Policies and Terms
Terms and Conditions of Use
Please read these terms and conditions of use carefully before using this site.
By accessing www.traction.com (the “Website”), you agree that these Terms and Conditions of Use (the “Terms and Conditions”) form a binding agreement between you, UAP Inc. (“UAP”), and Traction with respect to the use of the Website. If you do not wish to be bound by these Terms and Conditions, do not use this Website. UAP reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view this Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.
The content of this Website, such as text, graphics, images, information obtained from UAP’s manufacturers, suppliers and other entities, and other material (collectively, “Content”) is for informational purposes only. Any information furnished on this Website is not intended nor implied to be automotive official advices and is not intended to replace personal consultation with a qualified automotive service technician, mechanic, or similar automotive professional.
UAP and Traction have not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. UAP and Traction do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL UAP OR TRACTION BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING, WITHOUT LIMITATION, DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.
YOU ACKNOWLEDGE THAT THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY. GPC, UAP AND TRACTION DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING WITHOUT LIMITATION TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. GPC RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEBSITE.
EXCLUSION OF LIABILITY
Because some jurisdictions do not allow the exclusion or limitation of liability in certain circumstances, the following limitations and exclusions may not apply to you and, in such jurisdictions, liability is limited to the fullest extent permitted by law.
IN NO EVENT SHALL UAP, TRACTION, THEIR LICENSORS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA, OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT UAP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that, in connection with this Website, information will be transmitted over local exchange, interexchange, and internet backbone carrier lines and through routers, switches and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, internet service providers, and others, all of which are beyond the control and jurisdiction of UAP and its suppliers. Accordingly, UAP and Traction assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website.
COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY RIGHTS
The Content consists of copyrighted works proprietary to UAP, Traction, their licensors, or suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: “® 2016 by UAP Inc. All rights reserved.” and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licences to any tangible or intangible UAP materials not expressly granted herein are expressly reserved to UAP. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
Traction and HD Plus are trademarks of the UAP. All product and service names, logos, and symbols used and displayed on this Website are registered and unregistered trademarks of UAP. Nothing on this Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark displayed on this Website without the prior written permission of the trademark owner. UAP’s trademarks may not be used in connection with any product or service that is not associated or affiliated with Traction, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Traction or the trademark.
You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant—or warrant that the owner of such content has expressly granted—UAP a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to include the work on this Website (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, communicate to the public, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed). You acknowledge that you are responsible for submissions, and you, not we, have full responsibility for the submissions, including, without limitation, legality, reliability, appropriateness, originality, and copyright. You further recognize that we do not want you to, and by making a submission you warrant that you shall not, provide any information or material to us that is defamatory, threatening, obscene, harassing, or unlawful, or that constitutes a trade secret or incorporates the proprietary material of another party.
We may, but shall not be obligated to, in our sole discretion, post any submission on this Website and identify you as the submitting party. We may, without notice to you, refuse or edit submissions for any reason or no reason, including, without limitation, those submissions that we determine in our sole discretion are inappropriate, unlawful, fraudulent, threatening, libelous, defamatory, obscene, encourage or constitute dangerous, violent, immoral, offensive, illegal, pornographic, or similarly inappropriate behavior, or that represent us in a negative way or in any manner not consistent with our brand and/or reputation, as may be determined in our sole and absolute discretion, or infringe or violate any party’s intellectual property or other proprietary rights or these Terms and Conditions.
Submissions should not be dangerous or unsafe for you or a third party to make or produce. Submissions also should not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, and submissions should not suggest or imply to any person to undertake any illegal, dangerous, unsafe, or unduly risky activity, as may be determined in our sole and absolute discretion. Submissions should not contain any intellectual property belonging to any other party, including, without limitation, trademark, copyright protected material, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any person, business or company, other than us. Such inappropriate submissions are strictly prohibited, and any submissions in violation of the above requirements and restrictions will not be posted or shall be subject to removal without notice.
USE OF THIS WEBSITE
Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of this Website, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means, (v) to access systems, data, or information not intended by us to be made accessible, (vi) to attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is strictly prohibited. Examples of illegal or unauthorized uses of this Website include, but are not limited to: (i) modifying, adapting, translating, or reverse engineering any portion of this Website or its Content; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve, scrape, or index any portion of this Website or any other Submissions; (iii) reformatting or framing any portion of the pages or application images that are part of this Website; (iv) creating or transmitting commercial electronic messages without consent, unwanted electronic communications such as “spam” or chain letters to other users or otherwise interfering with other users’ enjoyment of this Website; (v) Submissions purportedly made on behalf of any third party without such third party’s prior written consent, including, without limitation, registering, subscribing, attempting to register, attempting to subscribe, unsubscribe, or attempting to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (vi) submitting Submissions that falsely express or imply that such Submissions are sponsored or endorsed by us; (vii) submitting Submissions that disparage this Website or us; (viii) submitting Submissions that infringe, misappropriate or violate the intellectual property, publicity, privacy, right to image or other rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature; (x) submitting Submissions that are unlawful or promote or encourage illegal activity; (xi) displaying an advertisement as part of any Submission; (xii) any automated use of the information handling system, including, without limitation, the use of scripts to send messages through this Website; or (xiii) submitting false or misleading information.
While we prohibit such conduct and content on or through this Website, you understand and agree that you still may be exposed to such materials and that you use this Website at your own risk.
UAP may provide links on this Website, via advertising and otherwise, to other websites that are not under the control of UAP. UAP does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and UAP and Traction are not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against UAP and Traction regarding our inclusion of such links to third party websites or your use of those websites.
APPLICABLE LAW AND VENUE
By accessing this Website, you, UAP, and Traction agree that the statutes and laws of the Province of Quebec, without regard to conflicts of laws principles thereof, and the federal laws of Canada applicable therein will apply to all matters arising from or relating to use of this Website. You, UAP, and Traction also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the District of Montreal, Province of Quebec, with respect to such matters. This Website is controlled, operated, and administered by us and our service provider designees from offices within Canada or in the United States of America. We make no representation that materials on this Website are appropriate or available for use at other locations outside of Canada and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the materials on this Website in violation of Canadian export laws and regulations. Those who choose to access this Website from outside Canada do so on their own initiative and are responsible for compliance with local laws.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, Survival, Indemnification, and Complete Agreement.
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
In consideration of UAP allowing you to visit and use this Website, you agree to defend, indemnify, and hold harmless the National Automotive Parts Association, UAP, and their divisions, subsidiaries, parents, affiliates, partners, chains, and their respective past, present, and future officers, directors, employees, agents, mandataries, representatives, successors, and/or assigns (collectively “Releasees”), from any and all claims, charges, prejudice, actions, causes of action, suits, costs, expenses, damages (including, without limitation, special, general, incidental, consequential, or other damages), demands, or liabilities whatsoever, in law or equity, arising out of or relating to your use (lawful or unlawful) of this Website or the Content, your breach of any of the Terms and Conditions set out herein, your use of any linked websites reached through this Website, your inability to access this Website for any reason, your reliance on any errors or omissions on this Website, or your contraction of computer viruses of any nature obtained through your use of this Website or any website accessed through this Website.
The parties hereto have expressly requested that these Terms and Conditions be drawn up in English. Les parties aux présentes ont expressément requis que les présentes modalités soient rédigées en langue anglaise.
EFFECTIVE DATE AND CHANGES
These Terms and Conditions are effective as of their posting on this Website. From time to time, it may be necessary to update or modify these Terms and Conditions. Accordingly, we reserve the right, in our sole discretion, at any time and without notice, to add to, change, update, modify, or remove any portion of these Terms and Conditions. Any such addition, change, update, modification, or removal will be effective immediately upon its posting on this Website.
We may terminate, change, revise, modify, suspend, or discontinue any aspect of this Website, including, without limitation, the availability of any features of this Website, at any time, so it is your responsibility to review these Terms and Conditions from time to time. You agree that your continued use of this Website constitutes an agreement to these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or the entire Website without advance notice and without liability. We may, at any time and without advance notice, terminate the authorization, rights, and licence given above and, upon such termination, you shall immediately destroy all Content. You may terminate this agreement by destroying: (a) all Content obtained from this Website and any related UAP or Traction or other sites, and (b) all related documentation and all copies and installations, provided that any accrued rights, obligations, representations, or warranties shall not terminate.
® 2016 by UAP Inc. All rights reserved.
UAP Inc. ("UAP") has made it its mission to be the Canadian leader in the sale, distribution and marketing of automotive parts and accessories for cars and heavy vehicles. To carry out this mission, UAP relies on a team of motivated and competent employees evolving in a dynamic environment.
Over the years, UAP has not only become known for the excellence of its products and its dynamic approach to its business markets, but also for its commitment to offering its customers high-quality services and top-notch advice.
To live up to this commitment, UAP attaches great importance to the protection of the Personal Information provided to it by its customers in the scope of its commercial activities, including when they are consulting its web sites, or using its on-line services.
SCOPE AND APPLICATION
This policy has been drawn up to meet the requirements of the relevant provisions of the statutes that govern the protection of Personal Information and privacy.
More specifically, this policy focuses on the provisions that were adopted to govern the collecting, holding, use, communication and destruction of Personal Information in the private sector. The rules that were introduced were designed to establish a balance between the rights pertaining to the protection of privacy of individuals with regard to their Personal Information, and UAP’s needs to collect, use or communicate such information in connection with its business activities.
For the application of this policy, "Personal Information" means any information which relates to a natural person and allows that person to be identified.
To ensure compliance with this policy, UAP makes every effort to require that its employees, representatives or agents conduct themselves in a responsible manner with respect to the protection of Personal Information. To this end, it provides them with the appropriate information sessions, or sensitization.
At UAP, the protection and confidentiality of Personal Information that it holds is controlled at every stage of the management of this information: the collecting, holding, use, communication and destruction thereof.
At each phase of the management of the Personal Information that UAP holds, it makes sure that it gets consent from the person concerned. This consent must be manifest, free, enlightened and given for specific purposes, and is valid only for the length of time necessary to achieve the purpose for which it was requested. In this respect, UAP prefers that consent from the person concerned be given in writing.
Only the employees, representatives or agents whose functions at UAP require the use of Personal Information are authorized to collect such information on UAP's behalf.
In general, this information should be collected from the person concerned, and only with his or her consent. It may however be collected from a third party, provided the consent of the person concerned was obtained, or where it is authorized by law.
UAP may only collect Personal Information which is necessary to carry out its functions, to achieve specified ends, or to fulfill its mission.
The person who provides the information must be informed of the foregoing, how the information will be used, the category of persons who will have access to it, where it will be held, and his or her right to access or correct it.
UAP applies strict security rules and makes every reasonable commercial effort to ensure the confidentiality of the Personal Information it holds on its customers and the protection thereof against loss, unauthorized access, unauthorized use, duplication or alteration. UAP must ensure that these means are reasonable, given in particular, the sensitive nature of such Personal Information, the ultimate aim of its use, its quantity, breakdown and medium.
Furthermore, UAP ensures that the Personal Information contained on paper is kept under lock and key, and under the responsibility of a specified individual. As for Personal Information contained on a computing medium, this is kept in a manner that ensures the effective and secure control thereof, and a limited access thereto.
Access to the Personal Information will be restricted to UAP's employees, representatives and agents who may only use such Personal Information in the performance of their duties.
The use of the Personal Information held by UAP is limited to the purposes for which it was collected.
UAP must ensure that the Personal Information it holds is current and accurate when it is used.
UAP undertakes not to communicate the Personal Information that it holds to third parties without first obtaining the consent of the person concerned, or where authorized by law.
UAP undertakes at all times not to sell, transfer or lease Personal Information in its possession to third parties.
Where disclosure of information is authorized or permitted, UAP ensures that the confidentiality of the Personal Information is protected.
In particular, e-mail must not be used to communicate a message or documents containing Personal Information without the consent of the person concerned, unless appropriate measures have been taken to ensure the communication is secure and confidential.
Where Personal Information held by UAP is no longer necessary for the purposes for which it was collected, UAP ensures that any document containing Personal Information, regardless of the medium, is destroyed using a process that ensures the confidentiality of the information it contains.
UAP undertakes to inform any person who so requests that it holds information about such person, what use is made thereof, and that it has been disclosed to third parties, where applicable. UAP must, at all times, permit the person concerned to obtain access to, and consult the Personal Information about him or her.
The person concerned may also dispute the accuracy of the Personal Information about him or her in UAP's possession, and make the appropriate corrections thereto, in accordance with the law.
To make a request for access to Personal Information, or request that such Information be corrected or updated, the person concerned should contact UAP's Director Administration in writing at the following address: 7025 Ontario Street East, Montreal, Quebec, H1N 2B3. The latter must respond to the person concerned within thirty (30) days of the receipt of the request.
All employees, representatives and agents of UAP handling Personal Information shall take all appropriate measures to ensure the strict compliance with this Policy, as well as with the requirements relating to the protection of Personal Information, and this, at all times.
In case of doubt regarding the application of this Policy, any employee, representative or agent of UAP must consult UAP's Director Administration before taking any action whatsoever which could have the effect of collecting, holding, using, communicating or destroying Personal Information in breach of the present Policy or the law.
Any observed or anticipated breach of the provisions of this Policy or of the law which could detrimentally affect the confidentiality of Personal Information held by UAP must be reported without delay to UAP's Director Administration.
7025 Ontario Street East, Montreal, Quebec, H1N 2B3
SUMMARY – TEN PRINCIPLES ON THE PROTECTION OF PERSONAL INFORMATION
- Reasons for collection – UAP must determine, and inform the person concerned, why the Personal Information is being collected, as well as the terms and conditions surrounding its use.
- Consent - so that the Personal Information can be collected, used or communicated, the person concerned must be informed thereof and agree thereto except where otherwise required or authorized by law.
- Restriction on collecting - UAP is only entitled to collect Personal Information that is necessary to carry out its functions, to achieve specified ends that it indicated and to fulfill its mission.
- Restriction on holding, using and communicating – the Personal Information held by UAP can only be held, used or communicated to achieve the purposes for which it was collected unless the person concerned has consented to another use or the law requires or authorizes it. The Personal Information can only be kept for the length of time necessary to achieve the purposes for which it was collected.
- Accuracy - UAP ensures that the Personal Information it collects and holds is current and accurate when it is used.
- Security measure - UAP must implement security measures to protect the Personal Information it holds against any loss, theft, communication, duplication, unauthorized use or modification. UAP must ensure that these measures are reasonable given, in particular, the information’s sensitive nature, the ultimate aim of its use, its quantity, breakdown and medium.
- Transparency - UAP must provide its customer base with information regarding the standards and methods that it uses to collect, hold, use, communicate and destroy personal Information.
- Accessibility - Where the person concerned submits a written request, UAP must notify him or her of the existence of the Personal Information about him or her that it holds, how it uses the information, and the fact that it is communicated to third parties, where applicable. UAP must allow the person concerned to access the information and to contest its accuracy or its completeness.
- Resolution of complaints and request regarding the protection of Personal Information – any concerned person may send written questions, requests or complaints to UAP’s Director Administration at the following address: 7025 Ontario Street East, Montreal, Quebec, H1N 2B3.