Please read these Terms and Conditions of use carefully before using this Application.
By participating in the NAPA AutoCare® mobile application program (the "Mobile App Program"), 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 uploading your AutoCare Center information to the NAPA AutoCare® mobile application (the "Application") or otherwise participating in the Mobile App Program, 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 discontinue your participation in the Mobile App Program. Continued participation by your AutoCare Center in the Mobile App Program signifies your continued acceptance of these Terms and Conditions and any changes to them.
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 neither intended nor implied to be automotive advice and is not intended the judgment of 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.
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.
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 Wi-Fi, wireless, local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange, wireless 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.
Your participation in the Mobile App Program allows you to post or upload information about your NAPA AutoCare Center to the Application ("Owner Generated Content"). You acknowledge and agree that Owner Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by GPC or NAPA (for example, in 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 Owner Generated Content. You further acknowledge and agree that you, and you alone, are responsible for the development of Owner Generated Content.
You represent and warrant to GPC and NAPA that all Owner Generated Content is true and correct and agree to defend and indemnify GPC and NAPA for any claims arising from any Owner Generated Content or other information or data you provide or upload, including, without limitation, any claim that the Owner Generated Content violates any third-party intellectual property rights.
Application features, such as the NAPA AutoCare Center locator, feedback, account management, and interaction with social media sites, may use, maintain, or transmit information about you, your business or your customers, 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 with all Owner Generated Content, "Owner Information"). By acknowledging and agreeing to this Agreement, or by using the Application, you consent to the transmission of Owner 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 such information.
You are solely responsible for the confidentiality and security of Owner Information sent from or stored by you. 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 Owner Information due to unauthorized or fraudulent transactions related to the Application. You shall be solely responsible for taking precautionary steps to protect information stored on your device or computer.
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.
These Terms and Conditions supplement but do not replace the terms and conditions of your NAPA Auto Care Program Enrollment Form and any associated standards, guidelines or protocols provided to you by NAPA or GPC. Your participation in the Mobile App Program and your use of the Application are additionally governed by all NAP AutoCare standards and guidelines for trademark, digital, internet and/or social media usage provided to you from time to time by NAPA or GPC.
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 ("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. Your User License shall automatically terminate upon the expiration, termination or suspension of your NAPA AutoCare Center enrollment.
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.
In consideration of GPC and NAPA allowing you to use this Application and Participate in the Mobile App Program, 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 (3) any breach of any representation or warranty made by you pursuant to these Terms and Conditions.
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.
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.
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 Mobile App Program or 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.