Binding Agreement
By accessing this Store, you agree these Terms and Conditions form a binding agreement between you and Clearwater Supply Co, Inc. ( CSC ). If you do not wish to be bound by these Terms and Conditions, do not use this Store. CSC reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view this Store. Your continued use of this Store signifies that you agree to be bound by these Terms and Conditions as they may be amended.
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Professional Services Disclaimer
The content of this Store, such as text, graphics, images, information obtained from CSC s manufacturers, suppliers and other entities, and other material (collectively, Content ) is for informational purposes only. Any information furnished on this Store is not intended nor implied to be automotive advice and is not intended to replace personal consultation with a qualified automotive service technician, mechanic or similar automotive professional.
CSC has not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. CSC does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Store. Your reliance upon information and Content obtained by you at or through this Store is solely at your own risk. IN NO EVENT SHALL CSC BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING, WITHOUT LIMITATION, DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.
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No Warranties
You acknowledge the information on this Store is provided AS-IS for general information only. CSC DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS STORE OR THE INFORMATION IN IT, INCLUDING WITHOUT LIMITATION TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. CSC reserves the right to change or discontinue at any time any aspect or feature of this Store.
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Exclusion of Liability
IN NO EVENT SHALL CSC, THEIR LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS STORE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH OR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS STORE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT CSC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that in connection with this Store, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long-distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of CSC and its suppliers. Accordingly, CSC assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Store.
Any claims arising in connection with your use of this Store or any Content must be brought within one (1) year of the date of the event giving rise to such action or be forever barred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
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Copyright, Trademark and Other Proprietary Rights
The Content consists of copyrighted works proprietary to CSC, their licensors or suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: Copyright © 2023 Clearwater Supply Co Inc. All rights reserved and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible CSC materials not expressly granted herein are expressly reserved to CSC. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
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Use of This Store
Any use or attempted use of this Store (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party s use and enjoyment of this Store, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by us to be made accessible, (vi) to attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is strictly prohibited. Examples of illegal or unauthorized uses of this Store include, but are not limited to: (i) modifying, adapting, translating, or reverse engineering any portion of this Store or its Content; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of this Store or any other Submissions; (iii) reformatting or framing any portion of the pages or application images that are part of this Store; (iv) creating or transmitting unwanted electronic communications such as spam or chain letters to other users or otherwise interfering with other users enjoyment of this Store; (v) Submissions purportedly made on behalf of any third party without such third party s prior written consent including, without limitation, registering, subscribing, attempting to register, attempting to subscribe, unsubscribe, or attempting to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (vi) submitting Submissions that falsely express or imply that such Submissions are sponsored or endorsed by us; (vii) submitting Submissions that disparage this Store or us; (viii) submitting Submissions that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files or other items of a destructive nature; (x) submitting Submissions that are unlawful or promote or encourage illegal activity; (xi) displaying an advertisement as part of any Submission; (xii) any automated use of the information handling system, including, without limitation, the use of scripts to send messages through this Store; or (xiii) submitting false or misleading information.
While we prohibit such conduct and content on or through this Store, you understand and agree that you still may be exposed to such materials and that you use this Store at your own risk.
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Links
CSC may provide links on this Store, via advertising and otherwise, to other Stores that are not under the control of CSC. CSC does not endorse or make any warranty of any type regarding the content contained on such Stores or products and services offered therein. Your use of such Stores is at your own risk and CSC is not liable to you for any loss or damage you may suffer by your use of such Stores. You hereby waive any and all claims you may have against CSC regarding our inclusion of such links to third-party Stores or your use of those Stores.
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Applicable Law and Venue
By accessing this Store, you and CSC agree the statutes and laws of the State of Minnesota, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Store, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You and CSC also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of Minnesota, with respect to such matters. This Store is controlled, operated and administered by us and our service provider designees from offices within the United States of America. We make no representation that materials on this Store are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Store or export the materials on this Store in violation of U.S. export laws and regulations. Those who choose to access this Store from outside the United States do so on their own initiative and are responsible for compliance with local laws.
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Severability
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
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Survival
The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, Survival, Indemnification, Subscriber Agreement, and Complete Agreement.
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Waiver
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
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Indemnification
In consideration of CSC allowing you to visit and use this Store, you agree to defend, indemnify and hold harmless CSC and their divisions, subsidiaries, parents, affiliates, partners, chains, and their respective past, present and future officers, directors, stockholders, trustees, employees, agents, insurers, servants, managers, estates, predecessors and/or successors in interest, representatives, assigns, attorneys and all other persons, firms, or corporations with whom any of the forgoing may have been, are now, or may thereafter be affiliated (collectively Releases ), from any and all claims, charges, injuries (including, without limitation, death), actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages (including, without limitation, special, general, incidental, consequential, or other damages), judgments, agreements, promises, demands, claims for fees and costs, or liabilities whatsoever, in law or equity, arising out of or relating to your use (lawful or unlawful) of this Store or the Content, your breach of any of the Terms and Conditions set out herein, your use of any linked Stores reached through this Store, your inability to access this Store for any reason, your reliance on any errors or omissions on this Store, or your contraction of computer viruses of any nature obtained through your use of this Store or any Store accessed through this Store.
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Privacy and Security
We are committed to safeguarding your privacy when you visit this Store. Our use of personal information, if any, is set forth in our Privacy Policy, and by accessing this Store you agree to be bound by our Privacy Policy.
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Effective Date and Changes
These Terms and Conditions are effective as of their posting on this Store. From time to time, it may be necessary to update or modify these Terms and Conditions of Use. Accordingly, we reserve the right, in our sole discretion, at any time and without notice, to add to, change, update, modify or remove any portion of these Terms and Conditions of Use, and any such addition, change, update, modification or removal will be effective immediately upon its posting on this Store.
We may terminate, change, revise, modify, suspend or discontinue any aspect of this Store, including, without limitation, the availability of any features of this Store, at any time, so it is your responsibility to review these Terms and Conditions from time to time. You agree that your continued use of this Store constitutes an agreement to these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or the entire Store without advance notice and without liability. We may, at any time and without advance notice, terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Content. You may terminate this agreement by destroying: (a) all Content obtained from this Store and any related CSC sites, and (b) all related documentation and all copies and installations, provided that any accrued rights, obligations, representations or warranties shall not terminate.
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Complete Agreement
These Terms and Conditions contain the entire agreement between you and CSC relating to your use of this Store.
© 2023 Clearwater Supply Co Inc. All rights reserved.
