1.LEGAL STATEMENT

 

Copyright ©2013 Kia Canada Inc. (“KIA”). All rights reserved. Anyunauthorized use of these materials may subject you to penalties or damages.KIA is a subsidiary of KIA Motors Corporation, based in Seoul, South Korea. KIAis the exclusive distributor of KIA-branded motor vehicles, parts andaccessories in Canada. KIA authorized dealers (“Dealers”) are independentcompanies that sell KIA vehicles, parts and accessories, and are licensed tooperate such businesses using the trade names, trademarks and service marksowned by us or our affiliates. By accessing, browsing or using this website,you are agreeing to the terms and conditions contained in the present document(“Terms of Use”). If you do not agree with the terms and conditions of theseTerms of Use, you must cease use of this website immediately. KIA collects datarelating to all visitors to its website, refer to the KIA Privacy Policy fordetails. If you breach any provision of these Terms of Use, you may becommitting an offence and could be prevented from further use of this website.You are granted a non-exclusive, non-transferable, non-sub-licensable,revocable, limited license to display and review this website on your computeror mobile Device, and to print, download and use the messages, information,data, text, software, images and other content on this website, solely forinformational purposes solely for your own personal use.

 

KIA reserves the right to change its Terms of Use from time to time.Changes will be effective as of the date the changes to these Terms of Use areposted to this website. If any change to these Terms of Use is not acceptableto you, you must discontinue use of this website immediately. Your continueduse of this website after any such changes are posted will constituteacceptance of those changes.

 

These Terms of Use and your use of this website shall be governed byand construed in accordance with the laws in force in the Province of Ontarioand the federal laws of Canada. Any disputes or claims arising out of orrelated to these Terms of Use or your use of this website shall be commencedexclusively in the courts of the Province of Ontario, sitting in the City ofToronto.

 

2. TRADEMARKS

 

The KIA mark and design are registered trademarks. These trademarksand other KIA names, logos and service marks may not be modified, used,downloaded, copied or distributed in any way except as an integral part of anauthorized download, copy or transmission of material on this website. Youagree to comply with all copyright laws worldwide in your use of this websiteand to prevent any unauthorized copying, redistribution, reproduction ormodification of this website or any of KIA’s content. No license to anyintellectual property has been granted by this website except as first notedabove.

 

3. KIA DEALERS

 

The purchase or lease of a KIA vehicle is transacted through a Dealerand is governed exclusively by the terms and conditions of the agreemententered into between you and the applicable Dealer. KIA Dealers are notaffiliates of KIA. Accordingly, any purchase or lease you enter into, isexclusively between you and the contracting Dealer.

 

Any financial services and/ or promotional sales programs advertisedon this website are only available through a Dealer, and in the case ofregional programs which may not be on this website, through the Dealers in theapplicable region. The applicable Dealer that you select reserves the right todetermine whether you qualify for credit or any promotional sales program. TheDealers are under no obligation to sell any vehicle at the Manufacturer’sSuggested Retail Price (MSRP) posted on this website and KIA is not responsiblefor the prices set by any Dealer. KIA is permitted to change any vehiclespecifications, promotional sales programs, employment opportunities, and otherinformation available on this website at any time without notice.

 

4. LIMITATION OFLIABILITY

 

Although KIA will make all reasonable efforts to provide accurateinformation on this website, there is no guarantee of accuracy and KIA does notassume any liability for the accuracy or completeness of information presentedon this website. All information contained on this website is for informationalpurposes only and in no way constitutes an offer to buy or sell KIA vehicles.This website shall not be used or relied upon by any visitor as a substitutefor information available from their local KIA Dealer or any agreement that youhave entered into with a KIA Dealer. Your use of this website is not intendedand shall not be deemed to create any legal relationship of any kind betweenyou and KIA, or amend or vary any pre-existing legal relationship that you mayhave entered into.

 

You acknowledge and agree that this website is provided on an “AS IS”basis and that any use of or reliance on this website shall be at your solerisk. To the extent permitted by law, KIA and its affiliates do not make any,and expressly disclaim all, representations, warranties, covenants andconditions, express or implied, by operation of law or otherwise, includingwithout limitation any implied warranties and conditions of merchantablequality, or fitness for any particular purpose, or non-infringement, or thosearising out of course of performance, course of dealing or usage of trade withrespect to this website (including the content or User Content, as definedbelow). For greater certainty, KIA does not warrant that this website will (a)meet your requirements, (b) be compatible with your computer, mobile Device orrelated equipment, (c) be accurate, reliable, authentic, current or complete,(d) continue to operate, (e) operate without interruptions, or (f) beerror-free.

 

KIA and its Dealers, and each of their respective directors, officers,agents, employees, representatives and licensors shall not be liable for anydamages of any kind whatsoever (including, without limitation, damages for lossof revenue or profits, failure to realize expected savings, interruption ofactivities, or any other pecuniary or economic loss) arising out of the use ofor inability to use this website or any product or service described orprovided on this website, including the use of any hypertext links.

 

5. USER SUBMISSIONS(SOLICITED AND UNSOLICITED)

 

Subject to any applicable law, any specifically requested User Contentand the requirements of the KIA Privacy Policy:

 

(i) KIA does not wish to obtain unsolicitedideas, including ideas for new advertising campaigns, new promotions, new orimproved products, goods, services or technologies, product enhancements,processes, materials, marketing plans, or new product names. Accordingly,please do not send any unsolicited ideas, suggestions or other materials("Submissions") to KIA.

(ii) any communications sent by you to KIA viathis website or otherwise, including Submissions, whether solicited by KIA orotherwise, are on a non-confidential basis (other than personal informationwhich is covered under the KIA Privacy Policy, located on this website) and KIAshall be free to use and disclose the content of any such communication,including without limitation any ideas, inventions, concepts, techniques orknow-how disclosed therein, for any purpose including without limitationdeveloping, manufacturing and/or marketing goods and services. You agree to notassert any ownership right of any kind in such communications (includingwithout limitation copyright, trade-mark, patent, trade secret, unfaircompetition, moral rights, or implied contract) and you hereby waive such moralrights in favour of KIA and its affiliates, licensees, successors andassignees. You also acknowledge that you have no right to receive any financialor other consideration in connection with such communication.

 

Users of this website may be permitted to submit or post discussions,questions, images, comments, reviews or other information (“User Content”) tothis website or other medium. In submitting or posting any User Content, youagree:

 

(i) not to post any User Content that may: (A)harm, threaten, harass, abuse or intimidate any other person in any way; (B)involve materials that constitute, depict, promote, encourage, indicate,advocate or tend to incite the commission of a crime or other unlawfulactivities, violence, hatred, cruelty or discrimination against any individualsor groups, for any reason, or any act of cruelty to animals; (C) conceal ormisrepresent the author or origin of any messages or communication, or thatimpersonate any person, or that falsely state or otherwise misrepresent anaffiliation with any other person, including KIA; or (D) disclose any privateor personal information about any person without that person’s permission.

ii) you are solely responsible for your UserContent and any other actions and communications undertaken or transmitted inthe course of your usage of this website or other medium, and that you willcomply with all laws that apply or may apply to your use of or activities onthis website or other medium. KIA may investigate occurrences which may involveviolations of such laws and co-operate with law enforcement authorities inprosecuting users who are involved in such violations. KIA reserves the rightat all times to disclose any information (including without limitation yourpersonal information or your identity) regarding your usage of this website orother medium (including any perceived violations of applicable law), in eachcase as may be permitted or required by applicable law, including as necessaryto satisfy any request authorized by applicable law.

 

KIA is not obliged to monitor, screen, police or edit your use of thiswebsite or other medium, including postings you or others may make to thiswebsite (including, for greater certainty, User Content) although KIA maychoose to do so in its sole discretion. KIA may take any and all actions itconsiders appropriate, in its sole discretion, if KIA becomes aware of anyinappropriate uses of this website, including without limitation use thatconstitutes copyright infringement.

 

6. USE OF THIS WEBSITE

 

You may not, nor may you cause or assist another to:

 

(i) modify, reverse engineer, decompile,create derivative works from, or disassemble this website for any reasonwhatsoever, including for the purpose of creating a competitive product orservice;

(ii) use this website in any manner that coulddamage, disable, overburden, impair, interfere with the security of, negativelyaffect the functioning of, or otherwise abuse, this website or any services,system resources, accounts, servers, networks, affiliated or linked websitesconnected to or accessible through this website (including without limitationuploading, posting or otherwise transmitting on this website any computerviruses, Trojan horses, worms or other files or computer programs which arepotentially harmful, disruptive or destructive or that may impose anunreasonable or disproportionately large load on this website’sinfrastructure);

(iii) use any robot, spider or other automaticprogram or Device, or manual process to monitor, copy, summarize, or otherwiseextract information from this website in whole or in part;

(vi) use this website in any manner that maydilute or depreciate the name or reputation of KIA, its Marks (as definedwithin) or its affiliates or associates; or

(v) interfere with any other persons’ use andenjoyment of this website or of the internet generally.

 

7. HYPERTEXT LINKS

 

This website or other medium may contain hypertext links to otherthird-party websites, which are completely independent of this website or othermedium. KIA makes no representations as to the accuracy, completeness orauthenticity of the information contained in any such hypertext link and anyhypertext link to another person or entity shall not in any manner be construedas an endorsement by KIA of such person's or entity's website, products or services.If you decide to visit any linked website, you do so at your own risk and it isyour responsibility to take all protective measures to guard against virusesand other destructive elements. KIA is not responsible for any content of suchthird-party website.

 

Updated February 1, 2020