Terms & Conditions

Legal Terms and Conditions for the First Call Online Web Site

Legal

The following constitutes a legal and binding agreement between you and O'Reilly Automotive Stores, Inc., together with its parent and subsidiary entities ("O'Reilly"), which is the operator and owner of the First Call Online website (the "Site"). By your use of the Site, you agree that you acknowledge the following terms and conditions of use ("Terms and Conditions") and agree to be bound by them.

First Call® and O'Reilly® are federally registered and protected trademarks of O'Reilly Automotive Stores, Inc., a Missouri Corporation, headquartered in Springfield, Missouri, USA. All rights reserved.

Access to the Site

To access the Site or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Site that all information you provide on the Site will be correct, current, and complete. If O'Reilly believes the information you provide is not correct, current, or complete, O'Reilly has the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time.

Restrictions on Use

You may use the Site for purposes expressly permitted by the Site. As a condition of your use of the Site, you warrant to O'Reilly that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize or allow any party to): (1) co-brand the Site, or (2) frame the Site, or (3) hyper-link to the Site, without the express prior written permission of an authorized representative of O'Reilly. For purposes of these Terms and Conditions co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with O'Reilly in causing any unauthorized co-branding, framing or hyper-linking to immediately cease. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.

Proprietary Information

The material and content accessible from the Site, and any other Web site owned, operated, licensed, or otherwise controlled by O'Reilly (the content) is the proprietary information of O'Reilly or the party that provided or licensed the content to O'Reilly, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of O'Reilly, except that you may print out a copy of the content solely for uses expressly authorized by O'Reilly. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these Terms and Conditions is a violation of O'Reilly intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site.

Hyperlinks

The Site may be hyperlinked to other Web sites that are not maintained by or related to O'Reilly. Hyperlinks to such Web sites are provided as a service to users and are not sponsored by or affiliated with the Site or O'Reilly. O'Reilly has not reviewed any or all of such Web sites and is not responsible for the content of those linked Web sites. Hyperlinks are to be accessed at the user's own risk and O'Reilly makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the Web sites hyperlinked to the Site. O'Reilly provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party Web site does not necessarily imply endorsement by O'Reilly of that Web site or any association with its operators.

Use of Communication Services

The O'Reilly Web site may contain forums, bulletin board services, chat areas, message boards, news groups, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, Communications Services). You agree to use the communication services only to post, send, and receive messages and content that are proper and related to the particular communication service.

Among other things, you agree that you will not post, send, submit, publish, or transmit in connection with the Site any material that:

  1. you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  2. advocates illegal activity or discusses an intent to commit an illegal act;
  3. is vulgar, obscene, pornographic, or indecent;
  4. does not pertain directly to the Site;
  5. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  6. seeks to exploit or harm children by exposing them to inappropriate content;
  7. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  8. violates any law or may be considered to violate any law;
  9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  10. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations;

O'Reilly reserves the rights to monitor use of the Site to determine compliance with the Terms and Conditions, as well as the right to remove or refuse any information for any reason. O'Reilly reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. O'Reilly also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulations, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.

Submissions

You hereby grant to O'Reilly the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, or other information communicated to O'Reilly through the Site, and to incorporate any submission in other works in any form, media, or technology now known or later developed. O'Reilly will not be required to treat any submission as confidential, and may use any submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future O'Reilly operations. O'Reilly will treat any personal information that you submit through the Site in accordance with its Privacy Policy.

Disclaimer

You understand that O'Reilly cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. O'Reilly does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. UNLESS PROHIBITED BY LAW, O'REILLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. O'REILLY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. O'REILLY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. O'REILLY ALSO DOES NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND O'REILLY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT O'REILLY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. O'REILLY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE UPON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and O'Reilly does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer accurate or complete.

Limitation of Liability

O'REILLY AUTOMOTIVE STORES, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, TEAM MEMBERS, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF O'REILLY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF O'REILLY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICES PROVIDERS, CONTENT PROVIDERS, TEAM MEMBERS, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO O'REILLY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Termination or Restriction of Access

O'Reilly reserves the right, in its sole discretion, to terminate your access to any or all of its Web site(s) and the related services or any portion thereof at any time, without notice.

Indemnity

You will indemnify and hold O'Reilly, its subsidiaries, affiliates, licensors, content providers, service providers, team members, agents, officers, directors, and contractors (the Indemnified Parties), harmless from any breach of these terms and conditions of use by you, including any use of content other than as expressly authorized in these terms and conditions of use. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys fees of the indemnified parties in connection therewith. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site.

Trademarks and Copyrights

Trademarks, service marks, logos, and copyrighted works appearing in the Site are the property of O'Reilly Automotive Stores, Inc., or the party that provided the trademarks, service marks, logos, and copyrighted works to O'Reilly. O'Reilly and any party that provided trademarks, service marks, logos, and copyrighted works to O'Reilly retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in the Site.

Pursuant to Title 17, United States Code, Section 512c(2), notifications of claimed copyright infringement should be sent to O'Reilly or the relevant service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE PRECEDING WILL RECEIVE NO RESPONSE.

Security

Any passwords used for the Site are for individual use only. You will be responsible for the security of your password (if any). O'Reilly will be entitled to monitor your password and, at its discretion require you to change it. If you use a password that O'Reilly considers insecure, O'Reilly will be entitled to require the password to be changed and/or terminate your account. You agree that you will not allow disclose or allow any third party to use your password. You agree to notify O'Reilly immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by O'Reilly or any other user of or visitor to the site due to someone else using your password or account. You may not use anyone's password or account at any time other than your own. O'Reilly will not be held liable for any loss or damage arising from your failure to comply with these obligations.

You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, O'Reilly reserves the right to release your details to system administrators at other Web sites in order to assist them in resolving security incidents. O'Reilly reserves the right to investigate suspected violations of these Terms and Conditions.

O'Reilly reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing O'Reilly to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY USE OF THE SITE, YOU WAIVE AND HOLD HARMLESS O'REILLY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY O'REILLY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER O'REILLY OR LAW ENFORCEMENT AUTHORITIES.

Choice of Law and Jurisdiction

These terms and conditions will be governed and interpreted pursuant to the laws of the State of Missouri, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Missouri in connection with any dispute between you and O'Reilly arising out of these terms and conditions of use, the use of the O'Reilly Web site, or pertaining to the subject matters hereof. You further agree to venue in any court of competent jurisdiction located within the geographic boundary of Greene County, State of Missouri.

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