Terms and Conditions
By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
Copyright, Intellectual Property, Content Use
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by CarPartsPainted Inc., its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The content and software on this website may be used as a shopping tool and automotive information resource. These Terms of Service permit you to use carpartspainted.com for your personal, non-commercial use only or as a source to identify and purchase parts in connection with your business. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on carpartspainted.com, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the carpartspainted.com for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Except for customers who use carpartspainted.com to identify and purchase parts to resell in connection with their service businesses, you must not access or use for any commercial purposes any part of carpartspainted.com or any services or materials available through carpartspainted.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of carpartspainted.com in breach of the Terms of Service, your right to use carpartspainted.com will cease immediately and you must, at the discretion of CarPartsPainted Inc., return or destroy any copies of the materials you have made. No right, title or interest in or carpartspainted.com, or any content on the carpartspainted.com is transferred to you, and all rights not expressly granted are reserved by CarPartsPainted Inc. Any use of the carpartspainted.com not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Disclaimer of Warranties and Limitation of Liability
CarPartsPainted Inc. does not assume any responsibility for your use of the Internet or the downloading of potentially harmful files. You are responsible for protecting your computers and mobile devices from viruses, malware, worms, Trojan horses, and other security risks that may harm the integrity of your hard drive, files, or operating systems. You are responsible for protecting your data with personal anti-virus software, firewalls, and other sufficient programs, and recovering your lost data, in the event of a security breach or malfunction.
CarPartsPainted Inc. MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, WITH REGARD TO THE USE OF OUR WEBSITE AND OTHER DIGITAL PLATFORMS, OR ANY PRODUCTS OR SERVICES PURCHASED THEREON, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF carpartspainted.com IS AT YOUR OWN RISK, AND THE CONTENT CONTAINED ON OUR WEBSITE IS PRESENTED AS IS AND WITHOUT GUARANTEE AGAINST ERRORS, DEFECTS, OR SECURITY RISKS. WARRANTIES ON PRODUCTS MAY BE AVAILABLE FROM THE MANUFACTURER THEREOF. WE MAKE NO WARRANTY REGARDING, AND ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF INTERNET SERVICE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY YOUR USE OF THE WEBSITES AND OTHER DIGITAL PLATFORMS.
You are responsible for the entire cost of servicing, repairing, or correcting any loss or damage resulting from the use of carpartspainted.com. Prices and availability of products sold on carpartspainted.com may change without notice. CarPartsPainted Inc. does not assume responsibility for your use of the content on its website and cannot be liable if your actions infringe on the rights and privacy of others. All of the information on carpartspainted.com applies only as of the posted date, and carpartspainted.com has no obligation to update or remove such information upon request.
IN NO EVENT SHALL CarPartsPainted Inc., THEIR LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS carpartspainted.com 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 carpartspainted.com OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT CarPartsPainted Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MATERIAL PARTS OF SUCH CONTENT ARE SUPPLIED BY THIRD PARTIES. SUCH CONTENT IS BELIEVED TO BE RELIABLE BUT CarPartsPainted Inc. CANNOT CONTROL OR VERIFY IT. SOME PRODUCT IMAGES MAY NOT BE EXACT REPRESENTATIONS OF THE PRODUCT. ALTHOUGH CarPartsPainted Inc. TRIES AND INTENDS TO PROVIDE TIMELY AND ACCURATE INFORMATION, IT CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION OFFERED AT ALL TIMES. GIVEN THE MAGNITUDE OF ITS INVENTORY AND CONSTANTLY CHANGING STOCK CONDITIONS, CarPartsPainted Inc. CANNOT BE RESPONSIBLE FOR OUT OF DATE APPLICATIONS, CHANGES IN WARRANTY, OR UNTIMELY PRODUCT INFORMATION FROM SUPPLIERS. THE SITE MAY BE UNAVAILABLE AT TIMES AND MAY PRODUCE UNINTENDED OR ERRONEOUS RESULTS WHEN ACCESSED BY CUSTOMERS. YOU ACCEPT THE SITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY WHATSOEVER. CarPartsPainted Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
You acknowledge that in connection with this 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 CarPartsPainted Inc. and its suppliers. Accordingly, CarPartsPainted Inc. assumess 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.
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.
The content on the Site is the proprietary information of CarPartsPainted Inc., is confidential, unless content is made publicly available through no fault of yours or is independently known or developed. In particular, all pricing information at carpartspainted.com is confidential and commercially sensitive. You may not use any of the content except to search, review, select, and purchase the products displayed, and may not disclose it to anyone. Carpartspainted.com and its content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial or competitive purpose not expressly permitted by CarPartsPainted Inc.
(a) Disputes and Claims. If any dispute or claim of any type arises between us with regard to your use of carpartspainted.com or any products or services sold or distributed through carpartspainted.com, the dispute or claim will be resolved by binding arbitration, rather than through the courts. The exception to this requirement is described in subparagraph (e) below. In arbitration, there is no judge or jury. The arbitrator, however, can award damages just as a judge or jury can.
(b) Arbitration Procedures. Any arbitration proceeding will be administered by a neutral arbitrator who is a member of or affiliated with The American Arbitration Association (AAA), in accordance with its then current rules and procedures pertaining to consumer disputes. We will jointly select a single arbitrator, but if we cannot agree on the selection of an arbitrator, the AAA will designate the arbitrator for us. The arbitrator may conduct the arbitration by teleconference or videoconference. If the arbitrator deems it necessary to conduct the arbitration in person, the arbitration will be held at a location which is mutually agreeable to us. In the event we can’t agree on a location, the arbitrator shall choose a location, taking into account the cost and ability to travel of the parties.
(c) Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. CarPartsPainted Inc. will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) No Class Actions. We agree that all disputes between us will be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
(e) Exceptions to Agreement to Arbitrate. Either you or CarPartsPainted Inc. may assert claims, if they qualify, in small claims court in Richmond County, New York. Either party may not bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of carpartspainted.com, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration described above.
(f) YOU UNDERSTAND, BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS AS SET FORTH ABOVE, THAT YOU ARE WAIVING YOUR RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM THROUGH OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, INCLUDING COURT ACTIONS OR ADMINISTRATIVE PROCEEDINGS. YOU UNDERSTAND AND AGREE THAT YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY AND, PURSUANT TO SUBPARAGRAPH (d) ABOVE, YOUR RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS, ACTIONS , OR CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS OF ANY KIND.
(g) Governing Law. The Federal Arbitration Act and Applicable Federal Law will govern this agreement to arbitrate. Except for the provision relating to the waiver of class and representative actions, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the remainder of this agreement to arbitrate shall remain in effect. If any court finds the provision relating to the waiver of class and representative actions to be invalid or unenforceable, then the entirety of this Section regarding Disputes shall not apply.