
TERMS AND CONDITIONS OF USE/SITE AGREEMENT
Welcome to the AutoStarSuperStore.com website. By visiting the site you are entering into a contract (the “Site Agreement”) with AutoStar and its respective affiliates. These terms and conditions explain the permissible and prohibited activities on our site.
The AutoStar Family
The AutoStar family includes several companies. As of the date of this Site Agreement, companies include, but are not limited to:
- AutoStar National Dealer Network, Inc.
- AutoStar Licensing, LLC
- AutoStar IP, LLC
- AutoStar Web Portal, LLC
Any reference in this Site Agreement to “AutoStar”, “us”, “we” or “our” shall be deemed to refer to AutoStar and any or all of our affiliates.
SITE AGREEMENT
Acceptance of Terms and Conditions; Certain Acknowledgements
This Site Agreement governs your use of the AutoStarSuperStore.com website. In consideration of your access to and use of this website, you (a) agree (i) that you have read, understand and accept these terms and conditions, (ii) to be bound by all of the terms and conditions in this Site Agreement and (iii) not to use this website in contravention of these terms and conditions, (b) represent and warrant to AutoStar and its affiliates you (i) are eighteen (18) years of age or older and (ii) have the capacity to enter into a valid contract and (c) acknowledge that (i) the information provided on this website is advertising only and in no way constitutes an offer for the sale of goods or to provide a service and (ii)to the greatest extent permitted by applicable law, AutoStar is not responsible for errors on this website, including, but not limited to, pricing errors, incorrect statements of accessories on a particular vehicle or whether a vehicle remains available at the AutoStar dealer by the time you arrive at the dealer location.
Website Information
The AutoStarSuperStore.com website provides you with accurate and up-to-date information about the inventory of AutoStar dealers throughout the USA. Some inaccuracies, typographical errors or inconsistencies, however, occasionally may occur, including differences in vehicle coloring and appearances due to variable settings on your individual computer monitor. Before visiting the AutoStar dealer location listed for your desired vehicle, we advise you to contact the dealer to confirm the accuracy of the information posted on our website.
Ownership and Proprietary Rights
Unless otherwise stated, all information contained in this website is owned solely and exclusively by AutoStar. By accessing and/or using AutoStarSuperStore.com, you acknowledge and agree that (a) all content and material available on this website are protected by copyright, trademark, service mark, patent, trade secret, and/or other proprietary or intellectual property rights, laws and treaties, (b) AutoStar does not grant you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) except as set forth otherwise below, (c) you may not and will not (i) amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website, (ii) employ any meta tags or any other "hidden text" utilizing AutoStar's name or trademarks, (iii) deep link, direct link, frame, page-jack, spoof, hack, data-mine or use a robot, spider, or automated device of any kind to monitor or copy this website, (iv) attempt to prove, scan or test vulnerabilities to breach the site’s security or (v) attempt to interfere with the site in any way, including, without limitation, by submitting viruses, forgoing TCP/IP packet or other header information, flooding, spamming, mail bombing, or otherwise attempting to crash the site or taking any action that may interfere with the infrastructure supporting the site. Notwithstanding the foregoing, vehicle information and the online credit application may be printed for your non-commercial, personal use.
Intellectual Property
AutoStar™, PartsStar®, EverStar®, ServiceStar®, PowerStar®, Comet Lube®, and AutoStar Infinity Tire Program®, together with their respective designs, are all registered trademarks or service marks of AutoStar. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent permitted by law. All other trademarks appearing on this site that are not owned by AutoStar or its affiliates are property of their respective owners, who may or may not be affiliated or otherwise connected with AutoStar.
Links to Third Party Websites
While using this website, you may choose to link to third-party websites not affiliated with AutoStar. AutoStar is not responsible for the content or operation of these third-party websites, or any subsequent links, and has no control over the information presented or collected there. We expressly disclaim any liability for the contents of any third-party website, their accuracy or compliance with state or federal law, including copyright or other intellectual property laws. Opinions expressed on third-party websites are not necessarily those of AutoStar. AutoStar also 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 at your own risk. By accessing such third-party sites you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, consequential, incidental or punitive. AutoStar is providing these links to you as a convenience only, and the inclusion of any link on AutoStarSuperStore.com does not imply endorsement by AutoStar of the site, its contents, and/or any products or services offered by the owner(s) or operator(s) of the site.
Warranty Disclaimer
AUTOSTAR MAKES NO REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY OF THE INFORMATION 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. AUTOSTAR 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. AUTOSTAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF AUTOSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF 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 OR DELAY IN USING THE AUTOSTARSUPERSTORE.COM 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. IF YOU LIVE IN ONE OF THOSE STATES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Usage and Ownership of Customer Information
All information submitted to AutoStar through AutoStarSuperStore.com becomes and remains the property of AutoStar. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with this Legal Notice and our
Privacy Policy.
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 Colorado will govern such dispute without regard to its choice of laws rules. You agree that if any part of this Site Agreement or these terms and conditions is found to be unenforceable, the remainder of the Site Agreement and/or terms and conditions will remain in full force and effect. Any such unenforceable term(s) shall be modified to the minimum extent necessary so as to make them enforceable. By using this website you expressly agree and submit to personal jurisdiction and exclusive venue in the state and federal courts located in the City and County of Denver, Colorado and waive any right you otherwise may have to claim any such courts constitute an inconvenient forum.
Violations of Site Agreement
In the event you violate or attempt to violate any part of this Site Agreement, AutoStar reserves the right to terminate your access to AutoStarSuperStore.com 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 AutoStar, together with its officers, directors and agents, 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 and/or your breach of any of your representations, warranties or agreements set forth in this Site Agreement.
Integration and Survival
You understand and agree that this Site Agreement represents the entire agreement governing your use of this website. All of your representations and warranties shall survive the termination of this Site Agreement.
Reservation of Rights
Any and all rights not expressly granted to you in these terms and conditions and this Site Agreement are reserved by AutoStar.
Amendments
AutoStar reserves the right to amend any part of this website, including the terms and conditions and/or the Site Agreement, product pricing, vehicle specifications, services or products at any time without notice and without incurring any obligation to you. In the event any change requires any notice as a matter of law, such notice will be posted on the site. We therefore encourage you to review the terms and conditions and Site Agreement periodically for amendments.
Minors
In compliance with the Children's Online Privacy Protection Act, AutoStar does not knowingly or intentionally solicit or collect information from minors. If we determine that a user who has submitted information to our website is under eighteen (18) years of age, we will delete such information as soon as we receive written notice of such fact.