To use the Services or purchase Products, you must open an account with us, which means you must register with us on the Website and agree to the terms of this Agreement (thereby creating an “Account”). You must be at least 18 years of age to use the Services or purchase Products. By using our Services or purchasing our Products, you certify that you are at least 18 years of age and that you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement or if you are not at least 18 years of age, please immediately exit the Website.
Your Account and use of the Website is available for your non-commercial, personal use. If you use the Website, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You may not use your Account to create an internet link to any other website without our express written permission, whether or not such link or affiliation is created for commercial use.
2. PRODUCTS; WEBSITE
A. Order and Delivery; Taxes
In addition to the Services, we offer, or may in the future offer, many types of automobi products on our Website (collectively, the “Products”). You can purchase these Products on the Website. All items purchased through us and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier. All shipments are subject to our Shipping Policy located here: http://www.autometaldirect.com/pages.php/page/shipping-returns.html. We reserve the right to refuse or cancel any order. In such event, your sole recourse shall be the return of payments paid by you related to such order.
Items shipped to certain states will be subject to tax. Customers purchasing items are reminded that sales and use tax may be due on purchases of our products and that certain states may require you to file a sales tax return if such taxes are not collected by us. Your purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means.
B. Restrictions on Use of Products and Website
You may use the Website, Services and Products for non-commercial, personal use. You are not permitted to:
Any use of the Website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
C. Manufacturer-Provided Content; Description of Products
We make no representations or warranties as to the accuracy, correctness, originality, source or reliability of the product information obtained from the manufacturer of the Products on the Website (the “Manufacturer-Provided Content”). We rely entirely on the representations and warranties that such persons make to us with respect to the Manufacturer-Provided Content. We attempt to describe our Products offered as accurately as possible. If a Product offered by us and purchased by you is not as described or is defective, your sole remedy is to return it in unused condition within thirty (30) days for a conforming replacement, refund or credit.
D. User-Provided Content
You may NOT post or obtain any content using the Website which is threatening, obscene, pornographic or profane, or any other material that could give rise to any civil or criminal liability under applicable law. Additionally, you may NOT post or obtain any content using the Website that infringes rights of privacy, publicity or copyrights, or otherwise uses content without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material. While we do not and cannot review all content provided to us, and are not responsible for such content, we reserve the right to delete, edit or rearrange content that we, in our sole discretion, deem abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by us. All content provided by a user of the Website is the sole responsibility of that user, and is not our responsibility.
3. COPYRIGHTS; TRADEMARKS
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any Product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the Website is our property or the property of our software suppliers and is protected by international copyright laws.
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by AMD or our affiliated companies that appear on the Website are the property of their respective owners and may or may not be used without their prior written consent.
THE WEBSITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE MANUFACTURER-PROVIDED CONTENT) AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE WEBSITE AND ITS CONTENT AND THE PRODUCTS AND SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE DO NOT WARRANT THAT ACCESS TO THE WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU (AND NOT AMD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY
Neither we, nor our licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits or direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either the Website, the Services or the Products. We are not liable for any damages (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or conformity of the Product.
In the event that you reproduce, display, transmit, distribute or otherwise exploit the Website, Manufacturer-Provided Content, Products or Services, or any portion thereof, in any manner not authorized by us and this Agreement, or if you otherwise infringe any intellectual property rights or any other rights relating to the Manufacturer-Provided Content, Products, Services or the Website, you agree to indemnify and hold us, our subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the Website, Manufacturer-Provided Content, Products or Services and/or your breach or alleged breach of these terms of this Agreement.
7. OWNERSHIP OF THE WEBSITE
All of the Website Content on the Website, including without limitation, the graphics, design, and look and feel is owned by or licensed to us and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. Our logos are trademarks owned by us and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile or otherwise disassemble, or make commercial use of, the software included on the Website. Additionally, you may not claim any affiliation with us or the Website.
8. THIRD-PARTY SOFTWARE
We may make software or applications from our third-party licensors available to you. To download such software, you may be required to agree to the respective software license terms applicable to such third-party software. We do not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party software you download using the Website.
A. Third-Party Links
The Website may provide a link to other sites by allowing the user to leave the Website to access third-party material or by bringing the third-party material into the Website via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the content on a Linked Site. The fact that we have provided a link to a site is not an endorsement or sponsorship of such site, its owners, or its providers. There are inherent risks in relying upon using or retrieving any information found on the internet, and we urge you to make sure you understand these risks before relying upon, or retrieving any such information on a Linked Site. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
B. You May Not Create a Link to the Website
We prohibit caching, unauthorized hypertext links to the Website and the framing of any content available through the Website. We reserve the right to disable any unauthorized links or frames, and specifically disclaim any responsibility for the content available on any other Internet sites linked to the Website. You may not create a link to the Website without our express written permission.
10. INTERNATIONAL USE
We make no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so of their own initiative and are responsible for compliance with local laws.
11. ARBITRATION; GOVERNING LAW
You agree that any dispute, claim or controversy arising hereunder or relating in any way to this Agreement, shall be settled by binding arbitration in Fulton County, Georgia, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Georgia, without giving effect to its conflict of laws rules. The parties hereto hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by any party against another on any matter whatsoever relating to, resulting from, arising out of, or in any way connected with these Terms, or any amendment or breach hereof, including, without limitation, any claim or injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.
You agree that the following will not be subject to arbitration: (a) any dispute over the validity of any party’s intellectual property rights, and (b) any dispute related to or arising from allegations associated with your unauthorized or prohibited use of the Products, Services, the Website or the Website Content.
This Agreement, and your relationship with us under this Agreement, shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the local, state, or federal courts located in Fulton County, Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, you agree that we shall be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
12. DMCA NOTICE
We respect the intellectual property rights of others and require users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Services or via the Website if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.
Our DMCA Copyright Agent to receive notices of infringing material is:
Auto Metal Direct, LLC
RE: DMCA Notice
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (a) description of the copyrighted work that is the subject of claimed infringement, (b) description of the infringing material and information sufficient to permit us to locate the alleged material, (c) contact information for you, including your address, telephone number and/or e-mail address, (d) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law, (e) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed, and (f) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.