Conditions of Use

Acceptance of Terms of Use

By using this website you agree to be bound by the Terms of Use. We may amend the Terms of Use at any time without prior notification. By continuing to use the site after such an amendment, constitutes your agreement to abide by any and all changes and/or additions to the Terms. If you do not agree with the Terms of Use or subsequent modifications, your only recourse is to immediately stop using the Site. Violation of the Terms can cause the termination of your license to use the site. Your license to use the Site can also be terminated at any time for any reason or for no reason.

Additional Terms of Use may be added to the Site to cover specific content or events. Such Additional Terms may be placed on the Site in the Terms of Use section. We strongly advise you to check the terms of Use from time to time to review any additions, changes or updates.

By registering on the site, you agree that you have the authority to do so and are over the age of 18. Those under the age of 13 cannot provide personal information to us in accordance with the U.S. Federal Children’s Online Privacy Protection Act of 1998 (COPPA) and therefore, cannot legally use the site. We will not knowingly solicit or accept such information from individuals under the age of 13.

Limited License of Use

All photos, content, text, video, graphics, audio recordings, software, logos and other material are the sole property of this website (with the exception of materials owned by Third Parties). All rights reserved. You are hereby granted limited, non-transferable license for personal use of the APWagner.com Website. You may copy and reproduce material from the site for personal use only if (a) all copyright information and appropriate logos remain on the reproductions and (b) the information is not altered, distorted or reposted to other Websites. Downloading, copy and pasting or otherwise accessing information from this website does not grant you intellectual or property rights to such materials.

You may not copy, upload, distribute, publish, reproduce, “frame or hyperlink” or otherwise exploit content or information from the site without the express written permission from this website. Requests for such permission may be made to webmaster@apwagner.com.

Links to Third Party Web Sites

This website may link to other websites not owned, operated or even affiliated with this website. Since the content on these Third Party Sites is not controlled by us, we cannot be held responsible or liable for the information contained on them. You agree to waive any claims you have against us with respect to such Third Party Sites.

Online Ordering and Pricing

We strive for a 100% accurate site; however we do not guarantee that any content is complete or accurate including pricing and product specifications. If we discover any inaccuracies, errors or omissions we reserve the right to correct those errors at any time.

We also reserve the right to discontinue offering any products, sales or other special offers at any time. We reserve the right to refuse or cancel any order or sale for the following reasons: inaccuracies, limitations in product availability, errors in product or pricing information, suspected fraud, problems with method of payment, product size and/or shipping costs, or customer conduct is found to be in violation of New York State or U.S. laws.

If an order you placed is cancelled or changed, every reasonable effort to contact you will be made, and any charges for the items will be refunded.

We reserve the right to limit quantities.

Some offers may only be valid within the United States

If you do not agree with such terms your only recourse is to not place an order.

Shipping

All prices shown on our site are in U.S. dollars without shipping and handling fees and applicable taxes which may apply to your order. We use United Postal Service and other third party carriers to provide shipping and are not responsible for losses, damages or delays once a shipment leaves our possession.

Returns and Warranty Policies

If you are not satisfied with an order, you have up to 30 days to return the unopened or unused portion of the product and you will be credit for the amount of the order, minus shipping and handling fees. You must include the packing slip or shipping receipt with your return.

All products and items sold on our site are sold “AS IS” and come without a guarantee or warranty from us, either expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose.

In some cases, products carry a warranty provided by the manufacturer. You agree that this website is not the enforcer of such a product warranty and any dispute or damages resulting from the use or misuse of said product are with the manufacturer and not with this website. You agree that this website is not responsible for the use or misuse of any product and/or the resulting loss or losses claimed or suffered by you or any third party whether they be punitive, special, exemplary, incidental, indirect, or consequential, including but not limited to, loss of business profits, loss of “good will”, business interruption or loss of data.

Manufacturer Part Warranties

Most parts purchased from this website come from the manufacturer with a 90-day limited warranty against factory defect. In some cases, some manufacturers offer a one-year limited warranty. Because manufacturers can change their warranty policy at will, please call our customer service center at (888) 279 2463 if you have any questions regarding the warranty of your part. Also be sure to read all the information that comes with your part for any warranty information.

If a part you purchased from us is defective, please call our customer service center at (888) 279 2463 to exchange your part.

Exchanges do not cover any shipping charges.

User Submissions and Conduct

You agree that any content you upload post or submit to this website and its affiliates is worldwide license to use such content royalty-free, perpetual, irrevocable and non-exclusive. Submitting such material does not mean you will be compensated in any way, shape or form, unless otherwise noted under separate written contract.

Your Submissions may be modified, edited and changed as we see fit and by submitting such material you authorize you have the right to grant such use. We also have the right to reproduce now or at a later date, such material or to incorporate it in other works in any form, media or technology. If you submit materials under a user or account name, such materials will be attributed to said name.

Some areas of our site are open to user participation. By using, posting and/or reading this area or areas of our site, you agree to not harass, defame, “stalk”, libel or threaten any individual(s) or entity(ies) in any way.

The user also agrees not to use the site, the users or content therein, to further any commercial purpose or venture. This includes harvesting e-mail addresses, sending marketing, sales, contests, chain letters, investment opportunities, or any form of “spam” either to users on the site or to post the following items on the Site.

By using our Site and any areas of user participation you agree to refrain from the use of obscene, profane, indecent, sexually explicit or derogatory language. Since comment and user participation areas are not controlled directly by this website, such content cannot be used to hold this website responsible or liable.

You agree to not violate any applicable local, state, federal, national, international laws, rules, statues or regulations.

The user agrees that all information submitted by and about him or her is true, current and factual. Users agree not to impersonate any person or entity. We reserve the right to delete any account we suspect to be in violation of these Terms.

You agree not to post, transmit, upload or publish material that you do not hold the proper copyrights, licenses and/or ownership rights. Material that infringes upon Third Party rights will be deleted from our site without consent or prior notification to the User who posted it.

We reserve the right (but not the obligation) to remove, edit or delete any material we find harmful or objectionable to our users, our affiliates or our company, or that may damage the Site or the computers of our users without notification or consent from the User that posted it. If you believe your information was removed in error, your only recourse is to contact us at webmaster@APWagner.com.

Your membership and right to use APWagner.com can be refused, declined or terminated at any time for any reason or for no reason. Such a decision is final and cannot be appealed.

This website is not responsible for any content posted by Third parties. If you have a dispute with one or more users, you release us from any claims, demands, damages, (actual and consequential) of every kind and nature, arising out of or in any way connected with such disputes.

Privacy Policy

Your privacy is important to us. Please read our Privacy Policy for information about how we protect it and the information used and gathered on this site.

Disclaimer of Warranties

THE MATERIALS ON THE WEBSITE, INCLUDING REPAIR INFORMATION, TIPS AND ADVICE, ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND ARE MADE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE MATERIALS, CONTENT OR PRODUCTS ON THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME PRODUCTS PURCHASED ON THIS SITE COME WITH A WARRANTY FROM THE MANUFACTURER. YOU AGREE THAT APWAGNER IS NOT THE ENFORCER OF SUCH A PRODUCT WARRANTY AND ANY DISPUTE OR DAMAGES RESULTING FROM THE USE OR MISUSE OF SAID PRODUCT ARE WITH THE MANUFACTURER AND NOT WITH APWAGNER.

WE, OUR AFFILIATES, AND OTHER THIRD PARTY PROVIDERS ON THIS SITE, DO NOT MAKE ANY WARRANTIES OR GUARANTEES AS TO THE QUALITY, AVAILABLITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS SITE. WE AND OUR AFFILIATES DO NOT GUARANTEE THAT THE INFORMATION, SERVICES OR PRODUCTS PURCHASED OR OBTAINED FROM THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. ANY RELIANCE YOU PLACE ON SUCH MATERIALS FROM THIS SITE IS THEREFORE STRICTLY AT YOUR OWN RISK.

Limitations of Liability

THIS WEBSITE, ITS EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES OR OTHER REPRESENTATIVES, SHALL NOT BE LIABLE WHETHER IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE), FOR ANY DAMAGES, WHETHER PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS AND THE LIKE, SUFFERED BY YOU, YOUR PROPERTY OR ANY OTHER PERSON, AS A RESULT OF YOUR USE OR MISUSE OF THIS WEBSITE OR THE MODIFICATION, SUBMISSION, OMISSION, COPYING, DISTRIBUTION, OR DOWNLOADING OF THE MATERIALS ON THIS SITE. THIS ALSO INCLUDES DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR, EVEN IF THIS WEBSITE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WEBSITE ASSUMES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY OTHER THIRD PARTY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Laws

The headquarters for this website resides in the State of New York and hereby abides by all local laws of that state as well as the federal laws of the United States. Should any dispute arise between you and APWagner.com and its affiliates, you agree solely and exclusively to the venue and jurisdiction of and in New York State and you agree to submit to the personal jurisdiction of such courts and other dispute resolution organizations. You consent to be bound by and abide by the laws of New York State and the United States if such a dispute should arise without giving effect to any principles of conflicts of laws.

You agree that the exclusive remedy for any disputes or claims relating to our Terms of Use or APWagner.com, excluding legal action taken by us to obtain an injunction relating to its intellectual property, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Buffalo, New York, without regard to conflicts of law provisions. No other dispute, claim or third party will be consolidated into your dispute or claim. Such proceedings must occur within ONE YEAR of the alleged claim or dispute; otherwise such a claim will have no recourse for remedy.

Indemnity

You agree to indemnify and defend this website and its employees, directors, officers, affiliates or other representatives, against any claims, including reasonable legal fees, made by third parties due to, or resulting from, your use of, or content posted, submitted, transmitted or made available by you, on the site.

General

This website operates from New York State and follows the local laws of this area. Since this website can be accessed world-wide and some or all information and/or areas of this site may not correspond to the local laws of your area. The adherence to and knowledge of local laws governing, including and not limited to, the importing and exporting of goods, the transmission of data and the use of technology is your responsibility.

The agreement to these Terms of Use does not constitute employment, partnership or any other type of business venture or relationship between you and this website.

The terms listed here supersede any other Terms of Use whether written, spoken or implied in any other way.

If any part of these Terms are found to be invalid or unenforceable by New York State or U.S. federal Laws, the remainder of the Terms shall remain valid and enforceable to the fullest extent permitted under applicable law. These Terms are binding upon you and your heirs, representatives, and successors

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