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Conditions of Use

Acceptance

Thank you for visiting this website (the “Site”), which belongs to Interstate Batteries® (“we”, “ours,” “us” or “Interstate”). 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. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Conditions of Use, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Conditions of Use, and any reference to these Conditions of Use includes the Additional Terms. 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 endeavor to 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.

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.

IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND INTERSTATE 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 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.

These Conditions of Use were last changed on March 16, 2022.

Purpose

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, franchisees, and dealers (each, a “Store”), 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.

Privacy

Your privacy is important to us. Our 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, 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 NONCOMMERCIAL PURPOSES ONLY (and never in a multi-level marketing capacity or managed services environment) and only to the extent such use does not violate these Conditions of Use. 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. The Site is not intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Your Use of the Site

You may be required to register with Interstate to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the username you request.

You certify that the content you provide on or through the Site is accurate and that the information you provide on or through the Site is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. You also agree to not provide such information 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. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that we are not a party to any such agreement, nor are we responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (i) change, restrict access to, suspend, or discontinue the Site or any portion of the Site, and (ii) charge, modify, or waive any fees required to use any services, functionality, or other content available through the Site or any portion of the Site.

Errors and Product Availability

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 Stores, and the pricing associated with such products may vary among Stores. Please visit or call the location of one of our Stores for specific product availability and pricing.

Order Pickup and Delivery

Some products offered on the Site are available for pickup at a Store or delivery to a specified location. Not all items are available for these services nor is the pickup service or delivery service available at all Stores.

For product pickup and delivery, Interstate will authorize your payment card for your order amount and the final total will be shown in your account and provided via email upon order placement. The store you ordered from will notify you if an item is unavailable.

For product delivery, the products will be delivered to the delivery location identified on your order.

For product pickup, you will need to present a valid government-issued ID to pick up such products.

For pickup and delivery orders, title to the goods purchased by you and the related risk of loss on these items passes to you upon pickup or delivery of the items to the location identified on the order. We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. Neither Interstate nor the Store will be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.

Interstate reserves the right to limit the days of the year and daily hours that these services are offered.

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) 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, (iv) your use of the Site shall be in accordance with these Conditions of Use, and (v) 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 Site.
  • You have the legal right to use any payment card(s) or other payment method(s) utilized in connection with any purchase of any product or service made available through the Site including items sold by Interstate or a Store (each such purchase, a "Transaction").
  • User Transactions

    By submitting certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping or pickup information, you grant to Interstate the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf, including, but not limited to, Stores and third-party payment processors engaged by Interstate (each, a “Provider”). Verification of information may be required prior to the acknowledgment or completion of any Transaction. Interstate cannot confirm the price or availability of an item until after your order is placed. Once you have placed an order for pickup or delivery, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.

    All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Interstate and its Stores reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

    Interstate, a Provider, a Store, or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

    By purchasing a product that will be picked up or delivered by a Store, you acknowledge that such orders will be fulfilled by the third-party Store and not Interstate. The Store (and not Interstate) will be responsible for all processing, delivery, shipping, and product pickup related to such order.

    Payment

    You understand that use of the Site and its services may result in charges to you for the services or goods you receive ("Charges"). By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products and services, as well as all shipping and handling charges and applicable taxes. Interstate 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.

    You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us, or our Provider, must be truthful and accurate. By providing payment card information to us or our Provider, you authorize Interstate and our Provider to store and use the card as a payment method for purchases made through your account, including on Interstate affiliated sites and properties which you access via your account credentials. All Charges and payments will be enabled by Interstate or Provider 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 or Provider 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.

    Prior to accepting an order, we, or our Provider, may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we, or our Provider, will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

    As between you and Interstate, Interstate reserves the right to establish or adjust charges for any or all services or goods obtained using the Site at any time. Interstate 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 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.

    With respect to orders placed for pickup at or delivery by a Store, Charges you incur will be owed directly to the Store, and Interstate or Provider will collect payment of those charges from you, on the Store’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 Store. This payment structure is intended to fully compensate the Store, 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 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 (including, but not limited to, Stores) 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 know in writing within 30 days after the Charge took place or Interstate will have no further responsibility and you waive your right to later dispute the amounts charged.

    Store Policies and Returns

    By purchasing a product from any of our Stores, you acknowledge that all Store orders will be fulfilled by the third-party Store and not by Interstate. The Store (and not Interstate) will be responsible for all processing, shipping, and returns. Products purchased from a Store can only be returned to that Store in accordance with its return policy. Return policies may vary among Stores and items may only be returned it in accordance with the applicable Store’s return policy. If you would like more information about returning a product, please contact such Store for additional information. Store contact information can be found at on InterstateBatteries.com.

    Limitations on Quantity

    Interstate does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Interstate reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

    Colors

    Interstate strives to display as accurately as possible the colors of the products shown on the Site; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

    Availability, Errors & Inaccuracies

    If an item is out of stock, Interstate or a Store, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Interstate or a Store, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity or with updated product packaging.

    Interstate makes a conscientious effort to describe and display products and services accurately on the Site. Despite these efforts, some items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items sold by Stores. Interstate and its Stores reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. Stores may have different shipping or pickup procedures and processes in place for item availability and price adjustments.

    Rules for Promotions

    Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Conditions of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Conditions of Use, the Promotion rules will apply.

    Unlawful or Prohibited Uses

    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:
  • 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, email, 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 our databases or engage in any data gathering, mining, or extraction methods for any purpose.
  • Incorporate data from any of our databases into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without our 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).
  • Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited email, 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.
  • Restrict or inhibit any other user from using and enjoying any portion of the Site.
  • Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not).
  • Harvest or collect personally identifiable information about other users of the Site.
  • Violate any Additional Terms, code of conduct or other guidelines that may be applicable for any portion of the Site.
  • Harvest or otherwise collect information about others, including, but not limited to, email addresses, without their prior, express, and written consent.
  • Violate any applicable laws, rules, or regulations or rights, including intellectual property, privacy, or publicity rights.
  • Termination of Access

    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.

    Indemnification

    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 Additional Terms, 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.

    Disclaimers

    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 LIMITED TO OUR STORES OR PROVIDER. THIRD PARTY PROVIDERS ARE NOT AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF US.

    Limitation of Liability

    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.

    Disputes

    By using this site you agree that any dispute or claim relating in any way to your use of our site, data security or data privacy rights will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

    To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent CT Corporation System, 1999 Bryan Street, Ste. 900, Dallas, TX 75201. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    Links

    The Site may contain links to other websites not owned or operated by us and interactive functionality interacting with third parties, including social media applications, payment processors, and product manufacturers' applications. We are not responsible for, and disclaim any liability with respect to, the content, accuracy, functionality, action, inactions, or opinions expressed in such websites, and we do not investigate, monitor, or check such websites for accuracy or completeness. Inclusion of any linked website on the Site does not imply our 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 our privacy policy, including, but not limited to, Provider’s terms and privacy policy for your payment for goods and services on this Site are also subject to. Other applications may link to the Site with or without our authorization, and we may block any links to or from the applications, in our sole discretion.

    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.

    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. 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 Interstate 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”.