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Terms of Use
This website (the "Site") is owned and operated by DRiV LLC ("F-M Motorparts"). By using the Site, you agree to abide by these Terms of Use. If you do not agree, do not use the Site.
MODIFICATION OF THESE TERMS OF USE
F-M Motorparts may amend these Terms of Use and/or our Privacy Policy from time to time by posting the amended Terms of Use and/or Privacy Policy on the Site. Any amendments to these Terms of Use and/or the Privacy Policy shall be effective immediately on posting. Your continued use of the Site following posting of amended Terms of Use and/or Privacy Policy constitutes your acceptance of the posted amendment.
PRIVACY
Click here to review our Privacy Policy which also governs your use of the Site.
USE OF MATERIALS
All material on the Site, including, without limitation, all text, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, files, documents, images, software code, applications data or other materials (collectively, the "Materials"), including but not limited to the compilation of such Materials on the Site, are owned by F-M Motorparts, its parents, its subsidiaries, its affiliated companies or other parties that have licensed their material to F-M Motorparts, and are protected by U.S. and international copyright, trademark, and other intellectual property and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without F-M Motorpart's express prior written consent. You may not use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Site or Materials, or circumvent any mechanisms included in the Materials for preventing the unauthorized reproduction or distribution of the Materials.
All rights not expressly granted in these Terms of Use by F-M Motorparts are reserved by F-M Motorparts and/or its licensors.
TRADEMARKS
F-M Motorparts' names, brands, slogans and logos are trademarks and service marks owned by F-M Motorparts or are used under license by F-M Motorparts (the "F-M Motorparts Marks"). All other trademarks and service marks on the Site are the property of their respective owners. You are not authorized to use any F-M Motorparts Mark without the prior written consent of F-M Motorparts.
USER SUBMISSIONS
By submitting, sending or otherwise making available information or other material on or through the Site ("Submission"), you grant to F-M Motorparts the royalty-free, unrestricted, world-wide, perpetual, irrevocable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submission (in whole or part) worldwide and/or to incorporate it in other works, in any form, media, or technology now known or later developed and warrant that you own or control the rights to the Submission and that you have all necessary rights to submit, send or otherwise make available the Submission and grant such right and license to F-M Motorparts. You also grant to F-M Motorparts the right to use the name that you submit in connection with such Submission, your social media handle or ID, profile picture, image or likeness. You acknowledge that any "moral rights" you have in such Submission have been waived. All Submissions may be used at F-M Motorparts' sole discretion. F-M Motorparts reserves the right to remove or to refuse to post any Submission for any reason. All Submissions will be treated as non-confidential.
MATERIALS AND WARRANTY DISCLAIMER
THIS SITE, THE INFORMATION, MATERIALS AND OPERATION OF THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE. FM MOTORPARTS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR BE OF SATISFACTORY QUALITY, ACCURATE, AND TIMELY. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. Materials on the Site may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into the Materials. F-M Motorparts does not warrant the accuracy or completeness of the Materials and content contained in the Site and reserves the right to correct any errors or omissions to Site content at any time without notice and without obligation to the users of this Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FM MOTORPARTS, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, EXCEPTIONAL DAMAGES, PUNITIVE DAMAGES OR NOMINAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS CONTAINED IN THIS WEB SITE WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF FM MOTORPARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
INDEMNITY
You agree to indemnify, defend and hold harmless F-M Motorparts, its parents, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, employees and agents for, from, and against any claims, demands, obligations, liabilities, losses, costs, damages, fines, and expenses, including reasonable attorneys' and consultants' fees and expenses, made against F-M Motorparts by any third party due to or arising out of or in connection with your use of the Site, including without limitation, any Submissions.
THIRD PARTY SITES
Any links to websites of third parties are provided solely as a convenience to the users of the Site and the inclusion of any link does not imply endorsement by F-M Motorparts of the linked website or any association with its operators. F-M Motorparts makes no warranty or representation as to the content of any such third party websites and shall have no liability in connection with the use of such websites. If you decide to visit any linked website, you do so at your own risk.
INTERNATIONAL USERS & APPLICABLE LAW
This site is created and controlled by F-M Motorparts in the state of Michigan, U.S.A. You may not use the site or export the materials in violation of U.S. export laws and regulations. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.
The use of this website and the construction of these terms and conditions shall be governed by the laws of the state of Michigan, U.S.A., without giving effect to any principles of conflicts of law. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. By using this site, a user consents and agrees to submit to the personal and exclusive jurisdiction of the State of Michigan, USA, and that all disputes and matters whatsoever which arise in connection with the use of this website shall be litigated, if at all, in and before a court located in the State of Michigan, USA, to the exclusion of the Courts of any other state or country.
ENTIRE AGREEMENT
These Terms of Use and the Privacy Policy constitute the entire agreement between you and F-M Motorparts with respect to your use of the Site, and supersede all prior agreements between the parties, whether written or oral, relating to your use of the Site.