ICAHN Automotive

Terms of Use

This Web site and all materials within it are Copyright© 1999-2019 Icahn Automotive Group LLC (“IAG”). All rights reserved. By using this Web site you agree to be bound by these Terms of Use.

 

APPLICABLE LAW AND ARBITRATION AGREEMENT

The laws of the Commonwealth of Pennsylvania (without applying conflict-of-law principles) will govern these Terms of Use and any dispute that might arise between you and IAG or its affiliates ("IAG" or "we" or "our") regarding your use of this Web site. Any dispute relating to your use of this site or the products you purchase from our online store must be submitted to confidential arbitration. ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, and not as a plaintiff or class representative or member or otherwise on behalf of others in any purported class, collective or representative proceeding. Notwithstanding the foregoing, to the extent IAG believes you violated or may violate IAG's intellectual property rights, IAG may seek injunctive or other appropriate relief in any state or federal court located in Philadelphia, Pennsylvania; and you consent to exclusive jurisdiction and venue in such courts. Arbitrations hereunder will be resolved through the arbitration process. For further details, please click on the Arbitration Process link which can be found at the bottom of each page of the IAG Web site. You agree to defend, indemnify and hold harmless IAG, its subsidiaries and affiliates, and its and their respective employees, shareholders, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, claims, suits, damages, investigations, inquiries, costs and expenses (including without limitation, reasonable attorneys' fees and expenses) arising out of or otherwise relating to your use of this Web site or any actual or alleged breach of these Terms of Use. These Terms of Use and the other policies are on our Web site, set forth the entire agreement regarding your use of this Web site. Because these Terms of Use and our other policies are subject to change and you will be bound by such changes, you should periodically visit this section to review the current Terms of Use and policies.

ELECTRONIC COMMUNICATIONS

When you visit this Web site, you are communicating with IAG electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY; FEEDBACK

You may download or reproduce material owned by IAG and displayed on this Web site for your personal use only. You may not distribute, modify or otherwise use the material for public or commercial purposes without our prior written permission, except that you may print one copy of an item page for your ease of shopping in our stores. You may hyperlink to any section of our Web site provided the content of the linking page does not portray IAG in a false, misleading or derogatory manner. We reserve the right to require that any Web site violating these Terms of Use immediately remove the hyperlink. This Web site contains names, logos, trademarks, service marks and other intellectual property which we own or have permission to use, and may not be used by you for any purpose without our prior written permission. You may not download or reproduce any material owned by third parties. If you believe your work has been copied in such a way that it infringes upon your intellectual property rights, please contact the office of our General Counsel at 1155 Roberts Blvd. Ste. 175, Kennesaw, GA 30144

While we welcome your comments, feedback, suggestions, ideas or reviews, any communications or information you transmit or offer to us or on this Web site or otherwise offer in connection with your use of this Web site (collectively, “Feedback”), should not be considered by you to be confidential or proprietary and will become our sole and exclusive property to be used by us, in whole or in part, for any purpose whatsoever in any form, medium or technology (including derivative works) throughout the world, without compensation or restriction. Feedback shall not violate these Terms of Use, any right of any third party or any law, rule or regulation. Any product reviews which you submit are also subject to the Customer Ratings & Reviews Terms & Conditions.

PRIVACY

We know you are concerned about the information you provide us and how we treat such information. We are concerned about it too. As a general policy, no personal information is automatically collected from visitors to this Web site. However, as is common on most Web sites, certain non-personal information is recorded by the standard operation of the Web technology we use. Data that would personally identify you are known only when you voluntarily submit it. For a more detailed description of how we collect and use your information, please visit our Privacy Policy.

LINKS TO OTHER SITES

We provide links to other Web sites we think may be of interest to you. However, we do not endorse or control those Web sites and cannot be responsible for the content of those Web sites.

LAWFUL USE

You represent your use of this Web site and the purchase or use of a product is for lawful purposes only and you satisfy any age or other legal requirements applicable to your use of this Web site or to the product purchased. You may not use this Web site or any information contained herein for any unlawful purpose or for any purpose prohibited by these Terms and Conditions. You agree that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may not use this web site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Web site, including all financial charges and legal liability that he or she may incur.

SMS TERMS AND CONDITIONS

IAG allows customers and other users of the site to receive promotional content via text messaging at the number you have provided:

  • IAG promotional Short Code is 737269
  • Text STOP to cancel
  • Text HELP for info
  • Message and Data Rates May Apply
  • Recurring autodialed marketing messages delivered to the phone number provided at opt-in
  • T-Mobile is not liable for delayed or undelivered messages
  • Consent is not a condition of purchase
  • To request support at anytime, text “HELP” to 737269 or send an e-mail to clientservices@3c.com.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND ERRORS

While we try to provide accurate and updated information on and through this Web site, the information on this Web site and/or the information provided through this Web site may contain errors or omissions and may not be current. THE CONTENT, INFORMATION AND MATERIALS IN THIS SITE, WHETHER PROVIDED BY US OR A THIRD PARTY AT OUR REQUEST, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR HARM CAUSED BY IMPROPER USE OR INSTALLATION BY CUSTOMER OF ANY ITEM ON THIS WEBSITE OR FOR ANY ACTION OR INACTION TAKEN BASED IN WHOLE OR IN PART OF INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE . WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVERS ARE FREE OF VIRUS, TROJAN HORSES OR HARMFUL BUGS OR COMPONENTS. IN NO EVENT SHALL IAG BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST REVENUES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU PURCHASE ANY ITEM FROM THIS WEB SITE THAT IS NOT AS DESCRIBED ON THIS WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE. We will not be liable to you or anyone else for any direct or indirect damages of any nature or injury resulting from your access to, or inability to access, this Web site, from your reliance on the information provided on or through this Web site, or from your failure to follow these Terms of Use, even if we have been advised of the possibility of such damage. Information and material on this Web site, including product images and colors and advice received through our live chat function or otherwise, is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on this Web site is at your sole risk. In the event we determine the information on this site is in error or otherwise inaccurate, we may take any action we deem reasonable or necessary, in our sole discretion, to rectify the error or inaccuracy, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged, including but not limited to canceling your order. If your credit card has already been charged for the purchase and your order is cancelled, IAG will issue a credit to your credit card account in the amount of the charge. Please check with your card issuer for timing of receipt of your refund. You will receive the same warranty if you purchase an item on our Web site as you would if you purchased the item in one of our stores.

CERTAIN STATES MAY 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 MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

MISCELLANEOUS

No failure or delay on the part of IAG in exercising any power or right under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. In the event that any one or more of the provisions contained in these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then, such invalid, illegal or unenforceable provision in this Terms of Use shall be severed and to the maximum extent permitted by law, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms of Use. The titles, captions or headings of the sections and paragraphs hereof are for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of these Terms of Use.

These Terms of Use were last updated on February 13th, 2019.