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CONDITIONS OF USE

IMPORTANT—PLEASE READ

Conditions of Use

Acceptance

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, 2012.

 

Purpose

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.

 

Privacy

IB’s Privacy Policy is incorporated into, and made a part of, these Conditions of Use.

 

Limited License

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.

 

Sales Tax

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.

 

Order Processing

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.

 

Order Limitations

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.

 

Conduct/Content

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 comments.

  • 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 others.

User Representations

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.

 

Registration

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.

 

Indemnification

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.

 

Disclaimers

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 (IF ANY).

 

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 THE SITE.

 

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.

 

Links

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 policies, which may be different than IB’s privacy policy.

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.

 

Miscellaneous

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 County, Texas.

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 consent.

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”.

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