PartPal.com Terms and Conditions

Use of this Web site constitutes acceptance of PartPal's Terms, Classified Guidelines and Privacy Policy.

PLEASE READ CAREFULLY BEFORE USING THIS SITE.

The materials on this web site are provided by PartPal as a service to it's customers, visitors, members and users. Information can be downloaded as single pages only and are subject to the provisions set out in PartPal's Terms and Conditions, Guidelines and Privacy Policy. If you do not agree, do not use the site or download any materials from it. If you have any concerns about the content of this site please contact sales@partpal.com. PartPal reserves the right to remove any material until any alleged infringements are investigated.

TRADEMARK and COPYRIGHT INFORMATION

"PartPal", "PartPal.com", and the PartPal logo are the property of PartPal. All other names and trademarks are the property of their respective holders.

OWNERSHIP OF MATERIALS

All Materials on this Site are Copyright © PartPal, All Rights Reserved, unless indicated otherwise. PartPal retains all copyrights in the individual pages, and their components, and collective works available at the Site.

DISCLAIMER

ALL OF THESE MATERIALS ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL PARTPAL, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE MATERIALS, OR RELIANCE ON THE CONTENT, OR ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY PARTPAL OR PARTPAL'S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER P ARTPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTPAL ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF USE OF THE SITE.

As some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. PartPal and it's parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. PartPal may make changes to these materials, or to the products described therein, at any time without notice. PartPal makes no commitment to update the materials. Any description of products or services in the materials is not a representation that any particular products or services are available for sale or distribution in your location. You agree to indemnify and hold PartPal and it's agents harmless from any fines, penalties, claims, complaints, or other actions arising from your unlawful use or possession of any of the materials obtained from or through the Site.

If necessary and in accordance with applicable law, PartPal will cooperate with local, state and/or Federal authorities to protect this site, visitors, customers, members, PartPal, it's parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders, agents and operational providers, to prevent unauthorized use of this Site.

LIMITATION OF LIABILITY

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, PARTPAL SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND PARTPAL AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES YOU PAID PARTPAL DURING THE MONTH IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND PARTPAL AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND PARTPAL AND REFLECTS THE FEES, IF ANY, PARTPAL CHARGES YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, PARTPAL WOULD NOT PROVIDE THE SERVICES OF THIS SITE TO YOU.

INDEMNITY

You agree to defend, indemnify and hold PartPal, it's parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages, including PartPal's reasonable attorneys' fees, expert fees and other reasonable costs of litigation arising from, incurred as a result of, or in any manner related to, your breach of this Agreement, your unauthorized or unlawful use of the Site, and the unauthorized or unlawful use of the Site by any other person using your Classified Number and/or Password.

SUBMISSIONS

Unless otherwise agreed in writing prior to your submission, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary. PartPal will have no obligations with respect to the communications. PartPal and it's designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

LINKS

Linked sites are not necessarily under the control of PartPal and PartPal is not responsible for the content of any linked site. PartPal reserves the right to terminate any link or linking program at any time. The selection or omission of links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and PartPal shall not be responsible for notification of any change in name or location of any information of the Site. PartPal reserves the right to request any web site administrator to disable or remove any link that violates any rights of PartPal or causes interruption or deterioration of services provided by PartPal. Failure to abide by this request shall be dealt with as any other unauthorized use or access to PartPal resources. The user is not permitted to post links to other 3rd party web sites without explicit written permission from PartPal.

DEALINGS WITH CLASSIFIED ADVERTISERS

Correspondence or business dealings between Buyers, Sellers, Advertisers or participants in promotions, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Advertiser. You agree that PartPal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Site.

• Product Information, Condition, Warranty: Know what you are signing as an Advertiser is not prohibited from negotiating all of the terms and conditions of the final sale. It is your responsibility to read all information provided by the Advertiser or seller and to inspect the products prior to completing any transactions.
• Be sure to review a written copy of the warranty before you complete the purchase of any product or service.
• The Seller or Advertiser is responsible for disclosing prior history, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage defect or irregularity of the Product.
• It is Advertiser's sole responsibility to ensure that the Product meets all local, federal and safety standards applicable for the model and year of the Product.
• Ask for and read a written copy of any return policies related to the product or service being provided and fully understand them before completion of any transaction.
• PartPal does not guarantee any product, pricing, or availability. All transactions are conducted between Buyers and Sellers.

ALL PRODUCTS ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST OR INQUIRY IS PROCESSED OR RECEIVED BY AN ADVERTISER. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY.

IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR PRODUCT PURCHASE OR LEASE.

Unless agreed to at the time of the sale, the seller is free to sell any product to anyone else at any time until an agreement between you has been reached or sale complete. A deposit does not guarantee that the product will be available unless agreed upon by both parties. It is your responsibility to be sure both parties understand all terms and conditions of the sale or service arrangement. You should not assume that any deposits are refundable unless agreed to at the time of sale.

1. APPLICABLE LAWS: This Site is controlled by PartPal from it's offices within the province of Saskatchewan. PartPal makes no representation that Materials in this Site are appropriate or available for use in other locations, and prohibits access to them from territories where their content is illegal or prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of Canada's export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the province of Saskatchewan.
2. DISPUTE RESOLUTION: Any dispute between PartPal and You arising out of this Agreement shall be resolved first by direct communication with one or more of PartPal's management team members. Should PartPal and You be unable to resolve the dispute by communication, either PartPal or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by an arbitration association to be chosen by PartPal. The arbitrator shall fully implement the intent and purpose of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorney fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

ENTIRE AGREEMENT

This Agreement, including the Privacy Policy and Guidelines incorporated herein by this reference, contains the entire agreement between You and PartPal relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by any purchase order or similar form originated by You relating to the subject matter hereof, or statements of any of PartPal's employees. PartPal reserves the right to make changes to this Agreement at any time without advance notice. PartPal agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon it's posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

TERMINATION

Your right to access and use the Site immediately terminates without further notice upon Your breach of this Agreement. PartPal may terminate this Agreement and Your right to use the Site at any time, with or without cause. PartPal reserves the right to discontinue or make changes to the Site at any time.

ASSIGNMENT

PartPal may assign this Agreement, in whole or in part, at it's sole discretion. You may not assign Your rights under this Agreement without PartPal's prior written permission. Any attempt by You to assign Your rights under this Agreement without PartPal permission shall be void.

WAIVER OF BREACH

Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

PartPal shall not be liable for any failure or unavailability of the Site and/or services or failure by PartPal to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond PartPal's control.

NOTICE

PartPal may deliver notice to You under this Agreement by means of electronic mail, a general notice on PartPal.com, or by written communication delivered by mail to Your address on record in PartPal's account information. You may give notice to PartPal at any time via electronic mail to sales@PartPal.com or by letter delivered by priority postage prepaid mail or overnight courier to the following address:

PartPal
#1-1622 Ontario Avenue
Saskatoon, SK Canada S7K 1S8

REFUND STATEMENT

You can cancel your PartPal.com registration at any time by notifying our customer service department via email. Classified ad fees are non-refundable after the ad has become active.

Designated trademarks and brands are the property of their respective owners. Use of this Web Site constitutes acceptance of PartPal's Terms and Conditions, Classified Guidelines and Privacy Policy.