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Website Terms of Use

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU REGISTER FOR AND USE Miles Driven™ PROGRAM WEBSITE AND SERVICES (THE "SERVICE").

BY REGISTERING FOR AND/OR BY USING THE SITE AND SERVICE, YOU CONFIRM THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, AND ALL OTHER AGREEMENTS, TERMS, AND CONDITIONS THAT GOVERN YOUR ACCOUNT(S) AT Miles Driven™ PROGRAM, INCLUDING, WITHOUT LIMITATION, Miles Driven™ PROGRAM MOBILE APPLICATION TERMS & CONDITIONS, Miles Driven™ PROGRAM LOYALTY PROGRAM MEMBERSHIP AGREEMENT, AND THE Miles Driven™ PROGRAM PRIVACY POLICY, ALL AS MAY BE AMENDED FROM TIME TO TIME (COLLECTIVELY, THE "TERMS AND CONDITIONS"). Miles Driven™ PROGRAM RELATED TERMS AND CONDITIONS CAN BE ACCESSED ON WWW.MILESDRIVEN.CA/LEGAL

The “Site” hereby includes the Miles Driven™ Program Loyalty Program (“hereafter referred to as “Miles Driven™ Program Program”) website found at www.milesdriven.ca and all Miles Driven™ Program related social media pages including but not limited to Facebook and Twitter.

Miles Driven™ Program is operated and owned by BTI Brand Innovations Inc. (hereafter referred to as "Miles Driven™"). Miles Driven™ may modify these terms and conditions from time to time at its discretion, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of any part of or the entire Site will constitute your agreement to any such modifications. Your use of the Site (including any submission of Submissions (defined below)) must comply with these terms and conditions, all applicable laws and Miles Driven™ Program policies.

All of the information contained in the Site, including but not limited to vehicle service and maintenance schedules, vehicle specifications, Driven$ transactions, and Earning and redemption amounts, and Membership Status levels, is subject to change without notice.

1) Rights in Site

The Site and all of its content are protected by copyrights, trade-mark, and other applicable intellectual property and proprietary laws, and is owned, controlled, and/or licensed by Miles Driven™ and/or its affiliates or licensors. The Site and its contents are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Site without the expressed written consent of the applicable rights holder.

2) Use of the Site

You may not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt or in any way exploit the contents of the Site. You will use the Site and any contents of the Site solely for lawful purposes. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute available content. You may not take any action to interfere with, or disrupt, the Site or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions. No permission is given to you to link or provide references to our Site and to use any of Miles Driven™ Program's icon, site address, and trademarks to provide such links or references, unless you have written agreement with Miles Driven™’s permission.

3) Submissions

Miles Driven™ may or may not request submissions, including but not limited to reader comments, questions, testimonials, unsolicited manuscripts, transparencies, illustrations or the like (collectively "Submission(s)") to Miles Driven™ or its third party supplier. By accessing the Site you acknowledge that you are responsible for whatever Submissions you submit, and you, not Miles Driven™, have full responsibility for the Submissions, including its legality, reliability, appropriateness, originality and copyright. Miles Driven™ does welcome your comments on the Site however, whether in response to a specific request for Submissions or not, Miles Driven™, its partners, Dealers or its third party suppliers shall have no obligation to review or respond, in any manner, to said Submissions. Notwithstanding the foregoing, Miles Driven™ or its third party supplier reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Miles Driven™, its partners or its third party suppliers do not accept any responsibility for the safe arrival of any Submissions. You agree that any Submission that you submit to the Site or to Miles Driven™ or its third party supplier will be treated as non-confidential and non-proprietary.

Any Submission you do make to Miles Driven™ or to its third party supplier, whether requested or not, shall become the exclusive property of Miles Driven™. By submitting, such submissions, you grant Miles Driven™, its affiliates, Dealers and assignees a worldwide, royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, publish, republish, distribute, edit, store and archive such Submissions in whole or in part in any form or medium whatsoever, without liability and without compensation of any sort. You further irrevocably waive any moral rights with respect to your Submissions, in connection with our exploitation of the rights granted to us in this Agreement. You agree that Miles Driven™ shall be free to use any ideas, inventions, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including but not limited to developing and marketing products and services incorporating such Submissions. In making a Submission, you knowingly and expressly agree with these terms and conditions. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Submissions.

In some cases and at the entire discretion of Miles Driven™, certain Submissions that have been submitted to Miles Driven™ pursuant to a request on any of the Site may be selected in relation to a particular feature identified by Miles Driven™ (a "Selected Submission"). A Selected Submission may or may not be reproduced, in whole or in part, edited or unedited by Miles Driven™.

4) Representations and Warranties

By using or accessing the Site, you represent and warrant that you:

I. Have reached the age of majority in your jurisdiction and have the legal right and ability to accept the terms and conditions of the Site and to use or access the Site in accordance with such terms and conditions;

II. by using and accessing the Site, including referring friends for test drives, referring friends to the Miles Driven™ Program, the redemption of Driven$ for any products or service contained herein or submitting any Submissions, are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;

III. have obtained all necessary approvals, consents and authorizations from any third party to submit any information, including Submissions or personal information, and to delete and/or modify such information;

IV. accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of the Site under your name or account, as well as all use of others using your name or Miles Driven™ Program account on the Site;

V. agree to supervise all persons who have not reached the age of majority in your jurisdiction who use or access the Site, including member accounts; and

VI. have submitted or will submit, or others using or accessing the Site under or using your name or account have submitted or will submit, information, content or material which is true and accurate.

5) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Miles Driven™ MAKES NO WARRANTY, EXPRESS OR IMPLIED CONCERNING THE CONTENT, SOFTWARE OR PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES WHICH ARE PROVIDED "AS IS" AND "AS AVAILABLE". Miles Driven™ DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED DUE TO THE EXPOSURE OR USE OF THE SITES.

Miles Driven™, ITS AFFILIATES, PARTICIPATING DEALERS, ITS LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY AND SHALL IN NO WAY BE RESPONSIBLE OR LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, TIME, INTERRUPTION, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE SITES OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIANCE ON OR USE BY YOU OR ANY OTHER PERSON OF ANY OF THE INFORMATION, OPINIONS OR PRODUCTS ADVERTISED, EXPRESSED, OR OTHERWISE, THAT ARE CONTAINED IN THE SITES OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. PRODUCTS THAT MAY BE ADVERTISED IN THE SITES ARE SUBJECT TO AVAILABILITY FOR WHICH Miles Driven™ ASSUMES NO CONTROL OR LIABILITY. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

6) Security

Password

You may be issued a Miles Driven™ Program user name and password to access portions of the Site. You are solely responsible for protecting your Miles Driven™ Program user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify Miles Driven™ immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.

Web Site Information and Security

The Site (www.milesdriven.ca and all mobile smartphone applications) gives you the benefit of self service from anywhere the Internet is available.

Information you exchange with us online is treated as securely as through any other business channel. We use industry standard encryption software (128-bit secure socket layer) that protects information as it is sent between your browser and our systems. And our data centers are protected by several security mechanisms to ensure that only you can access your information. In general, we require information similar to that required to make an online booking elsewhere.

7) Use of Cookies

We receive and store certain types of information whenever you interact with us. Like many web sites, we use "cookies" to obtain certain types of information when your web browser or mobile device accesses the Site. We use different types of cookies in different ways as is explained in more detail below.

Session Cookies

Session cookies are active only during the period of time you are on the Site and are automatically removed when you close your browser. Session cookies enable important functionality on Www.milesdriven.ca for example when entering mileage, session cookies will retain your selections from the previous page. They are also used to compile statistical data about online activity by you along with the other visitors to the Site. This data is used to understand how the Site is being used and allows us to make improvements to reflect user preferences.

Persistent Cookies

Persistent cookies are entered by your web browser into the "cookies" folder of your computer and remain in this folder after you close your browser. We use First-party cookies, which are used by us to recognize your computer when it revisits our Site; and these are explained in more detail below.

First Party Cookies

First party cookies are used to store member preferences such as your dealer information to ensure you do not have to make the same selection every time you visit Www.milesdriven.ca. First party cookies also allow us to use information about your browser, internet connection and online activity in order to collect and compile statistical data or deliver content about program-related goods and services that may be more relevant to you based on your recent activity on the Site. For example, if you have logged into Www.milesdriven.ca and clicked Keep Me Logged In, a first party persistent cookie may contain your Miles Driven™ Program Number or other encrypted login information. The Settings section on most browsers will tell you how to prevent your browser from accepting new cookies, disable existing cookies, or notify you when you receive a new cookie. However, because cookies allow you to take advantage of some essential features offered by websites, including those offered by Www.milesdriven.ca, we recommend you leave them turned on.

8) Links to Third Party Sites

Our Site provides you with convenient links and references to other web sites. The inclusion of any information, material, content or links on the Site should not be necessarily construed as an express nor an implied endorsement of any third party products or services. Unless otherwise indicated, these third party sites and content are not maintained, operated or controlled by Miles Driven™, and Miles Driven™ does not provide any guarantees regarding these third party sites. You assume sole liability for the use or access of such third party sites and content.

9) Privacy

Our collection, use and disclosure of personal information in connection with the Site is governed by our Privacy Policy, which is posted at www.milesdriven.ca/privacypolicy.php

10) Indemnification

As a condition of your use of the Site and to the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Miles Driven™, its participating Dealers, its affiliates, licensors, related companies, partners, suppliers and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of these terms and conditions; (b) your use or the use by users of your account of the Site and any content contained in the Site; or (c) the submission of any Submissions on the Site made by you or others using your user name and password (if applicable). Miles Driven™ reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.

11) Recourse

If you are dissatisfied with the Site or with these terms and conditions, your sole and exclusive remedy is to discontinue using the Site. In such an event, you agree to destroy all materials obtained by you from the Site and all copies thereof. These terms and conditions shall survive any such termination.

Trademarks

Miles Driven™ Program and Driven$ are Registered Trademarks of BTI Brand Innovations Inc.

Last Updated: January 2014