TERMS OF USE

THIS POLICY WAS LAST UPDATED NOVEMBER 22, 2017
Welcome to WholesaleDirectAutoParts.com. This Web site is operated on behalf of Wholesale Direct Auto Parts, a division of Icahn Automotive Group, LLC ( "Wholesale Direct " or "We "). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use "), govern your access to and use of the Web site, including any content, functionality, and services offered on or through this Web site. Please review these Terms of Use which govern your use of the Web site. By accessing, browsing or using our Web sites, you acknowledge that you have read, understand and agree to be bound by these terms.

Please read the Terms of Use carefully before you start to use the Web site. These Terms of Use were last modified as of the date set forth above. By using the Web site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy which is incorporated into these Terms of Use. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Web site..

This Web site is offered and available to users who are 18 years of age or older. By using this Web site, you represent and warrant that you are at least 18 years old. If you are not, you must not access or use the Web site.

We may update the content on this Web site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Web site may be out of date at any given time, and we are under no obligation to update such material.

Accessing the Web site and Account Security

We reserve the right to cease operation of or modify this Web site and any service or material we provide on the Web site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Web site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Web site or the entire Web site.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Web site; and
  • Ensuring that all persons who access the Web site through your internet connection are aware of these Terms of Use and comply with them.

Site Contents, Ownership and Use Restrictions

The information contained in this Web site, including all images, illustrations, designs, photographs, writings and other materials that appear on such Web sites, are copyrights, trademarks, trade dress or other intellectual property owned, controlled or licensed (all of which, collectively, are herein referred to as the "Contents") by Wholesale Direct or its affiliates or are the property of their respective owners. The Wholesale Direct Auto Parts logo is a mark of Icahn Automotive Group, LLC. You must not reproduce, distribute, modify, create derivative works derived from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Web site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes; and
  • You may use features of the Web site that permit you to forward Web site content, but only if you do so in a manner consistent with these Terms of Use

    You must not:
  • Modify copies of any materials as they appear on this Web site;
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Web site; or
  • Access or use for any commercial purposes any part of the Web site or any services or materials available through the Web site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Web site in breach of the Terms of Use, your right to use the Web site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Web site or any content on the Web site is transferred to you, and all rights not expressly granted are reserved by Icahn Automotive Group, LLC. Any use of the Web site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Except as described above, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded or in any manner mirrored, photocopied or reproduced without the prior written permission of Icahn Automotive Group, LLC or the applicable copyright owner. Please note that the permission granted herein terminates automatically if you breach any of these Terms of Use. Any other use of the Contents on our Web sites for purposes other than as noted above, including any reproduction, modification, distribution or republication, may violate copyright or trademark laws, and, without the prior written permission of Icahn Automotive Group, LLC, is strictly prohibited.

Prohibited Uses

You may use the Web site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Web site:

  • In any way that violates any applicable federal, state, local, or international law or regulation or professional rules or standards (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter" or "spam," or any other similar solicitation;
  • To impersonate or attempt to impersonate Icahn Automotive Group, LLC, an Icahn Automotive Group employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web site or which, as determined by us, may harm \ Icahn Automotive Group, LLC or users of the Web site or expose them to liability.
Additionally, you agree not to;

  • Use the Web site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Web site, access any equipment or network on which the Web site is stored or operated or any software used in the operation of the Web site or any equipment or software operated by any third party;
  • Use any robot, spider, or other automatic device, process, or means to access the Web site for any purpose, including monitoring or copying any of the material on the Web site;
  • Use any manual process to monitor or copy any of the material on the Web site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Web site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Web site, the server on which the Web site is stored, or any server, computer, or database connected to the Web site;
  • Attack the Web site via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Web site.

Reliance on Information Posted

The information presented on or through the Web site is made available solely for information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Web site, or by anyone who may be informed of any of its contents. This Web site may include (or include links to) content provided by third parties. All statements expressed in these materials and all articles and responses to questions and other content, other than the content provided by Wholesale Direct Auto Parts itself, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Icahn Automotive Group, LLC. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Linking to the Web site

You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Subject to the foregoing, you must not:

  • Establish a link from any Web site that is not owned by you;
  • Cause the Web site or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site;
  • Link to any part of the Web site other than the homepage;
  • Otherwise take any action with respect to the materials on this Web site that is inconsistent with any other provision of these Terms of Use
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable any links at any time without notice at our discretion.

Links From the Web site

The Web site may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Web sites linked to this Web site, you do so entirely at your own risk and subject to the terms and conditions of use for, and the policies (including privacy policies) of, such Web sites.

Disclaimer of Warranty

WHOLESALE DIRECT AND ICAHN AUTOMOTIVE GROUP, LLC ARE PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH COMPANY BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE AND CURRENT, WHOLESALE DIRECT AND ICAHN AUTOMOTIVE GROUP, LLC DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THESE WEB SITES IS ACCURATE, COMPLETE OR CURRENT. WHOLESALE DIRECT AND ICAHN AUTOMOTIVE GROUP, LLC DO NOT WARRANT THAT ANY PART OF THESE WEB SITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE WEB SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHOLESALE DIRECT AUTO PARTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, CONTENT, SERVICES OR PRODUCTS OF THESE WEB SITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

Disclaimer of Liability

IN NO EVENT WILL WHOLESALE DIRECT OR ICAHN AUTOMOTIVE GROUP, LLC, THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEB SITE, ANY WEB SITES LINKED TO IT, ANY CONTENT ON THE WEB SITE OR SUCH OTHER WEB SITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE. IN NO EVENT SHALL WHOLESALE DIRECT OR ICAHN AUTOMOTIVE GROUP, LLC BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL AND LOSS OF USE, DATA OR PROFITS. THIS LIMITATION APPLIES WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF THE CONTENTS OF THESE WEB SITES.

Accessing the Web site and Account Security
We reserve the right to cease operation of or modify this Web site and any service or material we provide on the Web site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Web site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Web site or the entire Web site.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Web site
  • Ensuring that all persons who access the Web site through your internet connection are aware of these Terms of Use and comply with them
You may be offered the opportunity to provide certain information through the Web site. It is a condition of your use of the Web site that all the information you provide on the Web site is correct, current, and complete. You agree that all information you provide to this Web site or otherwise including, without limitation, through the use of any interactive features on the Web site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Accessing the Web site and Account Security

We reserve the right to cease operation of or modify this Web site and any service or material we provide on the Web site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Web site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Web site or the entire Web site.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Web site
  • Ensuring that all persons who access the Web site through your internet connection are aware of these Terms of Use and comply with them
You may be offered the opportunity to provide certain information through the Web site. It is a condition of your use of the Web site that all the information you provide on the Web site is correct, current, and complete. You agree that all information you provide to this Web site or otherwise including, without limitation, through the use of any interactive features on the Web site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Indemnification

You agree to defend, indemnify, and hold harmless WHOLESALE DIRECT AND ICAHN AUTOMOTIVE GROUP, LLC, their affiliates, licensors, and service providers, and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Web site, including, but not limited to, any use of the Web site’s content, services, and products other than as expressly authorized in these Terms of Use.

Information Provided by You

You agree that any information that you transmit to this Web sites or otherwise provide to us in connection with these Web sites ("Transmissions") shall be and remain the property of Wholesale Direct and Icahn Automotive Group, LLC. Subject to our compliance with our Web site Privacy Policy, we shall be free to use such Transmissions in the ordinary course of our business without limitation. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing or marketing products incorporating such information. In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. You are solely responsible for the content of any Transmission you make.

Governing Law and Jurisdiction

All actions arising from relating to the Web site and these Terms of Use or their claimed breach shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any suit, action, or proceeding arising out of, or related to, these Terms of Use or the Web site shall be instituted and prosecuted exclusively in the federal or state located in the Southern District of New York, and you consent to the exercise of personal jurisdiction by, and exclusive venue in, such courts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant jurisdiction.

Geographic Restrictions

This Web site is maintained in the United States. We make no claims that the Web site or any of its content is accessible or appropriate in any particular country or jurisdiction. Access to the Web site may not be legal by certain persons or in certain countries. If you access the Web site from outside of its country or countries of operation, you do so on your own initiative and are responsible for compliance with local laws.

Changes to the Web site

We may update the content on this Web site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Web site may be out of date at any given time, and we are under no obligation to update such material.

Terms of Use Revisions

We may revise these Terms of Use by updating this posting. You agree that in the event any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use shall remain in full force and effect. By using our Web sites you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Wholesale Direct and Icahn Automotive Group, LLC with respect to the Web site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Web site.