LEGAL
exchangeon.com is a online dealer
sponsored inventory re-marketing system owned and operated by
exchangeon.com Inc. By using this website you accept the terms
of this agreement:
Visitor Agreement
It is understood and agreed that exchangeon.com is host to the inventory of dealer members and does not act as buyer or seller of inventories. To assist both buying and selling members any transaction generated through the system or as a result of being a system member will be processed through a legally licenced dealer of good standing in the province of Ontario, Canada.
exchangeon.com and the sponsor dealer will be referred to as the agent.
exchangeon.com system
privileges
Only motor vehicle dealers holding valid registration, permits
and in good standing with the governing bodies of the
provincial/state jurisdictions in which their business resides
will be granted membership access to the exchangeon.com system.
The dealers, once registered with exchangeon.com will be
referred to as members in this Agreement. exchangeon.com
reserves the right to temporarily or permanently suspend a
members access privileges for breach of the system policies or
being in violation of provincial/state jurisdiction or governing
bodies registration requirements.
exchangeon.com account
Upon approval of membership, the exchangeon.com system will open an account for you and you will be issued a user ID and private password authorizing you view and add inventory, perform transactions and communicate within the system. Registering as a exchangeon.com user and subsequent use of the system represents your acceptance of the system policies and responsibility of complete disclosure in any transaction performed as a result of or being a member of the exchangeon.com system. Use of the exchangeon.com system is acceptance of your responsibility of payment for inventory and fees of any transaction performed and finalized
between system members to the sponsoring dealer that is facilitating the transaction. Any amounts due for engagement of the agents management services, system fees or any other service engaged will be payable to exchangeon.com. Inc..
System use and integrity
You are responsible for maintaining the confidentiality of your
user ID and password. Please notify exchangeon.com in writing
upon discovery of any unauthorized use of your account to avoid
any inconvenience to the system or its members. You will not use
any device, software or routine to interfere, or impede the
workings of the exchangeon.com system or copy, reproduce, or
transmit any system content for commercial purposes.
General provisions
The material appearing on exchangeon.com is for information
purposes only. Despite efforts to provide accurate information,
errors may appear from time to time. The system administrator
will attempt to provide all information that is vital to a
members decision to perform a transaction, and a final
inspection (if requested) will remain part of our process. The
agent(s) or any representative of the agent does not guarantee
the performance or marketability of any vehicle posted on
exchangeon.com. Please perform your inspection to guarantee your
satisfaction.
Transaction policy
Information on exchangeon.com about a particular vehicle is
supplied by the listing member dealer. The price and other terms
of any transaction remain subject to final negotiations and
acceptance by members involved in any transactions. The agent(s)
or its representatives cannot be held responsible for the
information selling/buying members provide to the system, or
guarantee payment for any transaction performed on the
exchangeon.com system . All members involved must have agreed to complete a transaction and fulfilled all their obligations including the full payment to the sponsoring dealer and/or exchangeon.com Inc. Of any funds due as a result of that transaction.Once the vehicle(s) obtained as a result of a transaction have
been paid
for in full by each buying member, full payment will be
processed immediately
Buyers obligation
It is the buying members responsibility to verify
the equipment and/or condition of any vehicle they are
interested in prior to finalizing or accepting any transaction.
It is the buying members sole responsibility to conduct a
thorough and prompt inspection of each vehicle upon receipt on
their premises. The inspection process is required to be
completed within one day (24 Hours) of receipt of any unit,
delay in the inspection process will be considered as acceptance
of the transaction. Delay in the inspection/acceptance process
impedes the timely release of funds to all members involved in
the transaction. The agent(s) cannot be held responsible for any
expenses occurred in a transaction process which has been
accepted or arbitrated beyond any fees (if any) charged for that
specific transaction.
Offering a vehicle
As a member, when you offer a vehicle for sale through the
exchangeon.com system you must be prepared to sell that vehicle
at the price at which, and terms on which you have listed. You
must be in possession of the actual vehicle listed, lien free
and have the ability to transfer ownership/title to buying
member. You may not charge for or refuse to disclose any
information to a potential buyer to any listing on
exchangeon.com. In the case of an offer lower than your reserve
or the process of a product and or monetary difference (trade)
transaction the agent(s) or representative will notify you, and
only upon acceptance by all members will a transaction be
completed.
Transaction process/Request
for arbitration
The buying member is responsible for all funds due on any
transaction on the exchangeon.com system. All vehicles listed
are on “As Is” condition or as described by the selling member.
The buying member has 1 day (24 hours) form delivery to their
property to accept, arbitrate or decline the vehicle for
undisclosed items. In the event a mutual agreement cannot be
arbitrated by the agent(s) the transaction will be null and
void. Any costs involved in the transport or inspection of the
vehicles in question will be absorbed by the members involved,
or as negotiated between the members involved.
Request for extended
arbitration
Any arbitration beyond the 1 day (24 hour) of receipt of product
period must be done by request to the agent and agreed to by the
participating trading member. All such requests shall be dated
and dealt with in a timely fashion upon approval of the trading
member. These arbitrations shall be carried out at the
site the vehicle is located , third party opinion or inspection
will be available at the buying members expense. No arbitration
will be considered by the agent beyond a 48 hour period of
delivery of any vehicle to the buying members place of business.
Any adjustment or compensation would be dependent upon the
goodwill (if any) of the trading member.
System information
Responsibility for all information contained in any listing on
the system lies with each selling or trading member, to avoid
incurring unnecessary costs to all members please load and
provide accurate information to the exchangeon.com system. The
registered member is responsible for any material you post and
the content of all email messages transmitted through the
exchangeon.com system. Although exchangeon.com cannot monitor
all listings posted on the system we reserve the right (but
assume no responsibility) to delete, move or edit any listings
or postings that come to our attention that we consider
inaccurate, unacceptable or inappropriate for legal or other
reasons. By using the exchangeon.com system you agree not to
post or transmit any material that may be deemed defamatory,
abusive, obscene, threatening, misleading or illegal in any
form. In the ordinary course of business all information and
transmissions addressed to and maintained by the system are
confidential, however reserve the right to occasionally release
information concerning inappropriate transmissions, postings or
other unauthorized use of the system when release is required in
order to comply with law or a law enforcement agency, to enforce
our Visitor Agreement or protect the rights of our members,
visitors, advertisers, public, Exchangeon.com or its licenced sponsoring dealer.
Disclaimer and Limitation
of Liability
The website and information provided at exchangeon.com and
materials contained are provided to its members “As Is” .
exchangeon.com Inc. its sponsors, associates or representatives
make no representations or warranties of any kind regarding its
contents, operation, materials, products or services available
through the site. exchangeon.com expressly disclaims all
warranties expressed or implied of any kind with respect to the
site or its use and products or services listed, sold or
purchased through this site, including but not limited to
merchantability, fitness for a particular purpose, accuracy,
completeness, reliability, currency or any warranty that the
site or server which makes it available is free of virus or
other data that may be harmful. exchangeon.com reserves the
right to change, modify or discontinue any aspect, feature or
function of this site. Under no circumstances will
exchangeon.com or its sponsors, agents or licensors be liable to
you or anyone else for any damages other than direct damages,
arising out of your use of this site or any product or
service linked to , promoted or advertised on this website,
including without limitations, consequential, special,
incidental, indirect, punitive, exemplary or other damages of
any kind, including lost revenues or profits, loss of business
or data, even if we were advised of such possibility beforehand.
You agree that the liability of exchangeon.com, its sponsors,
affiliates, agents and licensors, if any, arising out of any
legal claim related to this website will not exceed the amount
you paid (if any) for the use of the website out of which such
liability arises. Some jurisdictions do not allow exclusion or
limitation of liability for consequential or incidental damages,
so the foregoing disclaimers may not apply to you and you may
have other legal rights according to your jurisdiction. In no
event will damages provided by law (if any) apply unless they
are required to apply by statute notwithstanding their exclusion
by contract.
Applicable laws
exchangeon.com Inc. is an Ontario, Canada corporation and the
visitor agreement and website policy is construed to the laws of
the province of Ontario, Canada. By accessing this site both you
and exchangeon.com agree that the statutes and laws Ontario and
Canada without regard to conflicts of laws and principles there
of will apply to all matters arising from or relating to the use
of this site. By using this site you also consent to the
exclusive jurisdiction and venue of the federal district courts
and provincial courts of Ontario, with respect to any dispute
arising or relating to this agreement or use of this website.
Copyrights and Trademarks
This site is owned and operated by exchangeon.com Inc.. All
materials, graphics, icons, logos, and other items other than
the vehicles and their make and model names are the trademarks,
service marks or trade dress of exchangeon.com Inc.. All
vehicles makes and models and model designations are trademarks of their respective manufacturers.
Unless otherwise specified all materials appearing on this site
including, site design, operation features and functions, text,
graphics, logos, images, icons, assembly and arrangements
thereof are the sole property of exchangeon.com Inc.. The
products and services offered on this site are for your
personal, non commercial use. The reproduction, modification,
transmission, display, distribution or republication of the
materials posted and system functions is strictly prohibited.
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