Terms of Use
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.
LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the Import Autopart.net Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving the Import autopart.net Site; (2) Import Autopart has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) Import Autopart is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on third party web sites or resources, or for your purchase of products from third party web sites whose products may also be offered through the Import Autopart.net Site.USER MATERIALSThe Import Autopart.net Site contains e-mail and other functions for you to provide files, data, media, orders, product inquiries, graphics, text or other information to Import Autopart (User Materials). You hereby grant (or warrant that the owner of rights to the content or information has expressly granted) Import Autopart the world-wide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display User Materials (in whole or in part) and to incorporate them in other works in any form, media, or technology now known or later developed on the Import Autopart.net Site. User Materials do not include your Customer Information, which is handled in accordance with the IMPORT AUTOPART Privacy Policy. You agree not to provide IMPORT AUTOPART with any User Materials that are confidential. You understand that the technical processing and transmission of information on the Import Autopart.net Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In the event that you make accessible communications or other materials that infringe the copyrights of a third party, Import Autopart will terminate your access to the Import Autopart.net Site in accordance with Import Autopart’s Copyright Policy as set forth below.PERSONALLY IDENTIFIABLE INFORMATIONFor detailed information regarding Import Autopart’s use of your Customer Information and any other personally identifiable information you may submit, please read our Privacy page.
IDEA SUBMISSION POLICY
Import Autopart will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when Import Autopart products or services (collectively, Import Autopart products) might seem similar to ideas submitted to Import Autopart. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Import Autopart or anyone at Import Autopart. If, despite this request, you still send us your ideas and materials, please understand that Import Autopart will not treat your ideas or materials as confidential or proprietary.TERMINATIONImport Autopart may terminate this Agreement at any time with or without cause. You agree that Import Autopart, in its sole discretion, may terminate your access to all or a portion of the Import Autopart.net Site, cancel any orders you have placed for products or services via the E-Store, and remove and discard any User Materials or Customer Information within the Import Autopart.net Site, for any reason, including, without limitation, lack of use, or if Import Autopart believes that you have violated this Agreement. You agree that any termination of your access to the Import Autopart.net Site may be affected without prior notice and acknowledge and agree that Import Autopart may delete your account information in accordance with the Import Autopart Privacy Policy and/or prevent any further access to the Import Autopart.net Site. Further, you agree that Import Autopart will not be liable to you or any third party as a result of Import Autopart’s termination of your access to the Import Autopart.net Site. Should you object to any provision of this Agreement or any subsequent modifications to it or become dissatisfied with the Import Autopart.net Site in any way, your only recourse is to cancel your account by sending a request for cancellation to Import Autopart. Upon confirmation of your request, your account will be cancelled, and all your User Materials and Customer Information will be deleted in accordance with the Import Autopart Privacy Policy.
ACCEPTABLE USE
In consideration of your use of the Import Autopart.net Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify Import Autopart of any unauthorized use of your account or any other breach of security of which you are aware.You agree that you will use the Import Autopart.net Site in a manner that complies with all applicable, international, federal, state, and local laws, and, subject to Import Autopart’s obligations under its Privacy Policy, you acknowledge that you are solely responsible for any User Materials that you upload, download, transmit or otherwise process using the Import Autopat.net Site.You agree not to:(a) upload, download or transmit via the Import Autopart.net Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortuous, invasive of another’s privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, “spam,” chain-letters, or other such solicitation;(b) use the Import Autopart.net Site to publicly broadcast, transmit, or display User Materials for “pay-per-download” or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Import Autopart.net Site or any Internet host;(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;(d) disrupt or interfere with the security of, or otherwise abuse, the Import Autopart.net Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Import Autopart.net Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the Import Autopart.net Site or products made available on the Import Autopart.net Site;(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;(f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to the Import Autopart.net Site or exploit for any commercial purposes any use of the Import Autopart.net Site;(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the Import Autopart.net Site, or bypass the Import Autopart.net Site and directly access any individual components of or products that are included in the Import Autopart.net Site; or(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the Import Autopart.net Site or in Import Autopart Content printed or downloaded through the Import Autopart.net Site, or contained in or included with products or services received through the Import Autopart.net Site.
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.
[wpgdprTandC]
E-Mail: alexvl@aol.com
Phone: 508-831-0306
Mail: 344 Chandler Street, Worcester, MA 01602