Thank you for visiting this website (the “Site”), which belongs to Interstate Batteries® (“we”, “ours” or “us”). 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 or using of any of the web pages on the Site) constitutes your legal agreement to be bound by these Conditions of Use. If you do not agree to these Conditions of Use, you may not access or use the Site. These Conditions of Use expressly supersede prior agreements or arrangements with you regarding the use of the Site.
We are constantly changing and improving our services, thus we reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Conditions of Use at any time. When we make any significant updates to these Conditions of Use, we will post a notice in a prominent place on our website for a period of thirty (30) days to make you aware of the changes that have been made. For ease of reference, we will also indicate when the most recent version of these Conditions of Use took effect. By your continued use of the Site, you consent to the revised terms of our Conditions of Use. You should read these Conditions of Use periodically for changes. If you use the Site after we post 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, your sole and exclusive remedy is to discontinue using the Site immediately.
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND INTERSTATE BATTERIES CAN BE BROUGHT, INCLUDING THE ARBITRATION AGREEMENT (SEE THE “DISPUTES” SECTION BELOW). PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH INTERSTATE BATTERIES ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED IN THE “DISPUTES” SECTION BELOW). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
The Site is designed to provide you with many functions, including the ability for you to browse the Site for informational purposes; receive services and products rendered by us that facilitate your connection to independent third parties, including, but not limited to, our distributor network of wholesale warehouses, distributors, and dealers, for the purchase, reservation, or delivery of goods or services; and related content or services, including, but not limited to, payment processing and customer support. 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, us and our 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. Nothing in these Conditions of Use or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part.
Limited Right to Use. We grant, 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 may 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 ours and our licensors our possession.
We reserve the right to make changes to our product listings, product and service offerings, and product and service pricing without notice. Errors, inaccuracies, or omissions related to product or service descriptions, prices, and technical specifications on the Site will be corrected per our discretion. The products and services listed on the Site may not be offered consistently across all authorized Interstate Batteries’ distributor network of wholesale warehouses, distributors, and dealers, and the pricing associated with such products may vary throughout Interstate Batteries’ distributor network of wholesale warehouses and dealers. Please visit or call the location of one of our dealers for specific product availability and pricing.
You may be required to register with us in order to access certain services or areas of the Site. 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 represent and warrant the following:
You understand that use of the Site and its services may result in charges to you for the services or goods you receive ("Charges"). Interstate Batteries will enable your payment of the applicable Charges for services or goods obtained through your use of the Site. Charges will include applicable taxes where required by law. Charges may include other applicable fees, product return fees, cancellation fees, estimated or actual tolls, and/or surcharges. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.
All Charges and payments will be enabled by Interstate Batteries using the preferred payment method designated in your account, after which you will receive a receipt. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Interstate Batteries may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Interstate Batteries.
As between you and Interstate Batteries, Interstate Batteries reserves the right to establish or adjust charges for any or all services or goods obtained through the use of the Site at any time. Interstate Batteries will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Site, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Site or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may elect to cancel your request for goods or services at any time prior to the commencement of the fulfillment or delivery of such goods or services, in which case you may be charged a cancellation fee on a third party’s behalf.
With respect to third parties, Charges you incur will be owed directly to third party, and Interstate Batteries will collect payment of those charges from you, on the third party’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the third party. This payment structure is intended to fully compensate a third party, if applicable, for the services or goods obtained in connection with your use of the Site. There also may be certain Charges you incur that will be owed and paid directly to Interstate Batteries or its affiliates. Even if not indicated on the Site, you understand that the prices for product or service items displayed through the Site may differ from the prices offered or published by third parties for the same product or services and/or from prices available at other third party websites/mobile applications or stores. Prices for product or services items displayed through the Site may not be the lowest prices at which the product or services are sold.
If you think a correction should be made to any Charge you incurred, you must let Interstate Batteries know in writing within 30 days after the Charge took place or Interstate Batteries will have no further responsibility and you waive your right to later dispute the amounts charged.
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Conditions of Use. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Conditions of Use, whether on behalf of yourself or on behalf of any third party.
By way of example, and not as a limitation, you agree that when using any portion of the Site, you will not:
We reserve the right to terminate your access at any time (for any reason or for no reason). In particular, and without limitation, we may terminate your access upon your non-compliance with these Conditions of Use or if you violate our rights or the rights of any other party.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Conditions of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
You agree to indemnify, defend, and hold us and our affiliates, and their respective 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 content downloaded by you from the Site). We have 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) ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SITE. IN NO EVENT WILL WE 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 OUR 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. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY US.
WE ARE 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.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE AND ITS SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE DO NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMTIED TO OUR DISTRIBUTOR NETWORK OF INDEPENDENT WHOLESALE WAREHOUSES, DISTRIBUTORS, AND DEALERS. THIRD PARTY PROVIDERS ARE NOT AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF US.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR ANY OF OUR 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 OR THE SITE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE AND OUR 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 WE OR ANY OF OUR 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 US OR ANY AFFILIATE OF OURSMORE THAN TWO YEARS AFTER THE CLAIM OR CAUSE OF ACTION AROSE.
You may not create an Internet “link” to the Site or “frame” or “mirror” any Site Content without our 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 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. Ours 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 our 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 us and our 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”.