INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the IMPORT AUTOPART Site and the text, software, music, sound, photographs, video, graphics, domain names, URL’s, advertisements, commercially produced information, and other materials contained on the IMPORT AUTOPART Site (IMPORT AUTOPART Content), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of IMPORT AUTOPART or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, IMPORT AUTOPART does not grant to you any express or implied rights to Import Autopart’s or any third party’s Intellectual Property. The Import Autopart.net Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.USE OF IMPORT AUTOPART CONTENTYou understand and agree that you are permitted to use IMPORT AUTOPART Content only as expressly authorized by IMPORT AUTOPART or its third party licensors, as applicable. You may download, view, copy and print IMPORT AUTOPART Content, subject to the following: (a) the IMPORT AUTOPART Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the IMPORT AUTOPART Content may not be modified or altered in any way.TRADEMARKSAll IMPORT AUTOPART graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of IMPORT AUTOPART. IMPORT AUTOPART’S trademarks and trade dress may not be used in connection with any product or service that is not IMPORT AUTOPART’S, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IMPORT AUTOPART. All other trademarks not owned by IMPORT AUTOPART that appear on the IMPORT AUTOPART.NET Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IMPORT AUTOPART.
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NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE IMPORT AUTOPART END USER LICENSE AGREEMENT, THE IMPORT AUTOPART SOFTWARE AND PRODUCTS OFFERED THROUGH THE IMPORT AUTOPART WEBSITE UNDER THIS AGREEMENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. IMPORT AUTOPART DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. IMPORT AUTOPART AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE IMPORT AUTOPART WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. IMPORT AUTOPART AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE SERVIVE OBTAINED FROM IMPORT AUTOPART OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY IMPORT AUTOPART CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE IMPORT AUTOPART IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE IMPORT AUTOPART SITE ARE GOVERNED SOLELY BY THE THIRD PARTY’S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND IMPORT AUTOPART HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY LAW,
IN NO EVENT WILL IMPORT AUTOPART, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE IMPORT AUTOPART SITE , THE PRODUCTS OFFERED THROUGH THE IMPORT AUTOPART WEBSITE, INCLUDING WITHOUT LIMITATION THE IMPORT AUTOPART PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF IMPORT AUTOPART WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. IMPORT AUTOPART CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE IMPORT AUTOPART WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF IMPORT AUTOPART FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.INDEMNITY
You agree to indemnify and hold Import Autopart and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Import Autopart site, and User Materials you submit, transmit, store, upload or download through the Import Autopart.net Site, any product received by you through the Import Autopart.net Site, or any violation of this Agreement or the rights of others.
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