Terms and Conditions

By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. PRICES ARE SUBJECT TO CHANGE. ROCKY MOUNTAIN EUROPEAN AUTO PARTS RESERVES A RIGHT TO CANCEL ANY ORDER.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER 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. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Terms of Use


Confidentiality

The content on the Site is the proprietary information of Rocky Mountain European Auto Parts or Rocky Mountain European Auto Parts’ licensor (“Licensor”) (collectively, “Owner”) and is confidential, unless content is made publicly available through no fault of yours or is independently known or developed. In particular, all pricing information at the Site is confidential and commercially sensitive. You may not use any of the content except to search, review, select, and purchase the products displayed, and may not disclose it to anyone. The Site and its content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial or competitive purpose not expressly permitted by Owner. 

Intellectual Property

All content on, the software used at, and the presentation and compilation of information at the Site are protected by U.S. and international copyright and trademark laws and treaties. Except as expressly provided in these Terms of Use, you may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, decompile, reverse engineer, disassemble or commercially exploit such content without Owner’s written consent. All trademarks, service marks and trade names appearing at the Site are property of their respective owners, and may not be used by you.

Disclaimer

YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR SOLE RISK. MATERIAL PARTS OF SUCH CONTENT ARE SUPPLIED BY THIRD PARTIES. SUCH CONTENT IS BELIEVED TO BE RELIABLE BUT OWNER CANNOT CONTROL OR VERIFY IT. SOME PRODUCT IMAGES MAY NOT BE EXACT REPRESENTATIONS OF THE PRODUCT. ALTHOUGH OWNER TRIES AND INTENDS TO PROVIDE TIMELY AND ACCURATE INFORMATION, IT CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION OFFERED AT ALL TIMES. GIVEN THE MAGNITUDE OF ITS INVENTORY AND CONSTANTLY CHANGING STOCK CONDITIONS, OWNER CANNOT BE RESPONSIBLE FOR OUT OF DATE APPLICATIONS, CHANGES IN WARRANTY, OR UNTIMELY PRODUCT INFORMATION FROM SUPPLIERS. THE SITE MAY BE UNAVAILABLE AT TIMES AND MAY PRODUCE UNINTENDED OR ERRONEOUS RESULTS WHEN ACCESSED BY CUSTOMERS. YOU ACCEPT THE SITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY WHATSOEVER. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

Limitations on Liability

NEITHER OWNER NOR ANY OTHER PARTY INVOLVED WITH THE SITE WILL BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF (A) THESE TERMS AND CONDITIONS, (B) YOUR USE OF THE SITE OR ITS CONTENTS, OR (C) UNAVAILABILITY OR INACCURACY OF THE SITE, CONTENT OR PRODUCTS ON THE SITE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THE SITE OR CONTENT, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), EVEN IF YOU HAVE NOTIFIED OWNER IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. Consult your state’s laws.

Indemnification

You agree to indemnify, defend and hold harmless Rocky Mountain European Auto Parts, its Licensor, and their parents, subsidiaries, affiliates, officers, directors, agents and employees, from any claim or demand, including reasonable attorneys’ fees and other legal costs, made by any third party due to or arising out of your breach of these Terms of Use, your violation of any law or the rights of a third party, or any other wrongful conduct or misconduct hereunder. You will cooperate fully in any defense of such claim. Owner reserves the right to control the defense of any such claim.

General

(a) Any claim arising out of these Terms of Use will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, Chicago, Atlanta, or New York, at the election of the claiming party. Either party may seek equitable relief from any court of competent jurisdiction. This provision will survive the termination of these Terms and Conditions. These Terms and Conditions will be governed by and in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. 
(b) Owner reserves the right to change these Terms of Use (on a going forward basis), the Site, and its content at any time. You may be asked in the future to accept such changes before accessing the Site. Your continued use of the Site after any such change is made constitutes acceptance of such change. If you do not agree to any such changes, your recourse is to discontinue use of the Site. 
(c) If any provision of these Terms of Use is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. These Terms of Use constitute the entire agreement between you and Owner and supercede all proposals and other communications made between the parties, written or oral. These Terms of Use can only be changed as stated above.