TERMS OF USE.

Welcome to the website (“Site”) of LGM Financial Services Inc. (“LGM”, “we”, “us” and “our”). We encourage you to explore this Site.  By entering this Site and using any service provided by this Site, including but not limited to viewing any of its content or accessing any training offered by LGM, you agree to be bound by these Terms of Use, the Privacy Policy posted on this Site and all other terms and conditions contemplated on this Site from time to time (this “Agreement”). We encourage you to carefully review all of the provisions referenced herein.

When you access this Site or any related website owned, operated, licensed or controlled by LGM, you will have access to various materials, including the text, images, audio and video displayed therein and My Distinction Content, (the “LGM Materials”).  LGM makes this Site and the LGM Materials available to you under the terms and conditions of this Agreement.  If you do not agree with our terms, we must regrettably ask you to stop using this Site and the LGM Materials. We would prefer you to stay.

Except as otherwise expressly permitted by LGM, no LGM Materials may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, rented, leased, lent, sold, redistributed, sublicensed, used to create derivative works or otherwise exploited in any way. You may download the LGM Materials for your personal, non-commercial, use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the LGM Materials for public or commercial purposes without the prior written permission of LGM (and the copyright owner or licensor of the content, if other than the LGM) in each instance.

LGM has the right to change or discontinue any aspect, feature, functionality or the existence of this Site at any time in its sole discretion. This includes but is not limited to, any service provided by LGM, any training or promotion offered by LGM, the LGM Materials and other content displayed on this Site, hours of availability, and equipment needed for access to or use of this Site. We have the right to change or modify the terms and conditions applicable to your use of this Site, or any service provided through this Site, at any time in our sole discretion. We can impose new conditions for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon the changes appearing on this Site. Accordingly, please review this Agreement periodically to familiarize yourself with the most current version. Unless expressly stated otherwise, any new aspect, features or functionality that augment or enhance the current services provided though this Site also will be subject to the provisions of this Agreement. All products and services of LGM and its subsidiaries and affiliates are subject to the terms and conditions of the applicable agreements governing their use.

This Site is the exclusive property of LGM and your access to this Site is only with our permission. Any unauthorized access or use will be deemed, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Site, including seeking civil remedies and equitable relief to the fullest extent possible, and referral of matters to appropriate law enforcement agencies.

You are prohibited from doing, attempting or facilitating any act that is listed below and any equivalent dealings, whether with this Site, its services or the LGM Materials:

  • Any act that has the effect of undermining the integrity of this Site, the LGM Materials, our system, our services and the method by which we provide our services to users.
  • Any use or deployment any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from this Site.
  • Any use or deployment of any script, routine, program or any other automated means, method or device with respect to this Site for any other purpose, including but not limited to requesting or purchasing services or products.
  • Any use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Site, its hardware and connections, or prohibits, denies or delays access to this Site by others.
  • Any act, use or deployment that is intended to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of this Site, or any part thereof, including but not limited to, using this Site, its services or the LGM Materials to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity.
  • Any use of this Site, its services or the LGM Materials that is not in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you access, download or use this Site, its services or the LGM Materials.
  • Any use of this Site, its services or the LGM Materials that is prohibited by or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or LGM.
  • Any act, use or deployment that is intended to copy, reproduce, republish, upload, post, transmit, distribute, rent, lease, lend, redistribute, sublicense, create a derivate work from or otherwise exploit in any way this Site, its services or the LGM Materials.
  • You further agree not to use this Site, its services or the LGM Materials in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party and that LGM is not in any way responsible for any such use by you.

All of the foregoing acts, access, use, deployment and equivalent dealings with this Site constitute prohibited access and use of this Site and will be deemed, among other things, a breach of the terms and conditions of this Agreement.  Accordingly, we reserve the right to pursue any and all of our legal rights for any prohibited access and use of this Site.

To the extent that you upload any content through the use of this Site or its services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate the terms of this Agreement.

This Site contains proprietary material and information, including without limitation, the “look and feel” of this Site and the LGM Materials. All design, text, software, images, trade names, logos and other information presented on this Site constitutes “LGM Materials”, is protected under Canadian and other copyright laws, and is owned by LGM or is used under license from the owner of the respective intellectual property rights. In addition, the entire contents of this Site are copyrighted as a collective work/compilation. LGM owns copyrights in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. In addition, LGM Financial Services Inc., “LGM”, “SecureDrive” and applicable logos are the exclusive trademarks of LGM Financial Service Inc.  You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content or the LGM Materials, in whole or in part, or may any other unauthorized use of the LGM Materials, whether contemplated by this Agreement or applicable law. Except as otherwise and to the limited extent expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the written permission of LGM (and the copyright owner or licensor of the content, if other than the LGM) in each instance.

LGM creates proprietary My Distinction Learning content (the “My Distinction Content”) that it may, in its sole discretion, allow authorized representatives of automotive dealerships to access and learn about topics of relevance to their businesses, including finance and insurance products that we administer.  If you register for access to the My Distinction Content on this Site, you will receive log-in details for accessing that content using a third party learning management platform (the “Learning Platform”).

Your access to and use of the Learning Platform will be subject to the software terms and conditions posted by the Learning Platform Provider on its website.  By accessing the Learning Platform, you are agreeing to comply with those terms and conditions, you are consenting to the use of your personal information in accordance with the Learning Platform Provider’s privacy policy and you are agreeing to use the My Distinction Content for your personal learning in accordance with this Agreement and any other terms of use that may be provided to you by LGM.  If you do not agree with our terms, we must regrettably ask you to stop using the My Distinction Content and the Learning Platform. We would prefer you to continue learning.

You acknowledge and agree that LGM is the exclusive owner of the My Distinction Content, which is written by LGM and provided for informational purposes only.  You may only access and use the My Distinction Content and the Learning Platform for your personal, non-commercial, use.  While we want to provide you with valuable insights into vehicles and protection products, none of the My Distinction Content is intended to provide you with any mechanical, financial, legal or other professional advice.  LGM is committed to integrity and transparency; we want you to know that LGM may have a financial interest in certain products mentioned in the My Distinction Content or on the Learning Platform.  We only write My Distinction Content about products that we know and trust.  Product information in the My Distinction Content is provided in summary form; please be aware that OEM-affiliated dealers may not be able to sell certain products and that contractual terms apply to each product.  LGM has no express or implied obligation to provide any technical or other support for the Learning Platform, however, please let us know should you encounter technical difficulties.

As a condition of us granting you with free access to the My Distinction Content, you agree to comply with all terms of this Agreement.  You also give us permission to collect and use your personal information to grant you access to the My Distinction Content, the Learning Platform and otherwise according to our privacy policy.  We reserve the right to extend, suspend, modify or terminate your free access to the My Distinction Content and the Learning Platform at any time.

You expressly acknowledge and agree that, to the extent permitted by applicable law, use of this Site, the LGM content and any services performed by or accessed through this Site is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

To the maximum extent permitted by applicable law, this Site, the LGM content and any services performed by or accessed through this Site are provided “As is” and “as available”, with all faults and without warranty of any kind, and LGM (including its respective subsidiaries, affiliates, employees, agents, third party content providers and licensors) hereby disclaim all warranties and conditions with respect thereto, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of title, merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

In no event does LGM (nor any of its respective subsidiaries, affiliates, employees, agents, third party content providers or licensors), warrant that your use of this Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Site, business outcomes that may be obtained from relying upon the My Distinction Learning ,or as to the accuracy, reliability or content of any information, service, or merchandise provided through this Site. The disclaimers contained in this Agreement apply to any damages or injury caused by any failure of performance, error, omission, 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 record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that LGM is not liable for the defamatory, offensive or illegal conduct of other users or third parties in connection with this Site and you assume the risk of injury from any of the foregoing.

To the extent not prohibited by applicable law, in no event shall LGM be liable for personal injury, or any incidental, special, indirect, punitive or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data or information, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use this Site, its services, the LGM materials or any third party software or applications in conjunction with this Site, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if LGM has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall LGM’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. LGM is not responsible for and will not be liable to you or anyone else for any damages in connection with an email sent by you to LGM or an email sent by LGM to you at your request.

Links from or to web sites outside this Site are meant for convenience only. LGM does not review, endorse, approve or control, and is not responsible for any sites linked from or to this Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and LGM will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and LGM is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

All notices regarding any matter pertaining to this Agreement, or the agreements or policies referenced herein, will be given by first class mail or courier, postage or air bill prepaid, and sent to:

LGM Financial Services Inc.,
Suite 400, 1021 West Hastings St.
Vancouver, BC V6E 0C3

Attention: General Counsel.
Notice will be deemed effective 3 days after deposit with the Canadian Postal Service or courier. In addition, LGM may provide notice to you by either email or Certified Mail, postage prepaid and return receipt requested, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or 3 days after mailing
.

This Agreement is to be construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to its conflict of laws provisions. This Agreement, including any agreements or policies referenced herein, as may be updated from time to time in LGM’s sole discretion, constitutes the entire agreement between us, with respect to the terms and conditions of use of this Site, it services and the LGM Content and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not mean that we have waived our right to enforce the terms of this Agreement in the future for a similar breach.

Version: April 1, 2020