TERMS AND CONDITIONS OF USE FOR MIGHTY AUTO PARTS TECH CENTRAL(tm) WEBSITE
Please read carefully these Terms and Conditions of Use (the “Terms and Conditions”) under which you may access and use the Tech Central(tm) web site (the “Site”) operated by MDSA, LLC (the “Company”). Any use of the Site will constitute your acceptance of these Terms and Conditions. If you disagree with any part of the Terms and Conditions then you do not have permission to access the Site. The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Site Access Rights
Permission to access some portions of the Site is granted only to Temporary Users and Registered Users (defined below). To become a Temporary User, a visitor to the Site must fill out and submit an online registration form (“Registration Form”). Upon submitting the Registration Form and clicking the link sent to their registered Email address, the visitor will be granted temporary access to use the Site as a “Temporary User.” The Company, its employees, franchisees and contractors who are engaged in the promotion of the Company and its products and services have seven (7) days either to accept and approve your ongoing access to the Site, or to deny your ongoing access to the Site. Those users approved for ongoing access to the Site shall be referred to as “Registered Users.” The Company reserves the right, in its sole discretion, to approve or disapprove you as a Registered User.
By filling out and submitting a Registration Form to the Company, you represent and warrant to us that all information that you provide to us in connection with such Registration Form is true, correct and complete. You are required to protect the confidentiality of your Site user name and password, and not to share any such information with any third party. You are responsible for all use of the Site accessed with your user name and password. You will use reasonable commercial efforts to prevent unauthorized use of your user name and password and will promptly notify the Company in writing if you suspect that your user name and/or password is lost, stolen, compromised or misused.
The Company is authorized to revoke your right to access the Site at any time, regardless of your status as a Temporary User or Registered User, without any notification to you, if the Company believes you have violated these Terms and Conditions or applicable law. The Company also reserves the right to discontinue the Site and/or cease making available any or all of the Material (defined below) at any time.
Use of Material
The contents of the Site, such as text, graphics, photographs, images, documents and other materials (collectively, the “Material”), are protected by United States copyright and trademark laws. The Company grants you a nonexclusive, nontransferable, limited right to access, use, view and download any Material on the Site, subject to such use standards as the Company may adopt from time to time. Unauthorized use of the Material, or use beyond the scope of the license granted in the preceding sentence, may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. Except as authorized herein, you may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose. If you violate any of these Terms and Conditions, your permission to use the Material will automatically terminate, your right to access the Site will be revoked and you must immediately destroy any copies you have made of the Material.
Company’s Liability
The Material may contain inaccuracies, typographical errors or other flaws. The Company does not represent or guarantee the accuracy, adequacy, reliability, completeness or timeliness of the Material or the results to be obtained from using the Site or any of the Material. You acknowledge that use of or reliance on the Site or any of the Material is at your own risk. The Company reserves the right to make additions, deletions or modifications to the Material at any time without any prior notification.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE OR THAT THE SITE AND THE COMPANY’S SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SITE OR ANY OF THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND ALL MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND BY THE COMPANY. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE OR ANY OF THE MATERIAL.
Disclaimer of Consequential Damages
BY ACCESSING THE SITE YOU AGREE THAT IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, VENDORS, ANY THIRD PARTIES MENTIONED IN THE SITE, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (HEREINAFTER “PROTECTED PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE, THE MATERIALS OR ANY LINKED SITE (INCLUDING WITHOUT LIMITATION INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES, ELECTRONIC COMMUNICATIONS, LOST DATA, BUSINESS INTERRUPTION OR ERRORS, OMISSIONS OR OTHER INACCURACIES OF THE SITE OR MATERIALS) WHETHER OR NOT THERE IS NEGLIGENCE BY THE PROTECTED PARTIES, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Web Sites
Our Site may contain links to third party web sites or services that are not owned or controlled by The Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of any Material, your use of the Site or your breach of any of the Terms and Conditions. The Company shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any Material to countries or persons prohibited under the export control laws. By accessing, downloading or using any Material, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of any Material.
User Information
Subject to the Company’s Privacy Policy, the Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of any of the Site, for the purpose of evaluating your Registration Form, fulfilling requests for Material, for the Company’s internal business purposes and for disclosure to third parties engaged in the promotion of the Company and its products and services.
General
The Site is based in Norcross, Georgia. The Company makes no claims that any of the Material is appropriate or may be downloaded outside of the United States. Access to the Material may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. 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. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in the Company’s Privacy Policy or a separate written agreement with the Company, these Terms and Conditions constitute the entire agreement between you and the Company with respect to (a) your use of Site and the Material, and (b) the Company’s rights with respect to the Material.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
Return Policy
If you are unsatisfied with any products you receive, please contact your local Mighty distributor for support.
Contact Us
If you have any questions about these Terms, please contact us at 800-829-3900.
