Terms of Use

Introduction

Welcome to our website! We have created this site with you, the customer, in mind. Our website contains many useful features and information to assist you in your vehicle parts search and purchase. We do have rules though, and we want you to understand the rules so we can each set our expectations. Please take a few moments to review this information carefully. Your use of this website is subject to these Terms of Use and you agree that you have read, understand and will comply with them as a condition to your use of the website.

PRIVACY

Please review our Privacy Notice, which also governs your use of OEM Services, to understand our practices. These policies also govern your use of OEM Services. We reserve the right to make changes to our site, policies, and these Terms of Use at any time.

Website Information

We designed our website with the intent of providing the auto parts industry's best customer experience. This includes providing you with updated information. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present. Given the amount of data involved and its ever-changing nature, it is not possible to ensure that everything is free of human and/or technological errors. Our site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We will do our best to maintain accurate information and correct any inaccuracies once we are made of aware of them. We reserve the right to correct any mistakes, inaccuracies or omissions (including point of sale shipping estimates) at any time up to and including after an order has been submitted without prior notice.

Ownership and Proprietary Rights

All information contained in this website, unless otherwise stated, is owned solely and exclusively by OEM Auto Parts and Accessories. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, OEM Auto Parts and Accessories has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of OEM Auto Parts and Accessories. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other "hidden text" utilizing OEM Auto Parts and Accessories ‘s name or trademarks. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.

Intellectual Property

This website contains several names, logos and marks, including but not limited to, the OEM Auto Parts and Accessories name which are registered trademarks or service marks of OEM Auto Parts and Accessories. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible.

Website Warranty Disclaimer

OEM Auto Parts and Accessories MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OEM Auto Parts and Accessories DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. OEM AUTO PARTS AND ACCESSORIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE OEM AUTO PARTS AND ACCESSORIES WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Usage and Ownership of Customer Information

All information submitted to OEM Auto Parts and Accessories through our website becomes and remains the property of OEM Auto Parts and Accessories. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with applicable law and our Privacy Policy. We maintain strict physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access.

Electronic Communications

When you use the OEM Auto Parts and Accessories Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. By providing us with your email address, telephone number or other contact information, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages. 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. If you do not want to receive our electronic communications, you can unsubscribe at any time. Please allow us 7-10 business days from the date of request to complete the removal, as some of our promotions may already have been in process before you submitted your request.

Links to Third Party Websites

While using this website, you may choose to link to third-party websites that are not affiliated with OEM Auto Parts and Accessories. OEM Auto Parts and Accessories is not responsible for the content of these third-party websites, or any subsequent links, and has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third-party websites are not necessarily those of OEM Auto Parts and Accessories, and OEM Auto Parts and Accessories does not endorse the contents of these third-party websites in any way. Also, OEM Auto Parts and Accessories is not responsible for webcasting or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential. OEM Auto Parts and Accessories is providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.

Legal Disputes and Choice of Law

If there is a legal dispute of any kind about or arising out of the use of this website, the laws of the State of Florida will govern such dispute without regard to its conflict of laws rules. You agree that if any part of these Terms of Use is found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect. By using this website, you expressly agree and irrevocably submit to personal jurisdiction and exclusive venue in the state and federal courts located in the City of Ft. Lauderdale, Broward County, Florida.

Violations of Website Terms of Use

In the event, you violate or attempt to violate any part of this Terms of Use, OEM Auto Parts and Accessories reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.

Indemnification

You agree to indemnify, defend, and hold harmless OEM Auto Parts and Accessories from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees), relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

Severability and Integration

In the event, any part of this Terms of Use is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that these Terms of Use represent the entire agreement governing your use of this website.

No Confidentiality

The only information that we will request is the information necessary to receive, process and fill our customer’s orders. We specifically do not want our customers to provide us with any confidential or proprietary information or trade secrets through this site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation due to you. We will not use your name unless we are required by law to identify the source of the information, materials, suggestions, ideas or comments.

Reservation of Rights

Any and all rights not expressly granted to you in this Legal Notice and this Website Terms of Use are hereby reserved by OEM Auto Parts and Accessories. By accessing this website, you represent and affirm that you meet these requirements. We reserve the right to amend any part of this website at any time without notice and without incurring any obligation unless prohibited by applicable law. We will provide to you all notices as required by law in the event of such change. We encourage you to periodically review these Terms of Use for updates.

Minors

In compliance with the Children's Online Privacy Protection Act, OEM Auto Parts and Accessories does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website without parental or legal guardian's consent, we will immediately delete such information.

Procedure for Alleging Copyright Infringement

A. DMCA Notice. OEM Auto Parts and Accessories will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via this website, then you may send us a written notice that includes all of the following:

  • a legend or subject line that says: "DMCA Copyright Infringement Notice";
  • a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the website on which the material appears);
  • your full name, address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
  • your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by "//s//", which will serve as your electronic signature.
  • OEM Auto Parts and Accessories will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:

By Mail:

OEM Auto Parts and Accessories, Inc.
200 SW 1st Ave, Suite 1400

Ft. Lauderdale, FI 33301
Attn: Legal Department

It is often difficult to determine if your copyright has been infringed. OEM Auto Parts and Accessories may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and OEM Auto Parts and Accessories may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting OEM Auto Parts and Accessories 's other rights, OEM Auto Parts and Accessories may, in appropriate circumstances, terminate a repeat infringer's access to this website and any other website owned or operated by OEM Auto Parts and Accessories.

B. DMCA Counter-Notification.

If access on the Website to a work that you submitted to OEM Auto Parts and Accessories is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  • a legend or subject line that says: "DMCA Counter-Notification";
  • a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the website from which the material was removed or access to it disabled);
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your full name, address, telephone number, e-mail address, and the username of your account;
  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of Florida), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  • your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by "//s//", which will serve as your electronic signature.

    Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Required California Disclosure: CA Supply Chain Transparency

OEM Auto Parts and Accessories recognizes the serious nature of the crimes of human trafficking and slavery. OEM Auto Parts and Accessories has taken and will take every reasonable effort to ensure that its supply chain is free of products that are tainted by human trafficking. Through its Manufacturer Relations Department, OEM Auto Parts and Accessories routinely meets with and engages representatives from the new vehicle manufacturer makes it represents. Among the important issues discussed with said representatives is the need to implement and maintain appropriate controls to ensure that these manufacturers avoid any issues of human trafficking and slavery in their manufacturing process. We have been assured by said manufacturer representatives that they have such controls in place. OEM Auto Parts and Accessories is currently working on developing an appropriate and satisfactory protocol by which it can audit or, at a minimum, have said manufacturers re-certify on a regular basis, their continued adherence to and maintenance of, programs and policies designed to avoid any human trafficking or slavery in the manufacture of their vehicles and parts. With respect to the used vehicles sold by OEM Auto Parts and Accessories, and all replacement parts acquired by OEM Auto Parts and Accessories in its repair and reconditioning process that are purchased from other retailers, OEM Auto Parts and Accessories believes that it has taken all necessary steps to audit and reasonably mitigate the risk that its products are tainted by the crimes of human trafficking and slavery.