Welcome to www.gobigo.ca. By accessing this website, you are agreeing to be bound by this TOU, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use or access this website. The materials contained in this website are protected by applicable copyright and trademark law. An important function of this TOU is to alert you that the data presented on this website is not warranted or otherwise guaranteed. Please read this information carefully.
You should check for changes to the TOU each time you visit the site. Big O Tires (1978) Ltd, hereby referred to as Big O Tires Canada may make changes to the TOU at any time.
2. Use License
- Big O Tires Canada grants permission to temporarily download one copy of the materials (information or software) on the website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse-engineer any software contained on the website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- Big O Tires Canada’s licensed applications and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
- Unpublished rights are reserved under the copyright laws of the United States and Canada.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Big O Tires Canada at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on THE website are provided “as is”. Big O Tires Canada makes no warranties, express or implied. Big O Tires Canada hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Big O Tires Canada does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on THE website or otherwise relating to such materials or on any sites linked to the website.
In no event shall Big O Tires Canada or their suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the website, even if Big O Tires Canada or an authorized representative of Big O Tires Canada has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the website could include technical, typographical, or photographic errors. The information contained within this website comes from a variety of sources and includes information that is subject to change without notice. Big O Tires Canada strives to ensure that the information is accurate, complete and up-to-date, but Big O Tires Canada does not guarantee or warrant warrant that the information is accurate, complete or up-to-date; or that your access will be uninterrupted; or that material accessible from this website is free from viruses or other harmful components. Some of the information displayed on these pages changes rapidly. Therefore, the accuracy and timeliness of the data is subject to delays in connectivity across the Internet, your systems and other facilities outside the control of Big O Tires Canada. Therefore, you must independently verify the accuracy of any information presented on the website.
Big O Tires Canada has not reviewed all of the sites linked to this website and are is responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the linked site by either Big O Tires Canada. Use of any such linked website is at the user’s own risk.
Big O Tires Canada reserves the right at any time to modify this TOU and to impose new or additional terms or conditions on your use of the services. Such modifications and additional terms and conditions will become effective immediately and incorporated into this TOU, but will be posted prominently to be reviewed by returning visitors. Your continued use of Big O Tires Canada services will be deemed acceptance thereof. However, Big O Tires Canada makes no commitment to update the materials.
8. Children’s Online Privacy Protection
In accordance with the Children’s Online Privacy Protection Act of 1998, Big O Tires Canada will not knowingly collect personal information from a child under the age of thirteen (13). If Net Driven learns that it has collected information from a child under the age of thirteen (13), Big O Tires Canada will take the necessary steps to delete the information as soon as possible.
10. Data Usage
- You are granted a personal, nontransferable and nonexclusive right to access, display and use individual Data Lookups solely for your own personal use. A “Data Lookup” is the Data associated with a particular vehicle, as typically described by make, model and year, or in some cases, the Data associated with a particular tire size or wheel size or a specific tire line or wheel line within one individual brand of tires or wheels.
- use, display, grant access to, or make copies of or derivative works from the Data or any portion thereof; or
- sell, lease, license, sublicense or otherwise transfer or dispose of the Data, or any portion thereof, in any manner or to any party.
- You will not reverse compile, reverse engineer, or disassemble any portion of our Website that accesses, compiles, retrieves, displays, or otherwise manipulates or uses any of the Data.
- You will not use any robot, spider, scraper, or other automated means to access the Data or any part thereof.
- No right, title or interest in any patent, trademark, copyright, trade secret, or any other intellectual property or proprietary rights in any Data are transferred to you. The Suppliers and its sources are the sole owners of all such right, title and interest.
- Warning: All Data and other information are believed to be reliable, but neither we nor the Suppliers make any representation or warranty with respect to the completeness, quality, adequacy, reliability, accuracy, merchantability or fitness of the Data for any particular use or purpose.WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, QUALITY, RELIABILITY, ADEQUACY, AVAILABILITY OR COMPLETENESS OF THE DATA OR THE SUITABILITY OF THE DATA FOR ANY USE OR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DATA IS PROVIDED “AS IS,” AND WITHOUT WARRANTY OR GUARANTEE, AND ALL WARRANTIES AND GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES AND GUARANTEES. WE DO NOT WARRANT THAT THE DATA WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE DATA WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ASSUME ALL RISK RELATED TO THE DATA AND ITS USE AND MISUSE AND WILL TAKE ALL ACTION NECESSARY OR DESIRABLE TO PROTECT YOURSELF AND ALL OTHER PERSONS AGAINST ANY FAILURE OF THE DATA TO BE ACCURATE, RELIABLE, ADEQUATE, COMPLETE, MERCHANTABLE, OR FIT FOR ANY PARTICULAR USE OR PURPOSE.
- TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE INDEMNITEES (AS DEFINED BELOW) HARMLESS AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, RECOVERIES, SETTLEMENTS, ACTIONS, PENALTIES, COSTS, LOSSES, AND DAMAGES (AS DEFINED BELOW) INCURRED BY ANY OF THE INDEMNITEES, KNOWN OR UNKNOWN, CONTINGENT OR OTHERWISE, PAID OR UNPAID BY THE INDEMNITEES, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO:
- THE DATA, OR ANY USE OR MISUSE THEREOF, OR ANY FAILURE OF ANY OF THE DATA TO COMPLY WITH ANY STANDARD OF CARE, QUALITY, RELIABILITY, ACCURACY, COMPLETENESS, ADEQUACY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE; OR
- YOUR NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS; IN EACH CASE, REGARDLESS OF ANY NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES.
We will notify you promptly of any such liability, demand, claim, recovery, settlement, action, penalty, cost, loss, defense costs, or damages, and will provide you with reasonable assistance, at your expense, in defending the same. We may assume exclusive control of any defense or any matter subject to indemnification by you at your expense if we determine that your defense is not adequate, and you agree to cooperate with us in such event.
The term “damages” (and “DAMAGES”) includes direct, indirect, consequential, incidental, special or other damages related to injury to (including death of) you or any other person, damage to or loss of any property, loss of consortium, loss of opportunity or business or contractual relationship, violation of any right to privacy, defamation of character or reputation against any person, product or other object, mental distress or anguish, loss of use or profits, attorneys and expert fees, arbitrator fees, court and arbitration costs, and all other related fees, expenses, and costs through any appeal, lost profits, business interruption and loss of computer programs or other data, cost of cover, and any and all other types of claims and damages of every kind, nature, and description.
The “Indemnitees” (and “INDEMNITEES”) are us and the Suppliers, and our and the Suppliers’ affiliates, managers, members, shareholders, officers, directors, employees, contractors, agents, sources, licensors, insurers, successors, assigns and representatives.