APPLIANCEPARTSHQ.CA TERMS OF USE

Last Updated November, 2018

Welcome to AppliancePartsHQ.ca. This site is provided by Appliance Parts HQ as a service to our customers. Please review the following basic rules that govern your use of this site and the services it provides to you. Please note that your use of AppliancePartsHQ.ca constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this site and thereby bypass these Terms of Use, your use of AppliancePartsHQ.ca still binds you to these Terms of Use. Appliance Parts HQ reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued use of AppliancePartsHQ.ca following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use, as changed. For this reason, we encourage you to review these Terms of Use whenever you use this site.

Copyright

All content included on this site, such as text, graphics, photos, logos, button icons, images, digital downloads, data compilations, and software, is the property of Appliance Parts HQ or its licensors or other content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of Appliance Parts HQ and protected by Canadian and international copyright laws. All software used on this site is the property of Appliance Parts HQ or its software suppliers and protected by Canadian and/or international copyright laws.

License and Site Access

Appliance Parts HQ grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Appliance Parts HQ. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Appliance Parts HQ. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Appliance Parts HQ, our affiliates or suppliers without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Appliance Parts HQ name or trademarks without the express written consent of Appliance Parts HQ.

You may not use any direct linking or source-calling of any media presented on this web site. Any unauthorized use terminates the permission or license granted by Appliance Parts HQ. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AppliancePartsHQ.ca so long as the link does not portray AppliancePartsHQ.ca, Appliance Parts HQ, its affiliates, suppliers or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of Appliance Parts HQ, its affiliates or suppliers as part of the link without express written permission of the applicable owner. Appliance Parts HQ may change, modify, update, suspend, make enhancements to and add and/or remove functionality of AppliancePartsHQ.ca at any time without prior notice to or approval from you. You may not use AppliancePartsHQ.ca in a manner that fails to comply with these Terms of Use, failing which Appliance Parts HQ reserves the right to suspend or terminate your access to use AppliancePartsHQ.ca on a temporary or permanent basis.

Cookies and Electronic Data

Appliance Parts HQ may collect certain data for general statistical information each time this website is visited. This information is collected through the server web logs and may consist of dates and times of visits to this website; the IP addresses of visitors to this website; the operating system and browser version of the computers of visitors to our website. This data is not used individually to identify users of this website, but is used to analyze system performance, usage, peak usage and usage trends. This website may employ the use of identifying technologies such as "cookies", beacons, tags and scripts, which your computer receives when you visit certain websites. Cookies are small data files (text) that are transferred from a standard web server to a user's browser and contain information that can be read by a web server for record-keeping purposes. The use of cookies is a standard practice on the Internet and can improve the service that a website provides. The information stored in cookies is not used to personally identify an individual and does not contain "personal" information or data. Cookies may be rejected if a user's browser is set to reject or deny cookies; if a user has a third-party program installed that interferes or prevents cookies (i.e., certain firewalls, anti-virus or anti-spyware programs) or notifies the user whenever a cookie is sent to the user's computer. Cookies sent by Appliance Parts HQ that are rejected may limit access to this website or this website may no longer function as intended or be accessible to the user.

Links to Third Party Websites

This website may contain links or references to websites, products or services owned, operated or offered by third parties other than Appliance Parts HQ or its affiliates ("Third Party Sites"), including, but not limited to certain of its suppliers, all of which are provided for your reference only. Appliance Parts HQ does not control the Third Party Sites, is not responsible for the content or conformity with applicable laws of Third Party Sites and expressly disclaims all responsibility and liability in relation to the information contained in Third Party Sites. The inclusion of links to Third Party Sites on this website does not imply any endorsement or approval by Appliance Parts HQ of the content or materials on Third Party Sites or the products or services that may be offered on Third Party Sites nor does such inclusion, unless expressly disclosed otherwise, imply: (i) any sponsorship, affiliation, partnership or association of Appliance Parts HQ with the owner or operator of Third Party Site; or (ii) any authorization of Appliance Parts HQ to use any copyright, trademark, logo, trade name or other legally protected material that may appear in the Third Party Sites.

Pricing or Typographical Errors

While Appliance Parts HQ strives to provide accurate product and pricing information, pricing or typographical errors may occur. AppliancePartsHQ.ca cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Appliance Parts HQ shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Appliance Parts HQ may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Colors and Finishes

We have made every effort to display as accurately as possible the features of products that appear on the site, including colours and finishes. However, the actual colors you see will depend on the device you use to access AppliancePartsHQ.ca and we cannot guarantee that your any color or finish you view will be accurate. Customers are encouraged to fully review all descriptions and any provided specifications or manufacturer documentation to ensure the product being purchased is suitable for their needs. Appliance Parts HQ is not responsible for changes to products implemented by manufacturers without notice and other factors beyond its control.

Brand Logos

Where manufacturer brand logos are used throughout this website, such use is intended only to reference the manufacturer brand with which the applicable part, accessory or product is compatible and does not imply that such part, accessory or product is an original equipment manufacturer (OEM) part.

Instructional Videos, Repair Recommendations and Product Cross-References

Certain contents of AppliancePartsHQ.ca are made available and are intended for informational purposes only, including instructional videos, repair recommendations and product cross-references. Where product descriptions make reference to a "Possible Repair Solution", such references are only intended to assist customers in identifying potential or common problems that the product may assist in repairing. Nothing contained in or provided through the videos made available on AppliancePartsHQ.ca is intended to constitute professional advice, to replace the information found in any installation or service manual provided with any of the products depicted in the videos or to substitute for the advice of a trade professional. Appliance Parts HQ endeavours to ensure the accuracy of all product cross-references and the interchangeability of cross-referenced products; however, Appliance Parts HQ assumes no responsibility for any errors in such cross-references, including as a result of manufacturer changes to model numbers, specifications, operating characteristics or obsolescence.

Appliance Parts HQ does not warrant the accuracy, adequacy, completeness, reliability or usefulness of such content or that the content is applicable to any individual circumstance and does not guarantee any specific result and any reliance you place on the content available on AppliancePartsHQ.ca is strictly at your own risk.

Appliance Parts HQ recommends that you always use appropriate safety equipment and procedures when engaging in any installation, repair, replacement or other home improvement activities, including those shown in any video made available on AppliancePartsHQ.ca. Appliance Parts HQ promotes safe work habits in our videos; however, if you are unsure, unclear, unaware or unfamiliar with such equipment and/or procedural requirements, Appliance Parts HQ urges you to seek the services of a trade professional.

UNDER NO CIRCUMSTANCE WILL Appliance Parts HQ OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY OF THE CONTENT COMMUNICATED IN THE REPAIR RECOMMENDATIONS, VIDEOS AND PRODUCT CROSS-REFERENCES MADE AVAILABLE ON AppliancePartsHQ.ca, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN THE CONTENT, OR FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) INCURRED AS A RESULT OF THE AVAILABILITY OR ANY USE OF SUCH CONTENT.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge, which may include a reversal of any charge to your credit account with Appliance Parts HQ.

Quantity Limits

AppliancePartsHQ.ca reserves the right to limit the quantity of items purchased per customer or per order. These restrictions may be applicable to orders placed by the same payment account and to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer email and/or billing address provided should such limits be applied.

Privacy and Your AppliancePartsHQ.ca Account

Appliance Parts HQ's Privacy Policy (https://www.AppliancePartsHQ.ca/sections/privacy-policy) forms an integral part of these Terms of Use, and describes how Appliance Parts HQ collects, uses, discloses, manages and stores personally identifiable information ("Personal Information"), including that which you may supply to Appliance Parts HQ pursuant to your use of our services.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Should you become aware of unauthorized access to your account, you must promptly notify Appliance Parts HQ. Additionally, you may not use any other party's account at any time, without the permission of such account holder. Appliance Parts HQ is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by Appliance Parts HQ, another user or any third party due to misappropriation and use of your account. If you become aware of any unauthorized use of your AppliancePartsHQ.ca account, please immediately notify Appliance Parts HQ. If you allow your employees to access the AppliancePartsHQ.ca, such access must be for your sole benefit. As the account owner, you are responsible for the compliance with these Terms of Use and applicable law by your employees.

Minors

If you are under 18, you may use AppliancePartsHQ.ca only with consent of a parent or guardian. AppliancePartsHQ.ca reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Social Media

Appliance Parts HQ's use of social media serves as an extension of its presence on the Internet. Social media account(s) are public and are not hosted on Appliance Parts HQ servers. Users who choose to interact with Appliance Parts HQ via social media should read the terms of service and privacy policies of such third-party service providers and those of any applications you use to access them. Personal information that you provide to Appliance Parts HQ via social media account(s) is collected in accordance with our privacy policy and applicable laws and may also be subject to the privacy policies of third parties and the laws of jurisdictions other than Canada. This information may include that collected to capture conversations (e.g. questions and answers, comments, "likes", re-tweets) between you and Appliance Parts HQ and may be used to respond to inquiries or for statistical, evaluation and reporting purposes. Any comments which are posted that violate applicable laws will be deleted and may be disclosed to law enforcement authorities.

Indemnification

You agree to defend, indemnify and hold Appliance Parts HQ and its affiliates harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your misuse of the AppliancePartsHQ.ca site in violation of these Terms of Use.

Restrictions on Use

The software, workflow processes, user interface, designs, know-how, and other technologies provided by Appliance Parts HQ as part of AppliancePartsHQ.ca are the proprietary property of Appliance Parts HQ and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Appliance Parts HQ. You may not remove or modify any proprietary marking or restrictive legends on AppliancePartsHQ.ca. Appliance Parts HQ reserves all rights unless expressly granted in these Terms of Use. You may not (i) sell, resell, rent or lease your limited right to use AppliancePartsHQ.ca or use it in a service provider capacity to any third party; (ii) use AppliancePartsHQ.ca to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of AppliancePartsHQ.ca; (iv) attempt to gain unauthorized access to AppliancePartsHQ.ca or its related systems or networks; (v) reverse engineer the services provided by AppliancePartsHQ.ca; or (vi) access AppliancePartsHQ.ca to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

Disclaimer

AppliancePartsHQ.ca IS PROVIDED BY Appliance Parts HQ ON AN "AS IS" AND "AS AVAILABLE" BASIS. Appliance Parts HQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Appliance Parts HQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Appliance Parts HQ DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF AppliancePartsHQ.ca, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM(S) PURCHASED. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

Limitation of Liability

NEITHER Appliance Parts HQ NOR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, AND IN NO EVENT WILL Appliance Parts HQ BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PRODUCT PURCHASED ON THE AppliancePartsHQ.ca SITE GIVING RISE TO ANY CLAIM.

General

These Terms of Use represent the complete agreement between users of AppliancePartsHQ.ca and Appliance Parts HQ with respect to your use of AppliancePartsHQ.ca, and supersedes all prior agreements and representations between them. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Appliance Parts HQ to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit the rights of Appliance Parts HQ with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under the laws of the province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this site will be subject to binding arbitration following rules established by the Canadian Arbitration Association. Any such action or proceeding shall be brought on an individual basis and shall not be consolidated with any dispute of any other party.