Please read these Terms and Conditions of use carefully before using this Application.
Binding Agreement
By using this NAPA AutoCare® mobile application (the "Application"), you agree that these Terms and Conditions form a binding agreement between you and Genuine Parts Company ("GPC") and the National Automotive Parts Association ("NAPA"). By downloading, installing, or using the application, you acknowledge and agree to be bound by these Terms and Conditions. If you do not acknowledge and agree to these Terms and Conditions, you must immediately uninstall this application and discontinue its use. Continued use of the application signifies your continued acceptance of these Terms and Conditions and any changes to them.
Important AutoCare Services Disclaimer
All NAPA AutoCare Centers are independently owned auto repair shops and are not owned or controlled by GPC or NAPA. GPC and NAPA do not perform any vehicle diagnostic, repair, or service work. Each independent NAPA AutoCare Center is solely responsible for the services performed. GPC and NAPA are not responsible for repairs performed by NAPA AutoCare Centers. You agree that by using this Application to locate and select a participating NAPA AutoCare Center, you will look solely to the independent NAPA AutoCare Center for any claims related to the services they perform.
[The content of the Application, such as text, graphics, images, information obtained from GPC’s manufacturers, suppliers and other entities, and other material (collectively, "Content") is for informational purposes only. Any information furnished on the Application 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.
GPC and NAPA have not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. GPC and NAPA do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned in the Application. Your reliance upon information and Content obtained by you at or through the Application is solely at your own risk. IN NO EVENT SHALL GPC OR NAPA 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.]
No Warranties
YOU ACKNOWLEDGE THAT THE APPLICATION AND CONTENT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. GPC AND NAPA DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS APPLICATION 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. GPC RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS APPLICATION.
Exclusion of liability
IN NO EVENT SHALL GPC, NAPA, THEIR LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN APPLICATION 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 APPLICATION OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT GPC OR NAPA ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that in connection with the Application, 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 GPC, NAPA and their suppliers. Accordingly, GPC and NAPA 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 Application.
Any claims arising in connection with your use of this Application 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. NAPA and GPC’s liability arising from any breach of contract claim arising out of your use of the Application shall be the greater of your purchase price of the Application or $100.00. 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.
Copyright, Trademark and Other Proprietary Rights
NAPA AUTO PARTS, NAPA AUTOCARE, the NAPA AUTO PARTS logo, and other trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of the National Automotive Parts Association (collectively "NAPA Marks"). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively "Third-Party Marks"). The NAPA Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of GPC or NAPA or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and may have security components that protect digital information only as authorized by GPC or NAPA or the owner of the Content.
Posting and User-Generated Content
You may have the option to generate content, written or otherwise, while using the Application ("User-Generated Content"). You acknowledge and agree that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by GPC or NAPA (for example, in product marketing campaigns). You hereby grant GPC and NAPA and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. You further acknowledge and agree that you, and you alone, are responsible for the development of User-Generated Content.
Links to Third Party Sites
The Application may contain links to websites or applications ("Sites") owned or operated by parties other than GPC and NAPA. Such links are provided for your reference only. GPC and NAPA do not control outside Sites and is not responsible for their content. The inclusion of links to an outside Site does not imply our endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of the links imply that GPC and NAPA are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.
Incorporation of Related Terms
For iPhone users, these Terms and Conditions incorporate and supplement the Apple, Inc. ("Apple") Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein ("Apple Terms"). For Android users, these Terms and Conditions incorporate and supplement the Google Play Terms of Service (available at https://play.google.com/intl/en_us/about/play-terms.html ("Google Terms").
In addition, these Terms also incorporate and supplement other terms, conditions, and policies of GPC and NAPA posted at http://www.napaautocare.com, including without limitation the following related terms, conditions, and other policies, the location and terms of which may be changed from time-to-time,
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.
End-User License
Subject to these Terms and Conditions, GPC and NAPA grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on an Android, Apple iPhone, iPad, or other compatible phone or tablet ("Compatible Device") owned or controlled by you as permitted by the Google Terms or Apple Terms and in accordance with these Terms and Conditions ("User License"). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other Content associated with the Application is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
User Information
Application features, such as [store locator, feedback, account management, and interaction with social media sites], may use, maintain, or transmit your personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, and information for and from third-party social-media accounts (collectively "User Information"). By acknowledging and agreeing to this Agreement, or by using the Application, you consent to the transmission of User Information to GPC and NAPA, including its agents and third-party partners, and consent to GPC and NAPA, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using your Information for Application functionality and for the purposes disclosed in the NAPA AutoCare Privacy Policies identified in this Agreement.
You are solely responsible for the confidentiality and security of User Information sent from or stored on your Compatible Device by the Application. You agree to immediately notify GPC and NAPA of any suspected unauthorized transactions associated with the Application or any other breach of security. GPC and NAPA shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application. You shall be solely responsible for taking precautionary steps to protect User Information stored on your Compatible Device, including without limitation password-protecting your device and employing Apple’s remote-wipe feature.
Prohibited Uses
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that,
GPC and NAPA reserve the right, in their sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, that GPC or NAPA reasonably believes is or might be in violation of these Terms and Conditions, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms and Conditions.
Indemnification
In consideration of GPC and NAPA allowing you to use this Application, you agree to defend, indemnify and hold harmless GPC and NAPA, its member companies, and their divisions, subsidiaries, parents, affiliates, partners, 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 this Application or the Content, your breach of any of the Terms and Conditions set out herein, your use of any linked websites reached through this Application, your inability to access this Application for any reason, your reliance on any errors or omissions on this Application, or your contraction of computer viruses of any nature obtained through your use of this Application or any website accessed through this Application. You agree to defend, indemnify and hold GPC and NAPA, 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 this Application or the Content.
Applicable Law and Venue
By using this Application, you, GPC and NAPA 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 Application, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You, GPC and NAPA 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. Any user who chooses to use this Application from outside the United States do so on their own initiative and are responsible for compliance with local laws.
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.
Modification of these Terms
GPC and NAPA reserve the right to change or modify these Terms and Conditions or any other GPC or NAPA terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the NAPA AutoCare website (http://www.napaautocare.com) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute your acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of GPC or NAPA shall have any legal effect as a waiver by GPC or NAPA of any Terms and Conditions.
Subscriber Agreement
These Terms and Conditions govern your general access of and use of the Application, however, your use of any other services offered by GPC or its affiliates is also governed by your agreement with GPC 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.
Complete Agreement
Except for the Subscriber Agreement, if any, these Terms and Conditions contain the entire agreement between you, GPC and NAPA relating to your use of this Application.
Contact Us
If you have any questions regarding our privacy practices, you can email us at support@napaacapp.com
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