COPYRIGHT & TRADEMARK NOTICE
Except as otherwise indicated, this Site and its entire contents (including, but not limited to, the text, information, software, graphics, images, sound, animation and any other content) are owned by or licensed to us and are protected by domestic and international copyright, trademark and other intellectual property laws. All other trademarks not owned by [Dealer] or its affiliates that appear on the Site are the property of their respective owners.
LICENSE AND ACCESS
Dealer grants you a nonexclusive, nontransferable, limited, and revocable license to access and make personal, non-commercial use of this Site to view vehicle aftermarket accessory products and installation services offered for sale and to place orders for such products and services. This Site or any portion of this Site may not be copied, reproduced, downloaded (other than page caching), displayed or performed publicly, distributed or otherwise exploited for any purpose. This license may not be transferred to any other person other than the purchaser of the vehicle from Dealer. Any unauthorized use terminates all permissions and/or licenses granted by Dealer.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You consent to receive electronic communications from Dealer or its service provider electronically and waive your right to receive notice in paper from. Notices may be transmitted to or from the e-mail address associated with your account or posted on the Site. You may withdraw this consent at any time by giving notice to Dealer. Your withdrawal will be effective 30 days after receipt of notice. You acknowledge and agree that any communication via e-mail or by posting on this Site satisfies any legal requirement that such communications be made in writing. Dealer’s notice for electronic communication may be posted on Dealer’s website or sent to you electronically.
RISK OF LOSS
All products purchased via the Site 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.
PRODUCT AND SERVICE DESCRIPTIONS
Dealer attempts to be as accurate as possible in describing the products and services available on the Site. Dealer, however, does not warrant that such descriptions or any other content on the Site is accurate, complete, reliable, current, or error-free. If a product or service offered by Dealer is not as described, your sole remedy is to return such product unused for a refund or to seek a refund of such service in accordance with specific terms, if any, specified with such product or service.
PRODUCT AND SERVICE AVAILABILITY
Products and services are subject to availability and scheduling, and Dealer also has the right to substitute comparable items for any ordered items that are out of stock or otherwise unavailable.
LINKS TO OTHER SITES
This Site may contain hyperlinks to other Sites. Inclusion of these hyperlinks does not necessarily indicate our affiliation with the hyperlinked entity or an endorsement of the information available at those Sites, and we are not responsible for any third-party content accessible through this Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYTHIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEALER AND AOA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR OFFERED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OF ALL PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEALER AND AOA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DEALER & AOA DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEALER AND AOA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that the laws of Dealer’s principal place of business exclusive of its rules governing choice of law and conflict of laws, will govern these Terms and any dispute of any sort that might arise between or among you and Dealer, or their affiliates, and you hereby submit to the personal jurisdiction and venue of the courts therein.
You acknowledge and agree that any dispute relating in any way to your use of the Site or to products or services you purchase through the Site may be submitted by Dealer to binding arbitration in a location where Dealer does business, or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In addition, to the extent Dealer reasonably believes you have in any manner violated or threatened to violate any of Dealer’s intellectual property rights, Dealer may seek injunctive or other appropriate relief in any applicable state or federal court, and you consent to jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, you may not join any arbitration under these Terms to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Dealer will be liable for any failure or delay in performance of its obligations hereunder by reason of any event or circumstance beyond its reasonable control (“force majeure”), including without limitation acts of God, war, fire, flood, or shortage or failure of suppliers.