Terms and Conditions
http://www.candidautoparts.com is the website maintained on the World Wide Web. Candid Auto Parts Inc. “The site” or “site” refers to http://www.candidautoparts.com. “User,” or collectively “Users,” refers to any party who accesses the site. “Access” means viewing or otherwise obtaining information located on http://www.candidautoparts.com. “Agreement” refers to these Terms of Service and any subsequent modification.
2. Acceptance of Terms
By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Service Agreement.
Candid reserves the right to modify these Terms of Service at any time without notice to the User. Any change(s) in these Terms of Service is effective immediately upon User’s receipt of notice Candid Auto Parts Inc. Notice can be given through e-mail, posting on the site or any other means by which User may obtain notice. Users should periodically check these Terms of Service for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Service. Candid has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. Candid can restrict access to any or all portions of the site or remove any information or content from the site at any time. Candid Auto Parts Inc. reserves the right to monitor use of the site. The user is solely responsible for providing the equipment related to accessing the site, including all computers, remote communications equipment, telephone or other equipment.
3. User Accounts
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. Candid Auto Parts Inc. reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account.
4. Copyright and Marks
All content on the site (with the exception of content provided by Candid’s third party content providers and materials posted by Users) are the copyrighted property of Candid Auto Parts Inc. Other than the download to the viewer’s computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of Candid Auto Parts Inc. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third-party marks or content without permission of the respective owner.
5. Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
- Use any device or other means to harvest information about other Users.
- Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
- Transmit, install, upload or otherwise transfer any virus or other items to the site that in any way affects the use, enjoyment or service of any User’s or any Candid Auto Parts Inc. employee’s computer or other medium used to access the site.
- Post any material on the site that is offensive to any other User. Candid Auto Parts Inc. maintains the exclusive right to determine what is offensive.
- Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- Modify the information, including headers, found on the website.
- Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
- Engage in any action which Candid Auto Parts Inc. determines is detrimental to the use and enjoyment of the site.
- Use the site for any unlawful or defamatory means.
- Transmit, install, upload, post or otherwise transfer any information in violation of the laws of Canada or post any information that could result in civil unrest.
- Attempt to access, or access, the personal information of another User which is stored on this site.
- Permit any person to access this site using the User’s password.
- Attempt to, or access, this site using another User’s password.
- Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. Candid Auto Parts Inc. reserves the right to bar any such activity.
- The probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site, or reverse look-up, trace or seek to trace any information on any other User or any other customer of Candid Auto Parts Inc., including any Candid account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.
6. Disclaimer and Limitation of Liability
Although Candid Auto Parts Inc. has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. CANDID AUTO PARTS INC. NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF CANDID AUTO PARTS INC., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. CANDID AUTO PARTS INC. IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL CANDID AUTO PARTS INC. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL CANDID AUTO PARTS INC. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE
7. Third Party Content
Candid Auto Parts Inc. is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and Candid is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Candid Auto Parts Inc. Candid assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties and are subject to any terms, conditions, warranties or representations associated with those dealings.
CANDID AUTO PARTS INC. MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, CANDID AUTO PARTS INC. DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
User agrees to defend, indemnify and otherwise hold harmless Candid Auto Parts Inc. and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.
Users are prohibited from violating or attempting to violate the security of the site. Candid Auto Parts Inc. will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
Candid Auto Parts Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Candid Auto Parts Inc.’s rights or property, or the rights or property of visitors to or users of the site, including Candid’s customers. Candid Auto Parts Inc. reserves the right at all times to disclose any information that Candid deems necessary to comply with any applicable law, regulation, legal process or governmental request. Candid Auto Parts Inc. also may disclose your information when Candid determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Candid Auto Parts Inc. may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Candid Auto Parts Inc., for which monetary damages would be inadequate, and you consent to Candid Auto Parts Inc. obtaining any injunctive or equitable relief that Candid deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Candid Auto Parts Inc. may have at law or in equity.
You agree that Candid Auto Parts Inc. may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems.
The user is granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the site so long as the link does not portray Candid Auto Parts Inc. or its products or services in a false, misleading, derogatory, or otherwise offensive matter. The user may not use any Candid Auto Parts Inc. logo or other proprietary graphic or trademark as part of the link without express written permission. Candid Auto Parts Inc. reserves the right to terminate any link found on the site at any time. The user may not utilize framing techniques to enclose any trademark, logo, or other Candid proprietary information (including images, text, page layout, or form) or use any meta tags or any other “hidden text” utilizing Jones Exhaust Systems, Inc.’s name or trademarks without Candid Auto Parts Inc.’s express written consent.
Candid Auto Parts Inc. can be contacted at:
By email: firstname.lastname@example.org
By Phone: 905-829-6000
Candid Auto Parts Inc.
2512 Bristol Circle
Oakville, Ontario, Canada
These Terms of Service constitute the entire agreement between Candid Auto Parts Inc. and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Candid Auto Parts Inc. and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement, Candid Auto Parts Inc. may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Candid Auto Parts Inc.’s remedies are cumulative and not exclusive. Failure of Candid Auto Parts Inc. to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Candid Auto Parts Inc. makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the Province of Ontario, Canada, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a provincial or federal court located in the city of Ottawa, Province of Ontario, Canada, and each User consents to exclusive jurisdiction and venue in such courts for such purpose.