Terms of use

EVOLIO.ca is a division, a registered trademark and a website of Xprima.com Corporation.

All website services provided to you by Xprima.com and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as “EVOLIO.ca” or “we”) are provided to you subject to the following terms and conditions of service. By using Evolio.ca website or any products, content or other services available on EVOLIO.ca Site (each a “Service” and collectively, the “Services”), including Services offered on a payment basis, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular EVOLIO.ca Site or Service (collectively the “Terms and Conditions”), all as may be modified by EVOLIO.ca in accordance with these Terms and Conditions. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to shall be the entire agreement between you and EVOLIO.ca and any prior communications between you and EVOLIO.ca (including, for example, e-mails) do not form part of these Terms and Conditions. If you do not agree with these terms and conditions, you may not use EVOLIO.ca site or any other services.

EVOLIO.ca may update or revise these terms of use (“Terms of Use”) at any time. If we revise the Terms of Use, unless otherwise mentioned, such revision shall be effective fifteen (15) days after posting the new Terms of Use on EVOLIO.ca Site. Please check this page periodically for updates and new information. You agree to review the Terms of Use periodically to become aware of such revisions. You can view the Terms of Use at any time by clicking on the Terms of Use link on the home page of EVOLIO.ca Site. Your continued use after a revised Terms of Use is posted on EVOLIO.ca Site will mean that you accept all such revisions as at the date they become effective. If you do not agree to the changes, or to any of the terms in these terms of use, your only remedy is not to use EVOLIO.ca site and to cancel any services you have signed up for.

1. USER RESPONSIBILITY

If you violate these Terms of Use, we may issue you a warning about the violation, or we may choose to immediately terminate your right to use EVOLIO.ca Site and all accounts that you have established. You acknowledge that EVOLIO.ca is not required to provide you notice before termination, but it may choose to do so at its sole discretion.

2. LINKS TO EXTERNAL SITES

EVOLIO.ca Site may provide links to other websites operated by third parties. We may also provide access to or through third-party vendors. Any charges or obligations you incur in your dealings with these third parties are entirely your responsibility.
Please exercise discretion while browsing the Internet. EVOLIO.ca Site may contain hyperlinks to other web sites that are not operated by EVOLIO.ca. If you click on a link to a third party site, including on an advertisement, an Ad company, or other service provider, you will leave EVOLIO.ca Site you are visiting and go to the site you selected. These linked sites are not necessarily under the control of EVOLIO.ca. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Furthermore, you acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites. EVOLIO.ca does not control these web sites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such web sites or as implying any particular association between EVOLIO.ca and their operators. Such hyperlinks, where provided by EVOLIO.ca site, are for your convenience only.

3. ONLINE CONTENT

While EVOLIO.ca makes every effort to ensure that all of the content on our site is up-to-date, readily available, and clearly explained, we cannot guarantee that the site will always be up or that its content will always be accurate. Circumstances beyond our control may occasionally make the site unavailable; data transmissions may be interrupted; and we may provide links to other sites whose content we cannot monitor or otherwise manage.

4. VEHICLE IMAGES

The number of possible combinations of vehicle makes, models, styles, colors and options is potentially infinite. While the vehicle photos displayed on this site will match your chosen vehicle as closely as possible, they are samples only and may not reflect your exact choice of vehicle, color, and trim.

5. TYPOGRAPHICAL ERRORS

While we try to make sure that all prices posted here are accurate at all times, we cannot be responsible for typographical and other errors that may appear on the site. If the posted price for a product or service is incorrect due to typographical or other error (e.g., data transmission), EVOLIO.ca is only responsible for the correct price, which we will endeavor to provide to you as soon as we become aware of the error. EVOLIO.ca reserves the right to refuse or cancel any orders for products or services listed at an incorrect price.

6. ONLINE CONDUCT

Online conduct is subject to all applicable laws and should also be guided by common sense and basic etiquette. Ignorance of the law is no excuse. We may terminate your use of EVOLIO.ca Site and cooperate with law enforcement in the event of illegal behavior.
You agree that you will be personally responsible for your use of EVOLIO.ca Site and for all of your communication and activities, including any content you may contribute, and that you will indemnify and hold harmless EVOLIO.ca, its affiliates, employees, officers, directors, mandataries and agents from any liability or damages arising from your conduct on EVOLIO.ca Site, including any content that you may contribute.
Without limiting the generality of the foregoing, you will violate the Terms of Use if you do any of the following:

  • Post, transmit, promote or distribute any content that is of an illegal nature;
  • Harass, threaten, embarrass or do anything else that is abusive, libelous, defamatory, obscene or improper. Therefore, do not say offensive things about other persons, don’t keep sending them unwanted messages, don’t attack their race, sexual orientation, religion, heritage, etc.;
  • Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable;
  • Impersonate another person (including celebrities), indicate that you are an Evolio.ca employee or a representative of Evolio.ca, or attempt to mislead users by indicating that you represent Evolio.ca or any of Evolio.ca’s partners or affiliates;
  • Promote or encourage any illegal activity including phishing, uploading malicious or viral code, hacking, cracking or distribution of counterfeit software;
  • Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our service;
  • Modify any part of any Evolio.ca Site that Evolio.ca does not specifically authorize you to modify; or
  • Attempt to interfere with, hack into or decipher any transmissions to or from the servers running Evolio.ca Site;

You further agree that these Terms of Use will apply to anyone that you allow to use your service account or user ID, and that you are personally responsible for the consequences (including termination of your account) that may result if any such person breaks these Terms of Use.

7. LIMITATION OF WARRANTY AND LIABILITY

To the maximum extent permitted by applicable law, you expressly agree that the use of EVOLIO.ca site, and the internet is at your sole risk. EVOLIO.ca site, EVOLIO.ca’s products and services, third party services and products are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express  or implied, unless such warranties are legally incapable of exclusion. EVOLIO.ca provides the site on a commercially reasonable basis and does not guarantee that you will be able to access or use EVOLIO.ca site at times or locations of your choosing, or that EVOLIO.ca will have adequate capacity for use of the site as a whole or in any specific geographic area.

To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with EVOLIO.ca is to stop using the service, and stop using the service, and to cancel your account. You acknowledge and agree that EVOLIO.ca, its subsidiaries, lincensors, lincensees and affiliates are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on EVOLIO.ca. In no case shall EVOLIO.ca or its subsidiaries, lincensors, licensees, affiliates’, employees’, officers’, or directors’ (collectively, “EVOLIO.ca affiliates”) liability to you exceed the amount that you paid to EVOLIO.ca for the use of the EVOLIO.ca site. In no case shall EVOLIO.ca or EVOLIO.ca affiliates be liable for incidental or consequential damages arising from your use of the EVOLIO.ca site, the Internet or for any other claim related in any way to your use of EVOLIO.ca. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, EVOLIO.ca’s and its affiliates’ liability shall be limited to the full extent permitted by law. EVOLIO.ca does not endorse, warrant or guarantee any third-party product or service offered through the EVOLIO.ca site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

8. PROPRIETARY RIGHTS, COPYRIGHTS AND TRADEMARKS
  • Intellectual Property Rights

EVOLIO.ca respects the intellectual property rights of others. You may not upload or post on EVOLIO.ca Site any content protected by copyright, trademark or other intellectual property rights (the “Intellectual Property Rights”) unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable content. Evolio.ca may, without prior notice to you, remove from any content that EVOLIO.ca in its sole judgment believes may infringe the Intellectual Property Rights of a third party. If you are a repeat infringer of a third party’s Intellectual Property Rights, EVOLIO.ca may immediately terminate your access to Evolio.ca Site without prior notice to you.
If you are a copyright owner and you believe that any content posted on the EVOLIO.ca Site infringes your rights, you may submit a written notification to us at our mailing address.

  • Copyright

EVOLIO.ca Site is owned and operated by Xprima.com. Unless otherwise specified, all materials appearing on this site, including site design, text, graphics, logos, images, icons interfaces, and the selection, assembly and arrangements thereof are the sole property of Xprima.com. Any other use of materials on this site, including but not limited to, reproduction for purposes other than those noted above, modification, transmission, display, distribution or republication, without prior written permission of Xprima.com, is strictly prohibited.

  • Trademarks

EVOLIO.ca and all other trademarks and service marks owned by Xprima.com and appearing on this site are registered trademarks, trademarks or service marks of Xprima.com. All custom graphics, icons, logos and other items that appear on this site, other than the vehicles and their make and model names, are trademarks, service marks or trade dress of Xprima.com. All vehicles make and model names are trademarks of their respective manufacturers. The use of any Xprima.com trademark or service mark without express written consent from Xprima.com is strictly prohibited.

9. PRIVACY

By agreeing to these Terms of Use, you acknowledge that you have read the terms of the Privacy Policy and consent to the collection, use and disclosure of your personal information in accordance with these terms.

10. OTHER LEGAL TERMS

The Terms of Use and any posted rules or instructions regarding a particular, activity, contest, or sweepstakes, constitutes the entire agreement between you and EVOLIO.ca regarding your rights and obligations in your use of the Evolio.ca Site. If there is any discrepancy, between the Terms of Use and any other rules or instructions posted on Evolio.ca Site, each clause will be interpreted in light of the principles of interpretation of contracts of the Civil Code of Quebec. If you have questions about the Terms of Use, please contact us by emailing termsofuse@evolio.ca.

These Terms of Use shall be interpreted in accordance with the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Evolio.ca Terms of Use and the Evolio.ca Privacy Policy, including Evolio.ca’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.