Terms of Service
Last Modified: March 28, 2016
Thank you for visiting the Arch Auto Parts Website. These Terms of Service describe the terms of our agreement with you about your use of our website. Parts of these terms of service are technical – and unfortunately, a bit long-winded. This is in part because our lawyer lacks creativity, but it is mostly because these Terms of Service are important—and sometimes a little complicated. If you have any questions, feel free to contact us at policies@ArchAutoParts.com, and we’d be glad to help.
Arch Auto Parts, Inc., Arch Auto Parts Holding Company, Inc. and Arch Automotive Group (collectively, and along with all of their respective affiliates and subsidiaries, referred to as “Arch Auto Parts”, “we”, “us”, “our”) owns and operates the website ArchAutoParts.com, including the subdomain Shop.ArchAutoParts.com and all content, functionality and services related thereto (collectively, the “Website”). You, the user (referred to as “you”, “your”) hereby agree to these Terms of Service (the “Terms of Service”) which govern your relationship with Arch Auto Parts and your access to and use of this Website and the products and services available through this Website (collectively, the “Services”).
Revisions to Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so that you are aware of any changes, as they are binding on you.
Access and Use of Website
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services and/or to remove the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website or discontinue the Services.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.
Copyright, Intellectual Property, Software and Content Use
The Website and its 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 Arch Auto Parts, 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.
The content and software on this website may be used as a shopping tool and automotive information resource. These Terms of Service permit you to use the Website for your personal, non-commercial use only or as a source to identify and purchase parts in connection with your business. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- 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 our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Except for customers who use the Website to identify and purchase parts to resell in connection with their service businesses, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 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 Arch Auto Parts. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The name, Arch Auto Parts, the terms, Right Parts, Right Now™, NY’s Neighborhood Parts Store™, the Arch Auto Parts Logo and all related names, logos, product and service names, designs and slogans are trademarks of Arch Auto Parts or its affiliates or licensors. You must not use such marks without the prior written permission of Arch Auto Parts. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Arch Auto Parts, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Arch Auto Parts or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Reproduce, frame, or impersonate the Website or any portion thereof.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Refusal of Service
Arch Auto Parts has the right to refuse service to anyone at any time. We reserve the right to terminate accounts, and cancel orders for any reason, including believing the usage of ArchAutoParts.com violates applicable laws or harms Arch Auto Parts or its suppliers or affiliates.
Tools, Tips and Resources
We may provide access to tools, tips or other resources on the Website. You acknowledge and agree that we provide such tools, tips, information and resources “as is” and “as available” without any warranties, representations or conditions of any kind, and without endorsement. We shall have no liability whatsoever arising from or relating to your use of these tools, tips or resources, whether on our site or provided via links to other sites or information.
Do Not Rely on Information on Website
Arch Auto Parts works hard to provide accurate information. However, it is possible that there could be typographical errors, inaccuracies, omissions, or inconsistencies in information. This may include information related to product descriptions, pricing, promotions, offers, product charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate without prior notice, including after you have submitted your order. We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. If an update or refresh date is published, it does not indicate that all information on the Website has been modified or updated.
Arch Auto Parts and its suppliers make no representation about the accuracy or suitability of information contained in text, graphics, images, audio files or videos published or linked or any other information on this Website. They are provided as a courtesy only, “as is”, without warranty of any kind. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Disclaimer as to Third Party Association
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Arch Auto Parts and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Arch Auto Parts.
Linking to this Website
You may link to our home page, provided Arch Auto Parts provides you with written permission, and you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Reviews, Feedback, Comments
Arch Auto Parts may allow Website visitors to post advice, comments, reviews and other content to the Website. Arch Auto Parts takes no responsibility for the accuracy or appropriateness of any advice, comments, graphics, etc posted by any party in this manner. Arch Auto Parts also reserves the right to remove any comments or content of any kind at our sole discretion. If you post reviews, comments, or other content on any of the web sites, or send us feedback, questions or comments, photos, images, etc. via posting, electronic means, postal mail, in-store feedback, or in any form, you grant Arch Auto Parts a non-exclusive, royalty-free perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute and display such reviews throughout the world, in any media. You also grant Arch Auto Parts the right to use the name that you submit along with any review, comment or other content.
You also represent and warrant that you own or legally control all rights to the comments, reviews or content that you submit or post on this site, and use by Arch Auto Parts of your submitted content will not infringe upon or violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false email, pretend to be someone other than yourself, or otherwise mislead us or others as to the origin of comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, false, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the terms of this Service.
If you send us any submissions (contest or other comments or feedback we may request), or any unsolicited ideas, suggestions, proposals, plans, recommendations of any kind, you agree that we may, at any time, without restriction edit, copy, publish, distribute, translate and otherwise use in any medium any comments or materials you send us. We will not be under any obligation to maintain any comments in confidence, nor pay any compensation, nor respond to any comments.
Terms of Sale
You agree that your order is an offer to buy all of the products and services listed in your order. Any and all such orders must be accepted by us, and we are not obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. By placing an order you are offering to purchase a product on and subject to the Terms of Service. All orders are subject to availability and confirmation of the order price. Part availability times may vary and are subject to delays for which we will not be responsible.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and Arch Auto Parts will not be formed until we send you a confirmation by e-mail that the goods which you ordered are available. Only those goods listed in the confirmation e-mail will be included in the contract formed. If we discover an order has incorrect pricing or quantities, we reserve the right to cancel the order due to such errors.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site. By placing an order with Arch Auto Parts, you warrant that you are of legal age to purchase online, and possess a valid credit or debit card issued by a bank in your name.
When placing an order you represent and warrant that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to change without notice.
Products or Services
Some products or services may be available exclusively in-store, or exclusively online through the Website. These products or services may have limited quantities, and are subject to return or exchange only according to our return policy. We reserve the right to limit quantities of any products or services that we offer, and to discontinue any product at any time. We reserve the right to limit sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and /or shipping address. In the event that we make a change to or cancel an order, we may try to notify you by contacting the email and/or billing address/phone number provided to us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Any offer made on this site is void where prohibited.
All descriptions of products and services, and all prices on this site are subject to change at any time, without notice, at our sole discretion. We do not warrant that any products, services or information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Pricing and Availability
Prices are subject to change without notice, and we will not be liable to you or any third party for any price change. While we try to ensure that all descriptions, details and prices which appear on this Website are accurate, it is possible there are errors. If we discover an error in the price of any parts or goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund, unless the order is for a customized item in which case we may, at our sole discretion, deduct our expenses and costs.
Posted prices do not include taxes or charges for shipping and handling as applicable. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made via the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. In the event you make a mistake entering your billing or shipping address, you are responsible for any and all costs associated with rerouting or reshipping that product to the correct address.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been confirmed by us as ordered, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as referenced in the confirmation email.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY DESCRIBED AT [INSERT LIMITED WARRANTY LINK] WHICH ONLY PASSES THROUGH PRODUCT MANUFACTURER WARRANTIES). NEITHER ARCH AUTO PARTS NOR ANY PERSON ASSOCIATED WITH ARCH AUTO PARTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY PRODUCT. WITHOUT LIMITING THE FOREGOING, NEITHER ARCH AUTO PARTS NOR ANYONE ASSOCIATED WITH ARCH AUTO PARTS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED OR PRODUCTS PURCHASED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ARCH AUTO PARTS, OUR SUPPLIERS, CONTENT PROVIDERS, ADVERTISERS AND ALL OF OUR RELATED AFFILIATED PARTIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL ARCH AUTO PARTS, ITS AFFILIATES, SUPPLIERS, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, PRODUCTS PURCHASED ON THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Arch Auto Parts, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of New York without giving effect to any choice or conflict of law provision or rule (whether of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States in the New York Eastern District Court or the state courts with jurisdiction in Hollis, Queens New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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 by notifying us that you no longer wish to use our services, or when you cease using our Website. If in our sole judgment you fail, or we suspect 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). Notwithstanding the foregoing, the provisions titled Disclaimer of Warranties, Limitation on Liability, Indemnification, Governing Law and Jurisdiction and Limitation on Time to File Claims shall survive the termination of this agreement.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Arch Auto Parts to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Questions / Complaints
We want all shoppers and others using the Website for its intended automotive informational and shopping purposes to have a positive experience. If you have any complaint, problem or comment that needs addressing, please contact us at email@example.com. We operate a complaints handling procedure which we will use to try to resolve any issues or disputes fairly and quickly when they first arise.
If you have any questions about these Terms of Service, you can contact us at policies@ArchAutoParts.com.