Conditions of Use
Thank you for visiting this website (the “Site”), which belongs to Interstate
Batteries. The Site is offered to you conditioned
on your acceptance, without modification, of the following terms, conditions, and
notices (these “Conditions of Use”). Your use of the Site (including your
browsing of any of the web pages on the Site) constitutes your agreement to be bound
by these Conditions of Use.
IB reserves the right, in IB’s sole discretion, to change, modify, add, or remove
portions of these Conditions of Use at any time without notice to you. You should
read these Conditions of Use periodically for changes. If you use the Site after
IB posts changes to these Conditions of Use, you are deemed to have accepted the
changed Conditions of Use. If you do not agree with these Conditions of Use, then
you may choose that your sole and exclusive remedy is to discontinue using the Site
immediately. These Conditions of Use were last changed on May 5th,
The Site is designed to provide you with many functions, including the ability for
you to browse the Site for informational purposes and to purchase products through
the Site from IB and/or certain authorized parties. You agree to use the Site only
for its intended purpose.
Ownership. The Site, which includes but is not limited to, all information,
images, graphics, data, text, files, links, software, messages, communications,
content, organization, design, compilation, magnetic translation, digital conversion,
and other matters related to the Site (collectively the “Site Content”) are
the exclusive property of, and exclusively owned by, IB and IB’s licensors, and
are protected under applicable copyright, trademark, trade secret, and other proprietary
rights laws. Except as specifically allowed in these Conditions of Use, the copying,
redistribution, use, repurposing, or publication by you of the Site Content is strictly
prohibited. You do not acquire any ownership rights to any Site Content through
your access to, or use of, the Site, and you possess only those rights expressly
granted to you in these Conditions of Use.
Limited Right to Use. IB grants, and you accept, a limited, nonexclusive,
non-transferable, and revocable license to use the Site Content solely for your
own personal or internal business use (and never in a multi-level marketing capacity
or managed services environment). You many not use the Site for any other purpose.
You may not reproduce, republish, distribute, assign, sublicense, sell, or prepare
derivative works of the Site Content. All rights in and to the Site Content not
expressly granted in this paragraph remain in IB and IB’s licensors.
Pricing and Errors
IB reserves the right to make changes to its pricing and product availability without
notice. Errors related to pricing, product availability, descriptions and technical
specifications on the site will be corrected per IB’s discretion. IB reserves the
right to revoke any stated offer, correct any errors, inaccuracies or omissions,
in its sole discretion, including after an order has been submitted, confirmed or
your credit card has been charged. If we have charged your credit card for the purchase
and the order is cancelled, we will issue you a credit to the same card that was
used to place the order in the amount of the charge.
Internet product listing, pricing and availability may not be consistent across
all authorized Interstate Batteries’ distributor network of wholesale warehouses
and dealers. Online pricing and availability is specific only to purchases made
thru www.InterstateBatteries.com or its related customer service representatives.
Please visit or call the location of one of our dealers for specific product availability
and pricing. Our distributors and dealers are not necessarily required to honor
pricing or promotions on this website.
As required by law, IB collects and remits sales tax in states where it is registered as it regards presence of property, payroll, inventory and real estate or affiliated entity relationship. Currently this includes the states of Alabama, California, Colorado, Iowa, New York, Ohio, Oklahoma, Texas and Wisconsin.
When you place an order with us, we make every reasonable effort to check the information
you give us for validity, by verifying your method of payment and/or shipping address.
IB reserves the right to reject any order placed with us. Interstate Batteries reserves
the right to limit quantities on any order without giving any reason. If your order
is rejected, all reasonable attempts will be made to notify you using the e-mail
address you supplied at the time of placing your order. Interstate Batteries will
not normally charge your card if the order is rejected. If the order is cancelled
after a charge has been made we will process and post a refund of the amount charged
to your card.
Offer to Sell
Simply receiving a confirmation communication, be it electronic or any other method,
does not specifically signal our acceptance of your order. Said communication does
not constitute confirmation of our offer to sell. Interstate Batteries reserves
the right, at any time after receiving your order, to accept or decline your order
for any reason.
IB reserves the right to reject any order you place with us, and/or or to limit
quantities on any order, without giving any reason. If we reject your order, we
will generally make a reasonable attempt to notify you using the e-mail address
you supplied at the time of placing your order.
IB, at its sole discretion, may limit or cancel quantities purchased per person,
per household, per order or per offer. Interstate Batteries also reserves the right
to reject any order you place with us. These restrictions may include orders placed
by the same IB website account, the same credit card, and orders that use the same
billing and/or shipping address. In the event we make a change to an order, we will
make a reasonable attempt to notify you by contacting the e-mail and/or billing
address you supplied at the time of placing your order.
Use. The Site may contain bulletin board services, chat areas, and/or
other message or communication facilities designed to enable you to interact with
others (the “Interaction Services”). You agree to use the Interaction Services
only to post, send, and receive messages and materials that are proper and related
to the particular Interaction Service and only for your own personal or internal
business purposes. IB specifically disclaims any liability with regard to the Interaction
Services and any actions resulting from your participation in any Interaction Service.
By way of example, and not as a limitation, you agree that when using an Interaction
Service or any other portion of the Site, you will not:
- Modify, decompile, reverse engineer, recreate, disassemble, or otherwise attempt
to determine the makeup or source code of the Site or make any unauthorized changes
to the Site.
- Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
- Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate
(or use the Site to do any of the foregoing with respect to) any inappropriate,
profane, defamatory, infringing, obscene, indecent, hateful, or unlawful topic,
name, material, or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage or hinder the operation of another’s computer.
- Use any automated means, including, but not limited to, electronic “spiders,” “robots,”
or “crawlers,” to download data from any of IB’s databases or engage in any data
gathering, mining, or extraction methods for any purpose.
- Incorporate data from any IB database into any emails or other “white pages” products
or services, whether browser-based, based on proprietary client-side applications,
or web-based, without IB’s prior, express, and written consent.
- Advertise, post, or offer to sell or buy any goods or services for any business
purpose (including commercial advertisements, affiliate links, and other forms of
solicitation), unless such Interaction Service specifically allows such messages,
or engage in multi-level marketing.
- Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail,
spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication.
- Download any file posted by another user of an Interaction Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software, or other material contained
in a file that is uploaded.
- Impersonate another person or entity or use any fake name or identity.
- Allow any other person or entity to use your identification for posting or viewing
- Restrict or inhibit any other user from using and enjoying the Interaction Services
or any other portion of the Site.
- Violate any code of conduct or other guidelines that may be applicable for any particular
Interaction Service or any other portion of the Site.
- Harvest or otherwise collect information about others, including, but not limited
to, e-mail addresses, without their prior, express, and written consent.
- Violate any applicable laws, rules, or regulations or rights, including intellectual
property, privacy, or publicity rights.
Submissions. By posting, uploading, inputting, providing, or submitting
information or materials to the Site, including through the Interaction Services
(the “Submissions”), you are granting IB, IB’s affiliated companies, and
necessary sub-licensees irrevocable permission to use in perpetuity, without compensation
and without restriction (including a worldwide, transferable, perpetual, royalty-free,
fully paid-up license), your Submissions, including the rights to: copy, distribute,
transmit, publish, publicly display, use, publicly perform, reproduce, edit, translate,
reformat, modify, and prepare derivative works of your Submissions; and to publish
your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions. IB is
under no obligation to post or use any Submission you may provide. By posting, uploading,
inputting, providing, or submitting your Submissions, you represent and warrant
that you own or otherwise control all of the rights to your Submissions as described
in these Conditions of Use, including all the rights necessary for you to provide,
post, upload, input, or submit the Submissions.
Monitoring. IB has no obligation to monitor the Interaction Services,
the Submissions, or any other aspect of the Site. However, IB reserves the right
to review the Submissions and any other materials posted to an Interaction Service
and to edit, refuse to post, and remove any Submission or such other materials in
IB’s sole discretion (regardless of the reason). IB assumes no liability relating
to IB’s monitoring, editing, or removal acts or omissions. IB does not guarantee
the accuracy, integrity, or quality of any Submissions or other user content or
that the Site will be entirely free of illegal, offensive, threatening, abusive,
hateful, libelous, defamatory, pornographic, or otherwise inappropriate material
or that users of the Site will not encounter in appropriate or illegal conduct from
You represent and warrant the following:
- (i) you are at least 18 years of age, (ii) your use of the Site is legal in, and
does not violate any laws or rules of, the jurisdiction(s) in which you reside or
from which you use or otherwise access the Site, (iii) all information (if any)
provided by you to IB is correct, (iv) you possess the legal right and ability to
enter into these Conditions of Use and to use the Site in accordance with these
Conditions of Use, (v) your use of the Site shall be in accordance with these Conditions
of Use, and (vi) your use of the Site shall be in accordance with all applicable
laws and regulations.
- You will not (i) use the Site in any manner that could damage, disable, overburden,
or impair the Site or interfere with any other party’s use and enjoyment of the
Site, (ii) obtain, or attempt to obtain, any materials, information, or other content
through any means not intentionally made available or provided for through the Site,
or (iii) circumvent, or attempt to circumvent, any security feature of the
- You have all necessary right and authority to submit the Submissions to IB.
If the Site offers any registration functionality, then, in connection with such
functionality, the following will apply: You agree to provide accurate, current,
and complete information about yourself as you may be asked in the registration
questionnaire or from time to time. You also agree to maintain the security of your
password and identification information and not provide such to another other person
or entity. You are fully responsible for all use of your registration and access
to the Site and for any actions that take place through your registration or access
to the Site. You must also maintain and promptly update personal data that you provide
to IB to keep such data accurate, current, and complete, including any personally
identifiable information that you provide IB during the registration process, such
as your full name, email address, mailing address, your gender, telephone number,
and credit card number.
Termination of Access
IB reserves the right to terminate your access at any time (for any reason or for
no reason). In particular, and without limitation, IB may terminate your access
upon your non-compliance with these Conditions of Use or if you violate IB’s rights
or the rights of any other party.
You agree to indemnify, defend, and hold IB and IB’s owners, partners, shareholders,
members, managers, directors, officers, employees, agents, information providers,
suppliers, agents, and attorneys harmless from any and all liabilities, losses,
claims, and expenses, including reasonable attorney’s fees, related to your (i)
failure to comply with any of these Conditions of Use or (ii) use of the Site (including
third party claims relating to your Submissions or information or content downloaded
by you from the Site). IB has no duty to reimburse, defend, indemnify, or hold you
harmless resulting from, relating to, or arising out of, these Conditions of Use
or the Site or your use of the Site.
THE INFORMATION, CONTENT, AND SERVICES PROVIDED THROUGH THE SITE (INCLUDING THE SITE
CONTENT, THE INTERACTION SERVICES, AND THE SUBMISSIONS) ARE PROVIDED “AS IS” AND
WITHOUT WARRANTY. IB DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR
A PARTICULAR PURPOSE. IB DOES NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE. IB DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE
OF THE SITE. IN NO EVENT WILL IB BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, INCLUDING
USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR ACCOUNT
ALL INFORMATION, CONTENT, AND SERVICES PROVIDED THROUGH THE SITE (INCLUDING THE SITE
CONTENT, THE INTERACTION SERVICES, AND THE SUBMISSIONS) ARE SUBJECT TO CHANGE AT
ANY TIME WITHOUT NOTICE AND REPRESENTS NO COMMITMENT ON IB’S PART IN THE FUTURE
TO MAINTAIN OR CHANGE SUCH INFORMATION, CONTENT, OR SERVICES OR TO PROVIDE THE SITE.
ALTHOUGH THE SITE CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT-OF-DATE
AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. IB DOES NOT MAKE ANY REPRESENTATION
OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS
OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY IB.
IB IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE
SITE OR OTHERWISE USE OR RECEIVE INFORMATION, CONTENT, OR SERVICES FROM OR REGARDING
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL IB OR ANY OF IB’S AFFILIATES
BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND (INCLUDING COMPENSATORY DAMAGES, LOST
PROFITS, LOST DATA, OR ANY FORM OR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT, PRODUCT
LIABILITY, OR OTHERWISE) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
SITE, THE SITE CONTENT, THE INTERACTION SERVICES, OR THE SUBMISSIONS. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT IB AND IB’S AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, INCLUDING OFFENSIVE CONTENT OR OFFENSIVE
CONDUCT. IF YOU ARE DISSATISFIED WITH ANY SITE CONTENT, OR WITH ANY OF THIS AGREEMENT’S
TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE. IN ADDITION TO THE FOREGOING LIMITS, IN NO EVENT WILL IB’S OR ANY OF IB’S
AFFILIATES’ AGGREGATE LIABILITY EXCEED $100. THE EXISTENCE OF MORE THAN ONE CLAIM
WILL NOT EXPAND THESE LIMITS. IN NO EVENT MAY YOU BRING A CLAIM OR CAUSE OF ACTION
AGAINST ANY IB OR ANY AFFILIATE OF IB MORE THAN TWO YEARS AFTER THE CLAIM OR CAUSE
OF ACTION AROSE.
The Site may contain links to other websites not owned or operated by IB. IB is
not responsible for, and disclaims any liability with respect to, the content, accuracy,
or opinions expressed in such websites, and IB does not investigate, monitor, or
check such websites for accuracy or completeness. Inclusion of any linked website
on the Site does not imply IB’s approval or endorsement of the linked website or
the products, services, or information available at or from such linked website.
If you decide to leave the Site and access these third-party sites, you do so at
your own risk. Specifically, you will be subject to such third-party sites’ privacy
You may not create an Internet “link” to the Site or “frame” or “mirror” any Site
Content without IB’s prior written permission for each such instance. Additionally,
the Site may contain links to other pages within the Site that are “dead” or that
no longer work. Please report any such dead-links that you encounter.
These Conditions of Use shall be governed by, and construed and enforced in accordance
with, the laws of the state of Texas, without regard to Texas’ conflicts of law
principles. All legal proceedings arising out of, or in connection with, these Conditions
of Use shall be brought solely in a court of competent jurisdiction located in Dallas
The provisions of these Conditions of Use are severable, and in the event any provision
of these Conditions of Use is determined to be invalid or unenforceable, such invalidity
or unenforceability shall not in any way affect the validity or enforceability of
the remaining provisions. IB’s waiver of a breach of any provision of these Conditions
of Use by you shall not operate or be construed as a waiver by IB of any subsequent
breach by you.
A printed version of these Conditions of Use and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon, or
relating to, these Conditions of Use to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that these Conditions of
Use and all related documents be drawn up in English as spoken in the United States.
You may not assign these Conditions of Use (or delegate your rights, duties, or
obligations under these Conditions of Use) without IB’s prior, express, and written
If you are aware of any violations of these Conditions of Use or if you have any
questions or comments regarding these Conditions of Use, please contact us at: CustomerService@InterstateBatteries.com.
All trademarks, service marks, and trade names displayed on the Site are proprietary
to IB or IB’s licensors, all of which are the property of their respective owners.
Any notices or communications to be given under this Agreement by you to IB shall
be deemed to have been duly given if given in writing and sent by certified mail,
postage prepaid with return receipt requested, in each case, at the following addresses:
Interstate Batteries, 12770 Merit Drive, Suite 1000 Dallas, TX 75251, Attention:
“Office of the General Counsel”.