Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
PROFESSIONAL SERVICES DISCLAIMER
EXCLUSION OF LIABILITY
COPYRIGHT AND TRADEMARK
APPLICABLE LAW AND VENUE
1. BINDING AGREEMENT By accessing this Website, you agree that these Terms and Conditions form a binding agreement between you, Swier Tire Co (“Swier Tire”) and the National Automotive Parts Association Store (“NAPA® Store”). If you do not wish to be bound by these Terms and Conditions, do not use this Website. Swier Tire reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view the Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.
2. PROFESSIONAL SERVICES DISCLAIMER The content of this Website, such as text, graphics, images, information obtained from Swier Tire’s manufacturers, suppliers and other entities, and other material (collectively, “Content”) is for informational purposes only. Any information furnished on this Website is not intended nor implied to be automotive advice and is not intended to replace personal consultation with a qualified automotive service technician, mechanic or similar automotive professional.
Swier Tire and NAPA® Store have not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. Swier Tire and NAPA® Store do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL Swier Tire OR NAPA® Store BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.
3. NO WARRANTIES You acknowledge that the information on this Website is provided “AS IS” for general information only. Swier Tire AND NAPA® Store DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. Swier Tire reserves the right to change or discontinue at any time any aspect or feature of this Website.
4. EXCLUSION OF LIABILITY IN NO EVENT SHALL Swier Tire, NAPA® Store, THEIR LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH OR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT Swier Tire IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that in connection with the Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of Swier Tire and its suppliers. Accordingly, Swier Tire and NAPA® Store assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website.
Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event giving rise to such action or be forever barred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
5. COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY RIGHTS The Content consists of copyrighted works proprietary to Swier Tire, NAPA® Store, their licensors or suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: “Copyright © 1999 Swier Tire Company. All Rights Reserved” and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible Swier Tire materials not expressly granted herein are expressly reserved to Swier Tire. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
NAPA® Store, NAPA® Store AUTO PARTS, NAPA® Store The Parts Store, the NAPA® Store sixagon logo, the sixagon design, NAPA® Store Autocare Center and We Keep America Running are trademarks of the National Automotive Parts Association. All product and service names, logos and symbols used and displayed on this Website are registered and unregistered trademarks of NAPA® Store and others. Nothing on this Website shall be construed as granting, by implication, estopple or otherwise, any license or right to use any trademark displayed on this Website without the prior written permission of the trademark owner. NAPA® Store’s trademarks may not be used in connection with any product or service that is not associated or affiliated with NAPA® Store, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits NAPA® Store or the trademark.
6. POSTING You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant–or warrant that the owner of such content has expressly granted—Swier Tire a royalty free, perpetual, irrevocable, world wide nonexclusive license to include the work on this Website (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed).
7. LINKS Swier Tire may provide links on the Website, via advertising and otherwise, to other websites that are not under the control of Swier Tire. Swier Tire does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and Swier Tire and NAPA® Store are not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against Swier Tire and NAPA® Store regarding our inclusion of such links to third party websites or your use of those websites.
8. APPLICABLE LAW AND VENUE By accessing this Website, you, Swier Tire and NAPA® Store agree that the statutes and laws of the State of Georgia, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You, Swier Tire and NAPA® Store also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of Georgia, with respect to such matters. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws.
9. SEVERABILITY If any provision of these Terms and Conditions is 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.
10. SURVIVAL The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, Survival, Indemnification, Subscriber Agreement, and Complete Agreement.
11. WAIVER Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
12. INDEMNIFICATION In consideration of Swier Tire allowing you to visit and use the NAPA® Store website, you agree to defend, indemnify and hold harmless the National Automotive Parts Association, its member companies, and their divisions, subsidiaries, parents, affiliates, partners, chains, and their respective past, present and future officers, directors, stockholders, trustees, employees, agents, insurers, servants, managers, estates, predecessors and/or successors in interest, representatives, assigns, attorneys and all other persons, firms, or corporations with whom any of the forgoing may have been, are now, or may thereafter be affiliated (collectively “Releasees”), from any and all claims, charges, injuries (including, but not limited to, death), actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages (including special, general, incidental, consequential, or other damages), judgments, agreements, promises, demands, claims for fees and costs, or liabilities whatsoever, in law or equity, arising out of or relating to your use (lawful or unlawful) of the NAPA® Store website or the Content, your breach of any of the Terms and Conditions set out herein, your use of any linked websites reached through NAPA® Store, your inability to access the NAPA® Store website for any reason, your reliance on any errors or omissions on the NAPA® Store website, or your contraction of computer viruses of any nature obtained through your use of the NAPA® Store website or any website accessed through the NAPA® Store website. You agree to defend, indemnify and hold Swier Tire and NAPA® Store, their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (1) your breach of these Terms and Conditions or (2) your unauthorized or unlawful use of this Website or the Content.
13. SUBSCRIBER AGREEMENT These Terms and Conditions govern your general access of and use of the Website, however, your use of any other services offered by Swier Tire or its affiliates is also governed by your agreement with Swier Tire or its affiliates relating to the provision of such services (the “Subscriber Agreement”). You must enter into an independent Subscriber Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Subscriber Agreement, the Subscriber Agreement will control.
14. COMPLETE AGREEMENT Except for the Subscriber Agreement, if any, these Terms and Conditions contain the entire agreement between you, Swier Tire and NAPA® Store relating to your use of this Website. © 2009 – 20010 Swier Tire Company. All Rights Reserved.