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Canadian Black Book

Black Book® is a registered trademark of Hearst Business Media Corporation.
© 2022 Hearst Business Media Corporation. All rights reserved.

Terms of Use

Canadian Black Book Terms of Use

GENERAL

These Terms of Use (“Terms”) govern your access to and use of the products and services made available on our consumer website located at www.canadianblackbook.com, our business customer website located at www.canadianblackbook.com (collectively, the “Websites”), as well as our mobile application for business customers (the “App”). The Websites and the App will hereinafter be referred to as the “Platform”. The Platform is owned by Hearst Business Media Corporation (“HBM”) and operated under license by Canadian Black Book, Inc. (“CBB” “we”, “us”, “our”).

Our Platform contains information for and is designed for use in Canada and for those requiring Canadian vehicle information. If you access the Platform outside Canada, you will hold CBB harmless in the event that accessing information on the Platform is in violation of your local laws. Exporting information from the Platform is subject to all export laws and you will hold CBB harmless should any export of information from the Platform be considered a violation of local laws.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING OUR PLATFORM. By accessing and using the Platform, you agree to be bound by all the Terms set forth herein. A copy of these Terms may be downloaded, saved and printed for your reference.

OUR PRODUCTS AND SERVICES

Information on the Platform is provided for general purposes only. Information should not be relied upon, as it is provided for you to select the product or service that you feel is most appropriate to meet your needs. You should always check the suitability, adequacy and appropriateness of the product or service that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any product or service. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this Platform, we suggest that you seek independent professional advice before you obtain any product or service via the Platform.

Please be aware that nothing on the Platform is, or shall be deemed to constitute, an offer by us or any third party to sell to you any product or service. Nor will we enter into any contract with you in respect of any product or service. By submitting your details, you are making an offer to obtain the relevant product or service from the relevant third party on its terms and conditions that may be accepted or rejected. The contract for the product or service will only be concluded once your offer has been accepted.

ELIGIBILITY

By accessing and using our Platform, you confirm that you are at least the age of majority in your jurisdiction of residence.

OWNERSHIP / RESTRICTIONS ON USE

Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, trade names and other information including, without limitation, the “look and feel” of the Platform (collectively, the “Content”) contained in the Platform are proprietary to CBB, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content, in whole or in part, without the express prior written consent of CBB. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of CBB. To request written consent for such reproduction, please contact us at info@canadianblackbook.com.

ACCOUNT CREATION FOR BUSINESS CUSTOMERS

To access and use certain portions of our Platform, such as CBB Online+ and CBB Connect, you will be required to create an account. In consideration for your use of our Platform, you agree to provide current, complete and accurate information as requested during account creation, and to update that information as soon as possible after any information changes.

Upon account creation, you will be provided with a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on the Platform using such password or username. You agree to immediately notify CBB of any unauthorized use of your password or username or any other breach of security.

APP UPDATES AND UPGRADES FOR BUSINESS CUSTOMERS

You acknowledge that CBB may from time-to-time issue updated or upgraded versions of the App and may (subject to your device settings) automatically electronically update or upgrade the version of the App that you are then currently using on your mobile device. You consent to receive updates or upgrades to the App automatically without providing further consent each time. The App (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the App description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy[A1] . We are not responsible if an update or upgrade affects how the App works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time by uninstalling the app or by contacting us at info@canadianblackbook.com.

USER-GENERATED CONTENT

The Platform may permit the submission of content, such as comments, feedback and testimonials generated by you (“User Content”).

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, feedback, suggestions or other ideas that you submit to or post or publish on the Platform is non-confidential and non-proprietary and that we may adopt, adapt or otherwise use any User Content (in whole or in part) without any compensation or notice to you.

By submitting User Content, you represent and warrant to CBB that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize CBB to use and reproduce your User Content as contemplated in these Terms, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate CBB’s User Code of Conduct set forth below.

As between you and CBB, you will retain all of your ownership rights in and to your User Content. By submitting User Content to our Platform, you hereby grant to CBB a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that CBB (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also waive your moral rights to the User Content, and hereby grant each user of the Platform a non-exclusive license to access your User Content through the Platform.

CBB does not endorse any User Content or any opinion, recommendation, or advice expressed therein. CBB reserves the right but is not obligated to monitor User Content or other content sent to or through the Platform. CBB has the right to refuse, remove or delete any User Content and/or to terminate any user’s account and access to the Platform if CBB determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms. CBB takes no responsibility for and expressly disclaims any and all liability in connection with any User Content.

USER CODE OF CONDUCT

By submitting User Content and as a condition of your continued access to and use of our Platform, you agree to abide by all applicable federal, provincial, territorial, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:

  1. submit any User Content that is protected by or otherwise subject to any third-party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant CBB all of the rights granted herein;
  2. upload, post, comment, e-mail or otherwise transmit any statements, material or User Content that:
    1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
    1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison;
    1. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
    1. otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction.
  3. harvest or otherwise collect or store any information (including personal information) about other users of the Platform, including e-mail addresses, without the express consent of such users;
  4. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Platform;
  5. attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform, through password mining or any other means;
  6. interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks;
  7. create, check, confirm, modify, or amend your own or another person’s databases, records or directories; and
  8. use, download or otherwise copy, or provide to any person or entity any Platform users directory or other user or usage information or any portion thereof other than in the context of your use of the Platform.

CBB retains the right, at its sole discretion, to deny use of the Platform to anyone, at any time and for any reason, including, but not limited to, for violation of these Terms. You will cease and desist from using the Website immediately upon request by CBB to do so.

LINKING

It is our goal to provide increased value to visitors to our Platform. Therefore, our Platform might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from CBB and that CBB has no control over the content of such websites. Consequently, CBB cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW WHICH FOR CONSUMERS INCLUDES THE PROVINCE OF QUEBEC, YOU AGREE THAT CBB IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR IN CONNECTION WITH YOUR USE OF ANY THIRD PARTY WEBSITES OR FOR ANY ACTS, OMISSIONS, ERRORS OR DEFAULTS OF ANY THIRD PARTY IN CONNECTION WITH THEIR WEBSITE OR ARISING FROM YOUR DEALINGS WITH THE THIRD PARTY.

The links which we might place on our Platform do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites. Nothing contained herein shall be deemed to constitute a partnership, joint venture or other relationship between the operators of the linked sites and CBB.

Your use of any third party website will be governed by the terms of use and privacy policy applicable to that website. Such terms of use and privacy policy will be different from these Terms and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms of use and privacy policy of any third party website before using that website. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms of use and/or privacy policy.

DISCLAIMER/LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, WHICH FOR CONSUMERS INCLUDES THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Although we strive to update and keep accurate as much as possible the Content contained on the Platform, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times.

ACCORDINGLY, THE PLATFORM, INCLUDING THE CONTENT, ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CBB DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CBB DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES CBB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE PLATFORM.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Platform, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that CBB is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

IN NO EVENT SHALL CBB, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AGENTS, LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE PLATFORM OR THE CONTENT INCLUDED THEREIN BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM, ITS SERVICES OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE PLATFORM, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICE AVAILABLE THROUGH THE PLATFORM THAT IS DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE PLATFORM. IN NO EVENT SHALL CBB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING THEIR OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM.

INDEMNITY

You agree to indemnify and hold harmless CBB, its affiliates and its and their respective officers, directors, employees, contractors, agents, and licensors from and against any and all losses, expenses, damages, claims, actions, demands, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (1) your (or anyone acting under your password or username) use of this Platform, including CBB’s products and services (2) any alleged violation by you of these Terms or (3) any actual or alleged infringement of third party intellectual property or other proprietary rights in connection with the User Content.

PRIVACY

Please click here to review our current Privacy Policy [NTD: Insert hyperlink to privacy policy], which contains information about the manner in which we collect, use, disclose or otherwise manage personal information. 

CHANGES AND TERMINATION

CBB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. Further, CBB reserves the right to change these Terms at any time and to notify you by posting an updated version of the Terms on its Platform. You are responsible for regularly reviewing the Terms, including, without limitation, by checking the date of “Last Updated” at the top of this document. Continued use of the Platform after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Platform constituting consideration from CBB to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms (2) any policy or practice of ours in operating the Platform or (3) any Content available through the Platform, is to stop purchasing our products or visiting and using the Platform.

TRADEMARKS

“Black Book” and “Canadian Black Book” are trademarks of HBM. Other marks, graphics, typefaces, trademarks and logos appearing on the Platform are trademarks or trade dress of HBM. All other trademarks appearing on the Platform are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express prior written consent.

APPLICABLE LAWS AND SEVERABILITY

For Consumers: The validity, interpretation, construction, and performance of these Terms shall be governed by the laws in effect in the province or territory in which you reside. The parties hereby consent to the exclusive jurisdiction of the courts of the province or territory in which you reside.

For Businesses: You agree that all matters relating to your access to or use of the Platform shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the principles of conflict of laws. You agree to submit to the exclusive personal jurisdiction of the courts of the Province of Ontario sitting in Toronto.

If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms, by posting notices or links to such notices on the Platform itself.

LANGUAGE[A2] 

It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigé en anglais.

ENTIRE AGREEMENT

These Terms, along with our Privacy Policy, any other legal notices or statements posted on the Platform, constitute the entire agreement between you and CBB and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by CBB as set forth above.

MISCELLANEOUS

Any failure by CBB to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision. The section headings used herein are for convenience only and shall not be given any legal import.

ADDITIONAL LICENSE TERMS APPLICABLE TO BUSINESS CUSTOMERS[A3] 

Apple iOS

If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

  • The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the App and content thereof is governed by these Terms of Use.
  • Notwithstanding anything to the contrary hereunder, you may use the App only on an iPhone or iPod touch that you own or control.
  • You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.
  • Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.
  • Any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
  • You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
  • You may contact us in writing regarding any notices, questions, complaints or claims with respect to the App:

info@canadianblackbook.com

  • Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.
  • If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the Apple Media Services Terms and Conditions (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or Apple Media Services Terms and Conditions, as applicable, will apply to the extent of such inconsistency or conflict.

Google Play

If the App is provided to you through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:

  • You acknowledge that Google is not responsible for providing support services for the App.
  • If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

CONTACT

If you have any questions or comments regarding these Terms, please contact us at info@canadianblackbook.com.