Welcome to the RevolutionParts, Inc (“Company”) website!
Company provides the RevolutionParts website located at https://www.revolutionparts.com (the “Website”) which is maintained for your personal information, education and communication. Your access to and use of the Website is subject to this Website Use Policy (the “Policy”) and all the terms, conditions and notices contained or referenced herein. Please read this Policy carefully before accessing or using this Website, so that you fully understand your rights and responsibilities.
BY ACCESSING OR USING THIS WEBSITE, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE. PLEASE PRINT A COPY OF THIS POLICY FOR YOUR REFERENCE.
Company may modify or amend this Policy at any time. All changes will be effective immediately upon their posting on this Website. Material changes will be posted conspicuously on this Website. By accessing the Website following posting of changes to the Policy, you agree to all such changes.
Information displayed on this Website or services provided herein may change without notice. Company reserves the right to modify such information without any obligation to notify past or current Website users. Company makes no representations that the materials on this Website are appropriate or available for use in any particular state or other countries besides the United States of America. When accessing this Website you are solely responsible for compliance with the laws of the state or country in which you live.
All offers set forth on this Website (if any) are void where prohibited, and are subject to the posting of any official rules pertaining to such offers. Some services offered on this Website may not be available in certain areas.
Subscriptions and other Terms and Conditions
Intellectual Property Rights
(a) The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(d) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Copyright RevolutionParts, Inc, 2014. All rights reserved.
Use of this Website
(a) You may use the Website only for lawful purposes and in accordance with this Policy.
(b) You promise that: (i) you are of legal age to form a binding contract with the Company; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation; (iii) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (iv) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (v) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vi) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (vii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.
(c) No individual under the age of thirteen (13) may use the Website, provide any personal information to Company, or otherwise submit personal information through the Website. You may only use the Website if you can form a binding contract with Company and are not legally prohibited from using it.
(d) You may download and print one (1) copy of this Website’s content for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this Website without the prior written consent of Company.
If you choose to register with the Website, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Company by e-mail to email@example.com. You are solely responsible for your own losses and losses incurred by Company and others (including other users) due to any unauthorized use of your account.
IN NO EVENT WILL COMPANY OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THIS WEBSITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
Company makes all commercially reasonable efforts to ensure that all material, information and data on this Website is accurate and reliable; however, accuracy cannot be guaranteed. This Website is provided by Company on an “AS IS” basis. Company disclaims all warranties with respect to this Website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Company does not warrant or guarantee (1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this Website or any material, information or data downloaded or otherwise obtained through use of this Website; (2) the results that may be obtained from the use of this Website or the use of material, information or data obtained from this Website; (3) that use of this Website or any materials on this Website will meet any users requirements; (4) that access to the Website will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this Website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. Company has no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.
You acknowledge and agree (1) that your use of this Website and any material, information or data downloaded or otherwise obtained through the use of this Website is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering this Website or its content will be liable to users of this Website for any damage resulting from use of this Website or use of material, information or data downloaded or otherwise obtained from this Website, nor are such parties in any way responsible for the conduct of users of this Website or for information posted or exchanged on this Website.
No advice or information, whether oral or written, obtained by you from Company or in any manner from this Website creates any warranty.
If you operate another website and are interested in linking to our Website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (3) the link must be in connection with a website of appropriate subject matter that furthers the mission of Company; (4) the link may not (or have the potential to) damage or dilute the goodwill associated with Company’s names and marks; (5) the link may not create the false appearance that an entity other than Company is associated with or sponsored by Company; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) Company reserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Policy or through other notice.
You agree to indemnify, defend and hold harmless Company, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this Website, your use of any material, information or data downloaded or otherwise obtained from this Website, or your violation of this Policy, including your infringement of any intellectual property or other right of Company or any other person or entity.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
PO Box 61505
Phoenix, AZ 85082-1505
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).
COUNTER-NOTIFICATION PROCEDURES. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above). The Counter-Notice must include substantially the following:
- Your physical or electronic signature
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address)
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
- A statement that you will consent to local Federal District Court jurisdiction, or if overseas, to an appropriate judicial body
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
1Please note that RevolutionParts does not appear as registered under this name for purposes of the DMCA (http://www.copyright.gov/onlinesp/list/r_agents.html). If there is no current agent registered, the Company won’t be able to benefit from the shield offered by the law. Please proceed with registration or change this reference to a registered agent. Here is the form for registration: http://www.copyright.gov/onlinesp/agent.pdf
Interpretation and Disputes
This Policy are governed by the laws of the United States of America and the State of Delaware, without regard to any conflict of laws provisions. Venue is exclusively in Maricopa County, Arizona for any dispute arising under this Policy, unless otherwise agreed by Company in its sole discretion. If there is a dispute, the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of this Policy is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator may modify such provision to the minimum extent necessary to make an invalid provision enforceable and valid. If modification is impossible or impracticable then the provision will be severed and the remaining terms of this Policy will be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this Website must be commenced within one (1) year after the action or claim arises.
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.
You agree that this Policy and any other documentation, agreements, notices or communications between you and Company may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference.
PO Box 61505
Phoenix, AZ 85082-1505