TERMS & CONDITIONS
Here at Eagle Manufacturing, we get ‘ship’ done, including our Shipping Policy. All our items are shipped to our customers FREE of charge via courier except for some items such as, but not limited to, Cargo Bed Slides, Bumpers, Fuel Tanks, and some oversized items. FREE Shipping applies to most items within Canada; some exceptions may apply within the North West Territories, Yukon, Nunavut and Labrador. **Please get in touch with one of our dedicated sales representatives for more details on these items** Total cost of the invoice is subject to change accordingly to product details with the customer’s consent.
From the time you receive your tracking number, most orders are delivered within 5-7 business days. Shipping to select rural or remote destinations may result in extended shipping times.
Domestic Shipping (Canada): Delivery time is an estimate; we continuously work with our freight team and partners to trust them with delivering your product from Canada West to East Coast. Unexpected delays may occur; our team will contact you via e-mail.
PREPAID EXPECTATIONS: Some oversized and overweight items are exempt from the pre-paid program. Due to location, there may be exceptions, areas deemed as “Beyond Points” through our couriers. Special rates may apply. Exceptions include but are not limited to Cargo Bed Slides, Bumpers, Fuel Tanks, Large Tool Boxes, Long-Running Boards, and Tonneau Covers.
We get ‘Ship’ done – which means we contact a few different shipping companies looking for the lowest quote. We then charge the customer’s invoice the quotes shipping amount. We can also ship collect on the customer’s freight company of choice. Our primary freight partner is Purolator.
International USA Shipping: We will ship into the USA; however, there will be a freight charge for every order. We Require 1-2 Days to arrange the courier; we will confirm your order within 24 hours (weekends not included).
We will, in most cases, ship with a courier or carrier that handles the duty and taxes within their freight charge, so there will be no need for you, the customer, to pay anything extra upon receipt of shipment. If we use a carrier that does not offer this option, we will send you an email explaining the duty and taxes. Product Returns will not be accepted unless an error has been made on the product shipped. Some products cannot ship.
Backordered Items: If your item gets placed on a Backorder, we will contact you via email to notify you of the delay. If you have items on your order that are not on Backorder, we may ship items separately, Backordering the unavailable items. Backorders on prepaid orders will be shipped freight prepaid. Backorders on collect orders with be shipped freight collect. During typical business hours, orders are processed the same or following day, Monday through Friday.
All orders placed on Saturday or Sunday will be processed on Monday, except for holidays. If there are known delays, we will let our customers know as soon as possible. When your order ships, we will send you a Shipping Confirmation email with a tracking number and direct link you can use to track your order. Orders can be sent to only one address. If you are purchasing several items to be shipped to different addresses, you’ll need to place a separate order for each additional shipping address. Shipping delays may occur if given the wrong address or postal code for the shipping address or when the shipping company cannot deliver your package. They send the packages back to Eagle Manufacturing; we will contact you via email or phone for the correct address information. Shipping companies often do not guarantee any shipment a couple of weeks before Christmas. Please allow extra time for deliveries during this time.
Packages that are returned to us by courier and marked as “unclaimed,” “returned to sender,” “attempted unknown,” “refused,” “invalid street address” will be credited back to the customer’s credit card on file, less the shipping and handling fees and a 25% restocking fee.
To protect our customers against credit card fraud, we will call, email or use other ways to verify that the credit card holder authorized the purchase. The billing address MUST MATCH the records at the card-issuing bank, or we will not accept the offer.
ONLINE PRICING POLICY:
Credit Card Funds are pre-authorized during the checkout process. Funds are only captured once all the order details have been reviewed and the products have shipped. In the event of pricing errors on the website, Eagle Manufacturing will notify you of any price discrepancies before processing orders. We reserve the right to cancel any orders resulting from such pricing errors. All personal information is secure to ensure that all our customers are protected.
Special orders are not returnable; the order cannot be cancelled after submission.
G.S.T. Extra; P.S.T. Extra…
All information on this website or offered through communications related to this site is for information use only. Eagle Manufacturing, its members and founders can not be held liable for any information shared on this site.
- Ownership of Content
Company websites may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content,” but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software, or other forms now known or later invented. The Site makes no representations or warranties that the Content is available, appropriate or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by The Site or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content.
- Restrictions on the Use of the Site
As a condition of using this site, you agree that you will not:
- Without the prior written consent of The Site, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
- Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Submit, display, or transmit any User Content that exceeds The Site’s capacity limits or for which you do not own or have the necessary and appropriate rights;
- Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
- Forge headers, create a false identity, or otherwise manipulate identifiers to deceive others or disguise the origin of any User Content transmitted to or via the site;
- Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
- Publish, post, display, offer or disseminate any profane, obscene, indecent, unlawful, terroristic, viol
- Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or monitor or copy content.
- Site Security Use Restrictions
The Site takes the security of this website and its other websites seriously. Therefore, in addition to the restrictions set forth above, you may not: interfere or attempt to interfere with the proper working of this web site or any activity or service on this web site by using any robot, “bot,” spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network; attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access; access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way; upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs; restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site; post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use any part of this web site; or link to, frame, or otherwise reproduce this site or any other aspect of The Site without the prior written consent of The Truck Outfitters.
The Site reserves the right to investigate any violations of its system, network or website security, involve and cooperate with law enforcement authorities in investigating such violations, and prosecute violators to the fullest extent of the law.
Copyright to all Content on the site is either owned by The Site, is licensed to The Site, or was cleared of any licensing or copyright. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other website or networked computer environment is prohibited without the express written permission of The Site.
- Procedures for Making Copyright Infringement Claims
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. Our policy is to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this website, please notify our designated DMCA agent immediately at: email@example.com. DMCA Notices must be in writing and must include the following information: an electronic or physical signature of the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; the URL of the site and a description of where the material that you claim is infringing is located on that site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Trademarks and Proprietary Rights Notices
All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on this site are either owned by The Site or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of The Site. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other Company website.
- User Content
Some of our sites allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on this site, you hereby grant The Site an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from The Site in connection with The Site’s exercise of its license rights in and to the User Content you have posted on this site. You acknowledge and agree that The Site is under no obligation of confidence to you and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
The Site has no obligation to monitor this site or any portion thereof. However, The Site reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. The Site has no obligation to display or post any User Content. The Site reserves the right to disclose, at any time and from time to time, any information or User Content that we deem necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. The Site shall have no liability in connection with any User Content submitted to, transmitted via, displayed, or posted on this site.
You must meet any age, geographic or other eligibility requirements specified at each site to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in specific contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at those sites or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies.
- Online Shopping
The Site may also offer e-commerce opportunities. The Site may offer different options for visitors to purchase products or services either from The Site or from a third party (see Section 9 below concerning Third Party Sites). The Site does not guarantee that you will be satisfied with products or services purchased from us. The Site does not design, make, or manufacture products sold online and only sells, distributes or ships products from its online stores. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither The Site nor its vendors guarantee that all orders will be filled.
Subscriptions and other services requiring payment generally require the use of a valid credit card. The Site and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products. You are solely responsible for charges owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.
- Links and Third-Party Sites
This Website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand that site’s terms, conditions, policies, and requirements. The Site does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and The Site has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. The Site has no control over (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, web sites operated by third parties. The Site does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from The Site. You acknowledge and agree that The Site has not reviewed all of the links to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third-party sites linked to or from this web site. You’re linking to any other off-site pages, or other sites is at your own risk.
- Community Code of Conduct
The Site offers community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this website, including information provided in community areas. However, we reserve the right to do so at our sole discretion, with or without notice. The Site does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither The Site nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.
When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to The Site in accordance with these TOU. In addition to complying with the restrictions set forth in Section 2 of these TOU, you further represent and warrant that you will abide by the following rules:
- You will not use this website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.
- Except as specifically authorized the web sites and in designated classified ads sections of The Site, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioural or viral marketing, or other spam; (iii) or e-mail such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or (iv) post or upload User Content that includes links to commercial services or web sites.
- You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a founder or partner, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.
- You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”
- You will not post or upload User Content that advertises any illegal service or the sale of any items, the sale of which is prohibited or restricted by any applicable law.
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website.
- You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
- You will not use any form of automated device or computer program that enables the submission of postings or User Content on the website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. You will not use a Posting Agent to post User Content to the website.
- You will not pose any User Content or otherwise use the website in any way that: (i) damages the reputation or goodwill of Eagle Manufacturing; (ii) contains any message or connotation that would be harmful to The Site or its business; or (iii) is indecent, offensive, tasteless, or otherwise inappropriate as determined by The Site in its sole and arbitrary discretion.
- Limitation of Warranties
THE SITE PROVIDES THIS WEBSITE AND THE CONTENT, INFORMATION, PRODUCTS AND SERVICES ON OR THROUGH IT “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. THE SITE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states may not allow the exclusion of implied warranties, so check local laws.
- Limitation of Liability
THE SITE DOES NOT WARRANT THAT THE CONTENT OR SERVICES AT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS LISTED, SOLD OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER THE SITE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS OR INFORMATION CONTAINED AT THIS SITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND RELIABLE.
IN NO EVENT SHALL THE SITE OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER THE CONTENT, MATERIAL, AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, LINKS TO OR FROM THIS SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. NEITHER THE SITE NOR ANY OF ITS FOUNDERS, AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES SHALL BE LIABLE FOR ANY LOSSES YOU MIGHT SUSTAIN BY ENGAGING IN TRANSACTIONS WITH BUYERS OR SELLERS WHO YOU MEET AS A RESULT OF CLASSIFIED ADVERTISEMENTS POSTED ON THE WEB SITE.
Some states do not allow the limitation of liability, so check local laws.
- Indemnity and Hold Harmless
You agree to hold The Site and its founders, officers, directors, employees, representatives, agents, licensors and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site or the truth or accuracy of any claim made about such goods or services.
- Termination of Services
We may eliminate or terminate any Content or service posted on or made available through any of our websites without notice to you at any time at our sole discretion. Without limiting any other remedy, The Site reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or any vendor, business or promotional partner, advertiser, another user, the public, or us.
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the site, you must provide all notices or complaints to The Site via e-mail to firstname.lastname@example.org. All notices from The Site to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent unless we are notified that the e-mail address is invalid. The company reserves the right to notify you by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.
Eagle Manufacturing reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check this site periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the Site following the effective date of any changes to these TOU constitutes your acceptance of those changes.
- General Provisions
Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only and are not intended to in any way confine, limit, construe or describe the scope or extent of such section.
No Waiver. No waiver by The Site of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.
No Agency. You acknowledge and agree that Eagle Manufacturing, in providing this site, is not acting for or on behalf of either you or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by this TOU between The Site and either you or any vendor, business or promotional partner or advertiser at this site. Governing Law/Venue. Your use of this website and any dispute arising out of or relating to your use of this website will be governed by the laws of the State of Wisconsin, irrespective of its conflicts of laws provisions. In the event that Eagle Manufacturing wishes to pursue injunctive or other equitable relief as a result of your violation of these TOU and your infringement of The Site’s intellectual property rights, Eagle Manufacturing may bring legal action against you in any federal or state court having jurisdiction.
- User Communications, Transactions, Interactions, Disputes, and Relations
Eagle Manufacturing and its Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold Eagle Manufacturing and its Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising from your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Eagle Manufacturing and its Representatives.
Unless otherwise specified, all fees are in Canadian dollars, and all charges will be made in Canadian dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are non-refundable, including, without limitation, in situations where paid posts are removed by Eagle Manufacturing or by community flagging. Payments and purchases may not be cancelled by the user, except as required by law. However, Eagle Manufacturing reserves the right to refuse or terminate any purchase or attempted purchase at any time at its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or another payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
YOUR ACCESS TO, USE OF AND RELIANCE ON THE TRUCK OUTFITTERS AND CONTENT ACCESSED THROUGH EAGLE MANUFACTURING IS ENTIRELY AT YOUR OWN RISK. EAGLE MANUFACTURING (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, THE TRUCK OUTFITTERS ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE TRUCK OUTFITTERS AND CONTENT ACCESSED THROUGH THE TRUCK OUTFITTERS; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE TRUCK OUTFITTERS OR CONTENT ACCESSED THROUGH THE TRUCK OUTFITTERS; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE TRUCK OUTFITTERS OR CONTENT ACCESSED THROUGH THE TRUCK OUTFITTERS (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON THE TRUCK OUTFITTERS OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimers of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
- Limitations of Liability
EAGLE MANUFACTURING AND ITS REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON EAGLE MANUFACTURING OR CONTENT ACCESSED THROUGH EAGLE MANUFACTURING BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO EAGLE MANUFACTURING OR CONTENT ACCESSED THROUGH EAGLE MANUFACTURING, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF EAGLE MANUFACTURING OR ANY ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF BUT IS NOT RESTRICTED TO WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF EAGLE MANUFACTURING OR CONTENT ACCESSED THROUGH EAGLE MANUFACTURING; ANY INABILITY TO ACCESS OR USE EAGLE MANUFACTURING OR CONTENT ACCESSED THROUGH EAGLE MANUFACTURING; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF EAGLE MANUFACTURING OR CONTENT ACCESSED THROUGH EAGLE MANUFACTURING.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF EAGLE MANUFACTURING OR CONTENT ACCESSED THROUGH EAGLE MANUFACTURING (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON EAGLE MANUFACTURING AND LINKS IN CONTENT ACCESSED THROUGH EAGLE MANUFACTURING.
You hereby release Eagle Manufacturing and each of Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Eagle Manufacturing or content accessed through Eagle Manufacturing, or any interactions with others arising out of or related to Eagle Manufacturing or content accessed through Eagle Manufacturing.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Notifications of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please contact us immediately via email at email@example.com
- Injunctive Relief
You acknowledge and agree that any violation or breach of the TOU may cause Eagle Manufacturing immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, Eagle Manufacturing has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any other remedies available to Eagle Manufacturing in law or equity, Eagle Manufacturing may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.
In addition to any injunctive relief, you agree to pay to Eagle Manufacturing the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to Eagle Manufacturing as described in the following schedule.
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Last Revision: 2022-03-15