Terms and Conditions

Conditions

Welcome to the Internet site of Commander. This Internet site includes various Web pages and is owned and operated by Commander™.

PLEASE TAKE NOTE OF THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this Internet Site as well as all services offered on this Internet Site are subject to the legal terms and conditions outlined below. 

Your use of this Internet Site in any manner, including browsing and/or referring to it, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Commander™ reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the Commander™ .com website signifies your acceptance of such revised Terms and Conditions; therefore, we recommend you to read them carefully each time you use this Internet Site.

Please note that the guidelines, policies and other terms and conditions of use in our catalogues and in other Commander™ affiliated or co-branded websites may vary.

Please also note that products, prices and promotions on the website and in our catalogues may vary.

Please also see our Policy section on the site.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may copy electronically or print hard copies of any of the Web pages from this Internet site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Commander™ . Except when the express written authorization of Commander™ is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet site. Commander™ reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet site.

PROHIBITED OR UNLAWFUL USE

You warrant to Commander™ that you will not use this Internet site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Internet site or even in a manner that could harm the reputation of Commander™ . You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet site. COMMANDER™ EXPRESSLY PROHIBITS ANY UNAUTHORIZED THIRD PARTY LINKING TO COMMANDER™ .COM, including links to the home page or any other page on the Commander™ .com domain. FOR AN AUTHORIZATION, CONTACT US AT COMMUNICATIONS@KIMPEX.COM . This last part excludes all Commander™ retailers, employees and media who want to promote CommanderTrackKit.com site.

EXCLUSIVE PROPRIETARY RIGHTS

"CommanderTrackKit.com", Commander™ logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this Internet site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner.

All content of this Internet site, including:

  • all information,
  • design,
  • images,
  • sounds,
  • photographs,
  • videos,
  • illustrations,
  • links to other Internet sites,
  • icons,
  • graphics,
  • headers,
  • texts,
  • data,
  • the presentation,
  • arrangement,
  • coordination,
  • enhancement,
  • marketing,
  • selection of such content

are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Commander™ or a Commander™ affiliate or by third parties who have licensed their rights to Commander™ . All such rights are expressly reserved.

DISCLAIMER

PLEASE NOTE THAT ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMMANDER™ DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF COMMANDER™ , WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT COMMANDER™ DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKES THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

COMMANDER™ DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS INTERNET SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS INTERNET SITE. COMMANDER™ DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMMANDER™ , ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF COMMANDER™ OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN COMMANDER™ TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASES THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You shall indemnify and save harmless Commander™ , its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this Internet site

ONLINE SHOPPING

Commander™ does not sell directly to consumers. In order to purchase a Commander™ track kit you have to refer to one of the Commander™ dealers or to use their websites that we may recommend you or not. You must agree to pay for all charges noted on those Internet sites as payable by you. In addition to any other rights or remedies, Commander™ may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet site at any time.

"Errors, Inaccuracies or Omissions"

Commander™ makes every effort to ensure that the Content on this Internet Site is complete and current. Also, this Internet site is frequently updated. However, Commander™ does not guarantee that the information contained on this Internet site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability in the dealerships. Commander™ reserves the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you.

"Prices"

Please note that no prices are listed on this Internet site. Retailers can sell at different prices; to their own discretion. Furthermore, Please also see our Pricing Policy for more information.

"Colours"

Please note that although Commander™ attempts to display the colours of the product shown on this Internet site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor you use.

Affiliated Internet Sites

LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT

This Internet site may contain links to other Internet sites which are provided to you for your convenience. Please note that the provision of any links to other Internet sites does not constitute an endorsement by Commander™ of such linked Internet sites. All such other Internet sites are wholly independent from this Internet site and from Commander™ and Commander™ has no control or power over such other Internet sites including their content. If you visit any of the linked Internet sites, we recommend you to review their respective terms and conditions of use as well as their policies on privacy and security.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Commander™ and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Commander™ and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and our Policies, these Terms and Conditions shall prevail.

SEVERABILITY

These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

The Terms and Conditions as well as the use of this Internet site shall be governed by the laws of the province of Quebec and the laws of Canada applicable therein.

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