Legal
By your use of 747 Auto Parts' website, you agree that the following Terms of Use form a legal and binding agreement between you and 747 Auto Parts, its affiliates, and related entities (collectively, "747 Auto Parts."), and that you will comply with the terms and provisions hereof.
Website Access
When you sign up for an account on 747 Auto Parts' website, you will be asked to provide specific information to create an account. You acknowledge that all information you provide is current, correct, and complete according to these Terms of Use. 747 Auto Parts reserves the right to terminate your account or refuse you access to its website if you provide outdated, incorrect, false, or incomplete information. 747 Auto Parts may take these measures at any time and without prior notice.
Restrictions on Use
By accessing the 747 Auto Parts' website, you agree that you will only use it for its intended purposes and avoid engaging in behavior that is unlawful or violates these Terms of Use. You may not, under any circumstances, co-brand, frame, or hyperlink to 747 Auto Parts' website, unless 747 Auto Parts allows you to do so, which decision shall be made by 747 Auto Parts at its sole discretion. These behaviors are defined as follows:
Co-branding: You will not display 747 Auto Parts' brand, trademarks, or logos on any website not affiliated with 747 Auto Parts or one of its various partners.
Framing: You will not frame 747 Auto Parts' website within any structure or navigation element of a website not affiliated with 747 Auto Parts or one of its partners.
Hyperlinking: You will not provide a hyperlink to 747 Auto Parts' website on an unaffiliated website unless you are allowed to do so by 747 Auto Parts at its sole discretion.
You agree to cooperate with 747 Auto Parts and immediately cease any instances of branding, framing, or unauthorized hyperlinking upon request. You also agree to avoid acting in a manner that disables, overburdens, damages or impairs the ability of others to use the 747 Auto Parts' website. You may not access, or attempt to access, information or confidential materials that are not intentionally made available through the 747 Auto Parts' website.
Communication Services
By using the communication services, bulletin boards, forums, and any other messaging systems provided on the 747 Auto Parts' website, you agree to use these services only for their intended purposes and according to these Terms of Use. You will not post, send, submit, publish, or transmit any of the following on 747 Auto Parts' digital platforms:
Proprietary material or intellectual property belonging to 747 Auto Parts or a third-party
Materials describing or advocating for illegal activity or expressing the desire or intent to commit a crime
Vulgar, obscene, or pornographic material
Threats, abuse, libel, defamation, harassment, or threatening or offensive language
Materials that harm or exploit children and minors
Names, phone numbers, addresses, email addresses, or other personal details of any third-party
Misleading or exploitative content, or any material that impersonates or misrepresents another entity or person
Material that is not properly attributed to the appropriate author or legal owner
Material consisting of personal or commercial solicitations, "spam," chain letters, or any other mass messaging
Material that contains malware, viruses, or any other destructive mechanism that poses a risk to the website
Proprietary Information
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by 747 Auto Parts (the "Content") is the proprietary information of 747 Auto Parts or the party that provided or licensed the Content to 747 Auto Parts. The Content expressly includes trademarks, service marks, logos, and copyrighted works belonging to 747 Auto Parts and its affiliates. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of 747 Auto Parts, except for printing out a copy of the Content solely for personal use. In doing so, the Content may not be removed or altered, or caused to be removed or altered, including any copyright, trademark, trade name, service mark, or other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates 747 Auto Parts' intellectual property rights. Neither title nor intellectual property rights are transferred to anyone accessing this website.
Third-Party Links and Hyperlinks
747 Auto Parts' website may be hyperlinked by other website not owned or maintained by 747 Auto Parts or its affiliated parties. 747 Auto Parts does not sponsor traffic to its website from external sources, and these links are provided as a service to users of those respective sources. When you follow a link to a third-party website from 747 Auto Parts' website and access external content, you agree to the respective third-party policies and terms of the website you visit. 747 Auto Parts is not responsible for the content of external third-party links, which you should access at your own risk and discretion. 747 Auto Parts does not guarantee the completeness, accuracy, or safety of third-party links. 747 Auto Parts provides hyperlinks as a convenience to customers and website users, and links to third-party website do not represent an endorsement of other organizations, their products, or their services by 747 Auto Parts.
Submissions
By submitting content to 747 Auto Parts through its website, you grant 747 Auto Parts the worldwide, royalty-free, sub-licensable, non-cancellable, and nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display comments, reviews, ideas, and feedback through its website. 747 Auto Parts also reserves the right to incorporate such content into other forms of media or technology to further its business objectives. Such submissions will not be considered confidential and may be used in marketing materials, products, or advertising without incurring any liability for royalties. 747 Auto Parts will handle the security of personal information and details according to its Privacy Policy.
Warranty Disclaimer
747 Auto Parts does not assume any responsibility for your use of the Internet or the downloading of potentially harmful files. You are responsible for protecting your computers and mobile devices from viruses, malware, worms, Trojan horses, and other security risks that may harm the integrity of your hard drive, files, or operating systems. You are responsible for protecting your data with personal anti-virus software, firewalls, and other sufficient programs, and recovering your lost data, in the event of a security breach or malfunction.
747 AUTO PARTS MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, CONCERNING THE USE OF OUR WEBSITE AND OTHER DIGITAL PLATFORMS, OR ANY PRODUCTS OR SERVICES PURCHASED THEREON, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF 747 AUTO PARTS' WEBSITE IS AT YOUR OWN RISK, AND THE CONTENT CONTAINED ON OUR WEBSITE IS PRESENTED AS IS AND WITHOUT GUARANTEE AGAINST ERRORS, DEFECTS, OR SECURITY RISKS. WARRANTIES ON PRODUCTS MAY BE AVAILABLE FROM THE MANUFACTURER THEREOF. WE MAKE NO WARRANTY REGARDING AND ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF, INTERNET SERVICE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY YOUR USE OF THE WEBSITE AND OTHER DIGITAL PLATFORMS.
You are responsible for the entire cost of servicing, repairing, or correcting any loss or damage resulting from the use of 747 Auto Parts' website. Prices and availability of products sold on 747 Auto Parts' website may change without notice. 747 Auto Parts does not assume responsibility for your use of the Content on its website and cannot be liable if your actions infringe on the rights and privacy of others. All of the information on 747 Auto Parts' website applies only as of the posted date, and 747 Auto Parts has no obligation to update or remove such information upon request.
Limitation of Liability
747 Auto Parts and the "Indemnified Parties" (defined below) will not be liable or responsible for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if 747 Auto Parts was advised of the possibility of such damages. At no point will the collective liability of 747 Auto Parts or any of the aforementioned parties (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to 747 Auto Parts for the applicable Content or service out of which liability arose. The limitation on liability set forth above may not apply in certain provinces. In these provinces, you may have additional remedies or damages available to you.
Indemnity
If you breach or violate these Terms of Use or the Privacy Policy, or use any 747 Auto Parts Content for a purpose not explicitly authorized by 747 Auto Parts in these Terms of Use, you will release, defend, indemnify, and hold harmless 747 Auto Parts and the Indemnified Parties (defined below) from responsibility for such breaches and violations. You agree that 747 Auto Parts and the Indemnified Parties will have no liability for any resulting losses, damages, judgments, awards, costs, expenses, and attorney's fees in connection with such breach or unauthorized use, and you will release, defend, indemnify and hold harmless 747 Auto Parts and the Indemnified Parties from the same. You also release, defend, indemnify and hold harmless 747 Auto Parts and the Indemnified Parties from any liability about claims brought by third parties that result from your breach, violation or unauthorized use of 747 Auto Parts' website and content. "Indemnified Parties" includes 747 Auto Parts, and any parent company, subsidiaries, and affiliates thereof, and their respective officers, directors, shareholders, partners, employees, agents, representatives, subcontractors, successors, and assigns.
Choice of Law and Jurisdiction
These Terms of Use will be governed and interpreted according to the laws of the Province of Ontario, in Canada, without giving effect to its conflict of law principles. In the case of a legal dispute concerning these Terms of Use, the use of 747 Auto Parts' website, or other legal matter, you consent to venue in a court of competent jurisdiction within the geographic boundary of the City of Toronto.
Security
Your password for 747 Auto Parts' website is for your use only. You are responsible for keeping your password safe, secure, and updated regularly. 747 Auto Parts will not monitor or protect your password, and you may be required to change it if 747 Auto Parts suspects the security of its website has been compromised. You must use a password that 747 Auto Parts deems secure and change it periodically, or 747 Auto Parts reserves the right to terminate your account.
The use of tools or programs designed to compromise 747 Auto Parts' website security (password breaking software, hacking tools, or unwanted probes) is strictly prohibited. By using 747 Auto Parts' website, you agree to take the appropriate actions to maximize the security of your account information, as well as cooperate with 747 Auto Parts employees and security staff if a breach of security is discovered. You are prohibited from compromising security, tampering with system resources, or willingly releasing account details to unauthorized parties. 747 Auto Parts reserves the right to investigate any violation or breach of security by releasing personal details to system administrators or legal authorities to resolve security incidents.
In the case of a court or administrative agency order or other legal inquiry, 747 Auto Parts reserves the right to comply and cooperate with law enforcement and satisfy such requests for user information. If requested for legal purposes, 747 Auto Parts may disclose such information as names, user account details, messages, or any proof of violation of 747 Auto Parts' Terms of Use. By using 747 Auto Parts' website, you release 747 Auto Parts and the Indemnified Parties from any liability for losses or damages resulting from 747 Auto Parts' compliance with such orders or inquiries, which are taken as a consequence of your activity on its website.
Tracking Information Legal Restrictions
747 Auto Parts may provide you with tracking information obtained through various shipping services for tracking orders mailed to you from its website. Any package tracking system and tracking information obtained through this service are the sole property of the third-party's respective services. You will not use these tracking systems for purposes not permitted by these Terms of Use. Any unauthorized use of these services, other than to track shipments to you, will be considered a violation of these Terms of Use.
You will not publish, distribute, copy, store, use, or sell such tracking information for commercial gain without the express consent of the applicable shipper(s). The respective tracking systems are provided as a service, and any access or use of these systems that violates these Terms of Use is strictly prohibited.
Termination or Restriction of Access
If you violate any of 747 Auto Parts' Terms of Use, 747 Auto Parts may at any time, and without notice, terminate or restrict your access to its website and services.
Assignability
747 Auto Parts reserves the right to assign these Terms of Use in part or in full to any affiliate or successor of 747 Auto Parts. You may not assign your rights and obligations described in these Terms of Use without prior, written consent from 747 Auto Parts.
Severability
If any provision, in part or in full, of these Terms of Use, is determined to be void or unenforceable, the remaining provisions of these Terms of Use shall not be affected. All remaining provisions shall remain binding, and in full force and effect.
Disputes
(a) Disputes and Claims. If any dispute or claim of any type arises between us about your use of the 747 Auto Parts' website or any products or services sold or distributed through the website, the dispute or claim will be resolved by binding arbitration, rather than through the courts. The exception to this requirement is described in subparagraph (e) below. In arbitration, there is no judge or jury. The arbitrator, however, can award damages just as a judge or jury can.
(b) Arbitration Procedures. Any arbitration proceeding will be administered by a neutral arbitrator, by its then-current rules and procedures about consumer disputes. We will jointly select a single arbitrator, but if we cannot agree on the selection of an arbitrator, a designate will arbitrate for us. The arbitrator may conduct the arbitration by teleconference or videoconference. If the arbitrator deems it necessary to conduct the arbitration in person, the arbitration will be held at a location that is mutually agreeable to us. In the event we can't agree on a location, the arbitrator shall choose a location, taking into account the cost and ability to travel of the parties.
(c) Arbitration Fees and Incentives. The rules will govern payment of all arbitration fees. 747 Auto Parts will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) No Class Actions. We agree that all disputes between us will be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
(e) Exceptions to Agreement to Arbitrate. Either you or 747 Auto Parts may assert claims, if they qualify, in small claims court in Toronto, Ontario or in any Canadian county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration described above.
(f) YOU UNDERSTAND, BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS AS SET FORTH ABOVE, THAT YOU ARE WAIVING YOUR RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM THROUGH OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, INCLUDING COURT ACTIONS OR ADMINISTRATIVE PROCEEDINGS. YOU UNDERSTAND AND AGREE THAT YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY AND, under SUBPARAGRAPH (d) ABOVE, YOUR RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS, ACTIONS, OR CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS OF ANY KIND.
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