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Automotive Data Solutions Inc. (“ADS”) provides this website to describe its products and to explain the terms applicable to their installation, use and warranties. By using this website (“Site”) you agree to be bound by these Terms of Use (the “Terms”) and to the collection and use of your information as spelled out in our Privacy Policy. If you are using this Site on behalf of a business or organization, you agree to these Terms for that business or organization and represent that you have the authority to do so (in that case, “you” and “your” refers to that business, or organization). YOU SHOULD READ THESE TERMS AND CONDITIONS BECAUSE THEY MAY LIMIT YOUR LEGAL RIGHTS. PLEASE REVIEW THE ARBITRATION TERMS BELOW AS THEY WILL REQUIRE YOU TO AGREE TO BINDING ARBITRATION. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO ACCESS THIS SITE AND ANYONE PURCHASING OR INSTALLING THE PRODUCTS OF ADS (“Users”). You must be over the age of 18 to use this Site.
By using and accessing this Site, including its content, graphics, registration information, user profile information and any related Site, you agree to comply with ADS’s Terms of Use and all applicable laws. ADS may revise these Terms of Use at any time by updating this posting. Your continued use of the Site will indicate your agreement to be bound by any such revisions. If you do not agree with any of these Terms, do not access or otherwise use the Site, or any of its contents, or use any ADS products. You can view the most current version of these Terms at any time by visiting this webpage.
ADS is a privately held company specialized in the development and marketing of remote start and audio integration solutions destined for the automotive aftermarket. ADS’ award-winning products (marketed under the iDatalink, iDatalink Maestro and iDataStart brands) are sold and installed through a network of Authorized Dealers across North America, South America, Europe and Russia. The warranties for the ADS products and other terms require that you only purchase through an Authorized Dealer. Some of our products are sold under the brands of third parties (i.e. private label sellers) or directly to automobile manufacturers. In such instance, you must review the warranties of these third parties, since ADS does not offer you any warranties. An ADS “Authorized Dealer” is a company which has been qualified by ADS to purchase products directly from ADS for retail distribution or has been approved by one of ADS’ authorized distributors. At various times ADS may offer certain of its products directly to consumers on Amazon.com and it will be considered the Authorized Dealer for purposes of support and warranty services of these products.
WARNING Products which are not sold or installed by an Authorized Dealer are excluded from any ADS warranty. ADS specifically disclaims any warranty or support services for any products you may purchase on eBay.com, Walmart.com and Newegg.com and most internet sites. ADS also disclaims any warranty for any unauthorized copies or clones of its products as described below. To find an authorized retailer, visit https://www.adsdata.ca/our-brands/.
A User or Authorized Dealer purchasing any ADS product or ADS service directly from ADS is solely responsible for the payment of all provincial, state, local, sales, excise, service or other taxes relating to or arising from any such purchase. You are not responsible for any taxes relating to the income of ADS.
ADS’ products are strictly intended for installation by certified automotive aftermarket electronics technicians (“Certified Technicians”) who are employed by a registered business specializing in the installation of automotive aftermarket electronic products.
Prior to beginning installation of an ADS product in a vehicle, a Certified Technician must review the most current Product Guide and vehicle-specific notes available at ADS via Weblink® or through ADSdata.ca. ADS only provides sufficient documentation to enable a Certified Technician to perform an error free installation when following the available ADS documentation. The failure to review the most current available documentation may result in serious damage to a customer’s vehicle. ADS also offers Certified Technicians toll-free telephone support at 1-866-427-2999 for technical inquires during normal business hours, or visit our iDataTech Facebook Group.
ADS may in its sole discretion suspend any ADS online or Weblink ® account without notice and decline to offer technical support to any non-certified Technicians, non-compliant Certified Technicians, or individual Users.
ADS is not responsible for any damage whatsoever caused by a professional installer to a User’s vehicle, including but not limited to any direct, consequential or incidental damages, damages for loss of time, earnings, business, profits, economic opportunity and the like that may result from the use, misuse, improper installation or operation of its products.
ADS’ products are technical and complex products which interact with expensive vehicle systems. The failure to install an ADS product properly may result in thousands of dollars of damage. These products are intended for installation by professionals.
If you decide to self-install any ADS products you must review the most current Product Guide, Installation Guide, User Guide, Owner’s Manual and any other vehicle-specific notes available at ADSdata.ca or ADS’ Weblink®. You are solely responsible for determining if you have sufficient technical knowledge of your vehicle’s systems to avoid installation errors which may damage expensive vehicle components.
ADS’ support services are generally intended for Certified Technicians with some exceptions. If you are the customer of certain authorized resellers or are having issues installing the Maestro line of products our technical support team may, in our discretion, offer limited advice with installation issues.
ADS is not responsible for any damage arising from or caused by a self-installer to the ADS product or to the User’s Vehicle, including any direct or consequential damages whatsoever. By performing a self-installation of any ADS product, User releases ADS from any claims for damages it may have or may arise as a result of the self-installation.
Covered ADS products include iDatalink (for transponder bypass / remote starter interface modules); iDatalink Maestro (for radio interface modules) and iDataStart (integrated remote starters and security systems).
Unless specifically stated otherwise herein, all ADS products are covered by a limited 1-year warranty against defects in material and workmanship under normal use from the date of first purchase by the original purchaser. The full period of warranty will not extend past 18 months from the original date of manufacture (which can be found on the product’s production label). This warranty does not apply if, in the judgment of ADS, the product has failed due to damage from handling, storage, accident, abuse or misuse, liquid spill or submersion, neglect, extreme environment, Acts of God, other external causes or if it has been used or maintained in a manner not conforming to product's instructions or has been modified in any way. In addition, the warranty will not apply if:
In the event any ADS products malfunction during their warranty period, the original purchaser must return the product to the Authorized Dealer where it was originally purchased with the proof of purchase. If a malfunction is detected, the Authorized Dealer, in its sole discretion, may elect to repair or replace the product. Labor costs may be applicable at the discretion of the Authorized Dealer. In servicing your product, the Authorized Dealer or ADS may use refurbished parts that are equivalent to new in performance and reliability. The Authorized Dealer or ADS may retain the replaced parts or product that is exchanged during service as its property and the replacement part or product will become User’s property.
Any attempt to repair an ADS product by anyone other than ADS or an Authorized Dealer voids this warranty. Except as provided in the above warranty and the limitation of liability sections herein, ADS does not provide refunds for any service requests.
ADS offers the original purchaser of the iDataStart product a warranty that the following components shall be free of defects in material and workmanship:
The iDataStart Limited Warranty is automatically void if:
ADS provides you with a limited, personal, nontransferable, revocable license to use the Site Materials (as defined below) solely for your use or for the use of a registered business and not for any other entity or person. The foregoing license is not a sale and ADS and our affiliates, partners and suppliers retain all rights therein. In consideration of this authorization, you agree that any copies of information obtained from this Site shall display all copyright, trademark and all other proprietary notices of ADS or its affiliates. You agree that that all artwork, including all graphics, logos and product designs, shall not be used separately from the accompanying text as depicted in the Site. Any other use of the Site Materials, including but not limited to any commercial use or reproduction, distribution, modification, adaptation or republication, without the written permission of ADS is expressly prohibited and void. ADS reserves all rights not expressly granted under these Terms.
If you or your Certified Technician intend to install vehicle-specific data on an ADS product (e.g., iDatalink, iDataStart) you will need to obtain access to the ADS Weblink software (“Weblink”). ADS grants to you a non-exclusive, non-transferable license to use Weblink and its documentation, solely for your personal use on the designated vehicle in a manner consistent with the terms of this Terms of Use. Weblink is provided in, and may only be used in, machine-readable object code form. Any copy of Weblink must reproduce and include ADS’ copyright notice, and the copies and the media on which they are stored shall be and remain the property of ADS. These Terms of Use shall apply to all such copies as it applies to Weblink and the documentation.
You agree that it is necessary for ADS to collect, process and use your data in order to process sales, perform services and confirm compliance with applicable laws. ADS will maintain and use your personal data in order to allow you to obtain the services and benefits available under these Terms of Use. ADS will not use this information for marketing purposes without obtaining your consent. If you wish to access or correct the information ADS holds about you, you may contact ADS at the email address provided below.
Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found below and at www.adsdata.ca/privacy.
From time to time, we may issue upgraded versions of the Site. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Site is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. We may add or remove features, and while we will do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change the Site at any time without prior notice. We may also remove content from the Site at our discretion. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.
Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other material or works of authorship (the "Site Materials") are copyrighted Materials owned by or licensed to ADS. The Site Materials contain trademarks, service marks and trade names which are owned by ADS and its affiliates and may also contain company and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners.
ADS reserves the right to revoke the license granted herein and any authorizations at any time, and any such use by you shall be discontinued immediately upon notice from ADS. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of ADS, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights are expressly reserved to ADS its affiliates, and/or any third party, as applicable.
The Site may be linked to other Websites on the Internet that are not affiliated with, or under the control of ADS. If you use these links, you may leave the Site. ADS has not reviewed all these third-party sites and does not control and is not responsible for any of these sites or their content. ADS does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk. When using any third-party website take notice of when you are leaving the Site and review the terms and conditions and privacy policy of such third-party before beginning your use.
You and any User, Certified Technician or any third party having access to this Site or acting on your behalf shall not (i) attempt to copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute all or any portion of any ADS product or any ADS software or Documentation (as applicable) in any form or media or by any means; (ii) attempt to reverse compile, disassemble, reverse engineer or use any other means to reverse engineer any ADS product or related software; (iii) scan, probe or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; (iv) attempt to reverse engineer any software resulting from any combination any ADS module and software downloaded from Weblink; and (iv) access or use any part of an ADS product or documentation to build a product or service which competes with any of the ADS products.
You acknowledge that you are expressly prohibited from utilizing this Site in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Site or ADS. You may not use, frame, or utilize framing techniques to enclose any ADS trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of ADS. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site or any ADS system or network or networks connected to the Site.
In consideration of your visiting and using the Site, you represent that you are able to form a binding contract. You also agree that any information you provide about yourself is accurate and complete information at the time provided. You agree to update any information provided to ADS to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about you is reasonable grounds for ADS to suspend or terminate your account and refuse you service in the future.
Certain areas of the Site, including Weblink, may be password restricted to registered Users ("Password-Protected Areas"). If you have registered as a User or a Certified Technician to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to promptly notify ADS if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify ADS of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
ADS has identified certain companies as offering illegal and unauthorized copies or derivative works of its products and software. These are most often found in “kits” for modifying specific brands and model years of automobiles. Since these unlicensed products are generally cheap imitations of ADS’ quality products, ADS has not had an opportunity to test the quality and reliability of these kits. ADS does not offer any support or warranty for these illegal bootleg products.
In order to protect you from fraud, ADS may require additional proof of identity or authorization to provide services or complete transactions, including signed credit card authorization forms and/or copies of public documents such as a driver’s license.
ADS respects the intellectual property of others, and we ask our Users to do the same. ADS may, in appropriate circumstances and at our discretion, terminate service to Users who infringe the intellectual property rights of others. If you believe that any content on this Site infringes your copyrights, please contact ADS’s designated agent for receiving such notification in writing as follows:
Legal Department
Automotive Data Solutions, Inc.
8400 Bougainville
Montreal, Quebec H4P 2G1
Canada
Please provide ADS with the following (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Online behavior requires common sense and basic etiquette. Accordingly, you agree to the following being prohibited behavior as condition of accessing the Site:
Content from the Site, including but not limited to any User profile information such as Users’ names, e-mail addresses, or user contact information may not be taken from the Site and used for any purpose. You agree that you will not use any names, e-mail addresses and other contact information from User profile information or the pages and postings on this Site for the purpose of solicitation. You agree that you will not send any unsolicited e-mails to our Users and will not use the Site to send unsolicited e-mails to any third parties.
You are responsible and liable for your data and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using the Site. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record, or otherwise do while using the Site.
ADS reserves the right from time to time to make changes to the Site. These changes may include discontinuing, temporarily or permanently, any service offered by, or through ADS (or any part thereof) with or without notice. You agree that ADS shall not be liable to you for any changes to the Site.
You agree that, under certain circumstances and without prior notice, ADS may terminate your access to the Site, including purging your User account and any material and information associated with your User account (including your User name, password, and profile). Cause for such termination shall include, but not be limited to, violation of these Terms of Use. You agree that all terminations for cause shall be made in the sole discretion of ADS and that ADS shall not be liable to you or any other party for the termination of your access to the Site or the purging of any material.
TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THESE TERMS OF USE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE INFORMATION AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADS ASSUMES NO RESPONSIBILTIY FOR YOUR ABILITY (INCLUDING ANY RELATED COSTS) TO OBTAIN ACCESS TO THE SITE. ADS DOES NOT ASSUME ANY LIABLITY FOR ITS FAILURE TO STORE OR MAINTAIN ANY COMMUNICATIONS, INFORMATION OR PERSONAL SETTINGS. ADS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO YOUR USE OF THIS SITE OR THE ADS PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR THE ADS PRODUCTS.
ADS MAKES NO WARRANTY THAT: (i) THE INFORMATION OR SERVICES PROVIDED ON THE SITE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICES PROVIDED ON THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE ON THE SITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE OPERATION OF THE SITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
BECAUSE ADS IS NOT DIRECTLY INVOLVED IN TRANSACTIONS BETWEEN USERS AND INSTALLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN USERS, INSTALLERS OR OTHER PARTICIPANTS, EACH PARTY RELEASES ADS (AND ITS EMPLOYEES AND AGENTS) FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, SUCH DISPUTES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR AUTOMOBILE or COMPUTER SYSTEM, OR DUE TO THE LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL. ADS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADS OR FROM ANY SERVICE PROVIDED ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
IF YOU ARE AN INDIVIDUAL USER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO THE ADS PRODUCTS AND SERVICES PROVIDED UNDER THIS TERMS OF USE. PLEASE REFER TO YOUR LOCAL CONSUMER AGENCY FOR ADDITIONAL INFORMATION ABOUT YOUR RIGHTS. If not covered by the foregoing rights, ADS shall not be liable to you or any third party claiming through you for any damages in connection with your use of any ADS product, your inability to use the Site or any content appearing on the Site caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or of any unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. In no event will ADS be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, loss of time lost revenue, lost profits, commercial loss, loss of economic opportunity, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether ADS has been advised of the possibility of such damages. These limitations may not apply in cases of personal injury, death, or fraud. As the purchaser of an ADS product(s) your sole remedy is a refund of the purchase price of the ADS product(s). In no event will the total, cumulative liability of ADS for damages under this Agreement exceed five hundred Canadian dollars ($500.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless ADS, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you on the Site, including, or by your use of the Site, or by your violation of ADS 's Terms of Use, or your violation of any law, regulation, privacy or other rights of any third party.
ADS may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by ADS. ADS reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. ADS is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. ADS may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Site after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the ADS products or the Site.
For any dispute with ADS you agree to first contact ADS at legal@adsdata.ca with a detailed statement of all of the facts and issues in dispute (the “Dispute”). You shall attempt to resolve the Dispute with ADS informally and/or by mediation. In the unlikely event that ADS has not been able to resolve a Dispute it has with you after attempting to do so informally for a period of not less than ninety (90) days, we each agree to resolve any Dispute, claim, or controversy (excluding any ADS claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof, or any transaction relating to the ADS Products or their warranties or the Site by binding arbitration. For Users in Canada, arbitration will be conducted in Montreal, Quebec by the Canadian Arbitration Association (“CAA”) under its then-current commercial arbitration rules.
For Users in the United States, or any other country, arbitration will be conducted in New York, New York by the American Arbitration Association (“AAA”) under its then-current commercial arbitration rules. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees in accordance with CAA or AAA rules.
The award rendered by the arbitrator shall include the costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have no authority to alter or amend any of these Terms of Use or any agreement between the parties.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, IP rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and ADS are each waiving the right to a trial by jury or to participate in a class action.
These Terms of Use and the relationship between you and ADS shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions. You and ADS agree to submit to the personal and exclusive jurisdiction of the courts located within Montreal, Canada or New York, New York as set forth above.
ADS administers and operates this Site from its offices in Montreal, Canada. Although the Site is accessible worldwide, not all products, features or services discussed, referenced, or offered through the Site are available to all persons in all geographic locations. ADS reserves the right to limit, in its sole discretion, the provision and quantity of any product, feature or service to any geographic area or person. If you choose to access the Site from outside Canada, you do so on your initiative, and you are solely responsible for complying with applicable local laws.
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.
ADS is not responsible for any failure or delays in performing any service or delivery of any part or product that are due to acts of God, pandemic or other events outside ADS’ reasonable control
The failure of ADS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of Use shall remain in full force and effect.
If any of the provisions of this Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term may limited to the minimum necessary and replaced with a valid provision that best expresses the intent of the terms, that the terms shall remain in full force and effect.
You agree that your ADSdata.ca User account is non-transferable and your access to your account or its contents may be terminated at any time in ADS’s sole discretion for breach of these Terms of Use, fraudulent or illegal activity or based on inactivity and lack of transactions on the Site.
You agree that any claim or cause of action that you have arising out of or related to use of any services provided on our Site, any product warranties or these Terms of Use must be filed within one (1) year after the date that such claim or cause of action arose or be forever barred.
These Terms of Use constitute the entire agreement between you and ADS and govern your use of the ADS products and the Site. No employee or agent of ADS has the authority to vary any of the terms and conditions governing these Terms of Use. These terms may not be amended for a specific User, except by a signed written agreement between ADS and the User.
An estimate for the cost of repairs (California Business and Professions Code §9844) shall be given to the User by the service dealer in writing. The service dealer may not charge for work done or parts supplied in excess of the estimate without the prior consent of the User. Where provided in writing the service dealer may charge a reasonable fee for services in determining the nature of the malfunction in preparation of a written estimate for repair. For additional information, contact the Bureau of Household Goods and Service, Department of Consumer Affairs, Sacramento, California 95814, U.S.A.
A buyer of an ADS product in California has the right to have this product serviced and repaired during the warranty period. The warranty period will be extended for the number of days that the product has been out of the User’s possession for warranty repairs. If a defect exists during the warranty period, the warranty will not expire until the defect is fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays beyond the User’s control, or if the warranty repairs did not remedy the defect and the buyer notifies ADS or the seller of the failure of repairs within 60 days after they are completed. If, after a reasonable number of attempts, the defect has not been corrected, the User may return the product for a replacement or refund subject, in either case, to a deduction of a reasonable charge for usage. This time extension does not affect the protection or remedies the User has under the law.
If you have questions regarding these Terms of Use, you should contact ADS by e-mailing legal@adsdata.ca and writing "Terms of Use" in the subject line. You may also write to Automotive Data Solutions, Inc. 8400 Bougainville, Montreal, Quebec H4P 2G1, Canada.
Dated: March 22, 2021
Automotive Data Solutions (“ADS”) is committed to protecting the privacy rights of all the individuals with whom it deals. ADS will take every step to maintain the confidentiality of your Personal Information (as the term is defined below). This Privacy Policy applies to ADS’s websites. This Privacy Policy governs ADS’s websites, use and/or disclosure of an individual’s Personal Information.
ADS collects your personal information to help deliver a superior level of customer service. It enables ADS to give you convenient access to its products and services and focus on categories of greatest interest to you. In addition, your personal information helps ADS when it comes to keeping you posted on the latest product announcements, software updates, special offers, and events that you might like to hear about.
By using this site, you agree to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use or access this site and any content, services or products contained in or available from this site.
For the purpose of this Privacy Policy, personal information is the information identified in this Privacy Policy which is information about an identifiable individual (“Personal Information”). Personal Information does not include the name, title, business address or business telephone number of an employee of an organization. In order to use the Website, it is not necessary for you to provide any information that identifies you personally. In general, you can visit our Website without telling us who you are or revealing any Personal Information. However, if you want to access certain features offered through this Website, it may be necessary to provide Personal Information.
We may also ask for certain Personal Information when you send us a comment or question, or when you request certain information through our Website. If you do not want to give us any Personal Information, you can choose not to use those features of our Website.
Generally, there are three forms of information that ADS collects online: Website Visitor Information, Personal Information and Non-Personal Information.
ADS routinely gathers information on Website activities, such as data on how many people visit the Website, the pages they visit, where they come from, how long they stay, etc. Website visitor information is collected on an aggregate, anonymous basis, which means that no Personal Information is associated with this data. Such information is gathered through the use of web server logs. A web server log is a file where Website activity is stored.
Personal Information is collected on certain pages of the Website. If you decide to contact ADS online to ask a question, learn more about a product or register a recently purchased product, download certain software or service applications, place an order for products or inquire about products you may already own, you will find that those contact forms ask for certain types of Personal Information to assist us in complying with these requests.
ADS may also ask you to provide Personal Information, some optional, some required, on specific pages of the Website. The information requested may include your name, address, e-mail address, shipping information, phone number, product model and serial numbers and your dates of purchase, credit card and/or debit card information and your comments. Personal Information may be forwarded to an ADS business unit or the appropriate ADS affiliate that is equipped to handle your order, inquiry or feedback.
Personal Information is also collected by means of warranty cards, trade show information, e-mail, voluntary online surveys and as part of any entry for a contest or other promotion. If you choose to enter a contest or other promotion we conduct, you will be required to submit certain Personal Information, such as your name, e-mail address, street address and phone number. We will use the required Personal Information you submit to us for promotion administration purposes, such as notification of winners.
ADS also collects information that, alone, cannot be used to identify you (referred to as “non-personal information”) through this Website. Examples of types of non-personal information that we may collect include gender, age, survey responses, IP addresses and data stored in cookie files. We describe IP addresses and cookies in more detail below:
Internet Protocol Addresses. An Internet Protocol (IP) address is a number automatically assigned to your computer whenever you access the Internet. This number does not identify your name, e-mail address or other Personal Information. If you request information from this Website, our server will enter your IP address into a log. We use this information to measure Website traffic, to help us to understand how people are using our Website and to hopefully improve your online experience.
Cookies. This Website may gather certain non-personal information through the use of “cookies.” “Cookies” are small text files that recognize repeat visitors, facilitate ongoing access to some sites, and allow sites to understand how and when pages are visited and by how many people. Visitors who are concerned about the use of cookie technology may opt to enable a feature in their browser software that will erase cookies, block all cookies, or warn the user before cookies are stored or exchanged. Please be aware however, that some parts of this Website may no longer function properly if cookies are disabled.
We use your Personal Information for three general reasons. First, we use Personal Information to provide you with the services that you request. Second, we may use your Personal Information to send you additional information about our products or information about other products and services in which you might be interested, provided you “opt-in” to receiving such information. Third, we may use your information in aggregate form to help us evaluate and modify existing services, and to help us develop additional services that are likely to be of interest to our users. You can always choose not to be contacted or to “opt-out” on the registration screen on which your Personal Information is entered. If you later decide that you do not want your Personal Information used for these purposes, you may opt-out by sending an e-mail or letter to us.
Furthermore, we may use the Personal Information you provide about yourself when placing an order or registering for warranty or out of warranty service to complete that order or service registration and to provide you with information about other ADS products and promotions that may be of interest to you.
In the course of growing or restructuring our business, we may also purchase the assets of another company or sell the assets of our company. During these transactions, information about customers is frequently considered a business asset that is the subject of such a purchase or sale. Also, in the unlikely event that ADS’s assets are acquired or subject to liquidation in bankruptcy, Personal Information may be transferred as well.
ADS’s responsibility to keep your information private is taken very seriously.
Your Personal Information may be shared with our employees, independent contractors, agents or other related and unrelated ADS entities and/or business partners acting on our behalf to: (i) fulfill and/or ship an order or provide a product or service you have requested; (ii) provide an award; (iii) provide mail-in or other rebate on the products that you may purchase; (iv) conduct customer surveys for the purpose of marketing; and/or (v) collect debt or other payments.
We do not share your Personal Information with non-ADS companies except to the extent necessary to complete the above functions and, when we do share it, it is subject to their agreement to both treat it as confidential business information and to fully comply with all applicable privacy laws and also with the understanding that it may not be used for any purpose other than to perform their function. In so doing, ADS may share your Personal Information as follows:
ADS Operations and Maintenance Contractors: ADS may share your Personal Information with third party contractors as is necessary to respond to your requests for products and information, unless you have opted-out of receiving information. Third-party contractors may access your Personal Information in order to send you information on behalf of ADS. ADS also may hire third-party technology providers to host this Website and to store your Personal Information.
Rest assured, ADS will only provide Personal Information to third parties on an “as needed” basis and provided that such third parties have privacy policies in place.
Personal Information that does not have a specific purpose or that no longer fulfills its intended purpose will be destroyed in a secured fashion. ADS will only retain Personal Information for the duration of its intended use or as otherwise required by law.
As a convenience to our visitors, the Website may contain links to a number of sites that we believe may offer useful information. When you click on one of these links, you will be transferred from the Website and be connected to the site of the organization or company that you selected. This Privacy Policy is no longer applicable when you leave our Website by way of link. Each of these linked sites maintains their own independent privacy policies and procedures, which you should consult before providing any of your Personal Information.
ADS works hard to ensure that our systems are secure and that they meet industry standards. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal Information we collect online.
ADS makes every effort to keep Personal Information accurate, complete and current. ADS will update any changes to Personal Information when received. If ADS holds Personal Information about an individual which can be established by the individual to be inaccurate, incomplete or not up-to-date, ADS will take reasonable steps to correct it.
If you would like to access your Personal Information, or request that your Personal Information be modified, corrected or removed from our database, please contact ADS. ADS will make all reasonable efforts to respond within thirty (30) days of your request. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. ADS will use reasonable efforts to supply you with this information and to correct any factual inaccuracies that you identify.
ADS reserves the right to modify, add or remove portions of this Privacy Policy at any time and from time to time, acting in its sole and unfettered discretion. If we decide to change this Privacy Policy, we will post those changes on the Website, which will be effective immediately upon posting. ADS reserves the right to change, modify or withdraw access to this site at any time with or without notice.