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Terms and Conditions

The following terms and conditions (“Terms and Conditions”) outline use and access of this website (“Website”) and the information, products and services (“Services”) described on this Website, or to be obtained through this Website. Your use of this Website constitutes acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, please cease your use of this Website and the Services.

RepoDepo ® is carrying on business as Repo Depo 2270317 Ontario Inc. (“Repo Depo”). Repo Depo reserves the right to make changes to these Terms and Conditions at any time from time to time and for any reason. We will use reasonable efforts to provide you with notice of these changes by way of notices on the Website, email and/or Website pop ups. It is your responsibility to ensure sure you keep your email address updated with us and that any browser pop up blocker you use does not block these notifications. We strongly recommend you continue to check this link to the Terms and Conditions to stay current with any updates as well. If you have entered into a written and signed agreement with Repo Depo that conflicts with these Terms and Conditions, that agreement will take priority.

USE

You are granted a non-exclusive right to access and use the Website and Services for internal use purposes only. You agree you will not sub-license or otherwise share your access to the Website and the Services; modify, tamper with, reverse engineer, decompile, disassemble or attempt to do any of the foregoing in relation to the Website and Services; use the Website or Services in a service bureau, bulk sales, computer service or timesharing business; use the Website or Services or the information therefrom to create a database in electronic or other format or for the purposes of data aggregation or dissemination; resell or otherwise commercially exploit the Website or Services; use your Login ID and Password, Website or Services in connection with the commission of any criminal act or any act otherwise contrary to law or regulation; or use the Website or Services in any manner that interferes with or disrupts the security, integrity or performance of the Website or Services.

Any activity that is illegal or violates these Terms and Conditions, or the rights of others is prohibited. Any reproduction of the content of this Website, including the use of automated means to access and scrape any part of this Website, and/or using any means to damage, disable or impair this Website is prohibited and will be met with a commensurate legal response in kind.

CONFIRMED MISUSE AND REMEDIES

By using this Website, you agree that any unauthorized use of this Website or its contents, or any breach of these Terms and Conditions, may cause Repo Depo immediate and irreparable harm for which monetary damages may not constitute an adequate remedy.

You agree that Repo Depo can terminate your access to this Website without prior notice, with or without cause. You further agree to injunctive relief, in addition to any other remedies available, may be warranted. You further understand that unauthorized use of this Website may expose you to civil and criminal liability and that we may report violations of these Terms and Conditions with appropriate law enforcement authorities.

FEES

Fees are applicable to Services as set out on the Website, as changed from time to time. Additional fees may apply in order to access third party products and services offered by way of the Website and Services and are your responsibility and subject to change from time to time at the discretion of the third party.

AVAILABILITY

You have access to this Website on a 24-hour basis, 7 days a week, subject to the right of Repo Depo to suspend or terminate the operation of this Website or the availability of any Services on or to be obtained through this Website, for any reason and without any notice.

Repo Depo reserves the right to make any modifications, deletions, or changes to the Website and any of the information, products, and/or Services obtained through this Website in its sole discretion at any time and without prior notice.

LOGIN ID & PASSWORD

You are required to establish an ID and password to access this Website and the Services accessed within (“Login ID and Password”). Your use of this Login ID and Password constitutes your acceptance and agreement with all policies that may be issued by Repo Depo from time to time with respect to your Login ID and Password.

You further agree that it is your responsibility to keep your Login ID and Password confidential, to take any necessary precautions to ensure confidentiality and to notify Repo Depo if your Login ID and Password are compromised.

DISCLAIMER

This Website and the Services and all information on this Website are available on an “as is” basis, and there are no express or implied warranties or conditions in relation to the Website, the Services, and any information found on the Website, including, without limitation, implied warranties or conditions of merchantable quality, fitness for a particular purpose, accuracy, non-infringement, security or that the Website and the Services will meet your needs or will be available for use at any particular time or will operate free of interruption, technologically harmful intrusions or errors or events caused by or introduced through the internet, all of which Repo Depo disclaims to the fullest extent permitted by law. Repo Depo does not warrant that the Website, the Services, and any information on the Website is accurate or complete, including the information that you input into the Website in order to access the Website and the Services, nor that the timeliness of any information with regard to the Services and/or the Website is up to date. Your use of this Website and the Services are at your own risk. You are responsible for all information, and the accuracy of that information, that you input into the Website in order to access any Service or aspect of the Website.

Services offered by RepoDepo includes the ability to bid on vehicles. RepoDepo is not the vendor of the vehicle on which you are placing a bid. The vendor of the vehicle is the relevant sales facility which is conducting the auction and at which the vehicle is located.

Any vehicle you are placing a bid on will have an "as-is" marking which means it is being sold without any servicing, testing or check-ups. This means that the vehicle could be unfit for driving, not in road worthy condition, or in some other questionable condition. The vehicles are sold "as-is" and therefore, they are not serviced to any mechanical or working order standards. These vehicles are not mechanically sound and have not been maintained at any guaranteed level of quality. These vehicles may not be fit for use as a means of transportation and may require substantial repairs at the purchaser's expense and discretion. It may not be possible to register the vehicle to be driven in its current condition upon purchase.

As RepoDepo is not the vendor of the vehicle on which you are placing your bid, RepoDepo makes no representations or warranties of any kind as to vehicle and RepoDepo disclaims any express or implied warranties, representations or conditions, including, without limitation, merchantability or fitness for a particular purpose.

SERVICE AND DEFECTS

Repo Depo agrees to take commercially reasonable steps to correct any defect to the access and operation of the Website and the Services. Should there be a valid unresolved or erroneous calculation in the fees you owe for accessing and using the Services on the Website due to an error with the Services and/or the Website, Repo Depo will use commercially reasonable steps to correct the situation.

INTELLECTUAL PROPERTY AND OWNERSHIP

Repo Depo owns all right, title and interest to, all copyrights, trademarks, service marks, patent rights, trade secrets and all other intellectual property and other proprietary rights in the Website and the Services, and except as expressly provided in these Terms and Conditions. Your use of this Website and/or the Services does not convey any licence to use, nor any rights to copy, distribute, republish, transmit or otherwise exploit any of the foregoing.

The name “RepoDepo” is a licensed trademark of Repo Depo and we reserve any and all rights to any accompanying logos, company names, trademarks, service marks, product names, etc.

You agree that if you send Repo Depo feedback regarding the Website or Services, any ownership rights in that feedback will vest to Repo Depo and Repo Depo is entitled to unrestricted use of the feedback for any purpose whatsoever, without compensation to you.

UPLOADED CONTENT

You grant Repo Depo and its affiliates the right to use any information and/or content you upload to the Website or Services. You are responsible for the verification of the contents, accuracy and quality of any content uploaded to the Website and Services and its fitness for its intended purpose. You represent and warrant that any content you upload: does not infringe any proprietary rights or rights of publicity or privacy; does not violate any law or regulation; and is not defamatory or obscene.

THIRD PARTY CONTENT AND LINKS

Any content hyperlinked on the Website that belong to other websites that are maintained by third parties are provided for your convenience and information only. The content provided in any third party linked website is outside the control of Repo Depo. As such, you receive and access this information at your own risk. It is your responsibility to take precautions when accessing any third party link that may put you at risk of any computer viruses, worms, Trojan hoses or other items of a destructive nature.

Repo Depo reserves the right to terminate a link to a third party website at any time.

Any inclusion of a link to a third party website does not mean that Repo Depo endorses, adopts, authorizes, sponsors, or is affiliated with that website, its operators, and/or its affiliates and sponsors.

If a third party website links to this Website, it is not necessarily an indication of endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with Repo Depo. In most cases, Teranet CSM is not aware when/if a third party has linked to our Website.

NO LEGAL ADVICE

Repo Depo does not review documents or information for legal sufficiency or accuracy, or draw or provide any legal conclusions or legal support, and the Services and Website are not a substitute for the advice of a lawyer. The Services and Website, as well as the information provided and the use of the Website and Services are not intended to create or constitute a lawyer-client relationship. You are advised to seek your own legal counsel if you require legal advice.

LIMITATION OF LIABILITY

IN NO EVENT IS REPO DEPO OR ANY OF ITS AFFILIATES LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL LOSS OR DAMAGE, OR DAMAGES DUE TO ANY LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA, DOCUMENTS, PROPERTY, MATERIALS, OR EQUIPMENT, OR OTHER ECONOMIC ADVANTAGE OR INTANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, THE WEBSITE OR ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR SERVICES, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF REPO DEPO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REPO DEPO IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY.

Repo Depo’s maximum aggregate liability to you for any claim in relation to these Terms and Conditions, the Website, the Services and any information thereon, whether in contract or tort (including negligence), as a result of breach of warranty, strict liability or under any other theory of liability whatsoever, will be limited to direct damages in an amount not exceeding the lesser of the charges paid under these Terms and Conditions in relation to the claim matter in the 6 months preceding the claim date and $5,000 Canadian.

INDEMNITY

You agree to defend, indemnify and hold Repo Depo, its affiliates and related companies, and any of their respective directors, officers, employees, agents, contractors, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising from and against all claims, liability and expenses, including all legal fees and costs, arising out of your breach of any provision of the Terms and Conditions, or your access and use of the Website and Services.

GOVERNING LAW, JURISDICTION, NO CLASS ACTIONS AND WAIVER OF INJUNCTIVE RELIEF

These Terms and Conditions, and this Website and Services shall be construed in accordance with the laws of the Province of Ontario. You expressly agree that the appropriate provincial or federal courts located in Toronto, Ontario, will be the exclusive jurisdiction for any claim or action arising out of any question or dispute arising out of your use of this Website and these Terms and Conditions.

To the fullest extent permitted by applicable law, you agree that any and all disputes, claims or causes of action you may have in connection with or related t this Website or any of these Terms and Conditions will be resolved individually, without resort to any form of class action.

WAIVER OF INJUNCTIVE RELIEF – IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, AND INJURIES IN CONNECTION WITH YOUR USE OF THIS WEBSITE, THEN THE LOSSES, DAMAGES AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEKM AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY REPODEPO AND/OR REPO DEPO AND ITS AFFILIATES.