MacDon Online Dealer Support:
This Online Dealer Support Agreement ("Agreement") is entered into between User (being any MacDon dealer and their employees, associates, affiliates and consultants who enter this site), and MacDon Industries Ltd., its associated and affiliated companies (MacDon).
In consideration of MacDon providing User with access to MacDon Online Dealer Support at macdondealers.com (the Network), and by User entering their User ID and password and for other good and valuable consideration, User acknowledges and agrees to be bound by the provisions of this Agreement.
- Any information including pricing, specifications, options and products contained in this site is subject to change without notice by MacDon up to the time of acceptance of any order and all orders are subject to product or part availability.
- User will not divulge its User IDs or password or any information regarding this site, configuration, security systems and the non-public information contained herein including confidential dealer prices (the "Confidential Information") to any Person, other than User's representatives who have a need to know such Confidential Information. User shall comply with MacDon's policies and procedures relating to access and use of the Network as made available to User, including, access through the Internet, encryption, user identification, treatment of Confidential Information and accessing certain categories of information. User shall not perform any acts that may circumvent or defeat any such policies or measures.
- User shall ensure that no unauthorized persons are using User's ID and password. If User becomes aware that any User representative has failed to comply with the terms and conditions of this Agreement, a third party has obtained unauthorized access to the Network from User's connection to the Network, or if any User representative who has been provided access to the Network ceases employment with User, User shall promptly notify MacDon upon User becoming aware of the occurrence. MacDon may, in its sole discretion, deactivate or change User IDs and/or passwords and take whatever other steps it believes are reasonably necessary to protect the Confidential Information. In addition to any other remedies within this Agreement, User shall be responsible for any unauthorized use of its User ID and password due to a wrongful act or a negligent failure to act on the part of User.
- At the expiration or termination of the business relationship between MacDon and User, User shall cease all use of the Network except as expressly approved by MacDon. Failure by MacDon to deactivate User IDs and/or passwords shall not be construed as such approval.
- This Agreement shall be binding upon the parties, their legal representatives, successors, and assigns and may not be assigned, transferred, conveyed, or encumbered, whether voluntarily or by operation of law, by User without the prior written consent of MacDon (which may be withheld in MacDon's sole discretion).
- The obligations of User under the terms of this Agreement shall continue for so long as any Confidential Information continues to exist or the longest time permitted under applicable law.
- User acknowledges that if this Agreement is breached, MacDon shall be entitled to an injunction to prevent further breaches of this Agreement, and to an order compelling specific performance of this Agreement. User shall reimburse MacDon for all costs and expenses, including legal fees, incurred in enforcing its rights hereunder.
- All notices, demands, and other communications shall be via the Internet and shall be effective upon being sent, notwithstanding that such notice, demand or communication may not be opened by recipient immediately or at all.
- This Agreement shall be governed by, and interpreted in accordance with the laws of the Province of Manitoba, without regard to its conflict of laws principles.