Unless the context indicates otherwise, as used in these Terms, (i) "Brake Parts Inc," "us," "we," and "our" refer to Brake Parts Inc affiliates and (ii) "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 Web Site, including user interfaces and the selection, coordination and arrangement of such information.
The content provided on this Web Site is copyrighted by Brake Parts Inc 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.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Brake Parts Inc or our third party licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws.
Permitted and Prohibited Uses
Subject to the terms of this agreement, individuals are permitted to electronically copy Content published on this Web Site and to make prints solely for their personal information and use. Subject to the terms of this agreement, Brake Parts Inc dealers are permitted to electronically copy material published on this Web Site and to make prints thereof for the benefit and use by their customers and potential customers. Incorporating Content into other Web Sites, catalogs or publications without Brake Parts Inc prior written permission is prohibited.
You may not remove any copyright or other proprietary notices (including visible or invisible watermarks) from any Content or from this Web Site. Using bots, spiders and other indexing agents to “crawl,” retrieve or copy all or any part of this Web Site is prohibited. Without Brake Parts Inc prior written permission, you may not mirror or archive any Content on any server or computer, or retransmit any Content from this Web Site, or any modified versions thereof.
You may not (i) decompile, disassemble or reverse engineer this Web Site or otherwise attempt to determine the source code or trade secrets of the Site (ii) violate or attempt to violate the security of the Site or (iii) otherwise disrupt or interfere with the operation of the Site.
You agree that you are authorized to view this Web Site, including any Content herein. To the extent you have accessed a private or password-protected portion of this Site, you agree that you have been granted permission by Brake Parts Inc to access such portion and that you agree to the Web Site Use Agreement.
Disclaimer of Warranties
We make no guarantees or warranties of any kind, express or implied, regarding the Content or operation of the Site. You access and use this Site at your own risk. The Content is provided "AS IS" and we are not responsible for its use or misuse. 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.
Without limiting the generality of the foregoing, 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 no 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 its 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.
Links From this Web Site
This Site may contain links to other Web sites. If you decide to access these third-party Web sites, you do so at your own risk. These third-party Web sites contain information created, published, maintained, or otherwise posted by organizations independent of Brake Parts Inc. We do not endorse, approve, certify, maintain, or control these third-party Web sites and do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such third-party Web sites. 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 Web sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third-party Web sites at any time without notice or obligation to you. Use of any information obtained from such third-party Web sites 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 Brake Parts Inc.
Links to this Web Site
There may be circumstances where access to this Site is provided by a hypertext link located at a third-party Web site. We have no responsibility for the content of such third-party Web sites, we do not make any representations or give any warranties or conditions with respect to any information contained in or at these third-party Web sites and we shall not be liable for any damages or injuries arising from the content of or access to these third-party Web sites. 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 Web site to this Web 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 "Brake Parts Inc"; (ii) the link must "point" to the URL http://www.napabrakes.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 Web site to ours, you are agreeing to be bound by these terms.
Questions and Comments
We welcome questions, comments and other feedback about this Web 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.
Changes to this Site or these Terms
We may change or discontinue this Web Site, or change any Content, at any time without prior notice or obligation to you. 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.
Limitation of Liability
in no event shall Brake Parts Inc 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.
You agree to indemnify, defend and hold harmless Brake Parts Inc, 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 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.
Governing Law and Venue
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 Web 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. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from your violation of these Terms or your use of this Site. If any provision or portion of this Agreement is or becomes invalid under any applicable law, regulation, judgment or order, it will be deemed to be reformed to most nearly effectuating the intent of the parties as reflected herein and as enforceable under applicable law, and the rest of this Agreement will remain in full force and effect.
Information Collection and Use
Brake Parts Inc is the sole owner of the information collected on our Site. Brake Parts Inc collects information at several different points on our Site.
Information may be collected for the purpose of allowing access to the Site, portions of which may be restricted to authorized users. A user may be requested to provide the user's name, user’s e-mail address, user's login information, user's employer, organizational department in which user is employed, user's job title, user's business contact information, business or organization name and contact information for the business or organization. We may anonymously track click stream information (for example, internet protocol address, internet service provider, platform type, date/time stamp, operating system, etc.), http protocol information (for example, last URL requested, browser type, etc.), online contact information (for example, email address, etc.), state management mechanisms (for example, data allowing a user to be tracked consistently), search terms (for example, search text, etc.) and transactional information (for example, account transactions, etc.).
We encourage users to provide optional information, as applicable, so we can provide a more personalized experience on our Site. Information may be used to complete the current transaction, contact users by email, enhance our Site and product offerings, maintain and secure our Site, understand aggregated interests of users and understand your interests. We may retain all information for an indeterminate period of time.
Brake Parts Inc uses web site data to create profiles of our users. A profile is stored information that we may retain on individual users that details users’ viewing preferences. Consequently, collected information is tied to the user's personally identifiable information so as to assist us in providing offers and improving the content of the Site for the user. Profiles may be used to direct pertinent marketing promotions to users.
Communications from the Site
When customers provide us with contact information, we may use such information to contact the user and deliver sales and product information that may be useful to the user.
In general, we do not provide personal information about our customers to non-affiliated third parties for their own use (for example, we do not sell email lists). We may provide information about your use of the Site to your company or organization, in the event that your company or organization is a Brake Parts Inc customer.
We may share any information with governmental agencies or other authorities when compelled to do so by subpoena or court order. We may also share information in connection with fraud prevention or investigation, or when otherwise permitted or required by law.
We may use third party service providers, such as web site contractors and fulfillment companies. Such third parties may have access to some or all of the collected information and may utilize cookies or other technologies on our behalf. Such third parties may be contractually restricted from using your information in any manner other than in helping us to provide you with the products and services available from Brake Parts Inc.
As we continue to develop our business, we may sell certain portions of our assets. In such transactions, collected or customer information (including personal information) may constitute a part of the transferred business assets.
Brake Parts Inc takes reasonable steps to provide physical, technical and administrative security in our facilities to protect against the loss, misuse, or alteration of personal information.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user wishes to correct or update information or no longer desires our services, such user may notify us of requested changes by contacting us as described in the Contact Information section below.
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