User Agreement
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Use of this site constitutes your agreement to the terms and conditions of use set forth in this Agreement and in all documents and materials incorporated by reference here, including, but not limited to, our privacy policy. If you do not agree to our terms of use, please do not use the site.
PRIMEDIA AUTOMOTIVE GROUP SERVICES
Primedia Automotive Group offers featured articles and information of interest to car enthusiasts, and an aggregated comprehensive listing of vendors of car parts and accessories. Our role in offering this vendor listing service is limited to offering administrative services to facilitate your ability to buy and for listed vendors to sell car parts and accessories online.
Primedia Automotive Group does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third-parties that link to or from Primedia Automotive Group. We do not endorse any individual vendor or advertiser or any of their products or services, and have not taken any steps to confirm the accuracy or reliability of any of the information provided by them. As a service to both buyers and sellers, we will capture your order information, create an authorization with your merchant account (e.g., with your credit card company), and provide the order information to the participating vendor, along with the authorization from the merchant bank. Primedia Automotive Group does not design, make, sell, or ship any of these parts or accessories. Primedia Automotive Group has no control over the quality, safety or legality of any item advertised or listed. Quantities of some items may be limited. All orders are subject to prior sale. Neither Primedia Automotive Group nor its vendors guarantee that all orders will be filled.
ELIGIBILITY
You must be 16 or over to order anything. There may be additional restrictions depending on individual vendor policies.
PAYMENTS
At this time, all payments must be made via a credit card. You are solely responsible for charges owed for all goods and services purchased through this site, including applicable taxes, shipping charges, insurance, and any other costs.
VENDOR WARRANTIES, GUARANTEES AND RETURN POLICIES
Vendors and advertisers are solely responsible for warranties and guarantees on goods or services sold, and on return policies. Users should check individual policies before purchasing anything online.
NO AGENCY
Primedia Automotive Group is not acting for or on behalf of either you, our vendors, or our advertisers. You and our vendors and advertisers are independent contractors. No agency, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by this User Agreement between Primedia Automotive Group, PRIMEDIANET, INC., and their affiliates or subsidiaries, and either you or any vendor or advertiser at this site.
COPYRIGHT
Copyright to all featured articles, how-to manuals and all other content on the site is either owned by Primedia Automotive Group, PRIMEDIANET, INC., or their affiliates or subsidiaries, or are licensed to them. You agree that any information that you post on this site are copyrighted to you, or that you have a legitimate license to post the information, including photographs or other audiovisual material, without any restrictions whatsoever. You hereby assign Primedia Automotive Group, PRIMEDIANET, INC., and their affiliates or subsidiaries a perpetual, royalty-free license to publish, republish, display, modify, prepare derivative works and to otherwise use your postings in any media whatsoever now known or later invented throughout the universe, without any restrictions whatsoever.
No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other web site or networked computer environment is prohibited.
TRADEMARKS
All trademarks, trade names or service marks mentioned on this site are either owned by Primedia Automotive Group, PRIMEDIANET, INC., or their affiliates, or licensed or otherwise are authorized for our use. You are solely responsible for assuring that your use of or reference to any trademarks, trade names or service marks in community areas of our site comply with applicable legal requirements.
IDEA SUBMISSIONS
Any creative suggestions, ideas, drawings, concepts, designs, photographs, or other information that you submit to Primedia Automotive Group shall be deemed the property of Primedia Automotive Group. You acknowledge and agree that Primedia Automotive Group, PRIMEDIANET, INC., and their affiliates and subsidiaries are under no obligation of confidence to you, and shall not be liable for any use or disclosure of any such information or materials. Primedia Automotive Group and PRIMEDIANET, INC. shall exclusively own all known or hereafter existing rights to such information and shall be entitled to use, own, license or sublicense such information or materials, including, but not limited to, your name or picture, without any restrictions for any purpose, commercial or otherwise, whatsoever, without compensation to you.
PRIVACY
It is our policy to respect the privacy of visitors at our site. We only collect personally identifiable information when you voluntarily submit it. We do collect anonymous, aggregate demographic information, and share it with our vendors, advertisers and others. Our privacy policy is incorporated by reference into this User Agreement. Click here to review our privacy policy.
LIMITATION OF WARRANTY
Primedia Automotive Group AND PRIMEDIANET, INC. PROVIDE THIS WEB SITE AND THE INFORMATION AND SERVICES ON OR THROUGH IT “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. Primedia Automotive Group AND PRIMEDIANET, INC. SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states may not allow the exclusion of implied warranties, so check local laws. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
Primedia Automotive Group does not warrant that the services at the site or functions contained in the materials at the site will be uninterrupted or error-free, that defects will be corrected, that this site or the server that makes it available are free of viruses or other harmful components, that all products listed or advertised are available, or that all transactions will be completed. Neither Primedia Automotive Group, PRIMEDIANET, INC., nor any of their officers, directors, employees, representatives, agents, affiliates or subsidiaries warrant or make any representations that the materials or information contained at this site are correct, accurate, complete, and/or reliable.
IN NO EVENT SHALL Primedia Automotive Group, PRIMEDIANET, INC. OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE MATERIAL AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Some states do not allow the limitation of liability, so check local laws.
INDEMNITY AND HOLD HARMLESS
We are not responsible for the accuracy, quality, safety, legality, intellectual property compliance, privacy policy, or content of any information, product or service offered by our vendors, advertisers, promotional partners or any third-party sites, and you irrevocably waive any claim against Primedia Automotive Group, PRIMEDIANET, INC., their respective officers, directors, employees, representatives, agents, subsidiaries and affiliates with respect to the same. You assume the risk of their use and the entire cost of all necessary loss, servicing, repair or correction as a result of their use. User agrees to hold Primedia Automotive Group, PRIMEDIANET, INC., and their respective officers, directors, employees, representatives, agents, affiliates and subsidiaries harmless from any and all claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site, or the truth or accuracy of any claim made about such goods or services. California residents expressly agree to waive California Civil Code ‘1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
User also agrees to indemnify and hold Primedia Automotive Group, PRIMEDIANET, INC., and their respective officers, directors, employees, representatives, agents, affiliates and subsidiaries harmless from any loss, claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of this Agreement or the documents that it incorporates by reference, or your violation of any law or the rights of any third party in connection with your use of this site.
TERMINATION OF SERVICES
Without limiting any other remedy, Primedia Automotive Group reserves the right to immediately issue a warning to temporarily or permanently suspend or terminate your participation in the site, and to refuse to provide our services to you, if you breach this User Agreement or any of the rules or documents it incorporates by reference, if we are unable to verify or authenticate any billing information you provide to us, or if we believe that your actions may cause legal liability for you, our vendors or advertisers, our other visitors, or us.
NOTICES
Unless explicitly stated otherwise in the site, all notices or complaints shall be provided to Primedia Automotive Group via e-mail to [email protected]. All notices from Primedia Automotive Group to you will be sent to the e-mail address you provide to us. Notice shall be deemed given 24 hours after e-mail is sent, unless we are notified that the e-mail address is invalid. Primedia Automotive Group reserves the right to send you notice by certified mail, postage prepaid and return receipt requested, to the address you provided to us during the ordering or registration process. In such event, notice shall be deemed given 3 days after the date of mailing.
ARBITRATION
Any controversy or claim arising out of or relating to this User Agreement or to the services provided by Primedia Automotive Group shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration should be conducted in New York, New York, and judgment on the arbitration or word may be entered into any court having jurisdiction thereof.
JURISDICTION AND VENUE
Any dispute arising from your use of the site will be governed by New York law and resolved in the courts of New York.
GENERAL TERMS AND CONDITIONS
Primedia Automotive Group reserves the right, in its sole discretion, to change, modify, add, or remove portions of these terms and conditions of use at any time, so please check periodically for changes. Unless legally required to do so immediately, changes in these terms and conditions of use and our privacy policy will not go into effect until they have been posted for thirty (30) days. Continued use of Primedia Automotive Group following the effective date of any changes to those terms constitutes your acceptance of those changes.
If any provision of this User Agreement is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of this agreement. Headings are for convenience only, and are not intended to in anyway to confine, limit, construe or describe the scope or extent of such section.
No waiver by Primedia Automotive Group of any breach of this User Agreement by you shall constitute a waiver of this User Agreement or alter or limit our right to act with respect to subsequent or similar breaches.
ENTIRE AGREEMENT
This User Agreement and the materials incorporated by reference hereto form the entire understanding and agreement between you and Primedia Automotive Group with respect to use of this site and the services offered hereunder, and may be modified only in accordance with the procedures specified herein.