Brake Parts Inc
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TERMS OF USE

Last Updated: September 30, 2019

 

Welcome to our web site  (“Site”). BPI EC, LLC (the “Company,” “we,” or “us,” or “our”) maintains this Site  for general promotional, public information, product sales, services and other purposes. The following Terms of Use (the “Terms”), together with any documents incorporated herein by reference, apply to your use of this Site. Please read them carefully.  By using this Site, you are agreeing to be bound by these Terms. You may not use this Site if you do not agree to these Terms. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes.  Users should periodically check these Terms for changes.

We have the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. We can restrict access to any or all portions of the site or remove any information or content from the site at any time. We reserve the right to monitor use of the site.

You are solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.

 

1.       Intellectual Property

The Content provided on this Site is copyrighted by the Company or our third party licensors and is protected from copying, reproduction, modification, distribution, display, performance or transmittal for any purpose under United States and international copyright laws. As used in these Terms, “Content” refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and any other information provided by us on or through this Site, including user interfaces and the selection, coordination and arrangement of such information.

The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to us or our third party licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws.

Any third party marks and Content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner. You may not remove any copyright or other proprietary notices (including visible or invisible watermarks) from any Content or from this Site.

This Site uses   under license. DataOne Software is an automotive data source providing data to solution and service providers in North America across many sectors including automotive marketing, transportation, and risk management.

 

 2.       Incorporated Terms and User Accounts

n addition to these Terms, the Company’s Privacy Policy and Acceptable Use Policy are hereby incorporated herein by this reference.  You acknowledge that you have read the Privacy Policy and Acceptable Use Policy, and agree to comply with the terms contained therein.

Subject to your compliance with the Terms, you are permitted to electronically copy Content published on this Site and to make prints solely for personal information and use; any commercial use of the Content is strictly prohibited.  Authorized Company distributors and installers may also be permitted to electronically copy Content and to make prints thereof for the benefit and use by their customers and potential customers.  Incorporating Content into third party websites, catalogs or publications without our prior written permission is prohibited.

You may need your own account to use certain portions of the Site, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site to purchase items only with involvement of a parent or guardian.

 

3.       Electronic Communications

When you use the Site, or send e-mails, text messages, and other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We welcome questions, comments and other feedback about this Site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you. We also reserve the right not to review or respond to any such correspondence, within our sole discretion.

 

4.       Product Terms and Conditions

With respect to product descriptions on the Site, we attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content we provide is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition. All purchases of items from the Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We do not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. The limited product warranties for each product are found at www.raybestosperformance.com and shall be the sole warranties provided by the Company related to the products sold.

 

5.       Disclaimer of Warranties

Although we have attempted to provide accurate information on the Site, we make no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Access to this Site from locations where the Content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices.

your use of and access to the site and the content is at your sole risk.  The content and this website are provided on an “as is” and “as available” basis.  we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranties that the site, or any content on the site, is not infringing; that access to the content or site will be uninterrupted or error-free; that the site or content will be secure; that the site or the content or the server that makes the site available will be virus-free; or that the content on the site will be complete, correct, accurate, adequate, useful, timely or otherwise reliable. If you download any content from the site, you do so at YOUR own risk.  You will be solely responsible for any damage to your computer systems or losses of data that result from the download of any such content.  No advice or information, whether oral or written, obtained by you from us or through or from the site shall create any warranty of any kind.  We do not make any warranties or representations regarding the use of the site, including the content on the site, in terms of its completeness, correctness, accuracy, adequacy, usefulness, timeliness, and reliability or otherwise.

Company MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION and content PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, THE COMPANY DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

 

6.       Links From this Site

This Site may contain links to other websites.  If you decide to access these third-party websites, you do so at your own risk.  These third-party websites contain information created, published, maintained, or otherwise posted by organizations independent of the Company.  We do not endorse, approve, certify, maintain, or control these third-party websites and do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such third-party websites.  We provide the links only as a convenience.  We have not reviewed all of the sites which are linked to the Site.  We are not responsible for assuring that  third-party websites are free from computer viruses, worms, Trojan horses or other destructive devices.  We may discontinue our hyperlinks to any third-party websites at any time without notice or obligation to you.  Use of any information obtained from such third-party websites is at your own risk, and reliance on such information should be undertaken only after an independent review of its accuracy, completeness, efficacy, and timeliness.  Neither the inclusion of a link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by the Company.

 

7.       Links To this Site

There may be circumstances where access to this Site is provided by a hypertext link located at a third-party website.  We have no responsibility for the content of such third-party websites, we do not make any representations or give any warranties or conditions with respect to any information contained in or at these third-party websites and we shall not be liable for any damages or injuries arising from the content of or access to these third-party websites.  We do not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site.

If you wish to provide a hyperlink from your website to this Site, you may do so only under the following conditions: (i) any link to our Site must be a text-only link and clearly marked “Raybestos Performance”; (ii) the link must “point” to the URL www.raybestosperformance.com, and not to other pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a “frame” on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your website to ours, you are agreeing to be bound by these terms.

 

8.       Changes to this Site

We may change or discontinue this Site, or change any Content, at any time without prior notice or obligation to you.

 

9.       Limitation of Liability

In no event shall Company or any of our officers, directors, employees, agents, affiliates or third-party content providers be liable, directly or indirectly, under any theory of law, to you or anyone else, for any claims, losses or damages, direct, indirect, exemplary, special, incidental, punitive or consequential, including, but not limited to, business interruption, loss of information or data, loss of profits, resulting from or occasioned by your use of or reliance upon this site or the content, regardless of the nature or cause of any such damages or losses and whether or not a claim thereof is based in contract, tort, negligence or otherwise.

 

10.      Indemnification

You agree to indemnify, defend and hold harmless the Company, and its directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees and court costs), made by any third party due to, arising or resulting from any violation of these Terms or any activity related to use of the Site (including but not limited to negligent or wrongful conduct), by you, any authorized user, unauthorized user or any other person accessing the Site using your Internet account or password (if applicable).  If you cause a technical disruption of the Site or the systems transmitting the Site, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

 

11.      Violations and Permitted Disclosures

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights.

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site. We reserve the right at all times to disclose any information that we deems necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law, or we determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any data violates the rights of others, or (4) protect the rights, property or personal safety of us, its employees, users of or visitors to the site, and the public.

 

12.      Termination

Either you or we may terminate these Terms at its discretion. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 1, 2, 5, 9, 10, 11, 13, and 14 shall survive.

 

13.      Governing Law and Venue

These Terms, and your use of the Site or Content, will be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and your use of the Site or Content will be an appropriate state or federal court located in McHenry County, Illinois, and if no federal court exists in McHenry County Illinois, the closest federal court to McHenry County, Illinois. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. 

 

14.      Miscellaneous

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between us and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between us and you dealing with the subject matter hereof is superseded. If any portion of these Terms is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of this Agreement, we may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Our remedies are cumulative and not exclusive. You agree that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

15.      Questions

If you have any questions about the Terms of Use or this Site, please contact us at info@brakepartsinc.com.