Conditions of Use

Acceptance of Terms of Use

Introduction

Thank you for visiting apwagner.ca. Access to and use of this Internet Web site (referred to as this "Site") is governed by the terms and conditions set forth below, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using this Site, you agree to abide by the terms and conditions set forth below. As used in this Site, the term "apwagner.ca" is intended to include AP Wagner, Inc. and its employees.

Copyright Notice

This Site is protected by the copyright laws of the United States of America, 17 U.S.C. Sec. 101 et seq. Except as specifically permitted in accordance with the terms and conditions governing use of this Site, any copy, other reproduction, display, performance or retransmission of all or any of the contents of this Site is strictly prohibited. All rights reserved. Please see the section below entitled "Notice Concerning the Use of Documents, Images and Information on this Site."

Trade Name/Trademark Notice

"Apwagner.ca" and "AP Wagner" are trade names of the AP Wagner, Inc.; any use of such trademarks or trade names is strictly prohibited absent the prior written consent of AP Wagner, Inc. In addition, the names, trade names and/or trademarks of third parties may appear on this Site from time to time. All such names, trade names and trademarks are proprietary to their respective owners and may be used only with the express written permission of their respective owners.

Use This Site at Your Own Risk

Every user who visits this Site does so at her or his own risk. AP Wagner, Inc. makes no representations or warranties of any kind as to (a) the accuracy or completeness of the information or materials contained in this Site, and assumes no responsibility for any errors or omissions in the contents of this Site (which may include factual or typographical errors and/or technical inaccuracies); (b) the availability for use of any copyrighted, trademark or otherwise proprietary materials of third parties which may appear in this Site; (c) the presence or absence of computer viruses or other bugs which third parties may embed in or attach to this Site without AP Wagner, Inc.'s knowledge or consent; or (d) the merchantability, fitness for use, title and/or non-infringement of any or all of the contents of this Site. Regarding communications with AP Wagner, Inc. through this Site, AP Wagner, Inc. makes no representation or warranty concerning the security of any data transmitted to AP Wagner, Inc. AP Wagner, Inc. shall treat any data or information transmitted to it through this Site as non-confidential and non-proprietary. Neither AP Wagner, Inc. nor any other party involved in the creation, production or delivery of this Site, or whose materials or information appear in this Site assumes or accepts any liability, regardless of whether based on contract, negligence, intentional wrongdoing or liability without fault, for any costs, losses, damages (whether direct, indirect, compensatory, special, lost profits, liquidated, consequential or punitive), arising out of or in any way in connection with the user's access to, browsing of or use of this Site or any of the contents of this Site, without regard to the source of such contents, or with the unavailability or failure of performance of this Site for any reason.

Notice Concerning the Use of Documents, Images and Information on This Site

Documents, Images and Information Proprietary to AP Wagner, Inc.

Documents, images and information proprietary to APC including the contents of descriptions of parts, parts availability, and pricing (collectively referred to as "AP Wagner Materials"), may not be copied, reproduced, downloaded, scrapped, or otherwise used without the express written consent of AP Wagner, Inc. The AP Wagner Materials may be used solely for non-commercial purposes, and shall not be further copied, uploaded to any network, intranet or Internet, rebroadcast or retransmitted, or otherwise disseminated in any medium without the express written permission of AP Wagner, Inc.

Documents, Images, Information and Other Materials Proprietary to Others

The contents of this Site may from time to time contain documents, images, information and other materials not proprietary to AP Wagner, Inc., or the names, trade names, trademarks, logos or designations of third parties. All such materials will be referred to as "Non-AP Wagner Materials." Any use whatsoever of any Non-AP Wagner Materials is strictly prohibited unless the prior written permission of the appropriate third parties has been secured.

Links

For the convenience of users of this Site, one or more links to other Internet Web sites may appear from time to time. AP Wagner assumes no responsibility for the contents of any other Internet Web site, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between this Site and any other Internet Web site is not and shall not be understood to be an endorsement by AP Wagner, Inc. of the owner or proprietor of the linked Internet Web site, nor an endorsement of AP Wagner, Inc. by the owner or proprietor of such linked Web site.

Passwords

Registration for a Password and use thereof signifies acceptance of these Terms and Conditions. AP Wagner, Inc. may immediately cancel the use of any Password used contrary to these Terms and Conditions, in addition to any other rights and remedies AP Wagner, Inc. may have.

Online Ordering and Pricing

We strive for a 100% accurate site; however we do not guarantee that any content is complete or accurate including pricing and product specifications. If we discover any inaccuracies, errors or omissions we reserve the right to correct those errors at any time.

We also reserve the right to discontinue offering any products, sales or other special offers at any time. We reserve the right to refuse or cancel any order or sale for the following reasons: inaccuracies, limitations in product availability, errors in product or pricing information, suspected fraud, problems with method of payment, product size and/or shipping costs, or customer conduct is found to be in violation of Canadian or U.S. laws.

If an order you placed is cancelled or changed, every reasonable effort to contact you will be made, and any charges for the items will be refunded.

We reserve the right to limit quantities.

Some offers may only be valid within the United States

If you do not agree with such terms your only recourse is to not place an order.

Shipping

All prices shown on our site are in Canadian dollars without shipping and handling fees and applicable taxes which may apply to your order. We use Purolator and other third party carriers to provide shipping and are not responsible for losses, damages or delays once a shipment leaves our possession.

Returns and Warranty Policies

If you are not satisfied with an order, you have up to 30 days to return the unopened or unused portion of the product and you will be credit for the amount of the order, minus shipping and handling fees. You must include the packing slip or shipping receipt with your return.

All products and items sold on our site are sold “AS IS” and come without a guarantee or warranty from us, either expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose.

In some cases, products carry a warranty provided by the manufacturer. You agree that AP Wagner is not the enforcer of such a product warranty and any dispute or damages resulting from the use or misuse of said product are with the manufacturer and not with AP Wagner. You agree that AP Wagner is not responsible for the use or misuse of any product and/or the resulting loss or losses claimed or suffered by you or any third party whether they be punitive, special, exemplary, incidental, indirect, or consequential, including but not limited to, loss of business profits, loss of “good will”, business interruption or loss of data.

Manufacturer Part Warranties

Most parts purchased from AP Wagner come from the manufacturer with a 90-day limited warranty against factory defect. In some cases, some manufacturers offer a one-year limited warranty. Because manufacturers can change their warranty policy at will, please call our customer service center at (888) 279 2463 if you have any questions regarding the warranty of your part. Also be sure to read all the information that comes with your part for any warranty information.

If a part you purchased from us is defective, please call our customer service center at 1-800-287-1627 to exchange your part.

Exchanges do not cover any shipping charges.

User Submissions and Conduct

You agree that any content you upload post or submit to AP Wagner and its affiliates is worldwide license to use such content royalty-free, perpetual, irrevocable and non-exclusive. Submitting such material does not mean you will be compensated in any way, shape or form, unless otherwise noted under separate written contract.

Your Submissions may be modified, edited and changed as we see fit and by submitting such material you authorize you have the right to grant such use. We also have the right to reproduce now or at a later date, such material or to incorporate it in other works in any form, media or technology. If you submit materials under a user or account name, such materials will be attributed to said name.

Some areas of our site are open to user participation. By using, posting and/or reading this area or areas of our site, you agree to not harass, defame, “stalk”, libel or threaten any individual(s) or entity(ies) in any way.

The user also agrees not to use the site, the users or content therein, to further any commercial purpose or venture. This includes harvesting e-mail addresses, sending marketing, sales, contests, chain letters, investment opportunities, or any form of “spam” either to users on the site or to post the following items on the Site.

By using our Site and any areas of user participation you agree to refrain from the use of obscene, profane, indecent, sexually explicit or derogatory language. Since comment and user participation areas are not controlled directly by AP Wagner, such content cannot be used to hold AP Wagner responsible or liable.

You agree to not violate any applicable local, state, federal, national, international laws, rules, statues or regulations.

The user agrees that all information submitted by and about him or her is true, current and factual. Users agree not to impersonate any person or entity. We reserve the right to delete any account we suspect to be in violation of these Terms.

You agree not to post, transmit, upload or publish material that you do not hold the proper copyrights, licenses and/or ownership rights. Material that infringes upon Third Party rights will be deleted from our site without consent or prior notification to the User who posted it.

We reserve the right (but not the obligation) to remove, edit or delete any material we find harmful or objectionable to our users, our affiliates or our company, or that may damage the Site or the computers of our users without notification or consent from the User that posted it. If you believe your information was removed in error, your only recourse is to contact us at webmaster@APWagner.ca.

Your membership and right to use APWagner.ca can be refused, declined or terminated at any time for any reason or for no reason. Such a decision is final and cannot be appealed.

AP Wagner is not responsible for any content posted by Third parties. If you have a dispute with one or more users, you release us from any claims, demands, damages, (actual and consequential) of every kind and nature, arising out of or in any way connected with such disputes.

Privacy Policy

Your privacy is important to us. Please read our Privacy Policy for information about how we protect it and the information used and gathered on this site.

Disclaimer of Warranties

THE MATERIALS ON THE WEBSITE, INCLUDING REPAIR INFORMATION, TIPS AND ADVICE, ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND ARE MADE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE MATERIALS, CONTENT OR PRODUCTS ON THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME PRODUCTS PURCHASED ON THIS SITE COME WITH A WARRANTY FROM THE MANUFACTURER. YOU AGREE THAT APWAGNER IS NOT THE ENFORCER OF SUCH A PRODUCT WARRANTY AND ANY DISPUTE OR DAMAGES RESULTING FROM THE USE OR MISUSE OF SAID PRODUCT ARE WITH THE MANUFACTURER AND NOT WITH APWAGNER.

WE, OUR AFFILIATES, AND OTHER THIRD PARTY PROVIDERS ON THIS SITE, DO NOT MAKE ANY WARRANTIES OR GUARANTEES AS TO THE QUALITY, AVAILABLITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS SITE. WE AND OUR AFFILIATES DO NOT GUARANTEE THAT THE INFORMATION, SERVICES OR PRODUCTS PURCHASED OR OBTAINED FROM THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. ANY RELIANCE YOU PLACE ON SUCH MATERIALS FROM THIS SITE IS THEREFORE STRICTLY AT YOUR OWN RISK.

Limitations of Liability

AP WAGNER, ITS EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES OR OTHER REPRESENTATIVES, SHALL NOT BE LIABLE WHETHER IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE), FOR ANY DAMAGES, WHETHER PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS AND THE LIKE, SUFFERED BY YOU, YOUR PROPERTY OR ANY OTHER PERSON, AS A RESULT OF YOUR USE OR MISUSE OF THIS WEBSITE OR THE MODIFICATION, SUBMISSION, OMISSION, COPYING, DISTRIBUTION, OR DOWNLOADING OF THE MATERIALS ON THIS SITE. THIS ALSO INCLUDES DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR, EVEN IF AP WAGNER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AP WAGNER ASSUMES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY OTHER THIRD PARTY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Laws

AP Wagner’s headquarters reside in the State of New York and hereby abides by all local laws of that state as well as the federal laws of the United States. Should any dispute arise between you and APWagner.ca and its affiliates, you agree solely and exclusively to the venue and jurisdiction of and in New York State and you agree to submit to the personal jurisdiction of such courts and other dispute resolution organizations. You consent to be bound by and abide by the laws of New York State and the United States if such a dispute should arise without giving effect to any principles of conflicts of laws.

You agree that the exclusive remedy for any disputes or claims relating to our Terms of Use or APWagner.ca, excluding legal action taken by us to obtain an injunction relating to its intellectual property, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Buffalo, New York, without regard to conflicts of law provisions. No other dispute, claim or third party will be consolidated into your dispute or claim. Such proceedings must occur within ONE YEAR of the alleged claim or dispute; otherwise such a claim will have no recourse for remedy.

Indemnity

You agree to indemnify and defend AP Wagner and its employees, directors, officers, affiliates or other representatives, against any claims, including reasonable legal fees, made by third parties due to, or resulting from, your use of, or content posted, submitted, transmitted or made available by you, on the site.

General

This website operates from New York State and follows the local laws of this area. Since this website can be accessed world-wide and some or all information and/or areas of this site may not correspond to the local laws of your area. The adherence to and knowledge of local laws governing, including and not limited to, the importing and exporting of goods, the transmission of data and the use of technology is your responsibility.

The agreement to these Terms of Use does not constitute employment, partnership or any other type of business venture or relationship between you and AP Wagner.

The terms listed here supersede any other Terms of Use whether written, spoken or implied in any other way.

If any part of these Terms are found to be invalid or unenforceable by Canadian or Provincial Laws, the remainder of the Terms shall remain valid and enforceable to the fullest extent permitted under applicable law. These Terms are binding upon you and your heirs, representatives, and successors