TERMS & CONDITIONS
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Agreement of Terms
Last updated (March 15, 2024)
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and AUTOSTAR HEAVY DUTY (“Company”, “we”, “us”, or “our”), concerning your access to and use of the AutoStarHeavyDuty.com (http://AutoStarHeavyDuty.com) website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately. We reserve the right, at our discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and waive any right to receive specific notice of each such charge. It is your responsibility to periodically review these Terms of Use to stay informed of updates.
Intellectual Property Rights
Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright law, and international conventions. The content and the Marks are provided on the site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Limitation of Liability
Under no circumstances will AutoStar Heavy Duty or any of its employees, directors, officers, members, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with respect to this website, any promotional program, and any product or service. This is a comprehensive limitation or limited of liability that applies to all loses and damages of any kind, whether in contract, negligence or other tortious action, even if an authorized representative of AutoStar Heavy Duty has been advised of or should have known of the possibility of such damages. A part or good sold by AutoStar Heavy Duty may be warranted by the manufacturer. No other warranties, either express or implied, are made by AutoStar Heavy Duty. AutoStar Heavy Duty hereby disclaims any warranties of merchantability or fitness for a particular purpose. Customer’s exclusive remedy for any defective good or part sold by AutoStar Heavy Duty shall be, at AutoStar Heavy Duty, to secure replacement thereof or refund Applicable law may not allow the limitation of liability set forth in this agreement, so this limitation of liability may not apply for you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of AutoStar Heavy Duty under such circumstances for any liability shall not exceed fifty dollars. ($50)
User Registration
You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change, a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Electronic Communication
When you use any AutoStar Heavy Duty Service, or send email to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on Website or through any other AutoStar Heavy Duty Service and you consent to receive communications from AutoStar Heavy Duty. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Products
We make every effort to display as accurately as possible the parts information and details of each product available on the site. However, we do not guarantee that the picture accurately showcases the details of the product will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the parts. Such inaccuracies may relate to part numbers, product descriptions, and availability. All parts are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any parts at any time for any reason. Prices for all products are subject to change. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account is charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your account.
Installation
AutoStar Heavy Duty is not responsible for damage caused by misuse, abuse, faulty parts, and improper installation. It is your responsibility, or the installer’s responsibility, to ensure that the parts or goods are correct. AutoStar Heavy Duty assumes no responsibility or liability for damages resulting from the installation of incorrect parts or goods. It is your responsibility to read the Technical Data Sheet, Material Safety Data Sheet, and any other materials or instructions for each product, tool, or equipment used and to follow the safety and installation recommendations of the manufacturer when using any parts or goods sold by AutoStar Heavy Duty.
Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from AutoStar Heavy Duty solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of a handwritten signature.
Customs Charges Information
Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the customer’s responsibility. Check with your country’s customs office for current rates and fees.
Contribution License
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other rights associated with your contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
Site Management
We reserve the right, but not the obligation to:
- Monitor the Site for violations of these Terms of Use.
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of use, including without limitation, reporting such user to law enforcement authorities.
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technically feasible any of your contribution or any portion thereof.
- In our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
- Otherwise manage the site in a manner designs to protect our rights and property and to facilitate the proper functioning of the site and the Marketplace Offerings.