Acceptance of Terms
This website, located at http://www.carquestofcolton.com ("Website"), is owned and operated by CARQUEST Auto Parts of Colton (hereinafter "CARQUEST Auto Parts", "we" or "us"). CARQUEST Auto Parts sells and distributes auto parts and products for its clients and allows visitors to sign up to receive periodic updates. The Website contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations of vehicle parts, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Website (collectively with all information and material about CARQUEST Auto Parts and its Products and Services, "Content"). The Website is intended for use only by users who are at least 18 years of age.
Purchasing Products and Services Online
If you purchase any products, including auto parts, or services that CARQUEST Auto Parts offers (collectively, "Products and Services"), you agree to allow CARQUEST Auto Parts, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Products and Services as they become due plus all related taxes, and to reimburse us, our payment affiliates and CARQUEST Auto Parts' providers for all collection costs and interest for any overdue amounts. All fees and charges are subject to CARQUEST Auto Parts' refund policy, which is available upon request. Please note that some Products and Services may not be available in all jurisdictions. Online prices and selection may vary from those in CARQUEST Auto Parts stores. Prices and offers are subject to change, and CARQUEST Auto Parts stores are not required to honor online pricing for in-store sales.
Limited License and Website Access; All Rights Reserved
CARQUEST Auto Parts hereby grants you a limited, non-exclusive and revocable license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CARQUEST Auto Parts. This license does not include any resale or commercial use of this Website or the Content; any collection and use of any pages; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CARQUEST Auto Parts. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CARQUEST Auto Parts without CARQUEST Auto Parts's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of CARQUEST Auto Parts' or any third party's name(s) or service marks without the express written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content, features and services offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by CARQUEST Auto Parts.
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of CARQUEST Auto Parts, its users or its third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of CARQUEST Auto Parts and is protected by U.S. and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of CARQUEST Auto Parts or any applicable third party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by CARQUEST Auto Parts. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. CARQUEST Auto Parts does not warrant or represent that your use of Content or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Certain trademarks, including "CARQUEST®", are the service marks and trademarks of CARQUEST Auto Parts or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of CARQUEST Auto Parts. All other trademarks, service marks, trade dress, names of Products and Services, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of their owners.
Ownership of information submitted via this Website
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and CARQUEST Auto Parts reserves the right to change the access configuration of this Website at any time without prior notice.
Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Website, or (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, or (v) to access systems, data or information not intended by CARQUEST Auto Parts to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by CARQUEST Auto Parts, or (vii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
(a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
(b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any CARQUEST Auto Parts representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
(e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(f) Use the Website's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
(h) Violate any applicable local, state, national or international law;
(i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
(j) Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it;
(k) Manipulate or otherwise display the Website by using framing, creating deep-links to the Website by by-passing the Website's home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, http://www.carquestofcolton.com, in accordance with the Limited License and Site Access outlined above;
(l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so;
(n) Harvest or otherwise collect information about others, including e-mail addresses;
(o) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website; or
(p) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Right to Monitor
No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by users or third party content providers, CARQUEST Auto Parts has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Website are those of such users or third party suppliers. CARQUEST Auto Parts does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with CARQUEST Auto Parts.
Links to Third Party Websites
Applicability of Other Terms
In addition to this Agreement, additional or different terms and conditions ("Other Terms") apply in connection with certain types of available features, Content, or the purchase of Products and Services from CARQUEST Auto Parts, its subsidiaries or its affiliates. If applicable, these Other Terms will be set forth (i) where you are permitted to access such available features and Content, or purchase Products and Services or (ii) in a link adjacent to where you are permitted to access such available features, Content, or purchase Products and Services. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement conflicts with the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
Reservation of Rights
CARQUEST Auto Parts reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Site, (iii) to remove any animated work or any other Content from the Site, (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Site or any subscription to the Site, in whole or in part, including, but not limited to, as CARQUEST Auto Parts deems necessary for purposes of maintenance, upgrades and the like, to maintain the Site or to comply with applicable law. CARQUEST Auto Parts shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Site or subscriptions to the Site and shall have no obligation to refund any fees paid pursuant to this Agreement.
Limited Warranty and Warranty Disclaimer
Content and other information contained on this Website has been prepared by CARQUEST Auto Parts as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. CARQUEST Auto Parts has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by CARQUEST Auto Parts. Users relying on Content or other information from this Website do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to purchases of Products and Services, but are provided solely for general informational purposes. Should you purchase auto parts, or any other product or service from CARQUEST Auto Parts or purchase products or services from a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of this Website does not affect that purchase in any manner.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND CARQUEST AUTO PARTS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY. CARQUEST AUTO PARTS MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CARQUEST AUTO PARTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, ARISING FROM OR RELATING TO YOUR USE OR THE INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, EVEN IF CARQUEST AUTO PARTS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CARQUEST AUTO PARTS' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE PURCHASE PRICE OR FEES PAID BY YOU TO CARQUEST AUTO PARTS, ITS SUBSIDIARIES OR ITS AFFILIATES FOR THE PRODUCTS AND SERVICES.
Warranty Disclaimer and/or Limitation of Liability May Not Apply
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
Neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Governing Law; Jurisdiction; Venue; Severability of Provisions
Password Accounts, Passwords, and Security
If you have been given the option to open an account on this Website that will provide you with access to password protected portions of the Website and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, which includes: (i) your name, (ii) your business name and mailing address, (iii) CARQUEST Auto Parts store affiliation, address and phone number, (iv) primary administrator information for the account, and, if you are not a TECH-NET Professional Auto Service member, (v) billing and related information, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify CARQUEST of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. CARQUEST Auto Parts will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CARQUEST Auto Parts or another party due to someone else using your account or password. You may not use anyone else's account at any time.
No Agency Relationship
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