Terms of Use

GREAT CANADIAN OIL CHANGE WEBSITE AND MOBILE APPLICATIONS TERMS OF USE

DATED: FEBRUARY 5, 2019

Please Read the Following Terms of Use Carefully Before Using This Web Site

These Terms of Use apply to your use of the www.gcocltd.ca and www.greatcanadianoilchange.com domain websites and mobile applications of Great Canadian Oil Change and its subsidiaries and affiliates (“GCOC”) websites (collectively, the “Online Services”). GCOC requires that you abide by the Terms of Use stated below as a condition to access to the Online Services. Please read these Terms of Use carefully, because by using the Online Services, you are acknowledging and agreeing to these Terms of Use. If you do not agree, you may not use the Online Services. Your use of the Online Services may also be subject to additional terms outlined elsewhere on the Online Services, including terms of use tailored specifically for activity on those web sites or online services which may differ from these Terms of Use. References to “GCOC” in these Terms of Use include GCOC and their respective subsidiaries and affiliates, individually, each of whom may separately enforce the rights provided to GCOC herein.

Copyrights and Trademarks

The entire contents of the Online Services, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof, are copyrighted (including any works that are licensed to GCOC) under United States, Canadian and other countries’ copyright laws, and are the property of GCOC, and/or any of its affiliates or subsidiaries. All trademarks, service marks, and trade names (collectively, the “Marks“) are proprietary to GCOC, and/or any of its affiliates or subsidiaries, or other respective owners that have granted GCOC the right and/or license to use such Marks.

You may not use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Online Services except as explicitly stated below:

1. Downloading or printing of web pages is for your personal, non-commercial or non-profit educational use only. Web pages from the Online Services may not be reproduced or redistributed for commercial gain or other purposes. You may not change or delete any proprietary notices from materials downloaded or printed from the Online Services. The copyright notice appearing at the bottom of each web page must appear on every copy of the documents or any portion thereof.

2. Except as provided in paragraph 1, corporate names and logos may not be altered or used without the prior written permission of GCOC.

Except as noted above, no right or license is granted for any proprietary information, copyright, patent, or trademark contained within the Online Services.

Copyright Dispute Policy

If you believe that material or content that resides or is accessible on or through the Platform infringes a copyright, please send a notice of copyright infringement containing the following information to GCOC’s designated agent:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of the works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed as well as the date and time of the alleged infringement, with sufficient detail so that GCOC is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
The notice may not contain any of the following:
an offer to settle the claimed infringement or reference, including by way of hyperlink, to such an offer, request or demand; or
a request or demand, made in relation to the claimed infringement, for payment or for personal information.

If the notice is non-compliant with the foregoing requirements, GCOC is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.

If a proper bona fide infringement notice is received by the designated agent, it is GCOC’s policy to (i) remove or disable access to the infringing material; (ii) to notify the content provider, member or user that it has removed or disabled access to the material; and/or (iii) discipline repeat offenders in accordance with applicable laws, by removing and/or terminating the offender’s access to or use of the Platform, Services and/or Content thereon. If the notice is non-compliant with the foregoing requirements, GCOC is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.

Notice of claims of copyright infringement should be provided to GCOC’s designated agent via email to privacy@gcocltd.ca or via mail to the following address:

Great Canadian Oil Change
Attn: Legal Department
100 Valvoline Way
Lexington, KY 40509 USA

Forward Looking Statements

No information contained in the Online Services constitutes or shall be deemed to constitute an invitation to invest or otherwise deal in any security of GCOC.

Various pages and parts of the Online Services contain certain forward-looking statements within the meaning of applicable securities laws. All statements, other than statements of historical fact are forward-looking statements including statements addressing predictions, expectations, beliefs, plans, projections, objectives, assumptions or future events. Words such as “expects,” “does not expect,” “is expected,” “anticipates,” “does not anticipate,” “intends,” “plans,” “projects,” “believes,” “does not believe,” “estimates,” “may,” “could,” “would,” “might,” or “will,” or any grammatical variations of such words and similar expressions are used to identify such forward-looking statements.

Forward-looking statements relating to the operations of GCOC are based on management’s expectations, estimates and projections about GCOC in effect on the date the statements were made. While management considers the assumptions made to be reasonable, the assumptions are inherently subject to significant business, social, economic, political, regulatory, competitive and other risks and uncertainties, contingencies and other factors that could cause actual performance, achievements, actions, events, results or conditions to be materially different from those projected in the forward-looking statements. These statements are therefore not guarantees of future performance and involve certain known and unknown risks, uncertainties and assumptions that are difficult to predict and beyond the control of management. Further, certain forward-looking statements are based upon assumptions as to future events that may not prove to be accurate. Accordingly, you should not place undue reliance on forward-looking statements. GCOC undertakes no obligation to subsequently update or revise the forward-looking statements contained on the Online Services to reflect events or circumstances after the date of posting other than as required by applicable law.

Hyperlinks and Frames

The Online Services may contain links to other web sites or online services which are not operated by GCOC (the “External Sites”). GCOC has no control over and is not responsible or liable for the External Sites, including but not limited to the content of such External Sites, or their respective privacy and data collection practices. The links to External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that GCOC sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Before you frame or create any kind of hyperlink to the Online Services, you must obtain the prior written permission of GCOC.

Disclaimer

GCOC makes no representations or warranties about the accuracy or completeness of the content of the Online Services or the content of any web site or online service “linked” to the Online Services. Any decision made by you based on information contained in the Online Services or web sites or online services “linked” to or from this Online Service is your sole responsibility. Neither GCOC nor any of its affiliates or subsidiaries shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or inability to access the Online Services, or the use of or reliance on any content in the Online Services or the content of any web sites or online services “linked” to or from the Online Services.

THE ONLINE SERVICES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS THEREIN, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GCOC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON

INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GCOC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR THE SERVER(S) THAT MAKE THE ONLINE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GCOC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE ONLINE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. TO THE EXTENT LIMITED BY APPLICABLE LAW, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL GCOC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GCOC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE ONLINE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Laws

Unless otherwise specified, the material on the Online Services is intended to provide information about GCOC and its products and services. The Online Services may be managed and operated from the United States. We do not imply that the materials published on the Online Services are designed or appropriate for use outside of the United States. If you access the Online Services from outside of the United States, please be aware that you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing or use of the Online Services, you may not do so.

Your use of the Online Services shall be governed in all respects by the laws of the Commonwealth of Kentucky, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Online Services (including but not limited to the purchase of GCOC products or services) shall be in the state or federal courts located in Fayette County, Kentucky. Any cause of action or claim you may have with respect to the Online Services (including but not limited to the purchase of GCOC products or services) must be commenced within one (1) year after the claim or cause of action arises. GCOC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. GCOC may assign its rights and duties under this Agreement to any party at any time without notice to you. GCOC makes no representation that materials contained on the Online Services are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Online Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws and export laws and regulations.

Severability and Integration

These Terms of Use, and the additional terms referenced in the first paragraph above, constitute the entire agreement between you and GCOC with respect to the Online Services. If any part of these Terms of Use is held to be invalid or unenforceable, the remaining parts shall remain in full force and effect.

Termination; Access Restriction

GCOC may terminate this Agreement or terminate or suspend your access to the Online Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Online Services will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE ONLINE SERVICES MAY NOT BE RETRIEVED LATER.

Language

The parties have required that the Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que les modalités d’utilisation ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Questions?

If you have any questions about these Terms of Use, please contact GCOC LLC at Legal Department/Privacy, 100 Valvoline Way, Lexington, Kentucky 40509 USA, at 859-357-7777 or by email at privacy@gcocltd.ca