The Site is an e-commerce website which has the following description:
Founded in 1975, S&J Engines is a private business specializing in remanufactured automotive and marine products. Our website provides the public and professionals access to our product line and the ability to purchase directly online.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."
The userand/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of S&J Engines, Inc..At its discretion, S&J Engines, Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. S&J Engines, Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end userand/or member, acknowledge, accept and agree that S&J Engines, Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the userand/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such S&J Engines, Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
The Buyer understands, accepts and agrees responsibility to strictly abide by the terms of the Warranty(see the full Warranty Policy at www.sandjengines.com/warranty), and further understands, agrees and accepts that failure to do so will relieve S&J Engines, Inc. of any responsibility to abide by the terms of the warranty also. The Buyer acknowledges that the Warranty has value for the purpose of protection against product failure and was an important consideration when deciding to purchase this product at the price paid.
Buyer understands, accepts and agrees with the terms of the warranty and that the warranty provides fair and reasonable remedy for any product failure that may occur.
Buyer understands, accepts and agrees to obtain a Return Authorization Number prior to shipping any product back to S&J Engines, Inc. and that any package without an RA Number will be rejected.
To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving SJE's Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, S&J Engines, Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of S&J Engines, Inc. Services, or any portion thereof.
After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify S&J Engines, Inc. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. S&J Engines, Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of SJE Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by SJE.
Furthermore, you herein agree not to make use of S&J Engines, Inc.'s Services for the purpose of:
S&J Engines, Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
S&J Engines, Inc. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
S&J Engines, Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by S&J Engines, Inc. or any other content providers supplying content services to S&J Engines, Inc.. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
You must agree to the terms of this Agreement, including the Payment Authorization below that authorizes us to initiate payments from the debit or credit card account you have identified, in order to obtain a SJ 2-Pay.
The following terms and conditions represent an agreement between the merchant,
S&J Engines, Inc. Inc.,
located at 817 North Lincoln Street,
Total Purchase Amount: This equals the total amount of your Purchase, as adjusted, and represents the total amount you will have paid when you have made all scheduled payments.
In addition to the cost of any goods or services, it may be adjusted to include
Payment Schedule: When you elect to use this payment option, we will present you with the applicable payment terms, including:
The amount of your Initial Payment. The Initial Payment is the first of two payments and is due immediately once S&J Engines, Inc. confirms your order. The Initial Payment will be made automatically on that date as described in the Payment Authorization below.
The amount of subsequent Installment Payment: The Installment Payments represent the remaining amount and consist of one additional installment payment due 45 (forty-five) days after the Initial Payment. Installment Payment will be made automatically on the date as set forth in the Payment Authorization below.
Promise to Pay: By using this payment option, you are instructing us to render half of the total amount owed upon order placement and the remaining balance on or within the following 45 (forty-five) days. There is no balloon or similar final payment required on this SJ 2-Pay and you are not required to obtain credit life or credit disability as a condition of receiving this SJ 2-Pay.
No Interest or Other Finance Charges: This is a 0% APR SJ 2-Pay. There are no interest or other finance charges due on this payment option. Other fees will apply as described in this Agreement.
Payment Methods: We accept as a payment method most valid credit and debit cards that are not scheduled to expire in the near future. We may limit the types of payment methods we accept at our discretion. If a type of payment method, such as a particular credit or debit card, is not accepted, you will be notified before your Purchase is completed. You may change your payment method at any time, and if you do, you authorize us to charge your new payment method in accordance with this Agreement.Paying by debit card is not a requirement for obtaining a SJ 2-Pay under this Agreement.
Storing Payment Method Details: No payment method details are stored on S&J Engines, Inc. servers. S&J Engines, Inc. third-party payment providers will store payment details and utilize that information to affect charges. S&J Engines, Inc. third-party payment providers will use this information to authorize future charges as described in the Payment Authorization below. Unless you opt out, S&J Engines, Inc. may also use this information to prefill your payment method details for future purchases. You may manage your payment method details online or through the S&J Engines, Inc. website or by contacting us directly. In the event S&J Engines, Inc. obtains updated payment method information from your bank,you agree that S&J Engines, Inc. may update and use this information in our system.
Failed Payment Fee: If you attempt to make the second Installment Payment and your payment is returned unpaid for “not sufficient funds” or for any other reason such as a closed account, we will charge you a Failed Payment Fee of up to 10% of the total purchase (or any lower amount required by law). The Failed Payment Fee will never exceed the Installment Payment amount and will be waived or refunded in the event our error results in you incurring a Returned Payment Fee.
Reinitiating a rejected debit: Unless otherwise limited by law, if any payment under this Payment Authorization is rejected or otherwise returned unpaid, you authorize us to reinitiate it up to two additional times. However, you agree that we are under no obligation to reinitiate any rejected charges or debits. You understand that your financial institution or card issuer may impose fees in connection with rejected charges or debits, and you agree that we do not have any liability to you for such fees. You understand that the associated financial institution may impose fees in connection with rejected payments, and you agree that we do not have any liability for such fees. If you know that a payment will be rejected by your financial institution (e.g., because there is not enough money in the account or availability on the card), you should contact us so that alternate arrangements can be made.
Product Questions and Issues: Please contact S&J Engines, Inc. with any questions regarding Purchases.
Cancellation of Transaction by Buyer:
No SJ 2-Pay Broker: You agree and represent that no person has performed any act as a broker in connection with the making of this SJ 2-Pay agreement.
Assignment: You may not transfer or assign any rights or obligations you have under these terms. To the extent not otherwise already permitted by applicable law, we may transfer or assign these terms or any right or obligation under these terms at any time provided that such transfer does not alter your rights and obligations under these terms to your detriment.
Notices: Except as otherwise required by law, all notices regarding this payment option must be provided in writing to:
S&J Engines, Inc. Inc.
817 North Lincoln Street Spokane,
WA 99201-2124. S&J Engines,
Inc. Customer Service (“Notice Address”).
Complaints: For complaints, the information provided on www.S&J Engines, Inc..com applies. If you have a complaint towards S&J Engines, Inc., you can submit your complaint through the contact form on S&J Engines, Inc.’s website (S&J Engines, Inc..com) or via postal mail with the keyword "Complaint” to S&J Engines, Inc.’s address.
Enforceability: If any term of this Agreement is finally determined to be void or unenforceable by a court or government agency of competent jurisdiction, that term will continue to be enforceable to the extent allowed by such court of agency, and the remainder will no longer be a part of this Agreement. All other provisions of this Agreement will remain in effect.
Governing law, venue: You agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and S&J Engines, Inc., except as otherwise stated in these Terms.
THIS PAYMENT AGREEMENT AUTHORIZES US TO INITIATE ONE ADDITIONAL PAYMENT AFTER YOUR INITIAL ORDER PAYMENT IS PLACED. To complete your Purchase you will indicate a debit card or credit card with which you wish to make your initial and subsequent payments for your SJ 2-Pay (together, along with any substitute debit card, credit card or bank account you may later provide to us, the "Payment Method"). Your Payment Method and payments can be changed, modified or terminated as further described below. For the purposes of this Payment Authorization, the words "we", "us" and "our" include S&J Engines, Inc. and its successors, assigns, agents, and other service providers or any person to whom this Agreement is transferred or assigned.
Authorization for Initial Payment: For each Payment Schedule that we deliver to you, you authorize us to initiate a one-time debit from, or charge to, as applicable, the Payment Method in the amount of the Initial Payment indicated on that Payment Schedule. Initial Payments will occur on or soon after the date S&J Engines, Inc. confirms an applicable order from your Purchase.
Authorization for Installment Payments: You also authorize us to initiate a one-time subsequent debit from, or charge to, as applicable, the Payment Method got the remaining installment amount.
Miscellaneous: You promise that the Payment Method and, if applicable, any Alternate Payment Methods, are legitimate, open and active and that you are an authorized user on such account(s). You understand that this Authorization is subject to applicable law and network rules. Each payment will be processed in U.S. dollars, and, if it is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.
Each SJ 2-Pay order constitutes a separate SJ 2-Pay.
No Broker: You agree and represent that no person has performed any act as a broker in connection with the making of this payment agreement.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
S&J Engines, Inc. shall not lay claim to ownership of any content submitted by any visitor , member or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for S&J Engines, Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
Those areas which may be deemed "publicly accessible" areas of S&J Engines, Inc.'s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available toboth visitorsand members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
S&J Engines, Inc. provides an area for our usersand members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
All users and/or members herein agree to insure and hold S&J Engines, Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless ornot liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content amember or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of SJE Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
Themember or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to SJE's sites.
You herein acknowledge that S&J Engines, Inc. may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by S&J Engines, Inc., nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on S&J Engines, Inc.'s servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that S&J Engines, Inc. has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, S&J Engines, Inc. shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
S&J Engines, Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that S&J Engines, Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either S&J Engines, Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that S&J Engines, Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that S&J Engines, Inc.'s Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by S&J Engines, Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on S&J Engines, Inc. Services (e.g. Content or Software), in whole or part.
S&J Engines, Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by S&J Engines, Inc. for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT S&J ENGINES, INC. AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.
S&J Engines, Inc. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the S&J Engines, Inc. trademarks, copyright, trade name, service marks, and other S&J Engines, Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of S&J Engines, Inc.. You herein agree not to display and/or use in any manner the S&J Engines, Inc. logo or marks.
S&J Engines, Inc. will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, S&J Engines, Inc. may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The S&J Engines, Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
S&J Engines, Inc.
Attn: Copyright Agent
817 North Lincoln Street
Spokane, Washington 99201-2124
This TOS constitutes the entire agreement between you and S&J Engines, Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to S&J Engines, Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other S&J Engines, Inc. Services, affiliate Services, third-party content or third-party software.
It is at the mutual agreement of both you and S&J Engines, Inc. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Washington without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and S&J Engines, Inc., shall be filed within the courts having jurisdiction within the County of Spokane County, Washington or the U.S. District Court located in said state. You and S&J Engines, Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should S&J Engines, Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 7 year(s) after said claim or cause of action arose or shall be forever barred.
You specifically agree to receive and/or obtain any and all "Electronic Communications" (defined below) via S&J Engines, Inc. website application and/or emails. The term "Electronic Communications" includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with S&J Engines, Inc. You acknowledge that, for your records, you are able to use the S&J Engines, Inc. website application to retain Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to using your E-Signature. You accept Electronic Communications provided via S&J Engines, Inc. as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
You may request a paper version of an Electronic Communication. You acknowledge that S&J Engines, Inc. reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications. To request a paper copy of an Electronic Communication contact us at (509) 838-3625
You have the right to withdraw your consent to receive/obtain communications via the S&J Engines, Inc. website application at any time. You acknowledge that S&J Engines, Inc. reserves the right to restrict or terminate your access to the S&J Engines, Inc. website application if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact us at (509) 838-3625.
Your current valid email address is required in order for you to obtain S&J Engines, Inc. website application services. You agree to keep S&J Engines, Inc. informed of any changes in your email address. You may modify your email address by submitting a written request to S&J Engines, Inc., visit our location or submit a secure message thru traditional mailing services. S&J Engines, Inc. may notify you through email when an Electronic Communication or updated agreement pertaining to your commercial relationship is available. S&J Engines, Inc. may also use S&J Engines, Inc. website application for Electronic Communications. It is your responsibility to use S&J Engines, Inc. website application regularly to check for Electronic Communications and to check for updates to this Agreement.
You are responsible for installation, maintenance, and operation of your computer, browser and software. S&J Engines, Inc. is not responsible for errors or failures from any malfunction of your computer, browser or software. S&J Engines, Inc. is also not responsible for computer viruses or related problems associated with use of an online system.
It is recommended that you print a copy of this Agreement for future reference.
Please report any and all violations of this TOS to S&J Engines, Inc. as follows:
S&J Engines, Inc.
Attn: Copyright Agent
817 North Lincoln Street
Spokane, Washington 99201-2124