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Legal

By your use of the getcarpart , website, you agree that the following Terms of Use form a legal and binding agreement between you and getcarpart , Inc., (“getcarpart.com”) and that you will comply with the terms and provisions hereof.

Submissions

By submitting content to getcarpart through its website, you grant getcarpart the worldwide, royalty-free, sub-licensable, non-cancellable, and non exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display comments, reviews, ideas, and feedback through its website. getcarpart also reserves the right to incorporate such content into other forms of media or technology to further its business objectives. Such submissions will not be considered confidential and may be used in marketing materials, products, or advertising without incurring any liability for royalties. getcarpart will handle the security of personal information and details according to its Privacy Policy.

Third Party Links and Hyperlinks

getcarpart website may be hyperlinked by other websites not owned or maintained by getcarpart or its affiliated parties. getcarpart does not sponsor traffic to its website from external sources, and these links are provided as a service to users of those respective sources. When you follow a link to a third party website from getcarpart website and access external content, you agree to the respective third party policies and terms of the websites you visit. getcarpart is not responsible for the content of external third party links, which you should access at your own risk and discretion. getcarpart does not guarantee the completeness, accuracy, or safety of third party links. getcarpart provides hyperlinks as a convenience to customers and website users, and links to third party websites do not represent an endorsement of other organizations, their products, or their services by getcarpart.

Warranty Disclaimer

getcarpart does not assume any responsibility for your use of the Internet or the downloading of potentially harmful files. You are responsible for protecting your computers and mobile devices from viruses, malware, worms, Trojan horses, and other security risks that may harm the integrity of your hard drive, files, or operating systems. You are responsible for protecting your data with personal anti-virus software, firewalls, and other sufficient programs, and recovering your lost data, in the event of a security breach or malfunction. getcarpart MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, WITH REGARD TO THE USE OF OUR WEBSITE AND OTHER DIGITAL PLATFORMS, OR ANY PRODUCTS OR SERVICES PURCHASED THEREON, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF getcarpart WEBSITE IS AT YOUR OWN RISK, AND THE CONTENT CONTAINED ON OUR WEBSITE IS PRESENTED AS IS AND WITHOUT GUARANTEE AGAINST ERRORS, DEFECTS, OR SECURITY RISKS. WARRANTIES ON PRODUCTS MAY BE AVAILABLE FROM THE MANUFACTURER THEREOF. WE MAKE NO WARRANTY REGARDING, AND ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF, INTERNET SERVICE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY YOUR USE OF THE WEBSITES AND OTHER DIGITAL PLATFORMS.You are responsible for the entire cost of servicing, repairing, or correcting any loss or damage resulting from the use of getcarpart website. Prices and availability of products sold on getcarpart website may change without notice. getcarpart does not assume responsibility for your use of the Content on its website and cannot be liable if your actions infringe on the rights and privacy of others. All of the information on getcarpart website applies only as of the posted date, and getcarpart has no obligation to update or remove such information upon request.

Assignability

getcarpart reserves the right to assign these Terms of Use in part or in full to any affiliate or successor of getcarpart. You may not assign your rights and obligations described in these Terms of Use without prior, written consent from getcarpart.

Severability

If any provision, in part or in full, of these Terms of Use is determined to be void or unenforceable, the remaining provisions of these Terms of Use shall not be affected. All remaining provisions shall remain binding, and in full force and effect.

Privacy Statement

For more information on getcarpart privacy practices and policies, please see the company’s Privacy Statement.

Ordering

At the time you place your order, our system will validate the credit card information you provided and verify that funds are available in your account. If the information you provided during checkout fails to coincide with the information on file for the credit card you used, our security system will deny your order. If the information you provided is accurate, your credit card will be charged for the full amount of your order on the day that your order is shipped.

Sales Tax

Our retail store is located in Stockton, California. Because of our physical presence in California, we are required by law to collect sales tax on internet-based sales to customers located in California and certain other states as mandated by law. The current sales tax rate is 9%, which is subject to change according to changes in State law.

Shipping and Delivery

Orders placed by 3:00PM Pacific time typically ship out the same day. Orders received after 3:00PM Pacific time will process and ship on the next business day. The shipping carrier we use (USPS, UPS, or FedEx) depends on the package size/weight and destination. If a choice of shipping carriers is offered during checkout, we ship by the method you selected. We ship daily, from Monday-Saturday. We are closed on Sundays. Orders received on Saturdays (after 3:00PM Pacific time) and Sundays will be processed the next business day. If your order is placed on a Federal holiday, it will ship out the next business day.

Express shipping options may be available, please call us by phone to confirm availability and cost. Please bear in mind that USPS Express shipments have an earlier cutoff/collection time, therefore orders must be received by 12:00PM Pacific time to We ship daily, Monday-Saturday. Delivery dates provided at checkout are based upon the shipping method, package size and weight of the order, and are estimates only. getcarpart cannot guarantee the speed or accuracy of delivery dates provided by any of its commonly used shipping partners. getcarpart is also not responsible for the security of deliveries that are missing or stolen from the delivery location. Deliveries become the sole responsibility of the customer once the order has reached the address indicated in the tracking information. getcarpart does not guarantee that your order will be replaced or refunded in the event of a lost or stolen package.

Return & Exchange Policy

If you are not entirely satisfied with your purchase, we’re here to help. We accept returns/exchanges for items except those as noted below. Please contact us by calling or sending a text message to (209) 951-3761, or by sending us an email through the eBay messaging system.

Returns

  • You have 30 calendar days to return an item from the date you received it.
  • To be eligible for a return, your item must be unused and in the same condition that you received it.
  • Your item must be in the original packaging.
  • Upon receipt and inspection of your return, we will issue a refund within 24 hours.

Non-returnable items:

  • Electrical parts
  • Ignition parts
  • Fuel system parts
  • Emission control parts.

Restrictions on Use

By accessing the getcarpart website, you agree that you will only use it for its intended purposes and avoid engaging in behavior that is unlawful or violates these Terms of Use. You may not, under any circumstances, co-brand, frame, or hyperlink to getcarpart website, unless getcarpart allows you to do so, which decision shall be made by getcarpart at its own sole discretion. These behaviors are defined as follows:

  • Co-branding: You will not display getcarpart brand, trademarks, or logos on any website not affiliated with getcarpart , in Stockton, CA. You will not use getcarpart brand, trademarks, or logo in correspondence, social media platforms, or any forms of communication such as e-mail or SMS.
  • Framing: You will not frame getcarpart website within any structure or navigation element of a website not affiliated with getcarpart , in Stockton, CA.
  • Hyperlinking: You will not provide a hyperlink to getcarpart website on an unaffiliated website, unless you are given authorization to do so by getcarpart at its own sole discretion.

You agree to cooperate with getcarpart and immediately cease any instances of branding, framing, or unauthorized hyperlinking upon request. You also agree to avoid acting in a manner that disables, overburdens, damages, or impairs the ability of others to use the getcarpart website. You may not access, or attempt to access, information or confidential materials which are not intentionally made available through the getcarpart website.

getcarpart , reserves the right to monitor the use of its website and other digital platforms to ensure compliance with these Terms of Use. getcarpart reserves the right to remove any content which violates these Terms of Use and to restrict the access of users who refuse to follow the guidelines outlined herein. getcarpart may disclose to third parties, including law enforcement personnel, as much information as necessary to satisfy applicable law and the orders of any court or administrative agency, and to ensure the safety of getcarpart business, customers, and employees. getcarpart will remove, or deny the use of, any materials from its website that do not satisfy the requirements outlined in these Terms of Use.

Proprietary Information

The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by getcarpart (the “Content”) is the proprietary information of getcarpart or the party that provided or licensed the Content to getcarpart. The Content expressly includes trademarks, service marks, logos, and copyrighted works belonging to getcarpart and its affiliates. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of getcarpart, except for printing out a copy of the Content solely for personal use. In doing so, the Content may not be removed or altered, or caused to be removed or altered, including any copyright, trademark, trade name, service mark, or other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates getcarpart intellectual property rights. Neither title nor intellectual property rights are transferred to anyone accessing this website.

Limitation of Liability

getcarpart and the “Indemnified Parties” (defined below) will not be liable or responsible for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if getcarpart was advised of the possibility of such damages. At no point will the collective liability of getcarpart or any of the aforementioned parties (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to getcarpart for the applicable Content or service out of which liability arose. The limitation on liability set forth above may not apply in certain states. In these states, you may have additional remedies or damages available to you.IndemnityIf you breach or violate these Terms of Use or the Privacy Policy, or use any getcarpart Content for a purpose not explicitly authorized by getcarpart in these Terms of Use, you will release, defend, indemnify, and hold harmless getcarpart and the Indemnified Parties (defined below) from responsibility for such breaches and violations. You agree that getcarpart and the Indemnified Parties will have no liability for any resulting losses, damages, judgments, awards, costs, expenses, and attorney’s fees in connection with such breach or unauthorized use, and you will release, defend, indemnify and hold harmless getcarpart and the Indemnified Parties from the same. You also release, defend, indemnify and hold harmless getcarpart and the Indemnified Parties from any liability pertaining to claims brought by third parties that result from your breach, violation, or unauthorized use of getcarpart website and content. “Indemnified Parties” includes getcarpart, and any parent company, subsidiaries, and affiliates thereof, and their respective officers, directors, shareholders, partners, employees, agents, representatives, subcontractors, successors, and assigns.Choice of Law and JurisdictionThese Terms of Use will be governed and interpreted according to the laws of the State of California, in the United States of America, without giving effect to its conflict of law principles. In the case of a legal dispute concerning these Terms of Use, the use of getcarpart website, or other legal matter, you consent to venue in a court of competent jurisdiction within the geographic boundary of San Joaquin County in the State of California.

Disputes

(a) Disputes and Claims. If any dispute or claim of any type arises between us with regard to your use of the getcarpart website or any products or services sold or distributed through the website, the dispute or claim will be resolved by binding arbitration, rather than through the courts. The exception to this requirement is described in subparagraph (e) below. In arbitration, there is no judge or jury. The arbitrator, however, can award damages just as a judge or jury can.

(b) Arbitration Procedures. Any arbitration proceeding will be administered by a neutral arbitrator who is a member of or affiliated with The American Arbitration Association (AAA), in accordance with its then current rules and procedures pertaining to consumer disputes. We will jointly select a single arbitrator, but if we cannot agree on the selection of an arbitrator, the AAA will designate the arbitrator for us. The arbitrator may conduct the arbitration by teleconference or videoconference. If the arbitrator deems it necessary to conduct the arbitration in person, the arbitration will be held at a location which is mutually agreeable to us. In the event we can’t agree on a location, the arbitrator shall choose a location, taking into account the cost and ability to travel of the parties.

(c) Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. getcarpart will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(d) No Class Actions. We agree that all disputes between us will be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

(e) Exceptions to Agreement to Arbitrate. Either you or getcarpart may assert claims, if they qualify, in small claims court in Stockton, California or in any United States county or parish where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration described above.

(f) YOU UNDERSTAND, BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS AS SET FORTH ABOVE, THAT YOU ARE WAIVING YOUR RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM THROUGH OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, INCLUDING COURT ACTIONS OR ADMINISTRATIVE PROCEEDINGS. YOU UNDERSTAND AND AGREE THAT YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY AND, PURSUANT TO SUBPARAGRAPH (d) ABOVE, YOUR RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS, ACTIONS , OR CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS OF ANY KIND.

(g) Governing Law. The Federal Arbitration Act and Applicable Federal Law will govern this agreement to arbitrate. Except for the provision relating to the waiver of class and representative actions, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the remainder of this agreement to arbitrate shall remain in effect. If any court finds the provision relating to the waiver of class and representative actions to be invalid or unenforceable, then the entirety of this Section regarding Disputes shall not apply.

 

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