MITSUBISHI MOTOR SALES OF CANADA, INC. TERMS AND CONDITIONS

Thank you for visiting the official website of Mitsubishi Motor Sales of Canada, Inc. (MMSCAN). These Terms and Conditions apply to your access to, and use of, any affiliated MMSCAN website where these Terms and Conditions are posted ("Site"). Please read these Terms and Conditions carefully. By accessing or using the Site, you acknowledge that you have read and understand these Terms and Conditions and that you agree to be bound by the Terms and Conditions and any additional terms to which you agree when using particular elements of the Site. If you do not agree to all of these terms, do not access or use the Site.

MMSCAN reserves the right to change these Terms and Conditions or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site and you waive any right you may have to receive specific notice of such changes or modifications. Please review these terms each time you access this site as they may change from time to time. Your continued use of the Site after any change shall indicate your acknowledgement and agreement to be bound by such change. If you do not agree to any changes or modifications to these Terms and Conditions, do not use the Site. Any use of the Site in violation of these Terms and Conditions may result in, among other things, termination or suspension of your right to use the Site.

1. USE IN CANADA

Information on this Site applies to products and services for the Canadian marketplace only. While Mitsubishi Motors vehicles are available in many parts of the world, MMSCAN distributes vehicles only in Canada. If you access this site from outside Canada, you must do so in compliance with the laws of your jurisdiction

Promotional programs described on this Site are available only in those provinces and territories of Canada specifically referred to within the description of the program. Please review the program rules for details and see your Dealer for details.

2. VEHICLES AND PRICING

The information contained on MMSCAN Sites is provided to you for information purposes only and does not in any way constitute advice or an offer to buy or sell any vehicle by MMSCAN.

Mitsubishi Dealers set the actual transaction price. Unless otherwise indicated, prices on the Site for vehicles are manufacturer's suggested retail prices, exclusive of any applicable taxes (including air conditioning excise tax and new tire duties), dealer pre-delivery fees, administration fees, environmental handling fees, PPSA search fees (if financing or leasing), licence and registration fees and extra dealer-installed accessories or equipment. In the province of Quebec, prices on the Site for vehicles are manufacturer's suggested retail prices and inclusive of Dealer pre-delivery charges, air conditioning excise tax and environmental handling fees, and are exclusive of any applicable taxes, new tire duties, administration fees, licence and registration and extra dealer-installed accessories or equipment.

Prices and applicable fees are for information purposes only, subject to change at any time without obligation and may vary by region. These prices are in Canadian dollars and applicable to the Canadian marketplace.

Any calculation of price, tax or finance or lease rates is provided as an estimate for your reference only. You should not use or rely on any of the information on this Site, without limitation any calculations of prices, taxes, finance or lease rates and valuations, as a substitute for the information that is available to you from a Dealer. Dealers are independent and are free to set their own prices and financing terms. Not all Dealers participate in financing programs. In the event that any information on this Site is inconsistent with, or conflicts with, information supplied to you by a Dealer, the Dealer's information takes precedence and supersedes that information. MMSCAN and the Dealers are not responsible for any detrimental reliance you may place on this Site.

Vehicle information, technical data, equipment and options shown are based on the latest information available at the time of printing and are subject to change without notice. Prices, equipment and specifications including standard features, accessories, options and colours are subject to availability and are subject to change without notice. Illustrations are representative only. Colours may vary due to the screen resolution and other factors. Exterior and interior lights on vehicles shown may be illuminated for illustration purposes only. Vehicles may be shown with optional equipment or images may be international models shown. Not all equipment is available on every model or trim. For complete details about equipment configuration and Mitsubishi Genuine Accessories, please contact your Dealer.

Pre-owned vehicle information displayed on the Site is listed and available by Mitsubishi Dealers. These listings are for your convenience only and MMSCAN does not assume responsibility for the accuracy, reliability or appropriateness of the listings of pre-owned vehicle information displayed on the Site. By clicking on the pre-owned vehicle listing, you will be directed to the applicable Mitsubishi Dealer website, which is a third party website that is not operated by MMSCAN. See “Advertisements and Promotions; Third Party Products and Services” below for more details.

3. COPYRIGHT AND USE OF SITE

Unless otherwise indicated, the Site, including all materials contained on the Site (including but not limited to the designs, texts, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof ["Site Materials"]), is the proprietary property of MMSCAN or its licensors and is protected by Canadian and international copyright laws.

You are granted a limited, revocable, non-sublicensable licence to access and use the Site and Site Materials for the purpose of learning about, evaluating, or acquiring MMSCAN products; however, such licence is subject to these Terms and Conditions and does not include (a) any resale or commercial use of the Site or Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site or Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, scraping, robots or similar data gathering or extraction methods, except those used by search engines Google, Bing and Yahoo to crawl and index non-restricted publicly accessible pages in accordance with all limitations provided in the robots.txt file; (e) downloading (other than the page caching during normal operation of your browser) of any portion of the Site or Site Materials, except as expressly permitted on the Site; (f) use of the Site in any manner which is contrary to applicable laws; (g) use of the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the site, or (h) any use of the Site or Site Materials, other than for their intended purpose.

Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of MMSCAN, is strictly prohibited and will terminate the licence granted herein. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable at any time.

4. TRADEMARKS

All trademarks and logos on this Site are owned by Mitsubishi Motors North America, Inc. or Mitsubishi Motors Corporation and are used under licence. All rights reserved. You may not use any metatags or any other "hidden text" utilizing MMSCAN's name, trademark or product or service name it uses without prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MMSCAN and may not be copied, imitated or used, in whole or in part, without MMSCAN's prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services or companies does not constitute or imply endorsement, sponsorship or recommendation by MMSCAN.

5. PRIVACY POLICY

This Privacy Policy explains how personal information about you is collected, used and disclosed by MMSCAN with respect to your use of the MMSCAN website (the “Site”).

6. LINKS

MMSCAN makes an effort to include links to sites that are in good taste and, we hope, of interest to you. Our Site may be linked from another website. We do not control, nor are we responsible for, the content of these sites, and a link to or from our website does not imply endorsement of the other site.

When you visit other sites via links or embedded content, such as the websites of independent Dealers, you should understand that MMSCAN's terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray MMSCAN or its products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an MMSCAN logo or other proprietary graphic of MMSCAN to link to the Site without the express written permission of MMSCAN. Further, you may not use, frame or utilize framing techniques to enclose any MMSCAN trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site, without MMSCAN's express written consent. Except as noted above, you are not conveyed any right or licence by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MMSCAN or any third party.

7. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES

MMSCAN may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. MMSCAN is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-MMSCAN advertisers or third-party information on the Site.

8. SUBMISSIONS

You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about MMSCAN or our products (collectively, "Submissions"). Submissions, whether posted to the Site or provided to MMSCAN by email or otherwise, are non-confidential and shall become the sole property of MMSCAN. MMSCAN shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless MMSCAN and its subsidiaries, independent contractors, affiliates, service providers and consultants, and their respective directors, employees and agents (“MMSCAN PARTIES”), from and against any claims, damages, costs, liabilities and expenses (including but not limited to reasonable legal fees) arising out of or related to (a) your use of the Site; (b) any Submission you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another or (e) your conduct in connection with the Site.

10. DISCLAIMER

While every effort has been made to ensure the accuracy of the material contained in this Site, MMSCAN does not warrant or make any representations regarding the use of the Site in terms of its correctness, accuracy, reliability or otherwise. The Site may include technical inaccuracies or typographical errors, and may require updating or the addition of content. MMSCAN may make changes or improvements at any time and without notice.

This Site and all Site materials are provided on an "AS IS" and “AS AVAILABLE” basis without any warranty of any kind, including statutory, express or implied. To the fullest extent permitted by law, MMSCAN expressly disclaims all representations, warranties and conditions with respect to the Site and its content including, without limitation, any implied warranties of merchantability, non-infringement, fitness for a particular purpose, reliability, completeness and accuracy.

Some jurisdictions do not allow the exclusion of warranties, so the above limitations may not apply to you.

11. LIMITATION OF LIABILITY

The MMSCAN Parties will not be responsible for any damages whatsoever (including, without limitation, indirect, special, incidental or consequential damages) resulting from any loss, injury or damage of any kind including but not limited to loss of use, loss of profits or loss of data arising out of or in any way connected with the use of, or inability to use, the Site, even if MMSCAN has been advised of the possibility of such damages. In any event, the MMSCAN Parties’ total liability to you for all damages, losses and causes of action, whether in contract, tort (including negligence), strict liability or otherwise, shall be limited to five (5) dollars CAD.

Some jurisdictions do not allow the limitation of certain liabilities, so the above limitations may not apply to you. MMSCAN’s liability is limited to the maximum extent permitted by law in such jurisdiction.

12. MODIFICATIONS TO THE SITE

MMSCAN reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof, without prior notice. You agree that MMSCAN will not be liable for any modification, suspension or discontinuance of the Site or any portion thereof.

13. TERMINATION

MMSCAN reserves the right, without notice and in its sole discretion, to terminate your licence to use the Site and to block or prevent your future access to, and use of, the Site.

14. MISCELLANEOUS

These Terms and Conditions, together with any additional terms to which you agree when using particular elements of this Site, constitute the entire agreement regarding the Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and MMSCAN with respect to the Site or the services provided on the Site. These Terms and Conditions are governed by, and construed in accordance with, the laws of the province of Ontario and the laws applicable therein, regardless of principles of conflict of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal, invalid or unenforceable, then such term or condition is eliminated and the remaining terms and conditions will remain in force and effect. MMSCAN's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any disputes related to these Terms and Conditions will be heard only in the courts of Ontario.

Last updated: October 13, 2015