES, ITS CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH ITS SERVICES AND THIS WEBSITE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. DriveHive ON BEHALF OF ITSELF, ITS AFFILIATES, AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ITS SERVICES, ITS CONTENT, OR THIS WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DriveHive SERVICES, ITS CONTENT, OR OTHERWISE AVAILABLE THROUGH ITS SERVICES OR THIS WEBSITE WILL CREATE ANY WARRANTY REGARDING DriveHive OR ANY OF ITS SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE DriveHive SERVICES AND USE, ACCESS, OR DOWNLOAD ITS CONTENT OR OTHER CONTENT AVAILABLE THROUGH DriveHive SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO DriveHive SERVICES, YOUR DEALINGS WITH ANY OTHER THIRD PARTY, AND YOUR USE OF DriveHive CONTENT OR OTHER CONTENT AVAILABLE THROUGH DriveHive SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH DriveHive SERVICES) OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF DriveHive SERVICES OR THE USE OF ANY OF ITS CONTENT OR OTHER CONTENT AVAILABLE THROUGH DriveHive SERVICES.   

YOU ACKNOWLEDGE THAT DriveHive IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY THIRD PARTY, WHETHER REFERRED BY DriveHive OR NOT TO ANY CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS, CREDIT SCORES, OR OTHER INFORMATION; AND (II) BETWEEN YOU AND DriveHive BUSINESS PARTNERS WHOSE OFFERS WE PRESENT. DriveHive EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR ITS SERVICES, INCLUDING INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS, CREDIT SCORES, OFFERS, OTHER INFORMATION, TOOLS, OR ANALYSIS AVAILABLE THROUGH ITS SERVICES OR ITS CONTENT.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

LIMITATIONS OF LIABILITY

DriveHive AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS, AND LICENSORS (COLLECTIVELY THE “DriveHive PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO DriveHive SERVICES, ITS CONTENT, OR THIS WEBSITE.

EXCEPT AS EXPRESSLY PROVIDED IN YOUR AGREEMENT TO ARBITRATION OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE DriveHive PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, DriveHive SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED CANADIAN DOLLARS ($100.00).

IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE DriveHive PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

All content of this website are copyrighted. © 2017 DriveHive.  DriveHive is a trademark of DriveHive. DriveHive reserves all rights with regard to all portions of intellectual property of DriveHive, including copyrights and trademarks.

 

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