Terms of Use

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

Your use of magnaclek.com is expressly conditioned on your acceptance without modification of the terms and conditions (the "Terms and Conditions") described on this page and in any other part of this web site. You are deemed to agree to these Terms and Conditions, even if you have not read them. By using this web site, you agree to these Terms and Conditions and that you understand and assume any risks related to the use of this web site. If you do not agree to these Terms and Conditions, do not use this web site.

Magna Aftermarket, Inc. ("Magna Aftermarket") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the magnaclek.com web site. Your continued use of the magnaclek.com web site signifies your acceptance of such revised Terms and Conditions, therefore it is advised that you periodically check the Terms and Conditions page of the web site for revisions and updates.

Ownership

The magnaclek.com web site, its design, all information, text, images, graphics, content, video, audio and the selection, layout and arrangement thereof are the property of Magna Aftermarket, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on magnaclek.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Magna Aftermarket.

Magna Aftermarket, magnaaftermarket.com, magnaclek.com and all other Magna Aftermarket related trademarks, trade names, service marks, design marks, corporate logos and emblems displayed on magnaclek.com (collectively, the "Trademarks") are registered and common law trademarks of either Magna Aftermarket or one of its affiliates. Other trademarks, trade names, service marks, design marks, corporate logos and emblems appearing on this web site are the intellectual property of their respective owners and have been used with their permission. Nothing contained on magnaclek.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Magna Aftermarket or such other party that may own the applicable trademarks.

Use of Site

Neither the magnaclek.com web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Magna Aftermarket, except that you may download, display and print the content presented on magnaclek.com for your personal, non-commercial use only. Unauthorized use of magnaclek.com and/or the content contained on magnaclek.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In its sole discretion, in addition to any other rights or remedies available to Magna Aftermarket and without any liability whatsoever, Magna Aftermarket at any time and without notice may terminate or restrict your access to any component of magnaclek.com.

User Name and Password

Certain features or services offered on or through the web site may require you to open an account. Your magnaclek.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Magna Aftermarket representative. Magna Aftermarket recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Magna Aftermarket, and may be cancelled or suspended at any time by Magna Aftermarket without any notice or liability to you or any other person. Magna Aftermarket is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Magna Aftermarket of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Privacy

You have read the Magna Aftermarket Privacy & Security Statement, the terms of which appear on magnaclek.com and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Magna Aftermarket and/or Third Parties in accordance with the terms of and for the purposes set forth in the Magna Aftermarket Privacy & Security Statement.

Non-Confidential Use of Customer Feedback

Magna Aftermarket enables visitors to magnaclek.com to provide Magna Aftermarket with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Magna Aftermarket a non-restricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Magna Aftermarket the right to use the name you submit with the Customer Content, if any, in connection with Magna Aftermarket's rights hereunder.

Purchases; Additional Terms

All advertisements on the magnaclek.com website are merely invitations for you to order goods or services from Magna Aftermarket, and are not offers to sell by Magna Aftermarket. A correctly completed Review and Submit page delivered by you to Magna Aftermarket constitutes your offer to purchase the goods or services listed in your order. Your order shall be deemed to be accepted only at the point when Magna Aftermarket sends a shipping confirmation email to the email address you provided. If you wish to cancel an order, you may request a cancellation by sending an email to us at customerservice@magnaclek.com However, your cancellation request may not be effective if we do not receive and process your cancellation request before we confirm shipment of your order.

Additional terms and conditions may apply to purchases of products and services and to specific portions or features of this web site, all of which terms and conditions are made a part of these Terms and Conditions. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the web site or for any service offered on or through the web site, the latter terms shall control with respect to your use of that portion of the web site or the specific service. Magna Aftermarket’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this web site should be construed to alter such agreements.

Magna Aftermarket may make changes to any products or services offered on this web site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the web site with respect to products and services may be out of date, and Magna Aftermarket makes no commitment to update the materials on the web site with respect to such products and services.

Magna Aftermarket reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Magna Aftermarket believes that customer conduct violates applicable law or is harmful to the interests of Magna Aftermarket or any Third Parties.

Products may be purchased for delivery to an address located in the US only. All sizes quoted are approximate. All prices quoted are payable in the currency indicated and, unless otherwise stated, do not include shipping charges or sales tax (including, where applicable, GST, PST, QST and HST).

Liability Disclaimer

Except as expressly provided in these Terms and Conditions as amended from time to time, Magna Aftermarket and the Third Parties make no representations or warranties of any kind, express or implied, regarding magnaclek.com and/or any content provided on magnaclek.com, all of which are provided on an "as is" and "as available" basis. Magna Aftermarket and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of magnaclek.com, or any of the content or data found on magnaclek.com, and expressly disclaim all warranties and conditions in respect of magnaclek.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Magna Aftermarket and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Magna Aftermarket and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on magnaclek.com or your downloading of any materials, data, text, images, video or audio from magnaclek.com.

In no event shall Magna Aftermarket or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of magnaclek.com or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of magnaclek.com for purchases) even if advised of the possibility of damages. If, notwithstanding the foregoing, Magna Aftermarket or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of magnaclek.com or its content, the liability of Magna Aftermarket and the Third Parties shall in no event exceed in the aggregate $250 CAD.

Some jurisdictions do not allow limitations of liability, so the foregoing limitations may no apply to you.

Indemnification

You shall indemnify and save harmless Magna Aftermarket and the Third Parties and their respective officers, directors, shareholders, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of or in connection with your use of magnaclek.com.

Links

The magnaclek.com web site contains links to web sites owned or operated by other entities which are not associated or affiliated with Magna Aftermarket or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Magna Aftermarket or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Magna Aftermarket and the Third Parties shall not be responsible for the content of any other linked web sites and make no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the magnaclek.com web site or any of its content in any form and by any method is strictly prohibited.

Relationships

The relationship between Magna Aftermarket