Terms of Use



Welcome to KTMCTY.com (the "Site"). We make information available to You on KTMCTY.com subject to the following terms and conditions. If You visit the Site, You accepted these terms and conditions. Please read them carefully.

These Terms of Use are between You ("You" or "User") and KTMCTY CANADA, INC. (the "Company") pursuant to which the Company is prepared to grant You access to this Site.

The Company reserves the right to change these Terms of Use from time to time at its sole discretion, and Your rights under these Terms of Use will be subject to the most current version of these Terms of Use posted on this page at the time of Your use or purchase. If You do not agree with these or the revised Terms of Use, please refrain from using this Site.

These Terms of Use are in addition to Your obligations and rights under the Privacy Policy posted on the Site. For the avoidance of doubt, in the event of a conflict between these Terms of Use and the Privacy Policy or other terms and conditions posted on the Site, the Terms of Use will prevail. If You are unsure of Your rights under these Terms of Use, please contact us as set forth below.



  1. LICENSE AND SITE ACCESS
  2. TRADEMARKS AND SERVICE MARKS
  3. COPYRIGHTS
  4. OUR PRODUCTS
  5. COMMUNICATIONS AND OTHER CONTENT
  6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
  7. INDEMNIFICATION
  8. PRIVACY
  9. GOVERNING LAW; EXCLUSIVE JURISDICTION
  10. FORCE MAJEURE
  11. GENERAL


LICENSE AND SITE ACCESS

The Company grants You a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent from the Company. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of KTMCTY.com or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates (including the parent company, "Affiliates") without express written consent from the Company. Any unauthorized use terminates the permission or license granted by the Company.



TRADEMARKS AND SERVICE MARKS

Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of the Company or its licensors, sponsors or suppliers and are protected by trademark laws. The trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, the Company.

KTMCTY and its Logo are, without limitation, among the registered trademarks of the Company and its Affiliates. Infringement of any trademark of the Company is not permitted.



COPYRIGHTS

All content including product designs (including any and all collateral materials relating thereto) included on this Site are owned by the Company and/or its licensors and protected by copyright laws and/or design patents. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein. You are not allowed to use any product designs without the Company's express written agreement.



OUR PRODUCTS

The Company attempts to be as accurate as possible in its product descriptions. However, the Company does not warrant that product and price descriptions or other content of this Site are accurate, complete, reliable, current, or error-free.

The Company reserves the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, errors in product or pricing information, bulk sales (usually in same product quantities of 10 or more), and/or problems identified by our credit and fraud avoidance department.



COMMUNICATIONS AND OTHER CONTENT

Visitors may submit suggestions, ideas, comments, questions, or other information, to our User Service Department so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise misrepresent as to the origin of any content.

If You do submit material, You automatically grant the Company and its Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You grant the Company and its Affiliates and sub licensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You submit; that the content is accurate; that use of the content You supply does not violate these Terms of Use and will not cause injury to any person or entity; that the content you supply does and will not infringe any party's intellectual property, publicity, privacy, or other rights and that such content is and will not be defamatory or libelous; and that You will indemnify the Company or its Affiliates for all claims resulting from content You supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content shared by You or any third party through the Site.



DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. In no event shall the Company's liability to You in connection with this site and these Terms and Conditions and the Privacy Policy exceed $500.00.



INDEMNIFICATION

You agree to indemnify the Company and its Affiliates against all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that the Company may incur as a result of Your breach of any of these Terms of Use or any claims brought relating to information submitted by You or actions taken by You. We will provide You with timely notice of any such claim, suit or proceeding.



PRIVACY

Please review our Privacy Policy, which also governs Your visit to the Site, to understand our practices.



GOVERNING LAW; EXCLUSIVE JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of Canada, without giving effect to its conflict of law rules. In the event of any dispute hereunder, You and the Company hereby consent to the exclusive jurisdiction of the court that has jurisdiction over the location of the headquarters of the Company. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.



FORCE MAJEURE

The Company shall have no liability to You for any delay or failure in carrying out its obligations to any customer for reasons beyond the Company's control, including without limitation, acts of God, war or terrorism, natural disasters, charges in or compliance with laws, regulations or governmental policies and shortages of supplies and services. The Company may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to the Company with respect to any undelivered portion of the order so canceled.



GENERAL

By Your continued use of this site, You acknowledge that You have read and understand these Terms of Use and You agree to act in accordance with its terms and conditions and be bound by them. These Terms of Use shall not be altered or modified in any way without the prior written consent of the Company. The company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches.

If You are acting as an agent for a principal (including on behalf of Your employer), You and the principal, jointly and severally, assume all of Your obligations set forth in these Terms of Use.

If any part of these Terms of Use is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of these Terms of Use shall continue to be valid and enforceable to the fullest extent permitted by law.

If you have any questions regarding the Terms of Use for this Site, please contact us at CustomerService@KTMCTY.ca

© KTMCTY CANADA, INC. 2019