Last updated December, 2018

Welcome to JamesElectric.ca. This site is provided by James Electric Motor Services Ltd. (“James Electric“) 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 JamesElectric.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 JamesElectric.ca still binds you to these Terms of Use. James Electric reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued use of JamesElectric.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 James Electric 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 James Electric and protected by Canadian and international copyright laws. All software used on this site is the property of James Electric or its software suppliers and protected by Canadian and/or international copyright laws.

License and Site Access

James Electric 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 James Electric. 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 James Electric. 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 James Electric, our affiliates or suppliers without express written consent. You may not use any meta tags or any other “hidden text” utilizing the James Electric name or trademarks without the express written consent of James Electric.

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 James Electric. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of JamesElectric.ca so long as the link does not portray JamesElectric.ca, James Electric, 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 James Electric, its affiliates or suppliers as part of the link without express written permission of the applicable owner. James Electric may change, modify, update, suspend, make enhancements to and add and/or remove functionality of JamesElectric.ca at any time without prior notice to or approval from you. You may not use JamesElectric.ca in a manner that fails to comply with these Terms of Use, failing which James Electric reserves the right to suspend or terminate your access to use JamesElectric.ca on a temporary or permanent basis.

Cookies and Electronic Data

James Electric 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 James Electric 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, content or references to websites, products or services owned, operated or offered by third parties other than James Electric or its affiliates (“Third Party Sites”), including, but not limited to certain of its suppliers, all of which are provided for your reference only. James Electric 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 James Electric 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 James Electric with the owner or operator of Third Party Site; or (ii) any authorization of James Electric 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 James Electric strives to provide accurate product and pricing information, pricing or typographical errors may occur. JamesElectric.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, James Electric 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, James Electric 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.

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.

Privacy

James Electric’s Privacy Policy (https://jameselectric.ca/privacy-policy) forms an integral part of these Terms of Use, and describes how James Electric collects, uses, discloses, manages and stores personally identifiable information, including that which you may supply to James Electric pursuant to your use of our services or pursuant to an application for employment.

Social Media

James Electric’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 James Electric servers. Users who choose to interact with James Electric 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 James Electric 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 James Electric 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 James Electric 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 JamesElectric.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 James Electric as part of JamesElectric.ca are the proprietary property of James Electric and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with James Electric. You may not remove or modify any proprietary marking or restrictive legends on JamesElectric.ca. James Electric 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 JamesElectric.ca or use it in a service provider capacity to any third party; (ii) use JamesElectric.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 JamesElectric.ca; (iv) attempt to gain unauthorized access to JamesElectric.ca or its related systems or networks; (v) reverse engineer the services provided by JamesElectric.ca; or (vi) access JamesElectric.ca to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

Disclaimer

JAMESELECTRIC.CA IS PROVIDED BY JAMES ELECTRIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. JAMES ELECTRIC 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, JAMES ELECTRIC 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, JAMES ELECTRIC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF JAMESELECTRIC.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 JAMES ELECTRIC 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 JAMES ELECTRIC BE LIABLE FOR ANY DAMAGES IN RESPECT OF YOUR USE OF THE JAMESELECTRIC.CA SITE GIVING RISE TO ANY ALLEGED CLAIM.

General

These Terms of Use represent the complete agreement between users of JamesElectric.ca and James Electric with respect to your use of JamesElectric.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 James Electric 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 James Electric 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 Alberta 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.