All products are to be paid for and picked up in store. If you have any questions please contact us
which discusses how we collect, store, use and disclose information about your
incorporated by reference. Your use of the Service constitutes your acceptance
The Service’s links to others’ websites and services
You agree to indemnify and hold harmless Canady’s, its shareholders and licensors, and all of their respective affiliates, directors, officers, employees, members, agents, counsel and representatives (collectively, the “Canady’s Group”) against and for all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees and costs), resulting or arising from or relating to your (A) use or attempted use of the Service or Service Content; (B) your violation of the Canady’s TOS; (C) your infringement or violation of any rights of another person or entity; and (D) your violation of applicable law. Canady’s reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
CANADY’S PROVIDES THE SERVICE ONLY ON AN “AS IS” AND AS AVAILABLE BASIS. YOU USE THE SERVICE AT YOUR SOLE RISK. CANADY’S DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE SERVICVE. IN PARTICULAR, CANADY’S DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM SERVICE USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CANADY’S OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.
Limitations of liability
CANADY’S SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE SERVICE, THE CANADY’S TOS, OR YOUR USE OF OR THE INABILITY TO USE THE SERVICE OR SERVICE CONTENT.
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF CANADY’S FOR ANY REASON RESULTING DIRECTLY OR INDIRECTLY FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR THE INABILITY TO USE THE SERVICE, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH CAUSE OR CLAIM, SHALL BE LIMITED TO THE LESSER OF (A) FIFTY U.S. DOLLARS, AND (B) THE NET AMOUNT ACTUALLY RECEIVED BY AUTOMANN FROM YOU FOR ANY PRODUCTS OR SERVICES PURCHASED FROM AUTOMANN DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. YOU AGREE THAT THIS LIMITATION OF LIABILITY REFLECTS A REASONABLE ALLOCATION OF RISK. YOU ACKNOWLEDGE THAT BUT FOR YOUR AGREEMENT TO SUCH LIMITATION OF LIABILITY, AUTOMANN WOULD NOT PROVIDE THE SERVICE TO YOU.
THE ESSENTIAL PURPOSE OF THE FOREGOING LIMITATIONS OF LIABILITY IS TO LIMIT CANADY’S LIABILITY UNDER THE AUTOMANN TOS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF YOUR REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS OR TERRITORIES DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, SOME OF THE FOREGOING DISCLAIMERS AND LIMITATIONS MIGHT NOT APPLY TO YOU; IN SUCH CASE, HOWEVER, AT CANADY’S OPTION THE MAXIMUM APPLICABLE LIMITATIONS OF CANADY’S LIABILITY SHALL APPLY.
The Canady’s TOS sets forth the entire understanding of you and us with respect to its subject matter. In the event that any one or more of the terms and provisions in the Canady’s TOS is held to be invalid, illegal or unenforceable, the remaining provisions still will be valid and not affected or impaired thereby. Failure to insist upon strict adherence to any term or provision of the Canady’s TOS shall not waive any such term or provision and shall not waive or limit any right thereafter to insist upon strict adherence to that term or provision or any other term or provision of the Canady’s TOS. Headings are only for convenience; they shall not be used to construe the meaning or intent of the Canady’s TOS. You may not assign or transfer the Canady’s TOS or sublicense the rights granted hereunder without Canady’s express prior written consent. Any purported assignment, transfer, or sublicensing of the Canady’s TOS or the rights or obligations hereunder in violation of its terms is void. Canady’s may assign or transfer the Canady’s TOS from time to time in its sole discretion. The Canady’s TOS is binding on all permitted successors and assigns. The governing law of the Canady’s TOS is the substantive laws of the State of North Carolina. The Canady’s TOS will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.
The Canady’s TOS does not change or affect any other written agreement(s) that you now or in the future may have with Canady’s. In the event of any conflict between those agreement(s) terms and the Canady’s TOS, those agreement(s) terms will govern in that instance.
Any dispute arising out of or in connection with the Canady’s TOS or the Service, including any question regarding the existence, validity or termination of the Canady’s TOS, shall be resolved by binding arbitration conducted in Lenoir County, North Carolina a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. Each party to such arbitration shall bear its own respective fees and expenses.
Notwithstanding the foregoing arbitration requirements, Canady’s never shall be precluded or delayed from seeking and obtaining emergency, temporary, preliminary or permanent injunctive relief in State, Federal, or any other courts of competent jurisdiction to protect and enforce its intellectual property rights or to remedy your unauthorized uses of the Service or the Service Content if Canady’s reasonably deems such relief necessary. You agree to and shall not challenge the personal jurisdiction and venue of the State and Federal courts in the State of North Carolina for such purpose. Canady’s may enforce any judgment or award in any court of competent jurisdiction.
You must commence a proceeding arising out of or in connection with the Canady’s TOS or the Service no more than one (1) year after the date on which the claim that is the subject of the proceeding arose. You waive any statutes of limitations to the contrary.
To the fullest extent permitted by applicable law, you waive your right to bring or participate in any class arbitration proceedings against Canady’s or its affiliates.
To the fullest extent permitted by applicable law, you waive your right to bring or participate in any class action proceedings against Canady’s or its affiliates.
IN ANY ACTION OR PROCEEDING BROUGHT CONCERNING THE SERVICE, THE CANADY’S TOS, OR SUBJECT MATTERS COVERED BY THE CANADY’S TOS, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE NOW OR HEREAFTER TO A TRIAL BY JURY.
Questions or comments
If you have any questions or comments about our Service or Canady’s TOS, please contact us:
Via email: firstname.lastname@example.org
Via traditional mail: Canady’s Heavy Truck Parts, Inc., Attn: Canady’s TOS, 5779 Hwy 70 West, LaGrange, NC 28551
HEAVY TRUCK PARTS, INC and the Canady’s logo are exclusive service marks of Canady’s
Heavy Truck Parts, Inc.
All rights reserved. Unauthorized use or reproduction prohibited.