TERMS OF USE

1. ACCEPTANCE OF TERMS OF USE

This document ("Terms of Use") defines the terms governing access to and use of this website(s) and/or online application(s) (collectively or separately, the "Platform").

By accessing and using the Platform, you are deemed to accept these Terms of Use, which incorporate by reference our Privacy Policy, Sales Conditions, and any other additional conditions appearing on and related to the Platform, governing your access and use of the Platform. All of the above forms an integrated and binding agreement between you (the user) and us (Ispeed Electric Inc.). This applies to all users of the site, including, without limitation, visitors, suppliers, customers, merchants, and/or content contributors, as applicable.

If you do not agree to be bound by the above and comply with it, you may not access or use the Platform and must leave the Platform immediately.

   

 

   2. LEGAL AGE TO USE THE PLATFORM

By accessing the Platform or using it, making a purchase using the Platform, or opening and using a customer account on the Platform, you declare that you have reached the legal age of majority in your state or province of residence ("Legal Age"), or that you have the Legal Age and consent to allow any of your minor dependents to use the Platform ("Parental or Guardian Consent").

If you do not have the Legal Age or do not have Parental or Guardian Consent to use the Platform, you must leave the Platform immediately.

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   3. OWNERSHIP OF PLATFORM CONTENT, RESERVED RIGHTS, AND LIMITED LICENSE GRANT

The Platform consists of various content, including graphics, text, icons, buttons, videos, audio files, and other materials, including, without limitation, graphics, text, trademarks, source code, multimedia clips, brand names, software, and the selection and arrangement of site content, and other materials (collectively, the "Platform Content"), which we own or use under license if necessary.

Each element of the Platform, including, without limitation, all Platform Content, is protected to the fullest extent permitted by applicable law, including, without limitation, copyright, trademark, and patent laws, as well as all other applicable intellectual property and other types of proprietary or exclusive rights.

As a user of the Platform, you are granted a limited, revocable, and non-sub-licensable license to use the Platform in accordance with these Terms of Use for the purpose of viewing information about products or services available on the platform or purchasing these products or services. Any other use of the Platform Content is prohibited. None of the Platform Content may be copied, reproduced, republished, altered, adapted, modified, published, translated, degraded, transmitted, distributed, displayed, sold, or disseminated in any way or form without our prior written consent, except for fair use under intellectual property law.

Your use of the Platform, including, without limitation, all Platform Content, does not grant or transfer to you any ownership or other title, right, or interest in the Platform, Platform Content, or any of the foregoing.

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   4. CUSTOMER ACCOUNTS AND ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

You may be required to create a customer account ("Account") to access or use certain features or parts of the Platform. If you choose to register, we will need certain information, including personal information, to create and manage your Account. When you open an Account on the Platform, you agree to provide current, complete, and accurate information, and to promptly update any information that changes. You agree to promptly update your Account and any other information about you, including your email address and the numbers and expiration dates of your credit cards, so that we can complete your transactions and contact you if necessary.

It is solely and absolutely your responsibility to keep confidential and secure the username, password, and any other confidential, personal, or sensitive information associated with your Account. You are solely responsible for all activities that occur on your Account, and you agree that we are authorized to act on instructions received on your Account without questioning them or performing additional checks. If you discover that your username, password, and/or Account have been used without your consent or if you discover any other security breach, you agree to inform us promptly.

We are not responsible for the consequences of your failure to comply with the above, nor for any delay in locking or deactivating an Account after you have reported a security breach.

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   5. PERSONAL INFORMATION

Your submission of personal information via the Platform is governed by our Privacy Policy, which is also accessible on the Platform.

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   6. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, prices, images, promotions, offers, shipping costs, delivery times, availability, or other Platform Content. The Platform may also contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. While we strive to display products on the Platform as accurately as possible, we cannot guarantee that the monitor or screen you use will display colors accurately.

We reserve the right to update or modify the Platform Content at any time, but we have no obligation to do so. Without limiting the generality of the foregoing:

• We reserve the right to correct any error, inaccuracy, or omission and to modify or update information or cancel orders if information on the Platform is inaccurate at any time, without notice (including after you have submitted your order).

• We have no obligation to update, modify, or clarify information on the platform, including, without limitation, information on prices, unless required by law. No refresh date mentioned on the Platform should be considered as indicating that all information on the Platform has been changed or updated.

• The prices of our products are subject to change without notice.

We are not responsible if the information made available on this site is not accurate, complete, or current. All Platform Content is provided for informational purposes only and should not be used as the sole basis for decision-making. Any reliance on the content of the Platform is at your own risk.

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   7. DISCLAIMER

The Platform and all products or services provided to you through the Platform are, unless expressly stated otherwise by us, provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Platform and your use of it will be uninterrupted, secure, or error-free, or that the Platform and your use of it will be available or timely. You expressly agree that your use of the Platform or your inability to use it is at your own risk.

Information and descriptions of products or services that may be obtained on the Platform are not intended to be complete and accurate statements of all conditions and exclusions related to products and services. All product descriptions and related information, including availability status and prices, are subject to change at any time without notice, at our sole discretion.

We reserve the right to modify or discontinue the Platform (or any part or content of it) at any time and without notice. We may also close the Platform or take it offline for indefinite periods of time from time to time and without notice.

We are not responsible for any updates or changes (including, without limitation, updates or changes to displayed prices or availability), suspension, maintenance, or interruption related to the Platform or any product or service mentioned on it.

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   8. RIGHT TO LIMIT SALES, DISCONTINUE PRODUCTS, AND/OR REFUSE OR CANCEL ORDERS

Products or services may be in limited quantity, and any product or service that appears to be available may actually be out of stock or unavailable for an indefinite period despite all efforts. We reserve the right to discontinue any product at any time and without notice. Some products or services on the Platform may only be available in certain regions or jurisdictions. All products or services on the Platform are available in accordance with local laws and only where they can be legally sold. We reserve the right to limit the sale of any product or service available on the Platform to any person, geographic region, or jurisdiction, on a case-by-case basis. Some products or services may only be available through the Platform.

We reserve the right to refuse or cancel, at our sole discretion, any order you place with us.

We may, at our sole discretion, limit or cancel quantities purchased per person, per customer, or per order. These restrictions may include orders placed through or under the same Account, the same credit card, and/or orders using the same billing and/or shipping address.

In the event of a change or cancellation of an order, we will notify you by contacting the email and/or billing address or phone number provided at the time the order was placed.

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   9. LIMITATION OF LIABILITY

In no event shall Ispeed Electric Inc., its officers, directors, shareholders, predecessors, successors in title, employees, agents, subsidiaries, and affiliates be liable for any damages, losses, claims, or damages of any kind whatsoever (including, if applicable, any direct, indirect, incidental, punitive, special, or consequential damages), including, without limitation, lost profits, revenue, savings, data, replacement costs, or any other similar damages, whether based on contractual or extra-contractual liability (including negligence), strict liability, or other, arising from your use of the Platform or any product or service obtained using the Platform, including, without limitation, any error or omission in any content and any loss or damage of any kind incurred as a result of the use of the Platform or any content, service, or product made available or obtained using the Platform, even if they have been informed of the possibility of such damages. Since some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, our liability will be limited to the maximum extent permitted by law in those states or jurisdictions.

 

 

   10. PROHIBITED USES

In addition to any other restriction and prohibition mentioned in these Terms of Use, you are prohibited from using the Platform or its content to: (a) violate any applicable local, federal, provincial, or national regulations, rules of law, or international laws or orders; (b) infringe or violate our intellectual property rights or the intellectual property rights of others; (c) harass, abuse, insult, harm, defame, denigrate, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (d) submit false or misleading information; (e) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that will affect the functionality or operation of the Platform or any other linked website, other websites, or the Internet; (f) collect or track the personal information of others; (g) send unsolicited fraudulent or non-fraudulent email (spamming), phishing, deception (pharming), social engineering, or identity theft, and automatic content indexing, extraction, and/or analysis (web spidering, web crawling, web scraping, etc.); (h) for obscene or immoral purposes; (i) interfere, disrupt, or take any action that imposes an undue burden on the normal operation of the Platform, networks, and infrastructure connected to it; (j) circumvent any security measure of the Platform or any measure used to restrict access to the Platform or any part of it; (k) for reverse engineering or to disassemble, decompile, or translate the site or any part of the site (including, without limitation, the Platform Content); (l) create any derivative work from the site or any part of the site (including, without limitation, the Platform Content); or (m) solicit, authorize, or assist a third party to perform any of the foregoing actions.

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   11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ispeed Electric Inc., as well as its officers, directors, shareholders, predecessors, successors in title, employees, agents, subsidiaries, and affiliates, from any claims, losses, liabilities, claims, or expenses, including reasonable attorney fees, made or incurred by a third party in connection with your use of the Platform.

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  12. REFERENCES TO THIRD PARTIES

Certain links on the Platform may direct you to websites or applications outside the platform operated by unaffiliated third parties. These links are provided for convenience only, 'as is,' and 'as available,' without any endorsement, warranty, representation, or condition of any kind. These other sites or applications have been developed independently by third parties, and we assume no responsibility in any way for the accuracy or relevance of the content of these sites or applications.

The mention of another party or its products or services on the Platform should not be construed as an endorsement, recommendation for use, or sponsorship of that party or its products or services. You must conduct your own examination and assessment before acquiring, using, or relying on these products or services, or doing business with such a third party.

We are not responsible for losses or damages related to the purchase or use of products, services, resources, content, or any other transaction made on third-party websites or applications, regardless of how they are mentioned on the Platform. Please carefully review the terms of sale or service as well as the related policies and practices of third parties and ensure that you understand them before making any transactions with them. Complaints, claims, concerns, or questions regarding third-party products should be addressed to those third parties.

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   13. SEVERABILITY

If any provision of these Terms of Use is deemed illegal, void, or unenforceable, that decision will not affect the validity and enforceability of the other provisions, and that provision will still apply to the extent permitted by applicable law, with the inapplicable part deemed severed from these Terms of Use.

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   14. TERMINATION

These Terms of Use are effective as long as you access and use the Platform or maintain an Account on the Platform.

You can terminate this agreement at any time by deleting your Account if you have one, or when you stop accessing or using the Platform. If you subsequently access or use the Platform, you will be deemed to have accepted our Terms of Use again, which apply to each instance of access and use.

Notwithstanding any provisions herein, if, in our discretionary opinion, you fail to comply, or if we have reason to believe that you fail to comply, with any provisions of these Terms of Use, we may terminate this agreement at any time and suspend or deactivate your Account if you have one, without notice, and you will remain responsible for all amounts due until the termination. We may also deny you future access and use of the Platform (or any part thereof).

All obligations and responsibilities of the contracting parties before the time of termination will remain for all useful purposes.

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   15. NO WAIVER

The failure of a party to exercise or enforce a right or provision of these Terms of Use does not constitute a waiver of that right or provision.

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   16. INTERPRETATION

Any ambiguity in the wording of these Terms of Use cannot be interpreted against the drafter. The titles used herein are included for convenience only and will neither limit nor otherwise affect these Terms of Use.

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   17. ENTIRE AGREEMENT

These Terms of Use, including our Privacy Policy, Sales Terms, and any additional terms appearing on this Platform and related to it, constitute the entire agreement between you and us and govern your use of the Platform, replacing all previous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Use).

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   18. APPLICABLE LAWS

These Terms of Use and any transaction on the Platform concerning any product or service are governed and interpreted in accordance with the laws of Quebec, Canada.

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   19. CHANGES TO TERMS OF USE

We reserve the right to modify these Terms of Use at any time, so we encourage you to check them frequently. The changes and clarifications will take effect upon publication on the Platform.

If you do not agree with any future changes to the Terms of Use, you must delete your Account (if you have one) and stop using the Platform.