By using this site, you signify that you have read these Terms and Conditions of Use and that you assent to these terms and conditions of use. If you do not agree to follow each of the terms and conditions of use, do not use Majestic Parts Online™.
Majestic Parts Online™ reserves the right to update these terms and conditions at any time. Your continued use of the Majestic Parts Online™ website will mean that you accept those changes.
As used herein, the Site is an online retailer of original equipment manufacturer (OEM) automotive parts for various brands of automobiles. Please see the links at the footer of this Site for the brand of automobile you have.
Use of Content
The Site and its features are subject to change or terminate without notice in the editorial discretion of Majestic Parts Online. If you violate any of these terms and conditions, your permission to use the Site shall be terminated by Majestic Parts Online™.
No Reproduction of Materials
The content of the Site is protected under state and federal copyright and trademark law. By accessing the Site, you do not obtain any ownership interest in the Site or rights to the content on the Site, nor are you permitted to create any derivative works of the content. All rights to the Site, content of the site, the content or material thereon is owned by Majestic Parts Online™. Any attempt to copy it automatically terminates the permission or license granted by us hereunder. Copyright and trademark infringement are violations of federal and state law, and are subject to criminal and civil penalties.
Liability of Majestic Parts Online™
The use of the Site is at your own risk. When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Majestic Parts Online™. Accordingly, Majestic Parts Online assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
The Site is provided on an “as is” basis. Majestic Parts Online™ and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. Specifically, Majestic Parts Online™ makes no representations or warranties about the thoroughness or effectiveness of the Site, any product sold or offered through the Site or any automobile manufacturer. Majestic Parts Online™ cannot guarantee the automotive parts. Majestic Parts Online cannot guarantee the installation of the part. Majestic Parts Online cannot guarantee the function of the automobile into which the part is installed. Majestic Parts Online™ cannot guarantee that the automotive part purchased is the correct part for your automobile. Majestic Parts Online™ cannot guarantee that the Site will work exactly as you anticipate.
In no event, shall Majestic Parts Online™, its licensors or any third parties mentioned on the Site be liable for any damages (including without limitation, property damage, theft, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the Site use or inability to use the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not Majestic Parts Online™ is advised of the possibility of such damages. Majestic Parts Online™ is not liable for any property damage, personal injury, including death, caused by the use or misuse of Site. Any claims arising in connection with your use of the Site must be brought within one year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
No Unlawful or Prohibited Use/Intellectual Property
All content included as a part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Majestic Parts Online™ and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Majestic Parts Online content is not for resale. Your use of the Site does not entitle you to compete with the site or make any unauthorized use of the Site or of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without express written permission of Majestic Parts Online™. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Majestic Parts Online or our licensors except as expressly authorized by these terms and conditions.
You may not transfer or copy or display content of the Site. In addition, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site to any third party. You may not remove any proprietary notices. You may not attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Site or use the Site for any commercial or illegal purpose.
Visiting the Site or using the Site and sending emails or text messages within the Site constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Majestic Parts Online™ does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
In consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of these terms and conditions:
Majestic Parts Online™ reserves the right but is not obligated to do any or all of the following:
Majestic Parts Online™ reserves the right to take any action it deems necessary to protect the personal safety of our users or the public. Majestic Parts Online™ has no liability or responsibility to users of the Site or any person or entity for performance or nonperformance of the aforementioned activities.
Advertising and Links to Other Sites
Majestic Parts Online™ does not endorse the content of any third party web site. Majestic Parts Online™ is not responsible for the content of links, third-party sites, sites framed within the Majestic Parts Online™ Site or third-party advertisements and does not make any representations regarding their content or accuracy. Your use of third party websites is at your own risk. Majestic Parts Online™ does not endorse any product advertised on the Majestic Parts Online™ Site.
You acknowledge that Majestic Parts Online™ does not manufacture
automobile parts. The Majestic Parts Online™ Site may be used by you to
purchase automobile parts and as applicable, resell such parts and you
agree that Majestic Parts Online™ has no responsibility or liability to
you related to any installation or effectiveness of the parts provided
to you through the use of the Site other than as expressly set forth in
these Terms and Conditions of use.
Majestic Parts Online™ does not guarantee the effectiveness, thoroughness, suitability, safety, or ability of the product purchased. It is the responsibility as a consumer to determine if an automotive part meets your needs and to install it correctly. Majestic Parts Online™ will not participate in disputes between or among mechanic, body shop, and automobile owner. By using the Site, you acknowledge that you may be exposed to situations as automobile owners that are potentially unsafe to you, your family members, your personal property, and that use the Site is at your own risk and judgment. Majestic Parts Online™ shall not have any liability arising from or in any way related to your transactions or relationships by and between mechanics, auto dealers, and automobile owners.
Subject to your compliance with these Terms, Majestic Parts Online grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and use the Site for its intended purpose.
You may not:
User Requirements and Conduct
You may not authorize Third-Parties to use your Site Account, and you may not allow persons under the age of 18 to use the Site. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Site, and you may you only use the Site for lawful purposes. You will not use of the Site for an illegal, immoral purpose, to cause nuisance, annoyance, inconvenience or property damage. In certain instances Majestic Parts Online may require you to provide proof or identity to access or use the Site, and you agree that you may be denied access or use of the Site if you refuse to provide proof of identity.
User Provided Content
Majestic Parts Online™ may, in Majestic Parts Online™’s sole discretion,
permit you from time to time to submit, upload, publish or otherwise
make available to Majestic Parts Online™ by email, through the Site,
audio, and/or visual content and information, including commentary and
feedback related to the Site, initiation of support requests, comments,
questions, and concerns. Any user content provided by you remains your
property. By providing user content to Majestic Parts Online™, you grant
Majestic Parts Online™ a worldwide, perpetual, irrevocable,
transferrable, royalty-free license, with the right to sublicense, to
use, copy, modify, create derivative works of, distribute, publicly
display, publicly perform, and otherwise exploit in any manner such user
content in all formats and distribution channels now known or hereafter
devised (including in connection with the Site and Majestic Parts
Online’s business and on third-party sites), without further notice to
or consent from you, and without the requirement of payment to you or
any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all user content or you have all rights, licenses, consents and releases necessary to grant Majestic Parts Online™ the license to the user content as set forth above; and (ii) neither the user content nor your submission, uploading, publishing or otherwise making available of such user content nor Majestic Parts Online™’s use of the user content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide user content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Majestic Parts Online™ in its sole discretion, whether or not such material may be protected by law. Majestic Parts Online™ may, but shall not be obligated to, review, monitor, or remove user content, at Majestic Parts Online™’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Site. Your mobile network’s data and messaging rates and fees may apply if you access or use the Site from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and applications and any updates thereto. Majestic Parts Online™ does not guarantee that the Site, or any portion thereof, will function on any particular hardware or devices. In addition, the Site may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. Majestic Parts Online™ is not responsible for any ramifications of such malfunctions or delays.
You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the services (collectively, “disputes”) will be settled by binding arbitration between you and Majestic Parts Online™, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Majestic Parts Online™ are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Majestic Parts Online™ otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “dispute resolution” section will be deemed void. Except as provided in the preceding sentence, this “dispute resolution” section will survive any termination of these terms.
Arbitration Rules and Governing Laws
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the commercial arbitration rules and the supplementary procedures for consumer related disputes (the “AAA rules”) then in effect, except as modified by this “dispute resolution” section. (the AAA rules are available at WWW.ADR.ORG/ARB_MED or by calling the AAA at 1-800-778-7879.) The federal arbitration act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA rules. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then the AAA will appoint the arbitrator in accordance with the AAA rules.
Arbitration Location and Procedure
Unless you and Majestic Parts Online™ otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Majestic Parts Online™ submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA rules. Subject to the AAA rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “limitation of liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Majestic Parts Online will not seek, and hereby waives all rights Majestic Parts Online may have under applicable law to recover, attorneys’ fees and expenses if Majestic Parts Online™ prevails in arbitration.
Choice of Law
These Terms are governed by and construed in accordance with the laws of
the State of Rhode Island, U.S.A., without giving effect to any conflict
of law principles.
These Terms and Conditions are governed by the laws of the State of Rhode Island, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Complete Agreement, Except as Expressly Provided in a Particular “Legal Notice” on the Majestic Parts Online™ Site. These Terms and Conditions constitute the entire agreement between you and Majestic Parts Online™ with respect to the use of the Majestic Parts Online Site. Your use of the Majestic Parts Online™ site is also subject to the Majestic Parts Online™ disclaimers and policies posted herewith.
Except as Expressly Provided in a Particular “Legal Notice” on the Majestic Parts Online™ Site
These Terms and Conditions constitute the entire agreement between you
and Majestic Parts Online™ with respect to the use of the Majestic Parts
Online Site. Your use of the Majestic Parts Online™ site is also subject
to the Majestic Parts Online™ disclaimers and policies posted herewith.
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