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TERMS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. ALL USERS OF THIS WEBSITE AGREE THAT ACCESS TO AND USE OF THIS WEBSITE
IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND OTHER APPLICABLE LAW. IF YOU
DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
Product Information.
Product information on the Website does not constitute an offer to sell. Rather,
product information is provided merely for advertising purposes. Your submission
of an order to Bosch Automotive Service Solutions Inc. (“Bosch”) constitutes an
offer to purchase which, if accepted by Bosch, shall be subject to Bosch’s Terms
and Conditions of Sale, as modified from time to time. RECEIVING AN ORDER ACKNOWLEDGEMENT
DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. BOSCH RESERVES THE RIGHT TO LIMIT
THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.
Changes to the Website.
Changes may be made periodically and at any time to the Website. Products may be
mistakenly listed at inaccurate prices, they may be mistakenly listed as available
when, in fact, they are unavailable, or they may be mistakenly described. Bosch
reserves the right to refuse or cancel any orders placed for such product. Bosch
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. Any change in these Terms of Use
is effective immediately upon your receipt of notice from Bosch. Notice can be given
through e-mail or posting on the Website. You should periodically check these Terms
of Use for changes. Any use of the Website after changes have been made shall be
deemed acceptance of those changed Terms of Use.
Intellectual Property.
Bosch, its affiliates, customers or third party content providers, own and shall
retain all worldwide rights in the intellectual property of the Website, including,
but not limited to, trademarks, inventions, ideas, trade secrets, the “look and
feel” of the Website, its color combinations, layout, and all other graphical elements,
and the copyright in and to its original content. You should assume that everything
you read or see on the Website is copyrighted or otherwise protected and owned by
Bosch, its affiliates, customers or a third party who licensed the right to use
such content to Bosch. Unless otherwise expressly noted, nothing that you read or
see on the Website may be copied, reproduced, modified, distributed, transmitted,
republished, displayed, or performed for commercial use without the prior written
consent of Bosch.
Term and Termination.
These Terms of Use are applicable to you upon your accessing the Website. These
Terms of Use may be amended or terminated by Bosch without notice at any time, for
any reason. Moreover, Bosch may terminate, restrict, or suspend your username privileges
at any time, without notice. The provisions of these Terms of Use shall survive
any termination.
Disclaimers.
The use of the Website is at your own risk, and Bosch does not guarantee that the
Website functions will not be interrupted, that no errors will occur, and that no
computer viruses or other harmful content is contained in the Website or servers.
Bosch shall have no liability for any viruses, damage to your computer, loss of
data, financial loss, or any other damages. Any and all expenses related to necessary
services or repairs for software or hardware, computer viruses, software code, and
any losses or damages resulting from usage of the Website, are the sole responsibility
of the user. You expressly agree to refrain from doing, either personally or through
an agent, any of the following:
- Use any device or other means to harvest information about other users.
- Transmit, install, upload, or otherwise transfer any virus, program, process, advertisement,
communication, or other item to the Website or related servers and networks.
- Upload or copy from the Website any content that violates or infringes the intellectual
property rights of others (including, but not limited to, copyrights, trademarks,
trade secrets, patents and publicity rights).
- Use the Website for any unlawful means.
- Transmit, install, upload, or otherwise transfer any information in violation of
the laws of the United States.
- Using Website content in territories where the sale of products to which the content
relates is not permitted.
Registration and Username Use.
In the event that you register for a username on the Website, you agree that you
are solely responsible for maintaining the confidentiality and security of that
username and your password, and you are responsible for all acts and/or omissions
that occur under the authority of your username. If you have reason to believe that
there is any unauthorized use of your username or any other breach of security related
to the Website, you shall immediately so notify Bosch by contacting us.
Submission of Information.
Bosch reserves the right to collect and use data from the Website in accordance
with its Privacy Statement, as modified from time to time. You hereby grant Bosch
a non-exclusive, fully paid-up right to access, reproduce and use the information
you submit to Bosch through the Website solely for the purpose of facilitating its
business relationship with you.
Indemnification.
You agree to indemnify, defend, and hold harmless Bosch, its officers, directors,
employees, agents, licensors and suppliers (collectively the “Service Providers”)
from and against all losses, expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of these terms and conditions or any activity
related to your account (including negligent or wrongful conduct) by you or any
other person accessing the Website using your username.
Claims from Use.
Your use of the Website shall be governed in all respects by the laws of the State
of Michigan, U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods; provided,
however, that Bosch agrees to abide by the consumer protection regulations adopted
by each member state of the European Union pursuant to the Electronic Commerce Directive,
but only to the extent necessary to comply with the minimum requirements of such
regulations. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to the Website (including but
not limited to the purchase of Bosch products or third party content providers)
shall be in the state or federal courts located in Oakland County, Michigan, U.S.A.
Any cause of action or claim you may have with respect to the Website (including
but not limited to the purchase of products) must be commenced within one (1) year
after the claim or cause of action arises. Bosch’s failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall not be construed
as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any of these terms and conditions.
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