Legal Notice
BRAKE PARTS INC LLC LEGAL NOTICE
Ownership of Site and Agreement to Terms of Use. These Terms of Use apply to the web site located at www.brakepartsinc.com and other websites administered by Brake Parts Inc LLC (“BPI”) where these Terms of Use are posted (collectively, the “Site”). The Site is the property of BPI. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE DO NOT ENTER OR USE THIS SITE.
BPI reserves the right, in its sole discretion, to change or modify portions of these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use for updates. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Intellectual Property. The trademarks, trade dress, graphics, user interfaces, visual interfaces, photographs, product names, designs, logos, titles, text, images, computer code, and other audio and video content on this Site (“Intellectual Property”) are the property of BPI or its affiliates or are used under license. The Intellectual Property is protected by copyright, trademark and various other intellectual property and unfair competition laws. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of this Intellectual Property without the express prior written permission of BPI or the relevant owner, which may be withheld or denied in BPI’s or the relevant owner’s sole discretion. Except as expressly provided in these Terms of Use or elsewhere in the Site, no part of the Site and no Intellectual Property may be copied, reproduced, republished, uploaded, posted, published, publicly displayed or performed, encoded, translated, transmitted, modified, adapted, used to create derivative works or distributed in any way to any other computer, server, website or other medium for publication, distribution, performance or use or for any commercial purpose, without BPI’s express prior written consent, which may be withheld in or denied in BPI’s sole discretion.
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.
Use of Site. The Site is for your personal, non-commercial use for basic information, communication and education. Provided you comply with these Terms of Use, BPI grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The material on this Site is general information only and is updated periodically. The information on this Site should not be relied upon or used as the only basis for making any decisions without consulting primary sources for confirmation. You may download material displayed on the Site for non-commercial, lawful, personal use only if you also retain all copyright and other proprietary notices contained on the materials. However, you may not distribute, modify, transmit, reuse, re-post, or use any content of this Site for public or commercial purposes, including any text, images, audio and video without BPI’s prior written permission, which may be withheld or denied in BPI’s sole discretion. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. All rights not expressly granted herein are reserved to BPI.
No Warranties and Limitation of Liability. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING. ALSO, BPI MAKES NO WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE OR ITS SERVER WILL BE SECURE OR VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.
Your use of this Site and any links contained here is at your own risk. BPI and its affiliates assume no responsibility, and shall not be liable for any damage, losses, access or virus to your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or any linked sites or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites.
In no event shall BPI or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, associates, shareholders, members or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from this Site.
Links. This Site may contain links to other websites, some of which are operated by BPI or its affiliates, and others of which may be operated by third parties. These links are provided as a convenience to you. Links to unaffiliated websites should not be viewed as an endorsement of the content, products or services of linked sites. BPI has not necessarily reviewed all the information on those other sites and is not responsible for the content or any products or services that may be offered through those or any other sites. Different terms of use may apply to your use of any linked sites. BPI is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Communications with this Site. You acknowledge that you are responsible for any information or material you may submit through this Site. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense or violation of law, (iii) violates the rights of any party; (iv) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam"; (v) is commercial content which has not been approved in advance in writing by BPI. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. BPI will fully cooperate with any law enforcement authorities or court order requesting or directing BPI to disclose the identity of or help identify or locate anyone posting any such information or materials.
If you do submit information or materials, you hereby grant BPI and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that BPI is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to BPI via this Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You grant BPI and its affiliates the right to use the name, address and any other information or materials you submit to us through this Site or any of our affiliated links, if we so choose. All personal information provided via this Site will be handled in accordance with the BPI online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply via this Site or our affiliated links does not violate these Terms of Use.
Any communication, information or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. BPI cannot prevent the "harvesting" of information from this Site, and you may be contacted by BPI or unrelated third parties, by e-mail or otherwise, within or outside of this Site.
Indemnification and Damages. You agree to indemnify, defend and hold harmless BPI, its affiliates and their officers, directors, members, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. BPI reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with BPI in the defense of such matter. Further, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, 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.
Jurisdiction and Applicable Law. This Site was developed in the United States of America in accordance with and shall be governed by the laws of the State of Illinois (USA) in interpreting and enforcing these Terms of Use. By your access and use of the Site, you irrevocably consent to the jurisdiction of the courts located in the State of Illinois, without regard to its conflicts of laws principles, for any action arising out of or relating to these Terms of Use. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. Reference to a particular product or service does not imply that such products or services are or will be available in such countries.
Severability. If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain valid and in place.
Entire Agreement and Admissibility. These Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and BPI with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Brake Parts Inc LLC
4400 Prime Parkway
McHenry, IL 60050
815-363-9000
Last updated March 5, 2018