Terms And Conditions

Thank you for visiting the Pitster Pro Canada website (this “Site”). This Site is provided for information purposes only. The following are terms of a legal agreement between you and Pacesports Distribution Ltd. on its behalf and on behalf of its parent, its affiliates, third party service providers, and their successors and assigns, as applicable (“Pacesports”) (this “Agreement”). By accessing, browsing or using this Site, you are acknowledging that you have read, understood and accept the terms and conditions of this Agreement and the counterpart privacy provisions. If you do not accept the terms and conditions of this Agreement, please disconnect from this Site immediately.

Please check this Site regularly for changes to this Agreement. Your continued use of this Site following the posting of any changes to this Agreement shall constitute acceptance of those changes.

1. Privacy 

You may provide personal information to Pacesports from time to time, including by operation of this Site. Such personal information is subject to and governed by Pacesports’ privacy policy.

2. Authorized Use of this Site

The information and materials in any medium contained in this Site, including but not limited to text, organizations of data, databases, downloads, streamed data, images, graphics, electronic icons, web page designs, or web processes embodied in the Site (collectively, the “Content”) is owned or licensed by Pacesports. Pacesports authorizes you solely (a) to view or download a single copy of the Content, and (b) to copy electronically, display and print hard copy portions of this Site, all for your personal and non-commercial use and for no other purpose. Any other use of the Content, including but not limited to, reproduction for commercial purposes, modification, transmission, display, distribution, performance, licensing, creation of derivative works or other exploitation, without prior written permission of Pacesports, is strictly prohibited.

You may not use this Site for any purpose that is unlawful, unethical or contrary to the terms and conditions of this Agreement or any policies referred to in this Agreement.

You shall not use this Site in any manner that could damage, disable, or impair this Site or any related services in any way, or interfere with any other party’s use of this Site or related services. You shall not attempt to gain unauthorized access to this Site or any services, systems, or networks howsoever linked to this Site through any means, including but not limited by password mining, spoofing or hacking. You shall not obtain or attempt to obtain any materials or information through any means not intentionally provided to you by normal operation of this Site.

3. Pricing Information 

Without limiting any other provision of this Agreement, prices and product specifications may not be accurate or complete. Unless specified otherwise, all prices referenced in this Site are Manufacturer’s Suggested Retail Prices only and do not include taxes (including but not limited to excise tax, retail sales tax or goods and services tax), title and registration fees, dealer pre-delivery and administrative charges, license fees, consumer rebates or incentives, dealer added options, destination and delivery charges, or any other additional costs. Pacesports dealers establish their own selling or leasing prices, or service charges. Any calculation of price, taxes or financing costs is provided as an estimate for your reference purposes only.

4. Provision of Information by User 

To the extent that you provide information to Pacesports by operation of this Site where it is reasonable to expect that Pacesports or its dealers may rely on this information, you represent that such information shall be accurate and complete.  By posting, uploading, inputting, submitting or otherwise providing any information or materials to this Site, you consent to Pacesports’ collection of such information, and you grant Pacesports and its parent and affiliates the right to use and exploit such information or materials in any way without any obligation to compensate you in any way. To the extent that Pacesports, its parent or its affiliates use such information or materials in any way to develop products, services or any related intellectual property, you acknowledge and agree that such products, and any intellectual property arising from such products or services, shall be exclusively owned by Pacesports, its parent or its affiliates. You represent and warrant that by providing this information or materials that you have the right to do so, and to grant the rights referred to under this heading.

5. Modifications to Content

Pacesports reserves the right to make changes to the Content, including all prices, models, services, equipment, specifications and availability, at any time without notice. If a posted price for a product or service is incorrect, Pacesports is only responsible for the correct price, which Pacesports shall provide you with upon becoming aware of the error. Pacesports reserves the right to refuse or cancel any orders for products or services listed at an incorrect price. Please check with your Pacesports dealer for complete details.

6. Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT ALL ELEMENTS, MATERIALS, INFORMATION, CONTENT, SERVICES ASSOCIATED WITH THIS SITE OR ANY LINKED SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTY, TERM OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION, SECURITY, ACCURACY, PERFORMANCE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

7. Limitation of Liability

WITHOUT LIMITING THE FOREGOING, YOU AGREE AND ACCEPT THAT PACESPORTS, ITS SUBSIDIARIES, PARENTS AND AFFILIATES SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGES, LOSSES, INJURIES OR EXPENSES OF ANY KIND HOWSOEVER ARISING FROM YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO (A) UNAUTHORIZED ACCESS TO, USE, ALTERATION OR DELETION OF TRANSMISSIONS OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF INFORMATION PERTAINING TO ANY ACCOUNT ASSOCIATED WITH THIS SITE, OR (B) DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL PACESPORTS, ITS SUBSIDIARIES, PARENTS AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (A) RELIANCE ON INFORMATION OR MATERIALS PRESENTED THROUGH THE SITE, (B) LOSS OF USE, DATA OR PROFITS, (C) DELAYS OR BUSINESS INTERRUPTIONS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE, WHETHER OR NOT PACESPORTS, ITS SUBSIDIARIES, PARENTS AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

8. Links

This Site may contain links to third party web sites (“Linked Sites”), and may incorporate information obtained from third parties (“Third Party Information”). Pacesports is in no way responsible or liable for any Linked Sites or Third Party Information, including without limitation the accuracy, compliance with third party intellectual property, compliance with laws, or any other aspect thereof. Pacesports is not responsible for any transmission of data or computer code received from a Linked Site. Access to any Linked Sites or Third Party Information is provided for convenience only and does not constitute an endorsement or approval of any kind by Pacesports of the owners or operators of the Linked Sites or originators of any Third Party Information, or represent any association between Pacesports and the operators of the Linked Sites or originators of the Third Party Information. Without limiting any of the foregoing, you are solely responsible for any dealings between you and the operators of any Linked Sites.

9. Intellectual Property Rights

Neither you nor anyone acting on your behalf, including your personnel, shall acquire any right, title, or interest to, or arising from, any intellectual property or other proprietary rights, including but not limited to any copyright, trademarks, patents, designs, or trade secrets, relating to the contents of this Site. You agree that your use of this Site and any Content is subject to Pacepsorts’ intellectual property therein, and that such intellectual property is valid and enforceable.

“PACESPORTS”, “PITSTER PRO” and all other trade-marks, symbols, trade names or slogans appearing in connection with this Site are registered or unregistered trademarks of Pacesports Distribution Ltd. or its licensors (the “Pacesports Trade-marks”). The use of the Pacesports Trade-Marks in any way without prior written consent from Pacesports Distribution Ltd. or its licensors is strictly prohibited. All other trade-marks, symbols, trade names or slogans are the property of their owners.

10. Indemnity

You agree to defend, indemnify and hold Pacesports, its employees, officers, and directors from all liabilities, claims, costs and expenses including reasonable legal fees and disbursements, that arise from your use or misuse of this Site, your non-compliance with this Agreement, or your violation of any third party rights. Pacesports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Pacesports in asserting any available defenses.

11. Violations and Termination

Pacesports may in its sole discretion advise you of any inappropriate behavior on your part and any necessary corrective action. However, if you engage in any acts that Pacesports in its sole discretion deems to constitute a violation of the terms and conditions of this Agreement, Pacesports or its representative may take any responsible actions that they deem appropriate. Such action may include, but is not limited to, barring your access to this Site, or certain portions of this Site. These actions are not Pacesports’ exclusive remedies and Pacesports may take any other legal, equitable, or administrative action it deems appropriate. Pacesports further reserves the right to investigate suspected violations of the terms and conditions of this Agreement. You hereby authorize Pacesports to cooperate with (A) law enforcement authorities in the investigation of suspected criminal violations and (B) system administrators at Internet service providers, network or computing facilities in order to enforce the terms and conditions of this Agreement. Such cooperation may include Pacesports providing usernames, IP addresses, or other information identifying you.

This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Pacesports 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.
If you believe that any material found on our site has been used in a manner that constitutes infringement of your copyrighted work, please provide written notice to us that includes the following information: (1) the signature of the owner or a person authorized to act on behalf of the owner of the work that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) a description of where the infringing material is located on the site; (4) your contact information (i.e. address, telephone number, and email address); (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in our notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

12. General Provisions

If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Unless specifically provided herein, this Agreement constitutes the entire agreement between you and Pacesports with respect to your use of this Site. This Agreement shall supersede all prior agreements, understanding, 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. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes or legal proceedings arising out of or relating to this Agreement shall: (i) as they pertain to Pacesports, at its election be determined via arbitration in the Province of Alberta, Canada (pursuant to the arbitration rules designated by Pacesports), or in the courts in the Province of Alberta, Canada. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Alberta, for any legal proceeding arising out of or relating to your use of this Site or this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records executed and maintained in the original form in which they were generated. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.

Document release date: February 1, 2015