Welcome to our online Home. J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, and/or visit any of or locations, you accept these conditions. Please read them carefully. These Terms of Use, together with the limited warranty available at (“Limited Warranty“), privacy policy available at (“Privacy Policy“), and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.” This Agreement constitutes a legal agreement between you (“you”) and 1018230 AB LTD. (incorporated in the province of Alberta, hereinafter referred to as “J&W Mechanical Fleet Services”, “J&W”, “we” or “us”). This Agreement sets forth the terms of use (“Terms”) that govern the access or use by you of applications, websites, content, products, programs and services made available by J&W (the “Services”), including an agreement to engage in binding arbitration to resolve any disputes between us. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by this Agreement. If you do not agree to the Terms, you may not access or use the Services. The Terms, together with any Supplemental Terms (as defined below), expressly supersede prior agreements or arrangements with you, and supersede content or information you read or have access to at other places, such as our website, emails, or applications. J&W may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.
Supplemental terms or policies applicable to any particular Service (“Supplemental Terms”) will be disclosed to you. Supplemental Terms may include terms and conditions of any particular event, activity, program or promotion. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
J&W may amend the Terms from time to time. Amendments will be effective upon J&W’s posting of such updated Terms or such amended Supplemental Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old and are a legal adult in the jurisdiction in which you reside or have obtained consent from a parent or legal guardian; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide. If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available any individual whose account has been terminated. Your account may not be used for Services to be performed for another person.
THE SERVICES
The Services constitute the diagnostics, service, and repair of a wide range of vehicles and equipment as well as the sale, and installation of aftermarket and OEM parts and materials. The Services are provided on a multitude of platforms including, but not limited to; Web based, person to person, telephone based, and mail based. J&W has the right to add and substract services as it decides necessary.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership. The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the physical parts or materials you have paid for in full. The use or reference in any manner our company names, logos, product and service names, trademarks or services marks and all content appearing within the J&W Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress (together, “Marks”) of J&W. Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other Marks are the property of their respective owners and may not be used without their prior written consent.
YOUR USE OF THE SERVICES
User Accounts. Customers may apply to be granted access to a customer account (“Account”). Account application requires you to submit certain personal information, such as your name, email address, address, and/or mobile phone number, and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or J&W’s termination of this Agreement. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. While we try to maintain the security of your Account, we are not liable for any loss that you may suffering through the unauthorized use of your Account by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to J&W.
Scheduling a Job. To request an appointment for Vehicle Services (a “Job” and a “Job Request”), you may be asked to specify the type of service that you think is required and the date and time that you would like the Job to take place. You may also be asked to provide some personal information including: Personal name, company name, address, telephone number, vehicle unit number, and VIN.
Once you submit a Job Request, J&W will complete the requests as desired and within the guidelines and policies J&W has set forth in this document as well as others not included. We reserve the right to modify, add, or delete items and/or price at any time prior to billing you. If you want to modify, add, or delete items in the Job Request, or to reschedule a Job, you must notify us. When you reschedule a Job, you agree to do so by contacting a qualified representative from J&W.
You agree to treat J&W employees courteously and lawfully, so that a safe and appropriate working environment that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to enable J&W employees to complete the Job
Plastic, composite and rubber engine and cooling system components are often affected by age and temperature fluctuations and become fragile over time. Because of this, such parts can break or even disintegrate during procedures that involve their disassembly or handling. You understand that J&W will not be held liable for these types of component failures, and that in the event of such, J&W will provide you with a revised estimate to include the replacement of the failed component.
If you would like to receive the replaced vehicle parts upon completion of the Job, please email us at [email protected] ,and, if applicable, you will be charged the core price for the replacement part and you will be responsible for proper disposal of such parts in accordance with all applicable laws, regulations and rules. Notwithstanding the foregoing, any defective parts removed from your vehicle regarding the servicing of a claim under our Limited Warranty must be returned to us.
Communications. You expressly consent and agree to receive communications from us, including via e-mail, text message, calls, and push notifications, to the telephone number, fax number, email address, or postal address you provided to us. You understand that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of J&W or its affiliated companies, including operational communications concerning your Account, use of Services, communications concerning promotions, and news concerning us and our Services. You may opt out of communications at anytime by notifying [email protected]. You acknowledge that opting out of receiving communications may impact your use of the Services. You agree to our use and disclosure of your data for legitimate business purposes. We may send you confirmation and other transactional emails regarding the Services. We may also send you emails or text messages about services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by contacting [email protected].
Promotional Codes or Credits. We may create promotional codes or credits that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms associated with each promotion (“Promo Codes”). You agree that Promo Codes: (i) must be used by the intended audience and for the intended purpose and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to J&W; (iv) may only be used pursuant to the specific terms that we established for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. J&W reserves the right to interpret how the Promo Codes will be used, or to withhold or deduct credits or other features or benefits obtained using Promo Codes by you or any other user if we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
You understand that use of the Services may result in charges (“Charges”) to you for the Vehicle Services you authorize. Charges may include any applicable federal, Provincial and local taxes. Prior to giving you an invoice, we will record your payment information and preferred payment method. You authorize the payment of Charge(s) according to your preferred payment method information, or, if applicable, the payment of a cancellation fee if you cancel the Job. You agree not to make any alternative payment arrangement with the technician who performs the Job. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
After you have received Vehicle Services obtained through your use of the Service, we will facilitate your payment of the applicable Charges, unless the invoiced amount will be added to your Account. Charges paid by you are final and non-refundable, unless otherwise determined by us. All Charges are due immediately. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method, if available. You understand that no vehicle will be released until any given invoice and for any vehicle in which you have an outstanding balance is either paid in full or added to your valid account in good standing. We hold the right to keep possession of any vehicle, until all invoices are paid in full.
We reserve the right to establish, remove and/or revise Charges for any or all Vehicle Services at any time in our sole discretion. If the Vehicle Services change, you authorize the payment of updated or modified Charges. If the technician determines that your vehicle requires services other than the Vehicle Services you specified in your original Job Request or that the technician is not able to perform such work, you may be charged a separate diagnosis fee.
Customers on Account
Customers who hold a valid Account, in good standing are provided with the following payment terms: (i) All invoiced amounts are due the 15th day of the following month from which the invoice is dated. (ii) Any amount outstanding may be subject to a 4% per day late payment penalty. (iii) Accounts in arrears may be subject to cancellation and penalties, including fees incurred by J&W in the process of collecting Accounts in arrears. By applying for and using your Account you agree to all the terms, responsibilities, and conditions of your Account. An Account in arrears may affect The Services you receive and you understand that the release of your vehicle may be withheld until an Account in arrears in paid in full.
TERMINATION; CANCELLATION
Termination by J&W. We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account.
Termination by You. You may terminate your Account at any time and opt to become a cash on delivery customer (“COD”). If you attempt to terminate your Account while there are still outstanding invoices, this Agreement shall not terminate until all invoices have been paid in full. To terminate your Account please contact [email protected]
Cancellation of Jobs by You. You may cancel a scheduled Job at any time, subject to the following: Jobs should be cancelled within 3 hours of your scheduled appointment. Failure to cancel prior to your scheduled appointment may affect your future access to The Service.
INSPECTION OR DIAGNOSIS WORK
In performing a diagnosis, a technician may go through a step-by-step process to rule out or confirm part failures through visual inspection and/or appropriate tests. Although Technicians use their experience in performing diagnoses, we cannot guarantee that any diagnosis will identify all the problems with your vehicle (and/or solutions) during the first inspection. Sometimes, the only way to get to the root cause of a problem is to go through a process of elimination – that is, to replace a part suspected to be defective and then see whether the problem still exists.
After receiving a diagnosis, you may request subsequent repair work recommended based on the diagnosis. You agree that our Limited Warranty applies only to such repair work, not to the completeness of the diagnosis or to any problems that you may be experiencing with your vehicle (other than a problem with the replaced part itself). For example, if your vehicle has an oil leak, the leak may be coming from two or three different places in your engine. The Technician may recommend replacing the part responsible for the most obvious source of the leak, and then recheck the car to see if there are other components that are leaking too. You understand that, if there are other leaking components, replacing those other components would be separate work subject to an additional Charge.
PRE-PURCHASE INSPECTION
Pre-purchase inspections are based on what is seen and heard through the eyes and ears of the technician and at the time of the inspection. Weather and light conditions, as well as the cleanliness of the vehicle both inside and out, can reduce the accuracy of the inspection, making things such as prior repainting and body work difficult to detect. For the most accurate inspection report, the vehicle must be clean, dry and well-lit at the time of inspection. Technicians do not clean or disassemble vehicles prior to or during pre-purchase inspections.
Pre-purchase inspections are not diagnosis Jobs. Diagnostic equipment is not typically used in a pre-purchase inspection. Technicians may identify the VIN (vehicle identification number), but do not check the authenticity of the VIN, history, or title.
J&W’s services are like what you would see and hear if you were to inspect the car yourself and you had the same level of experience as the technician. Since many aspects of the inspection are subjective, the technician is providing you with his or her opinion. If you were to perform the inspection yourself, you might come to different conclusions.
Each inspection is limited to the items expressly stated in the inspection report. If you request inspection of an item not included within the inspection report, you may be subject to extra fees involved with your request.
Technicians may test drive vehicles, but a test drive is not a required aspect of a pre-purchase inspection report. Unless the inspection report specifically states that a test drive was conducted, no such test drive was conducted.
Pre-purchase inspection reports are not guaranteed or warranted, because changes in the vehicle can occur and/or manifest themselves between the time of inspected and the time of purchase, and because during a pre-purchase inspection the technician cannot see inside an engine or transmission and does not take the whole car apart to check every component in the car. Thus, impending failures may not be evident at the time of inspection.
Neither We nor any technician advises on the value of any vehicle, whether to purchase a vehicle, or authenticates a vehicle’s origin. Regardless of any comments made by a technician, you purchase or decline to purchase a vehicle at your own risk. We do not determine if a vehicle is emission compliant or whether a vehicle will perform properly.
VETTING OF THIRD PARTY PROVIDERS
Any relationship J&W has with a Third-Party vendor or provider is intended to be solely between J&W and the specific provider or vendor. J&W DOES NOT TAKE RESPONSIBILITY FOR CONTACT BETWEEN OUR CUSTOMERS AND ANY VENDOR OR SUPPLIER. J&W ALSO DOES NOT TAKE RESPONSABILTY FOR OUR CUSTOMERS AND/OR VENDORS AND SUPPLIERS ACTIONS IN REGARDS TO ANY DIRECT CONTACT BETWEEN THEM INCLUDING, BUT NOT LIMITED TO THE ACCOUNTS OUR CUSTOMERS PERSONALLY HOLD WITH OUR VENDORS AND SUPPLIERS OR ANY WORK REQUESTED TO BE COMPLETED UNDER THE CUSTOMERS PERSONAL OR COMPANY NAME.
LIMITED WARRANTY
The terms and conditions of our Limited Warranty (available here) are incorporated into this Agreement by reference. We may amend the Limited Warranty from time to time, posting changes here, your continued access or use of the Services after posting constitutes your consent to be bound by the terms of the Limited Warranty as amended.
DISCLAIMERS
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY , THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT J&W WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) OR THAT ANY DEFECTS OR ERRORS WITHIN J&W WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE IN ALL MARKETS. J&W MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED USING THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. J&W DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATIONS OF LIABILITY
YOU AGREE NOT TO HOLD J&W (OR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO ACCESS J&W OR ANY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY J&W OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL J&W OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. J&W AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE SERVICES PROVIDED.
YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO VEHICLE SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT J&W OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR THE ASSOCIATED JOB.
BY USING THE SERVICES OF J&W, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SERVICES OF J&W.
California Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
Indemnification. You hereby agree to indemnify, defend, and hold harmless J&W and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Services of J&W, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including technicians), and (v) your information and content that you submit or transmit through to J&W. J&W reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of J&W.
DISPUTE RESOLUTION
Arbitration. Any dispute or claim relating in any way to your use of the J&W or any Vehicle Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to J&W. Representation of J&W may contact you or your preferred representation to arrange the arbitration process. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights. Applicable Law By accessing or using J&W or any Vehicle Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Province of Alberta, without giving effect to any choice of laws principles that would require the application of the laws of a different country, province or state, will govern these Terms of Use and any dispute of any sort that might arise between you and J&W.
OTHER PROVISIONS
General. You may not assign these Terms without J&W prior written approval. J&W may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of J&W equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, J&W or any technician because of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. J&W’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by J&W in writing.
Complaints of Copyright Infringement. We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided through J&W or in connection with the Services infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed (all relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that we may find it; (iii) the complete name, address, telephone number and e-mail address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. J&W’s contact information for notice of alleged copyright infringement is via email:[email protected]. or via mail: Attn: Legal, J&W Mechanical Fleet Services, 9416 40 ST SE Calgary Alberta, Canada T2C2P3.
Notice. J&W may give notice by means of a general notice through the J&W platform (including website and social media), electronic mail to your email address in your Account, or by written communication sent by registered mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to J&W, with such notice deemed given when received by J&W, at any time by registered mail to: Attn: Legal, J&W Mechanical Fleet Services, 9416 40 ST SE Calgary Alberta, Canada T2C2P3.
Links to Other Websites and Display of Others’ Brand Names or Logos. The J&W platform may contain logos and/or brand names of third parties, and/or links (such as hyperlinks) to third-party websites. Such brands, logos, and links do not constitute our endorsement of those parties, sites or their content. They are provided as an information service, for reference and convenience only. We do not control any such sites, and are not responsible for their availability or accuracy, or content, advertising, or products or services. The existence of links on the J&W Platform to such websites (including without limitation external websites that are framed by the J&W Platform as well as any advertisements displayed in connection therewith) does not mean that we endorse any of the material on such websites, or have any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. We expressly disclaim any liability arising regarding your use and/or viewing of any websites, others’ brands or logos, or other material associated with links, logos or brand names that may appear on the J&W platform. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the J&W platform.
Questions. Please contact us with any questions regarding this Agreement by emailing us at [email protected]
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), with copyright authorship for this collection by J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), and protected by international copyright laws.
TRADE MARKS
J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), trademarks and trade dress may not be used in connection with any product or service that is not J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM). All other trademarks not owned by J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), or its subsidiaries.
LICENSE AND SITE ACCESS
J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), 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 J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM). 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, 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 J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM).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 J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), name or trademarks without the express written consent of J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM). Any unauthorized use terminates the permission or license granted by J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM). You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), so long as the link does not portray J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), and its associates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), or its associates for all claims resulting from content you supply. J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), has the right but not the obligation to monitor and edit or remove any activity or content. J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), and its associates attempt to be as accurate as possible. However, J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), itself is not as described, your sole remedy is to return it in unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), ON AN “AS IS” AND “AS AVAILABLE” BASIS. J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), you agree that the laws of the Province of Alberta, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), or its associates.
DISPUTES
Any dispute relating in any way to your visit to J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), or to products you purchase through J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), shall be submitted to confidential arbitration in Calgary, Alberta, Canada, except that, to the extent you have in any manner violated or threatened to violate J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), intellectual property rights, J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM), may seek injunctive or other appropriate relief in any state or federal court in the state of Calgary, Alberta, Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to J & W MECHANICAL FLEET SERVICES INC. (WWW.JWMECHANICAL.COM). We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.