This website is operated by NB Auto Parts LLC which is a United States owned and operated company. Throughout the site, the terms “we”, “us” and “our” refer to NB Auto Parts LLC. NB Auto Parts LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You must be an individual over the age of 18 to access and use this website. If you are under the age of 18, you may not access or use this site without supervision by your parent or legal guardian.
Amendments This Agreement governs your access to and use of this Site and all applications and services, including but not limited to the sale of products or services, available via this Site (collectively, the “Services”), except to the extent the Services are the subject of a separate agreement. We reserve the right, in our sole and absolute discretion, to amend, change, delete, modify, revise or update this Agreement at any time without notice to you. Any such amendments, changes, deletions, modifications, revisions or updates will be effective immediately upon their publication on this Site. Accordingly, you acknowledge and agree that your continued access to and use of this Site after any such amendments, changes, deletions, modifications, revisions or updates will constitute your acknowledgement and agreement to be bound by such amendments, changes, deletions, modifications, revisions or updates. Because of the possibility that this Agreement could change between your visits to this Site, we recommend that you check this Agreement each time you visit this Site.
NB Auto Parts LLCcannot guarantee the availability of all of the Services displayed on this website at all times. If, for any reason, an ordered Service is not available, the Company shall make an attempt to offer a suitable replacement Service when possible and if a suitable replacement is available. The prices of the Services displayed on this Site are quoted in US dollars and are valid and effective only in the United States.
What personally identifiable information is collected from you through the site, how it is used, and with whom it may be shared
What choices are available to you regarding the use of your personal information
The security procedures in place to protect the misuse of your information.
How you can correct any faults in the information?
You are responsible for all activity related to your access or use of the Site and the Services. You are also responsible for all activities under your password or registered account if you or if you allow others to use the relevant information to access and use the Site. In addition to the other restrictions contained in this Agreement, you acknowledge and agree that you will not, directly or indirectly, without our prior express written consent,
(1) disguise the origin of information transmitted to or through this Site,
(2) access or use this Site, the Services or the Content for any purpose or in any manner inconsistent with the terms and provisions of this Agreement,
(3) violate any federal, state, local or jurisdictional law, rule or regulation while accessing or using this Site, the Services or the Content,
(4) infringe upon or violate the intellectual property rights, privacy rights, moral rights, rights of attribution or any other similar rights of any individual or entity while accessing or using this Site, the Services or the Content or posting any content or information on the Site,
(5) post, publish or transmit any information on this Site that is abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, obscene, sexually explicit, threatening, unlawful, vulgar or otherwise objectionable,
(6) post or publish any information on this Site that is intended to advertise or solicit business, including any multi-level marketing scheme, or that is a chain letter or part of a pyramid scheme,
(7) harvest or collect information from the Site (including any user information) for the purpose of sending unsolicited bulk e-mail or other forms of unsolicited bulk communications,
(8) install, upload or otherwise introduce any material to this Site that contains any time bombs, Trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with this Site, the Services or the Content,
(9) frame or utilize framing techniques to enclose any portion or aspect of the Content,
(10) corrupt, hack, modify or otherwise tamper with this Site, the Services or the Content,
(11) impersonate any individual or misrepresent your affiliation with any individual or entity,
(12) access or use this Site in any manner that reflects negatively on our reputation or goodwill, or
(13) post content or information in areas of the Site not expressly designated and approved by us for posting.
We are under no obligation to monitor this Site. However, you acknowledge and agree that we may monitor this Site to
(1) comply with any necessary laws, rules and regulations,
(2) operate this Site properly, or
(3) protect you, us or our affiliates.
As a courtesy to you, this Site contains links to websites and resources owned by other individuals and entities (collectively, the "Third Party Sites"). If you utilize the links to the Third Party Sites, you will leave this Site. If you decide to visit the Third Party Sites, you acknowledge and agree that (1) you do so at your own risk,
(2) it is your responsibility to guard against time bombs, Trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with your computer system,
(3) we are not endorsing, nor are we responsible for, the information, advertising or the content contained on the Third Party Sites, or the products or services promoted, offered by or sold on the Third Party Sites (including anything that could be abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, obscene, sexually explicit, threatening, unlawful, vulgar or otherwise objectionable, or that could be in violation of any federal, state, local or jurisdictional law, rule or regulation),
(4) your access to and use of the Third Party Sites is subject to the Third Party Sites' terms and conditions of use (including their respective privacy polices), (5) we are not responsible for the availability of the Third Party Sites, and
(6) we are not making any representations or warranties regarding the accuracy, appropriateness, availability, completeness, freedom from viruses, performance, quality, security or timeliness of the Third Party Sites or their contents (including the text, graphics, images, software, audio and video clips, links, logos, icons and other items and materials contained on the Third Party Sites). Subject to the terms hereunder, you may link to this Site from your website through the placement of a plain textual link to http://notabeneautoparts.com//a> Linking to any other page of this Site (including through deep links or framed links) is prohibited in the absence of a separate written agreement with us. Unless we otherwise provide our express written consent, any website or other device that links to http://notabeneautoparts.com/ or any page available in this Site is prohibited from:
(1) replicating the Content,
(2) using a browser or border environment around the Content,
(3) implying in any fashion that we or any of our affiliates are endorsing it or its products or services,
(4) stating any fact, or failing to state any fact, that is misleading or that otherwise implies that we or any of our affiliates are endorsing it or any of its products or services or that we or any of our affiliates has any relationship with it,
(5) presenting false information about us or our products or services, and
(6) using any of the Content or, except as otherwise provided above with respect to the plain textual link, the Marks.
We do not want you to, and you should not, post, publish or transmit any of your confidential or proprietary information on, through or to this Site, except on the "request a quote" page. In the event you choose to post, publish or transmit any information on, through or to this Site, whether in the form of answers, comments, concepts, e-mails, feedback, ideas, inputted data, inventions, know-how, messages, plans, questions, suggestions, techniques, uploaded files or otherwise, (collectively, the "User Information"), other than through the "request a quote" page, you acknowledge and agree that:
(1) such User Information will not be treated as confidential or proprietary,
(2) you are responsible for the accuracy and correctness of such User Information,
(3) you are granting us an irrevocable, royalty-free, unlimited and worldwide license to assign, communicate, convey, copy, create derivative works from, display, distribute, export, lease, loan, post, publish, redistribute, rent, reproduce, republish, retransmit, sell, transfer, transmit or otherwise use such User Information for any purpose whatsoever,
(4) you waive any and all claims against us and our affiliates regarding the use of the User Information, including any claims regarding infringement of intellectual property rights, and
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will be required to select a user name and password. You are entirely responsible for maintaining the confidentiality of your user name and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to any authorized or unauthorized use of your account. You may not use another’s account without the permission of such account holder.
You acknowledge and agree that you are responsible for (1) providing all personal computer and communications equipment necessary to access and use this Site, (2) paying all charges related to connecting to this Site, and (3) obtaining or providing all telephone access lines, telephone and computer equipment (including modems), or other access devices that are necessary to access and use this Site. Your carrier or Internet service provider may charge service fees for web browsing, entering text and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you. Any dispute or problem regarding internet connections is between you and your local phone company or internet service provider.
This Site originates from and is served and housed from Wisconsin. We make no representations or warranties that this Site, the Services or the Content is appropriate or that users will be able to access or use the Sites at times or locations of their choosing, including any location outside of the United States. The United States and certain other jurisdictions control the export of products, services and information. You acknowledge and agree that you will comply with all of the United States' and other applicable jurisdictions' laws, rules and regulations regarding:
(1) the import, export and re-export of the Services and the Content to individuals or entities located outside of the United States,
(2) content posted, published and/or transmitted over the Internet, and
(3) the posting, publishing and/or transmission of technical data imported, exported or re-exported from the United States or the country in which you physically reside. You consent to the housing of any registration or personally identifiable information and User Information on our servers in the United States.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
You agree to indemnify, defend and hold harmless NB Auto Parts LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
This Site, The Services And The Content (Which Term Includes But Is Not Limited To Information Made Available Through NB Auto Parts LLC) Are Provided On An "As Is," "With All Faults" And "As Available" Basis. Your Access To This Site And Your Use Of The Services, The Content And The Internet, Are At Your Sole Risk. You Solely Are Responsible For Any Damage To Your Computer System Or For Any Loss Of Data Resulting From Your Access To Or Use Of This Site, The Services, The Content Or The Internet.
Neither We, Nor Any Of The Remaining Indemnified Parties, Make Any Representations, Warranties Or Endorsements Of Any Kind Regarding
(1) This Site, The Services, The Content, Any Third Party Sites Or The Internet, Including With Respect To The Accuracy, Appropriateness, Availability, Completeness, Freedom From Viruses, Interruption Or Errors, Performance, Quality, Usefulness, Reliability, Security Or Timeliness Of This Site, The Services, The Content Or The Internet, The Third Party Sites, Including Any Products Or Services Available Through The Site Or The Third Party Sites And
(2) That We Will Have Adequate Capacity For The Site As A Whole Or In Any Specific Geographic Area Or That Users Will Be Able To Access Or Use The Site And Services At Times Or Locations Of Their Choosing. No Advice Or Information Provided On This Site Shall Create Any Warranty That Is Not Expressly Stated By Us In This Agreement. To The Fullest Extent Allowed By Law, We, Together With Our Affiliates And Licensors, Expressly Disclaim All Express, Implied Or Statutory Representations, Warranties And Endorsements Of Any Kind, Including The Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Accuracy, Title And Non-infringement Of Third Party Rights, Regarding This Site, The Services, The Content Or The Internet. Some Jurisdictions Do Not Allow Limitations On Implied Warranties, So The Limitations Contained In This Section Of This Agreement May Not Apply To You. You Acknowledge And Agree That The Terms And Provisions Contained In This Agreement Are Fair And Reasonable.
As per the Digital Millennium Copyright Act, we are enlisted with the United States Copyright Office as a Service Provider. Any warnings of guaranteed copyright encroachment must be sent to our Copyright Agent: http://notabeneautoparts.com Email: firstname.lastname@example.org
This Site may contain projections or other forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Forward-looking statements include, among other things, the information concerning our possible future results of operations, business and growth strategies, financing plans, our competitive position and the effects of competition, the projected growth of the markets in which we operate, and the benefits and synergies to be obtained from cost reduction initiatives or current or future acquisitions. Forward-looking statements include all statements that are not historical facts. In some cases you can identify these statements by forward-looking words such as "anticipate," "believe," "could," "estimate," "expect," "intend," "plan," "may," "should," "will," "would," "project" and similar expressions. These forward-looking statements are based on information currently available to us and are subject to a number of risks, uncertainties and other factors that could cause our actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, the forward-looking statements we make in connection with this Site. These factors include those set forth in our various filings with the Securities and Exchange Commission, including our most recent annual report on Form 10-K and quarterly reports on Form 10-Q. Our actual results may vary materially from those expressed in or implied by our forward-looking statements. You are cautioned not to place undue reliance on those projections forward-looking statements because they speak only as of the date on which they were made. We can give no assurances that any of the events anticipated or implied by the forward-looking statements we make will occur or, if any of them do occur, what impact they will have on our operations or financial results. Except as otherwise required by federal securities laws, we undertake no obligation to update publicly or revise any projections or forward-looking statements.
The termination or expiration of these Terms for any reason will not terminate the obligations or liabilities of the parties under these Terms, including those regarding warranties, liabilities, proprietary rights and any others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of these Terms.
This Agreement Will Be Governed By And Construed In Accordance With The Domestic Laws Of The State Of Wisconsin, Without Giving Effect To Any Choice Of Law Or Conflicting Provision Or Rule (Whether Of The State Of Wisconsin, Or Any Other Jurisdiction) That Would Cause The Laws Of Any Jurisdiction Other Than The State Of Wisconsin To Be Applied. The Parties Hereto Waive All Right To Trial By Jury In Any Action, Suit Or Proceeding Brought To Enforce Or Defend Any Rights Or Remedies Under This Agreement Or Any Documents Related Hereto. The Parties Hereto Agree That All Disputes Among Them Arising Out Of, Connected With, Related To, Or Incidental To The Relationship Established Among Them In Connection With This Agreement Shall Be Resolved Exclusively By State Or Federal Courts Located In The Wisconsin, And Any Appellate Court From Any Thereof. You Hereby Waive Any Objection That You May Now Or Hereafter Have To The Laying Of Venue Or To The Jurisdiction Of Any Such Action, Suit Or Proceeding. You Acknowledge And Agree That Any Claim Or Cause Of Action Brought By You Against Us Or Any Of Our Affiliates Must Be Filed Within One (1) Year After Such Claim Or Cause Of Action Arose.
Except to the extent expressly provided in another written agreement between you and us, this Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and it supersedes any prior agreements between you and us with respect to the subject matter hereof. If any term or provision under this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or provision of this Agreement shall be deemed to be a further or continuing waiver of such term or provision, or of any other term or provision. We may assign our rights and obligations under this Agreement to any individual or entity at any time and without notice to you. The section headings used in this Agreement are for convenience only and have no legal effect.
If you have any questions or comments regarding this Site, please contact the Copyright Agent at the address and numbers noted on the Contact Us page.
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