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Terms & Conditions

www.canadyspartsinc.com

Last updated on Septemember 18, 2019

This http://canadyspartsinc.com website and service (together, the “Service”) is provided by Canady’s Heavy Truck Parts, Inc. (“Canady’s”). Your use of the Service is governed by these Canady’s Terms of Service (the “Canady’s TOS”). Please read them carefully before using the Service. By using the Service, you agree to be bound by and honor all terms and provisions of the Canady’s TOS. If you cannot agree to the Canady’s TOS, then you must not access or otherwise use the Service. The Canady’s TOS applies whether you are accessing the Service via a personal computer, wireless or mobile device, or any other technology or device.

In the Canady’s TOS, Canady’s sometimes refers to itself as “we” or “us,” and sometimes refers to you as “you,” the “user,” or the “visitor.”

From time to time, Canady’s may update or otherwise modify the Canady’s TOS in its sole discretion. We will post or display notices of material changes on the Service and/or notify you via other electronic means. How we do so is at our discretion. Once we post or make them available on the Service, these changes become effective immediately or as of the effective date otherwise specified, and your continued use of the Service shall confirm your agreement to the modified Canady’s TOS. Modifications will not have retroactive effect. We recommend that you check back frequently and review the Canady’s TOS regularly so that you are aware of the most current rights and obligations that apply to you.

The Service is not marketed to or intended for anyone under 18 years old, or anyone under the legal age of majority in his or her state, country or other jurisdiction of residence. Such individuals must not use the Service.

Service ownership, Service Content and your Service use

The Service is owned by Canady’s, including all text, graphics, photographic images, audio, video and audiovisual recordings, and other content published via the Service (collectively, such elements are “Service Content”). Certain Service Content elements are owned by third parties who have permitted Canady’s to use them (for example, certain text and photographic image contributions); Canady’s claims no ownership of such third party elements.

You may view, download and print copies of Canady’s Service Content elements for your own reasonable personal use. Otherwise, you may not reproduce, display, distribute or transmit copies of Canady’s Service Content elements. Canady’s reserves all rights to its Service Content.

You may link to the Service from your own website, but only to the Service’s home page (www.canadyspartsinc.com)  (i.e., no “deep links”), and only in a manner that does not state or imply Canady’s sponsorship, endorsement, license or other affiliation between Canady’s and you, your website, products, services, activities or representatives. Canady’s reserves the right to prohibit and/or block such links, at any time(s) and without any notice to you.

Without limitation, you agree not to do or permit or engage anyone else to do any of the following:

a.     use scrapers, phishers, crawlers, Internet agents, indexers, spiders, robots, bots, data extraction or mining devices, or other similar devices, programs, algorithms, subroutines or technology that performs the same or similar functions, whether to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor the Service or any portions thereof, or for any other purpose or reason;

b.     use or access the Service by any means other than via the user interface(s) provided by Canady’s for such purpose;

c.     hack or otherwise attempt to access or use the Service without our authorization, or disable, impede, circumvent or otherwise interfere with the Service’s features, security, connections, servers, networks or other elements;

d.     use the Service in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Service, or place more than reasonable single-user demands on our systems, servers and resources furnishing the Service;

e.     frame, inline, mirror or otherwise repurpose, commercialize or similarly use the Service or Service Content in any way for any purpose;

f.      copy, reproduce, distribute, republish, tweet, syndicate, license, sublicense, download, archive, store, perform, display, post, transmit, exploit, create derivative works or otherwise use the Service or any Service Content in any form, by any means, or for any purpose, without Canady’s express prior written consent (but you may view, download and print copies of Canady’s Service Content elements for your own reasonable personal use); and

g.     use the Service or Service Content for any illegal purpose or in any manner that violates any applicable law.

You agree that the foregoing prohibited uses and actions violate the Canady’s TOS, and additionally do or may violate copyright, trademark, privacy and publicity rights of Canady’s and others, and also do or may constitute other violations of law, all for which you agree to be liable.

Canady’s may from time to time modify or discontinue, temporarily or permanently, the Service (and parts thereof) with or without notice, and without any obligation to you. Canady’s also may terminate or suspend your use and access to all or any parts of the Service, with or without notice, and for any reason or no reason, in Canady’s sole discretion. Such termination or suspension will not terminate or suspend the Canady’s TOS as applied to you.

Canady’s controls the Service from its offices in the State of North Carolina in the U.S. Canady’s makes no representation or warranty that the Service or Service Content is legal, appropriate or available for use in other locations. Those who access the Service from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent that local laws, rules and regulations apply. No software made available in connection with the Service may be downloaded, exported or re-exported into, or to a national or resident of, any countries that are subject to U.S. export restrictions.

Your user account for the Service

You might wish to establish a user account for the Service, as doing so might make available to you more of the Service’s features and functionality. In either case, the Canady’s TOS applies to your use of the Service. Establishing a user account bears no fee, but a user account is subject to the following rules: You must supply and maintain truthful, complete and up to date information about you as may be prompted by any registration wizards or forms on the Service. You must guard your Service password and any other Service security tokens or credentials against theft or unauthorized third party use. You must alert us immediately and also change your Service credentials if you know or have reason to suspect that your Service credentials have been stolen or compromised. You are responsible for all activities that occur under your password or account, including unauthorized purchases and charges.

User generated content

The Service might include text, messages, comment posts, information, music, video, sounds, image, illustrations, graphics or other elements posted, submitted, uploaded or otherwise provided by you and/or other Service users (all of which we refer to as “user generated content” or “UGC”), including by means of electronic chats for customer service or technical support, comment threads, blogs, tips, ratings, reviews, notes, emails, knowledge base and any and all other systems, interfaces or features (collectively, we refer to such Service features and sections as “UGC Features”).

So that all users desiring to do so may use UGC Features in a respectful and enjoyable manner, you agree not to create, post, upload, display, transmit, distribute, publish and store and otherwise use with or via the Service any of the following:

a.     UGC that violates any law, or that is libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, lascivious, suggestive, harassing, threatening, bullying, abusive, inflammatory, hate speech, repugnant, rude, boorish or otherwise reasonably objectionable.

b.     UGC that infringes or otherwise violates any copyright, trademark, trade secret, patent, right of privacy or right of publicity, or any right of any third person or entity.

c.     UGC that is fraudulent or misrepresentative, or that impersonates any person or entity or otherwise implies a false affiliation with or authorization by a person or entity.

d.     Personal or personally identifying information of any third person or entity, including information pertaining to their medical records and histories, financial information, Social Security numbers, names, addresses, e-mail addresses, telephone numbers, mobile phone numbers, and credit card account numbers.

e.     UGC containing advertising and promotions, political speech, political campaigning, fundraising, solicitations of any sort, scams, offers to send money, offers of employment or engagement, junk mail, spam, chain letters, pyramid schemes, get rich quick schemes, weight loss schemes, and other such inappropriate nonsense.

f.      UGC containing or comprised of computer viruses, worms, Trojan horses, and other computer malware, spyware or adware.

You grant us and our affiliates, sublicensees, transferees and successors the nonexclusive, royalty-free, perpetual, irrevocable and fully transferable and sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, combine with other elements, distribute, perform and display your UGC throughout the world, in any and all media now or hereafter known, for any and all purposes, and without further consideration or notice (the “UGC License”).

You use UGC Features at your own risk. Canady’s undertakes no obligation to edit, remove, store, back up, maintain, use, not use, deliver, furnish or otherwise act or omit to act concerning UGC. You understand that we do not control others’ uses of UGC Features and that we are not responsible for what or how you or others might use or post as UGC, or for its loss, damage, destruction or alteration. You will not seek to edit or delete others’ UGC. You understand that UGC is viewable by everyone and is not covered by any privacy policy or protection.

You represent and warrant that (a) you own and/or control all rights necessary to UGC to grant the UGC License to us; and (b) UGC does not infringe or violate third party intellectual property or other rights, or otherwise violate applicable law; and (c) UGC and the use thereof does not violate the Canady’s TOS.

Canady’s assumes no responsibility for monitoring the Service for inappropriate content or conduct. If at any time Canady’s chooses in its sole discretion to monitor the Service, Canady’s nonetheless assumes no responsibility for UGC or UGC Features, assumes no obligation to modify or remove any UGC, and no responsibility for the conduct of any user. Canady’s reserves the right to investigate and take appropriate legal action against anyone who, in Canady’s sole discretion, violates, or is suspected of violating, the Canady’s TOS, including, without limitation, reporting you to law enforcement authorities. Further, you agree that Canady’s may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce the Canady’s TOS or Canady’s intellectual property rights; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Canady’s, users or any third parties, including acting in urgent circumstances.

Copyright infringement concerns / Digital Millennium Copyright Act Takedown Notices

If you believe that any material published via the Service infringes or otherwise violates your copyright rights, you may request that we remove it by sending to our designated Copyright Agent a written notice containing the following information and statements:

a.     Identify the work that you believe has been infringed. Describe the work, and provide a copy of the work or a website address at which we can review it. Include links, page numbers or other appropriate references to help us to locate the work.

b.     Identify the content or other information that you believe infringes your work. Include all links to our Service page(s) to help us locate the information on the Service.

c.     Provide your name and contact information so that we may reach you to discuss your notice as appropriate.

d.     Include a statement that you have a good faith belief that the use of the information is not authorized by the copyright owner, its agent, or otherwise by law.

e.     Include a statement that the information that you have submitted is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or its representative authorized to act on its behalf.

f.      A signature or the electronic equivalent from the copyright owner or its representative authorized to act on its behalf.

The contacts for our Copyright Agent are as follows:

Via email: jcanady@canadyspartsinc.com  

Via traditional mail: Canady’s Heavy Truck Parts, Inc., Attn: Canady’s TOS, 5779 Hwy 70 West, LaGrange, NC 28551

Service abuse and Canady’s TOS violations

If you become aware of abuses or other violations of the Canady’s TOS that you wish to report, please contact us:

Via email: jcanady@canadyspartsinc.com  

Via traditional mail: Canady’s Heavy Truck Parts, Inc., Attn: Canady’s TOS, 5779 Hwy 70 West, LaGrange, NC 28551

Canady’s reserves the right (but undertakes no obligation) to take any action it deems fit against violators of the Canady’s TOS, including suspension and termination of any user account and any visitor’s use of the Service, for any reason or no reason, and with or without notice in Canady’s sole discretion.