SUBARU CANADA, INC
TERMS OF USE

WEB SITES & MOBILE APPS TERMS OF USE

Last revised: March 11, 2019

These Web Site & Mobile Apps Terms of Use (these “Web & App Terms”) apply to your Use of any web sites and mobile apps owned or operated by or on behalf of Subaru Canada, Inc. (“Subaru”) including but not limited to Subaru.ca, Subarudealer.ca, MySubaru.ca (collectively, the “Web Sites”) and the MySubaru, SUBARU STARLINK™ and Dealer Connect mobile apps (collectively, the “Mobile Apps”).

For the purpose of these Web & App Terms, any reference to “Use” or “Using” the Web Sites or the Mobile Apps means downloading, accessing, using or viewing the Web Sites, or downloading, registering for, activating, accessing, using or viewing the Mobile Apps.

1.
YOUR ACCEPTANCE OF THESE WEB & APP TERMS

Subaru provides the Web Sites and the Mobile Apps only to individuals who are at least 18 years old or the age of majority as determined by the laws of your province or territory of residency and have accepted these Web & App Terms.

By Using any of the Web Sites or the Mobile Apps, you agree to these Web & App Terms and represent and warrant that you have the right, authority and capacity to agree to these Web & App Terms. If you do not agree to these Web & App Terms, please stop Using the Web Sites and the Mobile Apps.

Subaru reserves the right to post changes to these Web & App Terms at any time, which will then apply to you without further notice. Accordingly, Subaru recommends that you periodically review these Web & App Terms.

2.
NO REPRESENTATIONS OR WARRANTIES FOR SUBARU WEB SITES AND MOBILE APPS

Subaru will use reasonable efforts to maintain up-to-date and accurate information on the Web Sites and the Mobile Apps, however, Subaru does not guarantee absolute accuracy. The information on the Web Sites and the Mobile Apps is provided on an “AS IS” basis without any representation or warranty, express or implied, of any kind. Subaru will not be liable for any typographical errors or inaccuracies contained in the Web Sites and the Mobile Apps or for any temporary or permanent modification, suspension or discontinuance of the Web Sites and the Mobile Apps. Subaru may expand, limit or modify the Web Sites and the Mobile Apps at any time to meet the needs of its users for technical or other reasons and without further notice or reason.

3.
NO REPRESENTATIONS OR WARRANTIES FOR HYPERLINKED WEB SITES OR RESOURCES

As a convenience to you, the Web Sites and the Mobile Apps may contain hyperlinks to other web sites or resources that are independently owned and operated. Subaru does not review any linked web sites or resources and is not responsible in any way for the content of any linked web sites or resources. Subaru will not be liable for and makes no representation or warranty, express or implied, of any kind as to, the accuracy, completeness or authenticity of the information contained in any linked web site or resource. You agree that the existence of such a link cannot be construed as direct or indirect approval, endorsement or sponsorship of or affiliation with the linked web site or resource on the part of Subaru. If you use the Web Sites or the Mobile Apps to link to other web sites, then you do so at your own risk.

4.
COPYRIGHT AND TRADEMARK NOTICES

The materials displayed on the Web Sites and the Mobile Apps, including but not limited to all data, artwork, logos, graphics, texts, photographs, images, animation, videos, software design, scripts and code, web site design and architecture, mobile app design and architecture, music, sounds and environments, and their selection, compilation, collection, arrangement, organization, structure and sequence, (collectively, the “Content”) are either the property of, or used with the permission of their owner by, Subaru, and are protected by copyright and other laws.

The trademarks, logos, business and trading names, and domain names (collectively, the “Marks”) displayed on the Web Sites and the Mobile Apps, whether registered or unregistered, are the property of, or used with permission by, Subaru or others. Use of the Marks in any manner with web sites, mobile apps, business activities, organizations, or products or services, that are not provided or licensed by Subaru, is prohibited without the prior written consent of Subaru.

5.
LIMITED LICENSE FOR PERSONAL USE

You are granted only a limited, non-transferable license to access, display, download and/or print a copy of the Content solely for your personal, non-commercial use, provided that you do not modify the Content, make commercial use of the Content, include the Content in or with any product you create or distribute, copy the Content on any other web site, and you keep all proprietary notices intact. For certainty, you may not reproduce, modify, publish, perform, translate, merge, decompile, disassemble, reverse engineer, sell, rent, distribute, or create a derivative work of, or in any way commercially exploit, the Content in whole or in part, without the prior written consent of Subaru.

You are granted only a limited, non-transferable license to install and use the Mobile Apps solely for their intended purposes on your connected device(s) for your personal, non-commercial use, provided that you do not modify the Mobile Apps, make commercial use of the Mobile Apps, include the Mobile Apps in or with any product you create or distribute, reverse engineer, disassemble, decompile, attempt to derive the source code of, repurpose, sell, rent, distribute or in any way commercially exploit the Mobile Apps, in whole or in part, without the prior written consent of Subaru.

6.
YOUR COMPUTER SYSTEM OR CONNECTED DEVICE

To fully access the content and features on the Web Sites and the Mobile Apps, you may need to enhance or update the hardware or software in your computer system or connected device. Subaru will not be liable for any failure to access the Web Sites or the Mobile Apps, whether due to your computer system’s or connected device’s capabilities, Internet network problems or any other cause whatsoever.

From time to time, Subaru may remotely update, upgrade, modify or delete the Web Sites and the Mobile Apps to, among other reasons, enhance the Web Sites and the Mobile Apps or system functionality or to address security concerns. You agree that Subaru may at any time automatically update, upgrade, modify or delete the Web Sites and the Mobile Apps or cause the Mobile Apps to be removed from your connected device. The limited licenses granted herein will continue to apply to any updated, upgraded or modified Web Sites and Mobile Apps.

You agree that the Use of the Mobile Apps may have an unintended or adverse effect on your connected device, any software operating on your connected device, or any other mobile apps you may have on your connected device. You agree that the Use of any of the Mobile Apps is at your own risk and that Subaru has no obligation whatsoever to provide you with customer support for the Mobile Apps or for their effect on your connected device, any software operating on your connected device, or any other mobile apps you may have on your connected device.

7.
PRIVACY AND SECURITY

Subaru collects, uses and shares certain information about you and your vehicle through the Web Sites and the Mobile Apps. Any information collected by Subaru in this manner will be governed by Subaru’s Privacy Policy, which is available to you at Subaru.ca/privacy or MySubaru.ca. By agreeing to these Web & App Terms, you also agree to Subaru’s Privacy Policy.

8.
UNSOLICITED SUGGESTIONS AND IDEAS

Unsolicited communications or materials you submit to us via the Web Sites and the Mobile Apps are transmitted on both a non-confidential and a non-proprietary basis. Subaru will not be responsible for any harm you or others may suffer as a result of any disclosure or use of materials you send to us on the Web Sites and the Mobile Apps. This includes submission of unsolicited product concepts or ideas as well as any other type of ideas or suggestions. Without making any judgment on their content or quality, it has been Subaru’s longstanding company policy to discourage unsolicited suggestions or ideas. If you do transmit unsolicited ideas or suggestions to Subaru, you acknowledge and agree that they become Subaru’s property and that Subaru, its affiliates and designees may use those ideas or suggestions in any manner, at any time, and for any reason, they so choose with no obligation to acknowledge you or pay you any form of compensation.

9.
TRANSMISSION OF INAPPROPRIATE MATERIALS

You agree to refrain from transmitting to or posting on the Web Sites and the Mobile Apps any materials that are inappropriate, obscene, lewd, offensive or in any way unlawful. Although Subaru and other parties involved in creating or maintaining the Web Sites and the Mobile Apps may from time to time review transmissions or postings by third parties, in so doing they assume no responsibility or liability that may arise from the content of those transmissions or postings. That liability rests solely on the sender.

10.
DATA / MESSAGE COSTS

Subaru does not charge for Use of the Mobile Apps however standard data and text messaging rates may apply for data and messages sent from and received by your connected device as determined by your wireless provider. You agree to be solely responsible for such charges and any other charges by your wireless provider in connection with the Mobile Apps.

11.
DISCLAIMER OF WARRANTIES AND CONDITIONS

You agree that your Use of the Web Sites and the Mobile Apps is at your own risk and that you will be solely responsible for any damage to your computer system, connected device, your vehicle’s multimedia system and any other equipment or loss of data that may result from your Use of the Web Sites and the Mobile Apps.

THE WEB SITES AND THE MOBILE APPS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUBARU, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUBARU MAKES NO REPRESENTATION, WARRANTIES OR CONDITIONS THAT THE WEB SITES AND THE MOBILE APPS WILL MEET YOUR REQUIRMENTS OR THAT THE WEB SITES AND THE MOBILE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, NON-INFRINGING OR ERR0R-FREE.

12.
LIMITATION OF LIABILITY

SUBARU, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, OR FOR ANY VIRUSES OR OTHER PHYSICAL DAMAGE TO YOUR COMPUTER SYSTEM OR CONNECTED DEVICE, RESULTING IN ANY WAY FROM YOUR USE OF THE WEB SITES OR THE MOBILE APPS.

Notwithstanding this, if Subaru or any of any of its third-party service providers are found liable to you for any reason, you agree that the aggregate liability of all these parties to you for any claim is limited to the fees you have paid to Subaru for Use of any of the Mobile Apps.

13.
EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY, AND ACCORDINGLY SOME OF THE LIMITATIONS IN THESE WEB & APP TERMS MAY NOT APPLY TO YOU.

14.
INDEMNITY

You agree to indemnify and hold harmless Subaru, its affiliates, Authorized Subaru Dealers in Canada (“Dealers”) and third-party service providers, and their respective directors, officers, employees and agents (collectively, the “Subaru Parties”), from any loss, liability, claim, demand or damages, including reasonable legal fees, arising from or related to your Use of the Web Sites or the Mobile Apps or your breach of these Web & App Terms including but not limited to your breach or alleged violation of the copyright, trademark or other proprietary rights of third parties.

15.
RELEASE

YOU HEREBY RELEASE AND DISCHARGE EACH OF THE SUBARU PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITY, DAMAGES AND EXPENSES ARISING FROM OR RELATED TO ANY DAMAGE, LOSS, OR INJURY TO ANY PERSON OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECLTY, FROM YOUR USE OF THE WEB SITES OR THE MOBILE APPS.

16.
SURVIVAL

You agree that the limitation of liability, indemnity and release provisions in these Web & App Terms will survive even after these Web & App Terms or the relationship between you and Subaru has ended.

17.
CANADIAN APPLICABILITY

Although Subaru offers services, products and promotional programs in many parts of the world, unless otherwise specified, certain services, products or promotional programs referred to on the Web Sites and the Mobile Apps may not be available worldwide. All products, services, promotional programs and information contained on the Web Sites and the Mobile Apps apply only within Canada or certain areas within Canada, as specified.

18.
PRODUCT AVAILABILITY

Due to law, customer demand and new product releases, not all Subaru products or services will always be available in Canada or can be delivered to meet your requested delivery dates. Some Dealers may pool inventory with other Dealers to enhance availability of vehicles. Subaru reserves the right to discontinue any vehicle models, equipment or services at any time.

19.
PRICING

Unless otherwise specified, all prices listed on the Web Sites and the Mobile Apps are in Canadian dollars.

Unless otherwise specified and excluding Quebec, prices for new vehicles are the Manufacturer’s Suggested Retail Prices (“MSRP”) for the vehicle base model, and do not include freight, title and registration fees, Dealer pre-delivery and administration charges, options, air conditioning tax, GST/PST/HST, retail sales tax, other applicable taxes, freight charges or license fees. Subaru reserves the right to make changes to the MSRP at any time without prior notice.

For Quebec, suggested retail prices for new vehicles include freight and preparation, air conditioning surcharge, and specific duty on new tires. Taxes (GST and PST), license, registration (depends on purchaser’s particulars) and insurance are extra. Dealer may sell for less. Finance and lease offers also available.

Individual Dealers are responsible for setting their own retail selling prices and may sell at less than the prices shown. Some leasing and financing offers may not be available in all areas of Canada or to all prospective customers.

20.
CHANGES IN PRODUCT SPECIFICATIONS

Subaru reserves the right to make changes at any time to vehicle models, materials, equipment, specifications and services without prior notice to you. Because some of this information may be updated at any time but not incorporated into the Web Sites and the Mobile Apps until later, please check with your Dealer for complete details. The information provided by the Dealer will be deemed to be the correct and applicable information.

21.
PURCHASING PRODUCTS AND SERVICES

Unless otherwise specified, all content on the Web Sites and the Mobile Apps is to be used for information purposes only and does not constitute an offer to buy or sell any Subaru products and services. Subaru products and services are available only from Dealers pursuant to applicable contracts you enter into with them.

Notwithstanding this, you may enroll for a subscription to SUBARU STARLINK™ Connected Services using the MySubaru.ca Web Site or you may purchase Subaru gear through Subarugear.ca.

22.
DEALER WEB SITES

To assist you in finding local Dealers, Subaru has arranged for you to access its Dealers either on or through the Subaru.ca Web Site. Subaru will not be responsible or liable for the information or advertising posted by Dealers, which is their sole responsibility.

23.
GENERAL

These Web & App Terms constitute the entire agreement between you and Subaru governing your Use of the Web Sites and the Mobile Apps. You may not assign these Web & App Terms without the prior written consent of Subaru. These Web & App Terms and the relationship between you and Subaru will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby attorn and agree to the non-exclusive jurisdiction of the courts of the Province of Ontario. The failure by you or Subaru to exercise or enforce any provision of these Web & App Terms shall not constitute a waiver of such right or provision. If any provision of these Web & App Terms is found by a court of competent jurisdiction to be invalid, you and Subaru agree to give effect to the intentions reflected in the provision found to be invalid and that the other provisions of these Web & App Terms will remain in full force and effect. You agree that any claim or cause of action arising out of or related to the Use of the Web Sites or the Mobile Apps must be filed within one year after such claim or cause of action arose, or otherwise be barred permanently. It is the express will of the parties that these Web & App Terms and related documents have been prepared in English. C’est la volonte expresse des parties que la presente convention ainsi que les documents qui s’y rattachent soient rediges en anglais.