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Agreement:  Except as otherwise set forth herein or agreed to between you (hereafter referred to as Customer or you) and LB Auto Parts Distributors, Inc. (LB Auto) in your order to LB Auto, these terms and conditions (Terms and Conditions) govern the use of the www.LBAutoParts.com website (the Site) and any products purchased from LB Auto (the Products) using the Site or any website owned by LB Auto.  By accessing and using the Site, Customer acknowledges that by placing the Order, Customer has read and unconditionally agrees to follow and be bound by these Terms and Conditions.  The Terms and Conditions and any order submitted through the Site is deemed the agreement between Customer and LB Auto (the Agreement).  These Terms and Conditions supersede and replace all prior agreements, representations, statements or negotiations between the parties, and any and all evidence of such prior agreements, representations, statements or negotiations not expressly contained within are specifically barred and unenforceable between the parties. Furthermore, Customer waives the right to assert that it relied upon any video, brochure, advertisement, reproduction, representation, statement or act of LB Auto not contained within in entering into the Agreement and waives the right to file, initiate or bring any action or claim to rescind, cancel or terminate, or to recover damages based upon any alleged representation, statement, or act by LB Auto not expressly stated herein.  LB Auto reserves the right, at any time, to modify, amend, alter or update these Terms and Conditions without prior notice by updating this posting.  The Terms and Conditions in existence as of the date and time of the Order submitted or the sale is completed shall govern.  Continued use of the Site following posting of any changes to these Terms and Conditions means that you agree to be bound by such modifications, amendments, alterations or updates.  Although these Terms and Conditions have been prepared with the intent to provide reliable information, no warranty (express or implied) is made as to their accuracy or completeness and no liability is assumed by LB Auto for loss or damage resulting from reliance on these Terms and Conditions.  These Terms and Conditions shall be binding and enforceable against the parties hereto and their prospective successors, heirs and assigns.

Site Use:  The Site is intended for use only by individuals 18 years of age or older and is not for Customers under the age of 18.  Customers under the age of 18 must have the assistance and permission of a parent or guardian to use the Site.  LB Auto grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except as expressly provided herein.  Any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools is strongly prohibited.  All materials on the Site, including, without limitation, information, data, specifications, descriptions, images, graphics, trademarks, text, links, illustrations, designs, icons, photographs, HTML code, and written and other materials included on the Site (collectively the "Content") are the property of LB Auto, its affiliates or Content providers of LB Auto, and are protected by copyright and trademark laws of the United States and International treaties.  The Content is intended solely for your own personal, noncommercial use. You may download or copy the Content for your personal use only so long as you keep intact all copyright and proprietary notices. No right, title, or interest in the Content, downloaded materials, or software is transferred to you as a result of any downloading or copying of the Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of LB Auto.  It is strictly prohibited to modify, transmit, distribute, reuse, reverse engineer, repost, "frame," or use the Content without written permission from an authorized representative of LB Auto.  You may not use any meta tags or any other "hidden text" utilizing LB Auto’s name or trademarks without the express written consent of LB Auto.  Any unauthorized use terminates the permission or license granted by LB Auto.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LB Auto so long as the link does not portray LB Auto, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any LB Auto logo or other proprietary graphic or trademark as part of the link without express written permission.  In addition to any other legal or equitable remedies for misuse, LB Auto may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and LB Auto shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.  LB Auto claims no proprietary rights to, or affiliation with, any third party trademarks or logo references appearing on the Site. You should not infer any affiliation, sponsorship, or endorsement from the use of third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their respective owners.  Images of people or places displayed on the Site are either the property of, or used with permission by LB Auto.  The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site.  Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  LB Auto may, from time to time, provide links to other outside websites not associated with LB Auto.  LB Auto has not reviewed and is not responsible for such linked websites or the content of any of the linked websites.  LB Auto provides these links as an additional resource for its Site users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, LB Auto cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by, websites linked to from the Site.

The site includes content and information that is subject to change without notice. While LB Auto desires that the content and information on the site be up to date and accurate, it is your sole responsibility to confirm the accuracy, completeness, or reliability of such content and information. LB Auto does not warrant or make any representation regarding the use of the content or information on the site or the accuracy or reliability of such content or information.  LB Auto does not warrant that this site, its servers, or email sent from LB Auto are free of viruses or other harmful components. LB Auto will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.

Site Security: You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security will result in the user being denied access to the Site and may result in civil or criminal liability. LB Auto will use commercially reasonable efforts to investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Site users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate the Site other than the search engine and search agents available from LB Auto on the Site and other than generally available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla Firefox).  Any passwords used for this site are only intended for individual use. You are prohibited from sharing or otherwise providing the right to use your password with any other person. You will be responsible for the security of any password.  LB Auto may, in its sole discretion, monitor the use of any password and may require you to change your password at any time.  When you visit LB Auto or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Submissions/Electronic Communications/Postings:  Except as otherwise provided elsewhere in these Terms and Conditions or on the Site, anything that you submit or post to the Site and/or provide LB Auto, including without limitation, ideas, knowhow, techniques, questions, answers, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and LB Auto and its affiliates shall have the royalty free, worldwide, perpetual, irrevocable, nonexclusive, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form for any purpose including without limitation, developing, manufacturing, distributing and marketing products using such information, and to translate, modify, reverse engineer, disassemble, or decompile such Submissions. All Submissions shall Automatically become the sole and exclusive property of LB Auto and shall not be returned to you.  In addition to the rights applicable to any Submissions, when you post communications, comments, or reviews to the Site, you also grant LB Auto and its affiliates the right to use the name that you submit with any communication, review, question, answer, or other content, if any, in connection with such review, question, answer, or other content, for any purpose, including without limitation, reproduction, transmission, publication, broadcast, and posting. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on the Site and that use of your Submissions by LB Auto will not infringe upon or violate the rights, including intellectual property rights, of any third party.  You shall not use a false email address or the e-mail address of any other person or entity, pretend to be someone other than you, or otherwise mislead LB Auto or third parties as to the origin of any Submissions. You agree to post content that is not illegal, obscene, threatening, defamatory, invasive of privacy, otherwise injurious to third parties or objectionable and political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." LB Auto may, in its sole discretion, but shall not be obligated to, remove or edit any Submissions (including reviews, questions, or answers).  Although LB Auto may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, LB Auto is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. LB Auto will fully cooperate with any law enforcement authorities or court order requesting or directing LB Auto disclose the identity of anyone posting any such information or materials.

Limited warranty/disclaimers: the site, including without limitation all products, information, content, and services made available on or through the site, is provided "as is and as available.  LB Auto and its affiliates and their employees and agents make no representations or warranties of any kind or nature whatsoever regarding the content or services of the site, any products, product availability or hypertext links to other outside websites.  LB Auto and its affiliates and their employees and agents disclaim any and all express or implied conditions, representations, and warranties, including but not limited to warranties related to any course of dealing, usage, or trade practice and any implied warranty of merchantability, fitness for a particular purpose, title, or noninfringement. Moreover, LB Auto does not represent or warrant that your access to the site will be uninterrupted or error free, that defects will be corrected, or that the site and material accessible to you are free of viruses or other harmful components.

LB Auto shall use its best efforts to deliver the products within a reasonable time after confirmation of the order; however, LB Auto shall not be liable or responsible for delays caused by transportation problems, fires, strikes, or other causes beyond the control of LB Auto.  Failure by LB Auto to deliver the products by a specific date shall not constitute a default by LB Auto.  LB Auto shall not be liable for any damages or loss incurred by you whatsoever resulting from late delivery or failure to deliver the products.  LB Auto does not warrant or represent that the colors of products displayed on your monitor are an accurate representation of the color of product.

LB Auto is a reseller of OEM manufactured Automotive parts and accessories.  Subject to LB Auto’s limitations on liability as provided herein, and provided customer is not in default of any obligation to LB Auto, LB Auto warrants products purchased from LB Auto through the site and properly stored, installed and used by customer or its successors or assigns pursuant to manufacturer guidelines and recommendation, to be free of defects for a period of twelve months from the date of receipt by customer (as compared to date of installation or the date of discovery of such defect)(“limited warranty period”). This limited warranty shall be null and void in the event of damage to a product during installation, misuse of the product or failure to use or install the product in accordance with manufacturer guidelines and recommendations. This is the sole and only warranty provided by LB Auto.   LB Auto’s sole liability to any customer or end user of a product is the cost to repair or replace the product and which are returned to LB Auto within the limited warranty period. The existence of a defect shall be at LB Auto‘s sole discretion and shall not extend the limited warranty period with regard to any given product.  Upon a default by customer of any obligation to LB Auto, any and all LB Auto limited warranties herein shall terminate and be null and void.

Payments/Orders/Taxes:  The acceptance of all orders is subject to LB Auto approval and the credit worthiness of Customer.  LB Auto reserves the right to withhold shipment where our Terms and Conditions are not being met or if we receive any information that our Terms and Conditions may not be met.  All payments shall be made in accordance with this Agreement and all unpaid amounts along with costs and attorney’s fees incurred to collect such amounts or in any dispute arising hereunder shall bear interest at the rate of 18% per year until paid in full.  Prices for all Products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise.  You are responsible for any applicable taxes, whether or not they are listed on your receipt or statement.  If you purchase Products, you agree to pay, using a valid credit card (or other form of payment that LB Auto may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. LB Auto reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees.  LB Auto reserves the right, in its sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped.  LB Auto may also require additional verifications or information before accepting any order. All authorized charges will be billed to your designated credit card account (or other payment method), on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to LB Auto for any reason, LB Auto reserves the right to either suspend or terminate your access to the Site and/or the unpaid for Products.  It is your responsibility to ensure that sufficient funds are available to cover the charges for the Products, and LB Auto has no liability for any overdraft or other fees that you may incur as a result of LB Auto processing your payment.  LB Auto will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  If your order is canceled and Products are properly returned (undamaged) after your credit card has been charged, LB Auto will issue a credit to your credit card in the amount of the charge.  Until all amounts due or which become due to LB Auto are paid in full, LB Auto shall be deemed to hold a purchase money security interest in the Products with all rights arising to LB Auto under the laws of the State of Florida as a secured party in the event of a default.  LB Auto shall be entitled to record a U.C.C. Financing Statement to evidence its security interest.  Customer shall not otherwise sell, convey or further encumber the Products until all amounts due and owing to LB Auto are paid in full. 

Limitations on Liability:  LB Auto and its affiliates will not be liable for any direct, indirect, incidental, punitive, consequential, or any other damages whatsoever that result from the use or performance of, or the inability to use, the site, any products purchased from LB Auto or information or functions on such site, even if LB Auto has been advised of the possibility of such damages. In no event will LB Auto and its affiliates' total liability to you for all damages, losses, and causes of action, whether arising out of contract, tort, or otherwise, exceed the amount paid by you for the products, if any, for accessing the site or purchasing the products.  LB Auto's liability to Customer is expressly limited to the repair or replacement of the Products or any part at LB Auto 's option. LB Auto claims the right to inspect the Products before agreeing to repair or replace it and LB Auto’s liability under this Agreement shall Automatically terminate upon Customers improper use, selection or installation of the Products.  If at any time as a result of the termination, repudiation or default of this Agreement for any reason LB Auto may apply any deposit or any part thereof or any payments received to any amount owed to LB Auto without notice to or liability to Customer and without waiving any other rights or actions LB Auto may have against Customer.  Customer shall indemnify LB Auto against and hold LB Auto harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal fees and costs arising out of, connected with or resulting from the use of the Products and/or the Site.  LB Auto’s obligations as expressly limited herein, are conditional and contingent upon Customers proper ordering, storage and installation of the Products and customer’s, prompt notification to LB Auto in writing of any alleged defect, and does not extend to or include any defects which according to LB Auto or the manufacturer of the Products are caused wholly or partially by normal wear and tear, by modifications or changes not authorized by LB Auto because of improper installation, assembly or use by you.  LB Auto’s liability hereunder, if any, shall cease upon the failure of Customer to pay LB Auto any amounts due under any agreement.

Law/Venue/Dispute Resolution:  This Agreement shall be governed by and interpreted in accordance with the laws of the state of Florida and the exclusive and sole venue for any actions, arbitration or proceedings whether legal or equitable, including any action for declaratory relief, arising out of or in an way relating to this Agreement, the Products and/or LB Auto’s relationship with Customers, its formation or performance shall be the State Courts in and for Brevard County, Florida.  Customer irrevocably and expressly consents to the jurisdiction of the courts of Brevard County, State of Florida, and specifically the Circuit Court for the Eighteenth Judicial Circuit in and for Brevard County, Florida.  Prior to the initiation of any action, claim, litigation or arbitration between the Customer and LB Auto both parties agree to submit such disputes or issues to non-binding mediation in Brevard County, Florida before a Circuit Court Certified Mediator selected by LB Auto with the cost of mediation to be split equally between the parties.  If any disputes or disagreements between Customer or LB Auto are not resolved through mediation, any and all disputes arising under or related to this Agreement, its enforceability, validity and/or formation or the Products or either parties’ performance herein, including any actions regarding the formation of this Agreement, the conditions or quality of the Products and/or failure of performance by either party herein, and actions for declaratory relief shall be submitted to and decided through binding arbitration in accordance with Chap. 682, Fla. Stat. and the Rules and Procedures of the American Arbitration Association with the Arbitration to be conducted in Brevard County, Florida.  The arbitratability and enforceability of this provision shall be determined by the selected arbitrator.  The expense of the Arbitration will be borne equally by the parties, provided that each party shall pay for their own expenses and attorney fees; however the arbitrator may only award the prevailing party its recoverable costs and attorney fees incurred in the Arbitration.  [Although each party shall bear their own costs and expenses in the arbitration however the prevailing party shall be entitled to recover their reasonable attorney’s fees.]  Claims brought by Customer may not be joined with claims of any other person against LB Auto nor shall the pendency of claims against Customer negate LB Auto’s right to enforce this provision.  This provision is intended to include any and all possible claims and/or disputes between Customer and LB Auto.  Customer and LB Auto hereto, knowingly, voluntarily and intentionally waive the right any of them may have to a trial by jury in respect to any litigation arising out of, under or in connection with this agreement, and any other agreements executed in connection  herewith, or any course of conduct, course of dealings, statement (whether verbal or written) or actions of any party (including, without limitation, any action to rescind or cancel this agreement and any claims or defenses asserting that this agreement was fraudulently induced or is otherwise void or voidable); this waver being a material inducement for the parties to enter into this agreement.

Returns, Refunds/Exchanges:  Except as otherwise provided herein under LB Auto’s Inventory Protection Plan, any orders placed on this Site are not sold as a sale on approval or sale or return.  Upon delivery of the Products, you shall immediately inspect the Products and shall immediately notify LB Auto of any perceived defects with the Product. Customer must return any allegedly defective Products within the Limited Warranty Period as provided above and not later than five (5) business days from discovery of such defect but in no event later than the last day of the Limited Warranty Period. Upon expiration of the Limited Warranty Period, LB Auto will not accept the return of any Product and its Limited Warranty herein shall terminate without further notice and be null and void with regard to such Products.  Upon the return of any Product for an alleged defect, LB Auto and/or the manufacturer will inspect the Product to determine the nature of the defect and whether the defect is valid.  For all accepted “Returns” for alleged defects or under the Inventory Protection Plan, Customer will be given the option to either (a) receive replacement Products for (defective Products only); or (b) to receive a credit to be used towards the Purchase of other Products from LB Auto; or (c) to receive an issuance of a credit on the credit card used to submit the Order.  These are Customers sole and absolute remedies and no “cash” or corporate check refunds are given.

Twelve Month Inventory Protection Plan: For designated Customers, LB Auto agrees to accept the return of any unopened, undamaged, properly stored and unsold Product(s) purchased from LB Auto within twelve months of the date of the Order of such Product(s) (“Inventory Return Period”) with no restocking fee with such return to be Free on Board (FOB), Customer’s place of business. Once a Product is sold, installed, opened or damaged during installation or attempted installation, such Product is not subject to return under this Inventory Protection Plan.  Further, upon expiration of the Inventory Return Period with regard to any given Product, all rights hereunder shall cease and be null and void as to such Product. The purchase of additional Products from LB Auto shall not extend such period for already purchased and delivered Products. The Inventory Return Period begins upon the purchase of each independent Product and is conditioned upon Customer’s full and complete payment of all amounts due to LB Auto.

Owner and Operator of Site:  LB Auto is the owner and operator of the Site and reseller of Automotive parts and accessories. LB Auto is not a manufacturer, assembler or creator of the Products.

Miscellaneous Provisions:  Time is of the essence in the Customers obligations herein.  In the event of default by Customer, LB Auto shall be entitled to recover its reasonable costs, expenses and attorney fees incurred in enforcing its rights herein.  All indemnification obligations, limitation of liability, default remedies and dispute resolution provisions shall expressly survive a default by either party or the termination of this Agreement.  There are no third party beneficiaries to this Agreement.  Failure of LB Auto to insist upon a strict compliance with any of the terms, covenants and warranties hereof shall not be deemed a waiver of such terms or covenants, nor shall any waiver relinquish any right hereunder at any one or more times to be deemed a waiver or relinquishment of such right or remedy at a later date.  If any covenants or provisions herein are determined to be void or unenforceable in whole or in part, all other provisions not found to be unenforceable shall remain binding upon the parties herein.

Privacy Policy: Please review LB Auto’s Privacy Policy for any questions or concerns.

 

THANK YOU FOR USING LB Auto Parts Distributors.