Terms and Conditions
INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the Wholesale Auto Parts Site and the text, software, music, sound, photographs, video, graphics, domain names, URL's, advertisements, commercially produced information, and other materials contained on the Wholesale Auto PartsSoft.com Site (Wholesale Auto Parts 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 Wholesale Auto Parts (Wholesale Auto Parts) 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, Wholesale Auto Parts does not grant to you any express or implied rights to Wholesale Auto Parts's or any third party's Intellectual Property. The Wholesale Auto Parts 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 Wholesale Auto Parts CONTENT
You understand and agree that you are permitted to use Wholesale Auto Parts Content only as expressly authorized by Wholesale Auto Parts or its third party licensors, as applicable. You may download, view, copy and print Wholesale Auto Parts Content, subject to the following: (a) the Wholesale Auto Parts Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the Wholesale Auto Parts Content may not be modified or altered in any way.
All Wholesale Auto Parts graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of Wholesale Auto Parts. Wholesale Auto Parts's trademarks and trade dress may not be used in connection with any product or service that is not Wholesale Auto Parts's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wholesale Auto Parts. All other trademarks not owned by Wholesale Auto Parts that appear on the Wholesale Auto PartsSoft.com Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wholesale Auto Parts
LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the Wholesale Auto PartsSoft.com 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 Wholesale Auto PartsSoft.com Site; (2) Wholesale Auto Parts 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) Wholesale Auto Parts 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 Wholesale Auto PartsSoft.com Site.
PERSONALLY IDENTIFIABLE INFORMATION
IDEA SUBMISSION POLICY
Wholesale Auto Parts 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 Wholesale Auto Parts products or services (collectively, Wholesale Auto Parts Products) might seem similar to ideas submitted to Wholesale Auto Parts. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Wholesale Auto Parts or anyone at Wholesale Auto Parts. If, despite this request, you still send us your ideas and materials, please understand that Wholesale Auto Parts will not treat your ideas or materials as confidential or proprietary.
In consideration of your use of the Wholesale Auto PartsSoft.com 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 Wholesale Auto Parts of any unauthorized use of your account or any other breach of security of which you are aware.
You agree not to:
(a) upload, download or transmit via the Wholesale Auto PartsSoft.com 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 Wholesale Auto PartsSoft.com 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 Wholesale Auto PartsSoft.com 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 Wholesale Auto PartsSoft.com Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Wholesale Auto PartsSoft.com Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the Wholesale Auto PartsSoft.com Site or products made available on the Wholesale Auto PartsSoft.com 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 Wholesale Auto PartsSoft.com Site or exploit for any commercial purposes any use of the Wholesale Auto PartsSoft.com Site;
(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the Wholesale Auto PartsSoft.com Site, or bypass the Wholesale Auto PartsSoft.com Site and directly access any individual components of or products that are included in the Wholesale Auto PartsSoft.com Site; or
(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the Wholesale Auto PartsSoft.com Site or in Wholesale Auto Parts Content printed or downloaded through the Wholesale Auto PartsSoft.com Site, or contained in or included with products or services received through the Wholesale Auto PartsSoft.com Site.
NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE Wholesale Auto Parts END USER LICENSE AGREEMENT, THE Wholesale Auto Parts AND PRODUCTS OFFERED THROUGH THE Wholesale Auto PartsSOFT 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. Wholesale Auto Parts DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. Wholesale Auto Parts AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE Wholesale Auto Parts WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. Wholesale Auto Parts 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 Wholesale Auto Parts OBTAINED FROM Wholesale Auto Parts OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY Wholesale Auto Parts CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE Wholesale Auto Parts 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 Wholesale Auto PartsSoft.com Site ARE GOVERNED SOLELY BY THE THIRD PARTY'S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND Wholesale Auto Parts 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 LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Wholesale Auto Parts, 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 Wholesale Auto Parts, THE PRODUCTS OFFERED THROUGH THE Wholesale Auto Parts WEBSITE, INCLUDING WITHOUT LIMITATION THE Wholesale Auto Parts 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 Wholesale Auto Parts 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. Wholesale Auto Parts CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Wholesale Auto Parts 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 Wholesale Auto Parts FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify and hold Wholesale Auto Parts 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 Wholesale Auto PartsSoft software, and User Materials you submit, transmit, store, upload or download through the Wholesale Auto PartsSoft.com Site, any product received by you through the Wholesale Auto PartsSoft.com Site, or any violation of this Agreement or the rights of others.
COPYRIGHT POLICY - NOTICE TO Wholesale Auto Parts REGARDING ALLEGED COPYRIGHT INFRINGEMENT
Wholesale Auto Parts respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) , Wholesale Auto Parts has designated an agent to receive notifications of alleged copyright infringement associated with the Wholesale Auto PartsSoft.com Site. Wholesale Auto Parts will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:
Copyright AgentE-Mail: privacy@Wholesale Auto Partssoft.com
US Mail: 757 SE 17th Street #1012
Fort Lauderdale, FL 33316
United States of America
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Wholesale Auto Parts reserves the right to terminate your use of the Wholesale Auto PartsSoft.com Site for any actual or alleged copyright infringement.
All notices to a party shall be in writing and shall be made via e-mail to support@Wholesale Auto Partssoft.com for notices to Wholesale Auto Parts, or to the e-mail address that you provide to Wholesale Auto Parts as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to Wholesale Auto Parts may be sent by regular mail, postage prepaid to Wholesale Auto Parts's address provided below. Wholesale Auto Parts may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.
Entire Agreement. This Agreement (and any additions or modifications to this Agreement mutually agreed to in writing by the parties), and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and Wholesale Auto Parts with respect to the Wholesale Auto PartsSoft.com Site and purchases made via the E-Store. While Wholesale Auto Parts reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Wholesale Auto Parts execute a separate written agreement.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.
Applicable Law. This agreement is subject to applicable United States federal laws and federal and state tariffs, if any, and the laws of the State of Florida, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Florida. The United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement.
Assignment. Wholesale Auto Parts may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of Wholesale Auto Parts. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.
Wholesale Auto Parts E-STORE
The following provisions specifically relate to the b2c portion of the Wholesale Auto PartsSoft.com Site. All other provisions of this Agreement apply to the b2c as well:
Your receipt of an electronic or other form of order confirmation does not constitute Wholesale Auto Parts's acceptance of your order for products or services offered through the Wholesale Auto PartsSoft.com Site, nor does it constitute confirmation of Wholesale Auto Parts's offer to sell you a particular product or service. Wholesale Auto Parts reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until Wholesale Auto Parts has accepted your order and prepared your order for shipment or for download. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through the Wholesale Auto PartsSoft.com Site are subject to change without prior notice. To the extent we provide information on the availability of Wholesale Auto Parts Products or products and services provided by third party vendors, suppliers, publishers, and manufacturers (collectively Third Party Products), we attempt to be as accurate as possible. However, Wholesale Auto Parts does not warrant that product descriptions, product availability or other information on the Wholesale Auto PartsSoft.com Site is accurate, complete, reliable, current, or error-free. Wholesale Auto Parts will not be liable for any lack of availability of Wholesale Auto Parts Products or Third Party Products you may order through the Wholesale Auto PartsSoft.com Site. If your purchase order or any other communication with Wholesale Auto Parts contains provisions inconsistent with this Agreement, this Agreement will prevail.
Information regarding shipping and handling, discounts, returns, and other customer services for all products offered through the Wholesale Auto PartsSoft.com Site will be as set forth in the "FAQ" section of the E-Store.
Receipts/Coupons/VIP And Academic Pricing
If you would like a receipt for any product or service ordered through the Wholesale Auto PartsSoft.com Site, you must: (1) send an e-mail to sales@Wholesale Auto Partssoft.com; and (2) enter your e-mail address and the date of purchase. You will then receive an e-mail from Wholesale Auto Parts with your receipt. To receive VIP discounts on products and services offered through the Wholesale Auto PartsSoft.com Site, enter your VIP code in the VIP input box on the Wholesale Auto PartsSoft.com Site, and press the VIP code button. Once you enter your code, all applicable prices offered through the Wholesale Auto PartsSoft.com Site will be changed to reflect your code discount. Academic pricing is available to customers who are in school or work for an educational institution.
The purchase area of the b2c is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted "digital envelope" and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of shopping with Wholesale Auto Parts, notify your credit card company in accordance with its reporting rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of $50. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, Wholesale Auto Parts will reimburse you for the maximum liability of $50. You can always order products or services by telephone or fax. Call us at 1-603-436-6868.
Wholesale Auto Parts offers through the b2c both Wholesale Auto Parts Products and Third Party Products. Certain Wholesale Auto Parts Products and Third Party Products may be subject to End User License Agreements in addition to this Agreement. In the event of a conflict between any provision of a Wholesale Auto Parts End User License Agreement and this Agreement, the provision of the Wholesale Auto Parts End User License Agreement will control as to the particular conflicting provision.
Wholesale Auto Parts Products: During the period within thirty (30) days after you download a Wholesale Auto Parts Product or within thirty (30) days after you receive a Wholesale Auto Parts Product if the product is shipped to you rather than downloaded (Warranty Period), Wholesale Auto Parts will, at Wholesale Auto Parts's sole option and without charge, replace the Wholesale Auto Parts Product if it fails to conform to the product's accompanying documentation in effect at the time of shipment or download, or refund the purchase price of the Wholesale Auto Parts Product, provided that Wholesale Auto Parts will not have any liability whatsoever for any damage to or defect in a Wholesale Auto Parts Product resulting directly or indirectly from your abuse or misuse of the product. For you to receive the benefit of this limited warranty, the following must occur: (1) you must notify Wholesale Auto Parts of your claim of an alleged defect or nonconformity within the Warranty Period; (2) you must return any Wholesale Auto Parts Product to Wholesale Auto Parts (if the product was shipped), or certify in writing to Wholesale Auto Parts that the product has been destroyed (if the product was downloaded); and (3) Wholesale Auto Parts must determine that the Wholesale Auto Parts Product is defective or nonconforming. If the Wholesale Auto Parts Product has been shipped to you and the package is unopened, you may return the Wholesale Auto Parts Product to Wholesale Auto Parts, at your expense, any time within the Warranty Period for a refund of the purchase price.
Technical Support for Wholesale Auto Parts Products: During the Warranty Period, Wholesale Auto Parts will provide technical support to you for Wholesale Auto Parts Products, without charge. If you wish to purchase a technical support package beyond the Warranty Period, you may do so through the E-Store, but the support will be governed by a separate Support Agreement.
Third Party Products: All Third Party Products ordered through the b2c are subject to the terms and conditions of the End User License Agreement between you and the third party vendor (Third Party) (if any), and any other Third Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and Wholesale Auto Parts will not be responsible for any Third Party Products, except that Wholesale Auto Parts will coordinate returns of Third Party Products to Third Parties in accordance with the customer service policies set forth in the FAQ.
Prices listed through the Wholesale Auto PartsSoft.com Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to Wholesale Auto Parts upon demand, any such tax, charge or assessment, unless you have furnished to Wholesale Auto Parts an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.
MODIFICATIONS TO AGREEMENT OR Wholesale Auto PartsSoft.com Site
Acknowledgment. You acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement..