Terms & Conditions

Please read carefully before using this Site

Last Updated: November 13, 2020

This website (“Site”) is owned and operated by Power Battery Sales, Ltd. (operating as East Penn Canada) (“we”, “our,” or “us”). These Terms of Use apply to any access or use by you (“you,” “your,” or “User”) of the www.eastpenncanada.com website (the “Site”), any mobile sites, applications, widgets, and other mobile interactive features associated with the Site (collectively, our “Apps”), through other services that we may offer in connection with our Site and Apps, through our official social media pages that we control (our “Social Media Pages”), as well as through email messages that we send to you (collectively, the Social Media Pages, Apps and Site, the “Sites”).

By accessing, browsing, or otherwise using the Sites, you agree to be legally bound by these Terms & Conditions. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS & CONDITIONS.

These Terms & Conditions apply only to your use of the Sites, and was last updated as of August 7, 2020. We expressly reserve the right to revise these Terms & Conditions at any time and such revision shall be posted here and accessible via this link: www.eastpenncanada.com/termsandconditions.html. Any revision and/or addition to these Terms & Conditions shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition.

License to Use the Site

We grant you a personal, limited, nonexclusive license to access and use the Sites, its contents, or any part of them (individually and collectively, the “Site Content”) for your personal, individual, and non-automated use only. You may not access or use the Sites except for these express purposes and as expressly allowed by these Terms & Conditions.

Privacy and Security

You acknowledge that you have read, understand and agree to our Privacy Notice, located at www.eastpenncanada.com/privacynotice.html. The Privacy Notice governs the collection, use and disclosure of your personal information. The Privacy Notice is hereby incorporated into and made part of these Terms & Conditions by reference.

Restrictions on Use

You are responsible for your access or use of the Sites.

(a) Site Content: Without limitation to these Terms & Conditions, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them (individually and collectively, the “Site Content”) without our express permission. We expressly retain all right, title and interest in and to the Site Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted by these Terms & Conditions, any use of the Site Content may violate copyright and/or other applicable laws.

(b) Third Party Content: In addition to the Site Content, the Sites may contain information and materials provided by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

(c) Trademarks: East Penn Canada, the East Penn Canada Logo and all of our product names are trademarks and services marks of East Penn Canada (collectively “East Penn Canada Trademarks”), and nothing in these Terms & Conditions shall be construed as granting any license or right to use the East Penn Canada Trademarks without our prior written consent. All trademarks, service marks and logos included on the Sites (“Marks”) are the property of East Penn Canada or third parties, and you may not use such Marks without the express, prior written consent of East Penn Canada or the applicable third party.

(d) No Automated or Non-Human Means of Access: You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site’s operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

(e) Additional permissions: You may request additional permissions to use any Site Content by contacting us as described in the Contact Us section below. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions. You may make no use of the Site Content not expressly allowed in these Terms & Conditions until and unless we contact you and grant additional permissions—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions, our grant of any such permissions is revocable at any time by us and expires six months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of any permitted Site Content will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).

(f) Monitoring of Site Content and use of Sites: We reserve the right, but do not undertake the obligation, to monitor the use of the Sites, and to investigate and take appropriate legal action against any party that uses the Sites in violation of these Terms & Conditions or applicable law. We reserve the right to accept, reject or modify any Site Content, but assume no liability based on its acceptance, rejection, modification or failure to modify any Site Content.

User Account Registration

(a) Account Registration and Use License: In order to access and use all of the features of the Sites, you can open an account (“User Account”) by registering with East Penn Canada. When you register for your User Account, you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Use, we hereby grant to you the personal, non-transferable right and license to access and use the Sites by displaying it on your internet browser for the purpose of shopping for items sold on the Sites. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.

(b) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.

(c) Passwords: Upon registration on the Sites, you will provide us with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account. You agree that we will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.

(d) Cancellation and Termination by You: You may contact us directly to cancel your User Account. Your cancellation will take effect within thirty (30) days of our receipt of your request to cancel an account; however, the cancellation of your User Account will have no impact on any pending orders made via the Sites.

(e) Termination and Suspension: We may terminate your User Account and/or these Terms of Use at any time and for any reason upon notice to you. We may also suspend our Service to you at any time, with or without cause. Any termination of your User Account and/or these Terms of Use will have no impact on any pending orders made via the Sites.

(f) Effect of Termination: Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account and all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Service. All sections of these Terms of Use which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

Your Messages, Requests, or Other Comments or Content to or for Us

The Sites may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.

Notwithstanding anything to the contrary set forth herein or otherwise, we will have the right to collect and analyze data and other information relating to the provision, use or performance of the Sites and related systems and technologies (including information concerning user data and data derived therefrom), and to aggregate and/or anonymize all such data and information. We will be free at any time to: (i) use such information and data to improve and enhance our offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with our business. Any such use of information under this provision shall be in conformance with our Privacy Notice, available at www.eastpenncanada.com/privacynotice.html.

Linked Websites and Services

The Sites may contain links to and integrations with third party websites and services, and you agree that we provide links to and integrations with such websites and services solely as a convenience and have no responsibility for the content or availability of such websites or services, and that we do not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Sites is at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms & Conditions.

Limitation of Liability

(a) Indemnification: YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS & CONDITIONS AND YOUR USE OF THE SITE OR ANY SITE CONTENT.

(a) Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY IN THESE TERMS & CONDITIONS, WE PROVIDE THE SITES (INCLUDING WITHOUT LIMITATION ANY AND ALL SITE CONTENT) “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT—INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK IN THE USE OF THE SITES RESTS WITH YOU. EAST PENN CANADA SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SITES. EAST PENN CANADA MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITES OR THAT THE SITES WILL BE UNINTERRUPTED, OR THAT THE SITES AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.

(b) Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT EAST PENN CANADA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITES (OR ANY SITE CONTENT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EAST PENN CANADA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Changes to these Terms of Use

We reserve the right to amend these Terms & Conditions at our discretion and at any time. When we make changes to these Terms & Conditions, we will post the new Terms & Conditions on the Sites. By continuing to access, browse, or otherwise use the Sites, you agree to be legally bound by any such new Terms & Conditions.

Location of the Sites and your Use

We operate or control the operation of the Sites from Canada. In addition, the Sites may be mirrored, and other websites operated or controlled by us may be operated from various locations in and outside of Canada. We make no representation or warranty that all of the features of the Sites will be available to you outside of Canada, or that the Sites are permitted to be accessed outside of Canada. Additionally, the Sites may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use the Sites from locations outside of Canada, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

General

These Terms & Conditions constitute the entire agreement between you and us with respect to matters set forth in these Terms & Conditions and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms & Conditions. These Terms & Conditions will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms & Conditions are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms & Conditions and may not affect the meaning or interpretation of these Terms & Conditions. If any provision of these Terms & Conditions is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms & Conditions; and in any event, the remaining provisions of these Terms & Conditions will remain in full force and effect. No waiver of any of the provisions of these Terms & Conditions is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

Contacting Us

EAST PENN CANADA

165 Harwood Avenue North
Ajax, ON L1Z 1L9
Canada

Attention: Privacy Officer
privacyofficer@eastpenncanada.com
1-800-668-9303