Welcome to the FCVTV web application (the ÒsiteÓ), which also includes exclusive content solely for First Canadian Insurance Corporation (ÒFCICÓ) dealers. The site and its related services are administered by Woople, LLC (ÒWoopleÓ) and Data Gathering Service Inc. (DGS). Data Gathering Service (DGS) Inc. has contracted with First Canadian Insurance Corporation (FCIC) to administer FCVTV.
By subscribing to FCVTV, You agree to be bound by this User Agreement & Terms of Service (hereinafter ÒTOSÓ).
This confirms your purchase of access to the site and its content and services in the amount and pursuant to the term and/or payment option you have selected. All fees shall be due and payable by you to First Canadian Insurance Corporation (on behalf of Data Gathering Service Inc.)., and you have authorized First Canadian Insurance Corporation to collect the agreed upon sum from you, either by Credit Card payment or payment by Electronic Funds Transfer (EFT), in Canadian Funds.
Your subscription will automatically renew upon expiry, unless we receive written notification to discontinue this service, at least 30 days prior to the expiration of your original contract.
Permission is granted to use the User IDs provided by Woople/DGS and access the training content (video, print, etc.) on the site for personal and company use only. This is the grant of a limited license, not a transfer of title. Other than page caching, you are not authorized to download or modify the site or any portion of it. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not modify or copy the training content; use the content for another commercial purpose; use the content for a public display (commercial or non-commercial); attempt to decompile or reverse engineer any third-party content contained on the site; remove any copyright, trademark or other proprietary notations from any third-party content; or transfer the content to any other person or entity, including by mirroring it on another server.
Furthermore, you may not publish, upload or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, misleading, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You may not use our site or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites
Any unauthorized use terminates the permission or license granted to you by in relation to the site.
FCVTV offers access to exclusive FCIC content solely for dealers in good standing with FCIC. You will only have access to exclusive FCIC content if you remain a dealer in good standing with FCIC. If you cease to be a dealer in good standing with FCIC at any time during the term of this TOS, or if you elect to discontinue offering FCIC Insurance Products, then your access to exclusive FCIC content shall immediately terminate. This does not release you from your financial obligation for the term selected by you. In the event of such termination as described herein, you will continue to have access to the site and to content other than FCIC exclusive content, provided that you continue to meet your financial obligation. You will not be entitled to any refund or reduction in price if you cease to be a dealer in good standing with FCIC.
In the course of your subscription, dealerships receiving a discount in price for offering additional First Canadian Products (Warranty and/or Chemical Products) who cease to offer these additional programs will no longer be eligible to receive this discount. Subsequent monthly billing will be reflective of products actively and exclusively sold by the dealership.
You may cancel prior to the expiration of the contract term by giving 30 days written notice to FCIC, and paying the lesser of 30% of the then remaining contract balance or $2,500.00 (Cdn).
In the event that your FCVTV account is not in good standing, your service will be terminated upon notice of non-payment. In order to re-activate your subscription, all outstanding amounts must be paid in full.
Any and all content or other information you upload to the site must conform to the requirements set forth in this TOS document. DGS and Woople have the sole and exclusive right to remove user-generated content if it violates the TOS. You shall not be entitled to notice prior to the removal of user-generated content for violation of the TOS.
DGS and/or Woople may revise the TOS at any time without notice. By using the site, you are agreeing to be bound by the then current version of the TOS.
The Privacy Policy shall govern the maintenance and use by DGS and Woople of all User-provided information and is hereby incorporated by reference as a part of the TOS as if set forth herein in full.
You agree that You will not upload, post, e-mail, or otherwise transmit to the site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses, malicious programs (ÒmalwareÓ), or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
NEITHER DATA GATHERING SERVICE (DGS), FIRST CANADIAN GROUP OF COMPANIES, WOOPLE NOR ANY OF THEIR UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED ÒAS IS,Ó WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER DGS, WOOPLE NOR ANY OF THEIR UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DGS AND WOOPLE SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED ON THE SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. FCVTV AND WOOPLE SHALL HAVE NO LIABILITY IN RELATION IN ANY WAY TO THE WEB SITE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF EITHER OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LIABILITY SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO WOOPLE FOR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless DGS, the First Canadian Group of Companies and Woople, including their directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneysÕ fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder; and/or (ii) arises out of Your negligence, willful misconduct, or other breach of this Agreement.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
This Agreement is subject to the Terms of Use and Privacy Policy for DGS and Woople, which are hereby incorporated by reference as if they were fully set forth herein.
THESE TERMS OF SERVICE APPLY TO ALL USERS. IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE FCVTV WEBSITE OR ITS CONTENT AND SERVICES.