ALPHA AUTOMOBILE CAR PARTS TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE TO BE SURE YOU UNDERSTAND THEM COMPLETELY. USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND ADHERE TO THESE TERMS OF USE.

These Terms Of Use (TOU or Terms of Use) govern your access to and use of this website and/or application (website orsite) operated by Alpha Automobile Car Parts(AACP), LLC, its parent companies, subsidiaries, or affiliates (collectively AACP). Terms of Use are a legally binding agreement between you and AACP, and contain important information about our site and your use of our site. If you do not agree to these Terms of Use, please do not use the site.

 

1. OWNERSHIP OF CONTENT

AACP websites and applications may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as Content, but specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. AACP makes no representations or warranties that the Content is available, appropriate or legal to access and Content may be removed at the discretion of AACP. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by AACP or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content.

 

2. RESTRICTIONS ON THE USE OF THE SITE

As a condition of using this site, you agree that you will not:

(a) Without the prior written consent of AACP, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;

(b) Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(c) Submit, display, or transmit any User Content that exceeds AACP’s capacity limits or for which you do not own or have the necessary and appropriate rights;

(d) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;

(e) Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;

(f) Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;

(g) Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;

(h) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or

(i) Monitor or copy Content; or

(j) The services on the website are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with AACP or provide your personal information to AACP. If you are at least 13 and under 18 years of age, you may register with AACP websites only if you have the consent of your parent or guardian.

 

SITE SECURITY USE RESTRICTIONS

AACP takes the security of this website and its other websites seriously. Therefore, in addition to the restrictions set forth above, you may not:

(i) Interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, bot, spider, crawler, engine, device, software, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network;

(ii) Attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;

(iii) Access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;

(iv) Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;

(v) Restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;

(vi) Post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use any AACP website; or

(vii) Link to, frame, or otherwise reproduce this site or any other AACP website without the prior written consent of AACP.

MTG reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.

 

3. COPYRIGHT

Copyright to all Content on the site is either owned by AACP or is licensed to AACP. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other website or networked computer environment is prohibited without the express written permission of AACP.

Procedures for Making Copyright Infringement Claims. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCAincluding by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this website, please notify our designated DMCA agent immediately at: Alphaautomobilecarparts@discovery.com, or by mail at Broadway St NE, Minneapolis, MN 55413, United States.

DMCA Notices must be in writing and must include the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the copyright owner;

(b) A description of the copyrighted work that you claim has been infringed;

(c) The URL of the site and a description of where the material that you claim is infringing is located on that site;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;

(f) A statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.

 

4. TRADEMARKS AND PROPRIETARY RIGHTS NOTICES

All trademarks, logos, trade names or service marks (collectively the Marks) mentioned, used, or displayed on this site are owned by AACP or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of AACP. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other AACP website.

 

5. USER CONTENT

Some of our sites allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital other content in any form (collectively User Content). By posting User Content on this site or any AACP website, you hereby grant AACP an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from AACP in connection with AACP’s exercise license rights in and to the User Content you have posted on this site or any other AACP website. You acknowledge and agree that AACP is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.

AACP has no obligation to monitor this site or any portion thereof. However, AACP reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. AACP has no obligation to display or post any User Content. AACP reserves the right to disclose, at any time and from time to time, any information or User Content that AACP deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. AACP shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site.

 

6. ELIGIBILITY

You must meet any age, geographic or other eligibility requirements specified at each site to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at those sites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies.

 

7. ONLINE SHOPPING

Some AACP sites also offer e-commerce opportunities. Different sites may offer different options for visitors to purchase products or services either from AACP or from a third party (see Section 9 below concerning Third Party Sites). AACP does not guarantee that you will be satisfied with products or services purchased from us. AACP does not design, make, or manufacture products sold online, and only sells, distributes or ships products from its own online stores. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither AACP nor its vendors guarantee that all orders will be filled.

 

8. PAYMENTS; BILLING; SUBSCRIPTIONS

(a) Subscriptions and other services requiring payment generally require use of a valid credit card. AACP and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products. You are solely responsible for charges owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.

(b) You are responsible for any costs you incur to access the internet.

(c) While AACP may offer Content from time to time for free, AACP charges a fee to access certain services that require a subscription in order to offer Content that AACP would not otherwise be able to make available without charging a fee.

You can find the specific details regarding your subscription at any time by logging in on the applicable website and clicking on Account under your name. You agree that your subscription is for individual use only and your subscription is limited to only one simultaneous stream at a time.

Because the Service is offered in multiple time zones, for consistency, a day for purposes of these TOU begins at a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.

(d) Billing. By providing a credit card or other payment method accepted by AACP (Payment Method) for your subscription, you are expressly agreeing that MTG is authorized to charge you a subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the AACP website and clicking on Account under your name. When you provide a Payment Method to access a subscription, including in connection with a free trial offer (if applicable), our system will attempt to verify the information you entered. AACP does this by processing an authorization hold, which is a standard practice. AACP does not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize AACP to continue billing, and you will remain responsible for any uncollected amounts.

As used in these TOU, billing shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each renewal date thereafter (monthly or annually as applicable) unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these TOU. To see the commencement date for your next renewal period, log in on the applicable AACP website and click on Account under your name.

AACP automatically bills your Payment Method each month or year (depending on the subscription) on the calendar day corresponding to the commencement of your subscription. As in the case with monthly subscriptions, in the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each monthly or annual period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize AACP to charge your Payment Method for the corresponding amounts. If AACP changes the subscription fee or other charges for your subscription, AACP will give you advance notice of these changes by email. However, AACP will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where AACP determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), AACP may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at AACP’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

(e) Ongoing Subscription and Cancellation. Your subscription will continue in effect on a month-to-month or annual basis (depending on subscription selected) unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these TOU. You must cancel your subscription at least twenty-four hours before your monthly or annual renewal date in order to avoid the next billing period. AACP will bill the monthly or annual subscription fee plus any applicable taxes to the Payment Method you provide to AACP during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current monthly period or annual period – this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your Account either on a AACP website or the third party website hosting your Account and subscription (as applicable, i.e. MTOD, iTunes, Google Play, Amazon Prime, etc.) and clicking Cancel Subscription or any other similarly identifiable selection to effectively cancel the subscription.

(f) Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, AACP reserves the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

(g) Free Trials. On occasion, AACP may be authorized to offer free trials to a subscription for certain qualifying users. If MTG offers you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial. AACP is unable to accommodate combining free trials with any other offers. To view the specific details regarding your free trial, if any, log in on the appropriate AACP website and click on Account under your name.

Once your free trial period ends, AACP will begin billing your Payment Method for the subscription fees corresponding to your subscription (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.

It is very important to understand that you will not receive a notice from AACP that your free trial has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You can cancel your subscription by logging into your MTG Account and clicking Cancel Subscription. MTG will continue to bill your Payment Method for your subscription until you cancel or the account or applicable service is otherwise suspended or discontinued pursuant to these TOU. You may cancel your subscription at any time as described in the Subscription and Cancellation section of these TOU. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that AACP will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.

 

9. LINKS AND THIRD PARTY SITES

This Website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies and requirements of that site. AACP does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and AACP has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. AACP has no control over: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. AACP does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from any AACP website. You acknowledge and agree that AACP has not reviewed all of the sites linked to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.

 

10. COMMUNITY CODE OF CONDUCT

Some websites operated by AACP may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this website and other AACP websites, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. AACP does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither AACP nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.

When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to AACP in accordance with these TOU. In addition to complying with the restrictions set forth in Section 2 of these TOU, you further represent and warrant that you will abide by the following rules:

(a) You will not use this website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.

(b) Except as specifically authorized on certain AACP websites and in designated classified ads sections of AACP websites, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains affiliate marketing, link referral code, junk mail,spam, chain letters, pyramid schemes, unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) or e-mail such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.

(c) You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a AACP employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.

(d) You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.

(e) You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutesbait and switch.

(f) You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.

(g) You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from any AACP website.

(h) You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.

(i) You will not use any form of automated device or computer program that enables the submission of postings or User Content on any AACP website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

(j) You will not use a Posting Agent to post User Content to any AACP website.

AACP reserves the right to expand on these rules in any specific community area and to condition access to such areas on agreement with such rules, as well as to specified eligibility criteria. Without undertaking any obligation to do so, AACP reserves the right, in its sole discretion, to delete any postings which violate its code of conduct, to deny access to its website or services to any person violating these rules, and to pursue appropriate legal action against violators. AACP will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.

 

11. PRIVACY

It is our policy to respect the privacy of visitors at our site. Click here to review our Privacy Policy. The terms and conditions of our Privacy Policy are hereby incorporated into these TOU, and these TOU are incorporated into our Privacy Policy. Your use of this site is subject to both the Privacy Policy and these TOU.

 

12. LIMITATION OF WARRANTIES

AACP PROVIDES THIS WEBSITE AND THE CONTENT, INFORMATION, PRODUCTS AND SERVICES ON OR THROUGH IT AS IS, AND AS AVAILABLE, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. AACP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states may not allow the exclusion of implied warranties, so check local laws.

 

13. LIMITATION OF LIABILITY

AACP DOES NOT WARRANT THAT THE CONTENT OR SERVICES AT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS LISTED, SOLD OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER AACP NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS OR INFORMATION CONTAINED AT THIS SITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE.

IN NO EVENT SHALL AACP OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER THE CONTENT, MATERIAL AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, LINKS TO OR FROM THIS SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. NEITHER MTG NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES SHALL BE LIABLE FOR ANY LOSSES YOU MIGHT SUSTAIN BY ENGAGING IN TRANSACTIONS WITH BUYERS OR SELLERS WHO YOU MEET AS A RESULT OF CLASSIFIED ADVERTISEMENTS POSTED ON ANY MTG WEBSITE. Some states do not allow the limitation of liability, so check local laws.

 

14. CLASSIFIED ADVERTISEMENTS

Some of our websites provide a forum (such as classified advertisements) in which sellers and buyers may be connected. By engaging in transactions with buyers or sellers that you meet via one of our websites, you proceed solely at your own risk and you agree that AACP is not responsible for any losses that you might sustain as a result of your transactions with such buyers and sellers. You should not engage in any transaction with a person with whom you are not comfortable or whom you suspect might be engaged in improper or questionable conduct. Please be aware that AACP, through certain of its websites, merely provides a forum in which buyers and sellers can connect. Neither AACP nor its websites posting classified advertisements facilitate any transaction, insure any transaction, or act as an intermediary, broker, or escrow agent in connection with such buyer-seller transactions.

You should be very careful before you send money to any seller posting an advertisement on one of our sites. In particular, we urge you to use reputable and well known money-transfer services and on-line merchant account services (such as PayPal) in engaging in transactions with sellers of goods advertised on one of our websites. We urge you to proceed with extreme caution in using such money transfer services, and under no circumstances should you deliver cash to a money transfer service with instructions to disburse the funds to an alleged agent of AACP or the website on which the classified advertisement was posted. Again, neither AACP nor its websites posting classified advertisements act as a transaction intermediary or escrow agent, and you should not do business with any seller who directs you to work with an employee or agent of AACP or the applicable website in completing the transaction.

 

15. INDEMNITY AND HOLD HARMLESS

AACP is not responsible for the accuracy, quality, safety, legality, intellectual property compliance, privacy policy, or content of any information, product or service offered by users, vendors, advertisers, promotional or business partners or any third-party sites, and you irrevocably waive any claim against AACP and its officers, directors, employees, representatives, agents, licensors and licensees with respect to the same. AACP does not guarantee such accuracy, and makes no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or any other matter. You assume the risk of their use and the entire cost of all necessary loss, servicing, repair or correction as a result of their use.

You agree to hold AACP and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site, or the truth or accuracy of any claim made about such goods or services. California residents expressly agree to waive California Civil Code Section 1542, which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

You also agree to indemnify, defend, and hold AACP and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, your breach of these Terms of Use or the documents that it incorporates by reference, or your violation of any law or the rights of any third party in connection with your use of this site.

 

16. TERMINATION OF SERVICES

We may eliminate or terminate any Content or service posted on or made available through any of our websites without notice to you at any time in our sole discretion. Without limiting any other remedy, AACP reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other user, the public, or us. You also agree that AACP will not be liable to you for any modification, suspension, or discontinuance of services provided, although if you are a paid subscriber to AACP’s video on-demand streaming service feature and AACP suspends or discontinues your subscription service, AACP may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with section regarding Subscriptions and Billing herein. However, if AACP terminates your account or suspends or discontinues your access to services due to your violation of these TOU, then you will not be eligible for any such credit, refund, discount or other consideration.

 

17. NOTICES

Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the site, you must provide all notices or complaints to AACP via e-mail to help@alphaautocarparts.com, pursuant to the instructions in our FAQs. All notices from AACP to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. AACP reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.

 

18. DISPUTE RESOLUTION

We endeavor to resolve customer concerns as quickly as possible. Please contact AACP at help@alphaautomobilecarparts.com.

In the unlikely event that you’re not satisfied with customer service’s solution, and you and AACP are unable to resolve a dispute through the Informal Dispute Resolution Procedures below, we each agree to resolve the dispute through binding arbitration or small claims court instead of in courts of general jurisdiction.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited AACP than in court, and is subject to very limited review by courts. Unless expressly limited by this arbitration provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys’ fees from us to the same extent as you would be in court.

 

ARBITRATION AGREEMENT

 

(1) Claims Subject to Arbitration: To the fullest extent permitted by applicable law, AACP and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;

• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);

• claims for mental or emotional distress or injury not arising out of physical bodily injury;

• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

• claims that may arise after the termination of this Agreement.

References to AACP, you, we and us in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates (including Warner Bros. AACP, Inc. and its affiliates); those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may elect to have claims heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. You agree that, by entering into this Agreement, you and we are each waiving the right to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This Arbitration Agreement shall survive termination of your subscription or this Agreement.

 

(2) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, a party who intends to initiate arbitration or file a claim in small claims court must first send to the other a written Notice of Dispute (Notice). A Notice to you by AACP must be sent to the email address associated with your subscription. Any Notice must include (i) the claimant’s name, address, and email address; and (if different) the email address associated with the relevant subscription; (ii) if you are submitting the Notice, how and when you became a subscriber, your subscription history, and current subscription status; (iii) a description of the nature and basis of the claim or dispute; including any relevant facts, and if you are submitting the Notice, facts pertaining to your use of Motor Trend and the platform(s) on which you watch it (e.g., via connected TV, iPhone, desktop); (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice; and (vi) if you are the claimant and are represented by counsel, your signed statement authorizing AACP to disclose your account details to your attorney while seeking to resolve your claim. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.

After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section 18. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and AACP have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. If the arbitration is already pending, it shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

 

(3) Arbitration Procedure: The arbitration will be governed by applicable rules of National Arbitration & Mediation (NAM) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (NAM Rules)), as modified by this Arbitration Agreement, and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at www.NAMADR.org,  or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/ or by contacting NAM.

You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in Section 18 and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).

All issues are for the arbitrator to decide, except as otherwise expressly provided herein and except as to issues relating to the scope and enforceability of the Arbitration Agreement or whether a dispute can or must be brought in arbitration (including whether a dispute is subject to this Arbitration Agreement or a previous arbitration provision between you and AACP), which are for a court of competent jurisdiction to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers.

Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise, any arbitration hearings will take place in the county (or parish) of your billing address and you and a AACP representative will be required to attend in person. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and AACP and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and AACP agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

 

(4) Arbitration Fees: The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.

 

(5) Confidentiality: Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

 

(6) Offer of Settlement: In any arbitration between you and AACP, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.

 

(7) Requirement of Individualized Relief: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. You agree that any arbitrations between you and AACP will be subject to this Section 18 and not to any prior arbitration agreement you had with AACP, and, notwithstanding any provision in this Agreement to the contrary, you agree that this Section 18 amends any prior arbitration agreement you had with AACP, including with respect to claims that arose before this or any prior arbitration agreement.

 

(8) Opt Out of Future Changes: Notwithstanding any provision to the contrary, if AACP makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending AACP an email from the email address associated with your subscription to notice@wbd.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) if applicable, the username or email address associated with any potential account or newsletter; and (v) the approximate date of your initial use of the relevant Site. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to reject the change to the Arbitration Agreement. This is not an opt out of arbitration altogether.

 

(9) Mass Filing:

If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (Mass Filing) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (NAM’s Mass Filing Rules, available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 18, until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

 

Stage One: Counsel for the claimants and counsel for AACP shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and AACP shall pay the mediator’s fee.

 

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for AACP shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and AACP shall pay the mediator’s fee.

 

Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for AACP shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.

If your claim is not resolved as part of the staged process identified above, either:

 

Option One: You and AACP may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with the Agreement. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out by sending AACP an email from the email address associated with your subscription to notice@wbd.com.  Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. AACP may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30 day opt out period. Counsel for the parties may agree to adjust these deadlines.

 

OR

 

Option Two: If neither you nor AACP elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with this Agreement.

You and AACP agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and AACP acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

 

(10) Severability: If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

 

CLASS ACTION AND JURY TRIAL WAIVER

You and AACP agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding.  This means that you and AACP may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and AACP may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or AACP may participate in a class-wide settlement.

To the fullest extent permitted by law, you and AACP waive any right to a jury trial.

 

GOVERNING LAW AND VENUE

These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute that is not subject to arbitration, or any issues involving arbitrability or enforcement of any provisions under the dispute resolution clause or Arbitration Agreement shall be brought in the appropriate state or federal court located in New York County, New York; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.

 

TIME LIMITATION FOR CLAIMS

Subject to the dispute resolution clause and to the extent permitted by applicable law, any dispute, claim or controversy arising out of or relating in any way to the Service or your use of the Service and/or Site, these Terms of Use, or the relationship between us, must be commenced within one year of the relevant events. A dispute is commenced if it is filed in an arbitration or, if the dispute is non-arbitrable, a court of competent jurisdiction, during the one-year period. If you or we provide notice of a dispute, the one-year period is tolled for 60 days following receipt of the notice of dispute (although for the sake of clarity, it may be further extended if your dispute, claim or controversy is part of a mass filing as contemplated in Section 18, Subsection (9)).

 

19. MODIFICATIONS TO THESE TERMS OF USE

AACP reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check this site or any other AACP website you use periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the site following the effective date of any changes to these TOU constitutes your acceptance of those changes.

 

20. GENERAL PROVISIONS

(a) Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only, and are not intended to in any way to confine, limit, construe or describe the scope or extent of such section.

(b) Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these TOU.

(c) International Use. We are a company based in the United States. AACP’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where AACP does not have rights or does not offer services is prohibited. Your subscription may not be always accessible through devices from outside the United States.

(d) No Waiver. No waiver by AACP of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.

(e) Entire Agreement. These Terms of Use and the materials incorporated by reference herein, including the AACP Privacy Policy, form the entire understanding and agreement between you and AACP with respect to your use of this site and the services offered hereunder, and may be modified only in accordance with the procedures specified herein.

(f) No Agency. You acknowledge and agree that AACP, in providing this site, is not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between AACP and either you or any vendor, business or promotional partner or advertiser at this site.