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© 2023 CARQUEST. All rights reserved. Terms and Conditions

Terms And Conditions

BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AND THE ENTITY LISTED BY YOU AS “BUSINESS NAME” IN THE ACCOUNT SET-UP PROCESS ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT ACCEPT THIS AGREEMENT, CLICK ON THE “EXIT” BUTTON TO EXIT THE ACCOUNT SET-UP PROCESS.

These terms of use (the “Agreement”) govern your Use (defined below) of the website located at www.virtualvehiclemd.com(the “Site”). The Site is provided by CARQUEST Auto Parts (“CARQUEST”). For the purposes of this Agreement (i) the “Site” includes all Content and Available Features, (ii) “Available Features” meansany features or services discussed, referenced, provided or offered through or on the Site, (iii) “Content” means all content, including, without limitation, all text, trademarks, written material, computer code, look and feel, trade dress, technical information and advertisements appearing on or otherwise making-up the Site, including, without limitation, the Animated Works, (iv) “Animated Works” means those animations of vehicle parts and systems made available on the Site; (v) “Using” or “Use” means visiting, participating in and accessing and using the Site, and (vi) “you” refers to you as an individual and the entity listed by you as “Business Name” in the account set-up process.

1. Requirements to Use the Site and Create a Site Account.

Only entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law are permitted to Use the Site and establish a Site account. In order to Use the Site (other than to view the home, about us, contact us and user guide pages of the Site) you must (i) subscribe to the Site by establishing a Site account and paying the applicable subscription fees, and (ii) have an active account in good standing with a CARQUEST Store. If you do not qualify, you are not permitted to create a Site account and otherwise Use the Site. Your account status with the CARQUEST Store set forth in your account registration request will be verified as part of the registration process and monitored at regular intervals. If at any time your CARQUEST Store account becomes delinquent or is closed, CARQUEST reserves the right to terminate your access to the Site.

When registering for a Site account you must provide (i) your name, (ii) your business name and mailing address, (iii) CARQUEST Store affiliation, address and phone number, (iv) primary administrator information for the account, and, if you are not a TECH-NET Professional Auto Service member, (v) billing and related information (“Payment Information”).

2. Applicable Subscription Fee.

If you are a TECH-NET Professional Auto Service member, your subscription fee is included in your membership. If you are not a TECH-NET Professional Auto Service member, your subscription fee shall be set forth on the account registration page. You must open a separate account and pay the applicable subscription fee for each physical location where you will Use the Site. CARQUEST reserves the right in its sole discretion to change the subscription fee at any time. In the event CARQUEST changes the subscription fee, CARQUEST will notify you not less than ten (10) days prior to your renewal date via email using the contact information provided during the account set-up process. In the event CARQUEST changes the subscription fee you may terminate your subscription by notifying us at least five (5) days prior to the renewal date according to the directions set forth in the notice. Failure to terminate your subscription within five (5) days prior to the renewal date and as otherwise described in the notice constitutes your acceptance of the revised terms.

3. Ownership and Permitted Use of the Site and the Content.

CARQUEST, its licensors, or other third parties own all Content. Content is protected under United States and other countries' copyright, trademark and other laws and international treaty provisions, and any unauthorized use by you of this Content may subject you to civil and criminal penalties.

You may Use the Site solely (i) at the physical location indicated on the account registration page, and (ii) to demonstrate how vehicle parts and systems function to your staff and customers. When you access Content through your Site account, you may (y) display the Content via the screen of the computer you used to access the Content by logging-in to your Site account solely to your staff and customers who are physically present in the store, and (z) using the functionality provided on the Site, send to a single customer at a time an email containing a link to a single Animated Work. For clarity, your Site account should ONLY be used at the physical location indicated on the account registration page. Except as specifically set forth in the previous sentence, you may not copy, reproduce, upload, distribute, publicly display or otherwise use the Content unless otherwise expressly permitted by CARQUEST in writing. You must obtain CARQUEST's express prior written permission for any use of Content which does not comply with this Section 3. You may not remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.

All rights in and to the Content not expressly granted in this Agreement are retained by CARQUEST.

4. Your Responsibilities with Respect to the Information You Provide and Activities that Occur under Your Site Account.

At all times during your Use of the Site, you must (i) provide accurate and truthful information about yourself, and (ii) update your information from time to time as necessary to keep your registration information current and accurate.

You are responsible for all activities that occur under your Site account. You may not share or allow others to use your user name and password. Please notify CARQUEST as soon as possible if (i) you need to change your password and account information or (ii) you suspect someone is accessing and using your account.

5. Disclaimers.

You acknowledge and agree that (i) the Site and Content are to be used for informational purposes only and shall not be used for diagnostic purposes, (ii) by Using the Site, including, without limitation, viewing any Content, you may be exposed to Content that is inaccurate, misleading, offensive or otherwise objectionable, (iii) you must evaluate and bear all risks associated with your use of or reliance on any Content, and (iv) under no circumstances will CARQUEST be liable in any way for any Content or for any loss or damage of any kind incurred as a result of your use of any Content.

6. Applicability of the Privacy Policy.

Information you provide or that is otherwise gathered in connection with your Use of the Site, including, but not limited to, your Site account information, is subject to the Privacy Policy[Insert Link] (the “Privacy Policy”), which is incorporated into this Agreement by reference.

7. Applicability of Other Terms.

In addition to this Agreement, additional or different terms and conditions ("Other Terms") may apply in connection with certain types of Available Features or Content. If applicable, these Other Terms will be set forth (i) where you are permitted to access such Available Features/Content, or (ii) in a link adjacent to where you are permitted to access such Available Features/Content. You should carefully review all Other Terms, as applicable, before accessing and using such Available Features/Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement conflicts with the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.

8. Submissions.

CARQUEST does not accept ideas, concepts, or techniques ("Comments") through the Site. If you provide Comments to us, you acknowledge and agree that (a) Comments will not be considered confidential or proprietary, (b) CARQUEST and its affiliates are under no obligation to keep Comments confidential, and (c) CARQUEST will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit Comments in any manner it chooses.

9. Reservation of Rights.

CARQUEST reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Site, (iii) to remove any Animated Work or any other Content from the Site, (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Site or any subscription to the Site, in whole or in part, including, but not limited to, as CARQUEST deems necessary for purposes of maintenance, upgrades and the like, to maintain the Site or to comply with applicable law. CARQUEST shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Site or subscriptions to the Site and shall have no obligation to refund any fees paid pursuant to this Agreement.

10. Restrictions on Your Use of the Site.

You must obey the law at all times when Using the Site. In addition, you may not, while Using the Site:

request, or otherwise attempt to obtain or store, personal information, passwords, account information or any other type of information of other users;
access or use another person's account;
disguise the origin of any submissions;
alter, modify, frame, or "mirror" any Content;
create a deep-link to the Site by by-passing the Site's home page;
use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site;
inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including but not limited to acting in any manner that disrupts users' real-time exchanges or hacking or defacing any portion of the Site;
interfere with or disrupt the Site, or servers or network connections to the Site;
disobey any requirements, procedures, policies or regulations of networks connected to the Site;
modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
attempt to gain unauthorized access to the Site (or any portion thereof), any Posting, any other systems or networks connected to the Site or any server related thereto;
Use the Site to intentionally or unintentionally violate any applicable local, state, national or international law or regulation; and
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

11. Use of the Site Outside the U.S.

The Site is available worldwide and may be operated from various locations both within and outside the United States. However, Use of the Site may be prohibited or restricted in countries outside the United States. If you Use the Site from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of the territory from which you Use the Site. You should not Use the Site if you are Using the Site from locations where such Use is prohibited by applicable law.

12. Payment.

a. Generally. You are obligated to pay all applicable charges under this Agreement, including, but not limited to, subscription fees and applicable taxes. Upon termination or expiration of this Agreement, you shall promptly pay CARQUEST all monies due hereunder. You may use the following methods of payment to pay the applicable subscription fee when you establish your Site account: MasterCard, Visa, American Express, and e-check.

b. Payment By Credit Card. You represent and warrant that you have the right and are authorized to use the credit/debit card or other method of payment you present to establish such account and that the billing and related information you provide is accurate and truthful. Applicable limits on your credit/debit cards may prevent you from establishing your Site account and subscribing to the Site. If for any reason you have not authorized charges to be made to your credit/debit card or your credit/debit card issuer does not pay CARQUEST for charges, CARQUEST reserves the right to immediately suspend or terminate your subscription to the Site.

c. Billing. You may access information regarding your subscription to the Site through your Site account. We will send you a receipt for your subscription to the Site via email to the email address associated with your Site account. For the purposes of this Agreement, the "Total Purchase Price" means subscription fee plus any applicable taxes. Subscriptions to the Site will be billed in accordance with the following:

Our policy is to immediately bill your credit/debit card for the Total Purchase Price of the initial subscription period. You understand and agree that fees for subsequent subscription periods will be authorized/billed automatically (in accordance with the preceding sentence) on a monthly or yearly basis as selected by you on the registration page (each fee paid for an applicable subscription period is a "Subscription Payment"). CARQUEST will continue to bill you monthly or yearly, as applicable, for all amounts due CARQUEST in connection with your purchase of a subscription to the Site whether such amounts become due before or upon termination of the subscription (e.g., any amounts due for a current or future subscription period and any applicable termination fees). In the event the billing information in your applicable Site account is not current or accurate when a fee for or in connection with your subscription to the Site is due such that our attempt to charge your credit/debit card is declined, CARQUEST may immediately terminate your subscription to the Site without any further obligations to you.
Subject to the provisions of Section 2 of this Agreement, we will charge your credit/debit card for the same amount each time. If a Subscription Payment for your subscription to the Site will vary in amount from the immediate past Subscription Payment, CARQUEST will inform you, at least ten (10) days before the next Subscription Payment is due, what the new amount of your Subscription Payment will be, when it will be charged to your account and how you can cancel your subscription.
If you sign up for a trial subscription to the Site, you will have to provide us with billing information prior to expiration of the trial subscription period in order for your subscription to the Site to continue upon expiration of the trial subscription period. The number of days included in any trial subscription period will be set forth on the registration page.

13. Renewal of Your Subscription and Your Termination Rights.

a. Renewal. Your subscription to the Site shall continue and automatically renew on a monthly or yearly basis, as applicable, unless terminated by you or CARQUEST as provided in this Agreement. In the event that your billing information changes you must update your billing information before the next payment becomes due.

b. Your Termination Rights. You may terminate your subscription to the Site via our website or by emailing us using the contact information provided in the “Contact Us” section of the Site. We must receive your notice of termination no later than 5:00 p.m. eastern standard time on the fifth (5th) business day preceding the expiration of the then-current subscription period in order for your termination to be effective as of the expiration of the then-current subscription period. Notices received after such time will not be effective until the end of the subsequent subscription period. Upon termination, all amounts owed to CARQUEST with respect to your subscription to the Site, including but not limited to any applicable termination fees, shall become due to CARQUEST.

14. Refunds/Returns/Exchanges.

No refunds, returns or exchanges are permitted with respect to your subscription to the Site. All sales are final.

15. Payment Disputes.

If you dispute any charge made under this Agreement, you must notify CARQUEST in writing within sixty (60) days of any such charge. Failure to so notify CARQUEST shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records maintained by CARQUEST.

16. Term.

The term of this Agreement shall begin on your acceptance of this Agreement and shall continue until terminated as provided herein. CARQUEST may terminate this Agreement and your account at any time upon notice to you.

17. Modifications.

CARQUEST may amend this Agreement at any time, in its sole discretion, upon advance notice to you in a manner CARQUEST chooses that complies with law. In the event such changes have a material adverse impact on you, your sole remedy is to terminate this Agreement in the manner described in the notice we provide. Failure to terminate this Agreement within ten (10) days after receiving notice and as otherwise described in the notice constitutes your acceptance of the revised terms.

18. Additional Representations and Warranties.

You represent and warrant that: (a) you are eighteen (18) years of age or older, (b) you have the right and ability to enter into this Agreement on behalf of yourself and the entity listed by you as “Business Name” in the account set-up process; (c) all information submitted to the Site through your Use of the Site, including, without limitation, through the account set-up process and otherwise, will be true, correct, accurate and complete when supplied and will be updated and revised as and when data previously supplied becomes inaccurate, and (d) if you provide CARQUEST with information concerning a third party, including, without limitation, a third party’s name and address, you have the authority to do so.

19. Warranty Disclaimer.

AS TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, CARQUEST EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CARQUEST DOES NOT make any representation or warranty regarding any CONTENT AND AVAILABLE FEATURES MADE AVILABLE ON THE sITE, including without limitation, THE ANIMATED WORKS.

YOU ASSUME ALL RESPONSIBILITY AND RISK RELATED TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO YOUR USE OF CONTENT AND AVAILABLE FEATURES. CARQUEST WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING THE SITE.

20. Limitation of Liability.

CARQUEST SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO YOUR USE OF CONTENT AND AVAILABLE FEATURES, EVEN IF CARQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE LIABILITY OF CARQUEST FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS ARISING OUT OF OR RELATING TO THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED THE SUBSCRIPTION FEES PAID TO CARQUEST BY YOU PURSUANT TO THIS AGREEMENT DURING THE CALENDAR YEAR DURING WHICH THE APPLICABLE CLAIM ACCRUED, ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.

CARQUEST SHALL NOT BE LIABLE FOR FAILING OR DELAYING PERFORMANCE OF ITS OBLIGATIONS RESULTING FROM ANY CONDITION BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, GOVERNMENTAL ACTION DIRECTED AT A PARTY SPECIFICALLY, ACTS OF TERRORISM, EARTHQUAKE, FIRE, FLOOD OR OTHER ACTS OF GOD, LABOR CONDITIONS, POWER FAILURES, OR INTERNET DISTURBANCES.

21. Indemnification.

You agree to defend, indemnify and hold harmless CARQUEST, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively “CARQUEST Indemnitees”) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise from or relate to (a) your Use of the Site, including, but not limited to your use of Content and Available Features, or (b) any breach by you of the representations and warranties set forth in this Agreement.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIONS TAKEN BY YOU OR BY ANYONE USING YOUR ACCOUNT.

22. Contact.

For all questions and issues arising under this Agreement, please use the following contact information:

By email: service@virtualvehiclemd.com
Phone: (800) 214 0289

23. Links.

The Site may display links to other websites or resources sponsored by third parties (such third party sites are known as "Linked Websites"). Access of Linked Websites is at your own risk. These Linked Websites may not be available at all times and may contain content that is untrue, offensive, inaccurate, incomplete, or outdated. CARQUEST does not endorse or provide warranties of any kind as to any Linked Websites (and any websites to which they link). You should review these Linked Websites closely before submitting information to such Linked Websites or allowing children to visit these Linked Websites.

24. System Requirements.

You are responsible for the purchase and maintenance, at your sole cost and expense, of any hardware, software, Internet access, and/or related service access and devices required to Use the Site. You acknowledge and agree that your ability to Use the Site will depend on (among other things) the speed of your Internet access and the hardware and software accessing the Site (including whether you have obtained the upgrades and updates that are available for such hardware and software). You acknowledge and agree that CARQUEST may, at any time and in its sole discretion, change the Available Features and Content and the requirements (type of Internet access, hardware, software) to use the Available Features and Content. CARQUEST does not guarantee or warrant that you will have access, at any time, to the Site or any Available Features or Content.

The detail and accuracy of the image and specifications of Content that you see as a visitor to the Site will depend on a number of things, including your computer equipment and Internet connections. In addition, CARQUEST is constantly updating the Available Features and Content on the Site in response to the requests and advancements made in the industry. Consequently, CARQUEST cannot and does not guarantee that the Available Features and Content, including but not limited to, images, services or specifications displayed or described to you on the Site are or will remain accurate in every detail. You agree that the technical information, opinions, recommendations and other information made available to you on the Site, including commentary regarding particular Content are provided for your convenience only and shall not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.

25.        Miscellaneous

            a.          If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

b. To the fullest extent permitted by law, this Agreement and any claim or dispute arising out of or relating to this Agreement will be governed by and construed in accordance with the laws of the State of North Carolina without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of state or federal courts located in Wake County, North Carolina, and you hereby consent and submit to the personal jurisdiction of such courts.

c. You may not use, export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.

d. This Agreement constitutes the entire agreement between you and CARQUEST relating to your Use of the Site and shall supersede any other agreement between you and CARQUEST with respect to the subject matter of this Agreement.

e. Each party shall perform its obligations under this Agreement in compliance with all applicable international, federal, state and local laws, regulations and ordinances. This Agreement does not create any fiduciary relationships between you and CARQUEST, service providers or other companies that assist with maintaining the Site. This Agreement does not create any relationship of principal and agent, partnership or similar relationship. Where appropriate in context, the conjunctive shall include the disjunctive, any shall include all, the singular shall include the plural, and vice versa. Section headings in this Agreement are for convenience only and have no legal or contractual effect. Sections 3, 5-9, 11, 12, 13, 15 and 18-25 shall survive the termination or cancellation of this Agreement.

f. Any rights or obligations hereunder may not be transferred or assigned by you without the prior written consent of CARQUEST. CARQUEST may freely assign and delegate this Agreement and any of its rights or obligations hereunder.

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