Website Terms of Use - Individual
Last Modified: 10 December 2021
Acceptance of the Terms of Use
These terms of
use ("Terms of Use") are entered
into by and between Advance Stores Company, Incorporated,
together with its affiliates and subsidiaries
("Company", "we",
or "us"), and You. The Terms of Use constitute a
binding legal
agreement, which governs your access to and use of the Advance Supplier Portal
(advanceautoparts.com), including any content,
functionality, and services offered on or
through the Advance Supplier
Portal
(advanceautoparts.com) for
the authorized purpose(s) of (i) viewing Vendor's account(s) with
Company
("Vendor Accounts"), including payment information; (ii)
uploading Vendor's invoices or other
documentation related to
products it sold to Vendor or Vendor Accounts; (iii) communicating with
Vendor using the tools Company has
provided for that purpose; and (iv) any other
purposes as the Company authorizes from time to time (separately and
collectively, the "Website"). In addition, the term
"Website",
as used in these Terms of Use, may refer to the entire website or only
the non-public, secured pages. The term
"Vendor" in these terms of use means a third-party
vendor or supplier to company with
whom you are an employee or contracted personnel ("Vendor
Personnel").
BY USING THE WEBSITE, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS
OF USE WHEN THIS OPTION IS MADE AVAILABLE TO IT, YOU ACCEPT THESE TERMS
OF USEAND COMPANY'S PRIVACY NOTICE,
FOUND AT https://shop.advanceautoparts.com/o/privacy-notice,
WHICH IS INCORPORATED
INTO THE TERMS OF USE BY REFERENCE; AND (II) AGREE THAT YOU ARE LEGALLY
BOUND BY IT. IF YOU DO NOT AGREE TO
THESE TERMS
OF USE, THEN COMPANY WILL NOT GRANT YOU ACCESS TO THE PROTECTED AREAS OF
THE WEBSITE.
Changes to the Terms of Use
We may revise
and update these Terms of Use from time to time in our sole discretion.
All
changes are effective immediately
when we post them, and apply to all access to and use of the Website
thereafter. However, any changes to
the Governing Law and Jurisdiction Section of
these
Terms of Use will not apply to any
disputes for which the parties have actual notice before the date the
change is
posted on the Website.
Your continued
use of the Website following the posting of revised Terms of Use means
that you
accept and agree to the changes. You are expected to check this page so
you are aware of any changes, as they
are binding on you. Your
continued use of the Website is contingent on your compliance with these
Terms of Use.
Accessing the Website and Account Security
You may only
access this Website if you are an "Authorized
User" (as further described in this section) and only
for authorized purposes of Company. The
Website may not be used for the
benefit of any third party or individual without our express prior
written consent.
It is
prohibited to use or to attempt to use such access if You are not an
Authorized
User or to attempt to access or edit
information, to which You do not have authorization, or to circumvent or
attempt to circumvent any security
mechanisms employed by us to control access. You may not copy,
distribute, publicly
display, or create derivative works
of any information, images, or other content on this site except
as specifically permitted in writing by an authorized Company
representative.
To become an Authorized User with access the
Website or some of the resources it offers, You must
be an employee or other approved personnel of an authorized supplier or
vendor of Company ("Vendor").
As such, You will be asked by to provide certain registration details or
other information to Vendor and/or to
Company. It is a condition of
your use of the Website that all the information You provide is correct,
current, and complete. You further
agree that all information you provide to become an Authorized
User with access this Website, including, but not limited to, through
the use
of any interactive features on the
Website, is governed by our Privacy Policy, and you consent to all
actions we
take with respect to your information consistent with our Privacy
Policy.
As an
Authorized User, You will be provided with appropriate
log-in credentials (including a user name and
a password) and will correctly follow Company's security
requirements with
respect to the Website. You will be responsible
for treating your log-in credentials, and any other information you
receive as
part of our security processes as
confidential and not disclosing them to any other person or entity. You
also acknowledge that your account and
log-in credentials are personal to
You and You agree (i) not to provide your account or credentials, or
any portion of them, to any other person; (ii) to exit from your account
at the end of each session; (iii) to
use particular caution when
accessing your account from a public
or shared computer so that others are not able to view or record your
password
or other personal information; and (iv) to use a
secure connection at all
times when accessing the Website.
You agree to notify Company immediately of any unauthorized access to or use
of your log-on credentials
or password or any other breach of security. You will not access or
attempt to access the Website if/once You
are no longer a Vendor Personnel even if
your credentials have not yet been de- activated), unless Vendor has
granted You
specific, written authorization to do so.
We have the ultimate right to determine who is an Authorized User
and to disable any user name, password,
or other identifier, whether chosen by You or provided by us, at any
time in
our sole discretion for any or no reason, including if, in our opinion,
such Authorized User has violated any
provision of these Terms of Use.
We also reserve
the right to withdraw or amend this Website, and any service or material
we
provide on the Website, in our sole
discretion without notice. We will
not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period.
From
time to time, we may restrict access to some parts of the Website, or
the
entire Website, to users, including Authorized Users.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including
but not limited to all information,
software, text, displays, images, video, and audio,
and the design, selection, arrangement and look
and feel thereof) are owned by the
Company, its licensors, or other providers of such material and are
protected by United States and international copyright, trademark,
patent,
trade secret, and other intellectual
property or proprietary rights laws.
You must not, directly or indirectly, reproduce, distribute, modify,
decompile, reverse engineer, disassemble,
attempt to derive the source
code of, decrypt, modify, create derivative works of, republish,
download, store, or transmit any of the
material on our Website,
except as follows:
- You may download, print and
store copies of invoices and other material relating to its
account, which is
expressly made available to it by Company;
- You may store files that are
automatically cached by its web browser for display enhancement
purposes.
All copies of such downloaded,
printed, or stored materials shall contain all copyright and proprietary
notices as in the original.
You shall not remove, obscure, or alter copyright notices, trademark
notices, or other proprietary rights
notices affixed to or contained within such material.
Without limiting any of the foregoing, You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary
rights notices from copies of materials from this site.
- Access or use for any
commercial purposes any part of the Website or any services or
materials available through the Website,
other than
for a Company-authorized purpose in accordance with these Terms
of Use.
If You print,
copy, modify, download or otherwise use or provide any other person with
access
to any part of the Website in breach
of the Terms of Use, without limiting our other rights, we will
immediately
cease your access to the Website and
You must, at our option, return or destroy any copies of the materials
made. No right, title, or interest in or
to the Website or any content on the Website is transferred to You, and
all rights not expressly granted are
reserved by the Company. Any use of the Website not expressly permitted
by these Terms of Use is a
breach of these Terms of Use and may violate copyright, trademark, and
other laws.
Trademarks
"ADVANCE®", "ADVANCE AUTO PARTS®", "ADVANCE
SUPPLIER PORTAL
(ADVANCEAUTOPARTS.COM)™", "AUTOPART
INTERNATIONAL®", "CARQUEST®",
"WORDLPAC®" and all other trade names, trademarks, service
names
and service marks
of Company are the exclusive property of Company, and no use of these is
permitted without Company's prior written
consent.
All other names, logos, product and service names, designs, and slogans on
this Website are the trademarks of their
respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance
with these Terms of Use. You agree not
to use the Website:
- In any way that violates any
applicable federal, state, local, or international law or
regulation (including, without limitation, any
laws
regarding the export of data or software to and from the US or
other countries).
- To transmit, or procure the
sending of, any advertising or promotional material without our
prior written consent, including any
"junk mail," "chain letter,"
"spam," or any other similar solicitation.
- To impersonate or attempt to
impersonate the Company, a Company employee, another user, or
any other person or entity (including,
without limitation, by using email addresses or screen names
associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's
use or enjoyment of the Website,
or which, as determined by us, may harm the Company or users of
the Website, or expose them to
liability.
Additionally, You agree not to:
- Use the Website in any manner
that could disable, overburden, damage, or impair the site or
interfere with any other party's use of
the Website, including their ability to engage in real time
activities through the Website.
- Use any robot, spider, or other automatic device, process, or means
to access the Website for any purpose,
including monitoring or copying
any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the
Website, or for any other purpose not
expressly authorized in these Terms of Use, without our prior
written consent.
- Use any device, software, or routine that interferes with the proper
working of the Website.
- Introduce any viruses, Trojan
horses, worms, logic bombs, or other material that is malicious
or technologically harmful.
- Attempt to gain unauthorized
access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website
is stored, or any server, computer, or database connected to the
Website.
- Attack the Website via a denial-of-service attack or a distributed
denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the
Website.
Reliance on Information Posted
The
information presented on or through the Website is made available solely
for
authorized purposes of Advance. We do
not warrant the accuracy, completeness, or usefulness of this
information. Any
reliance You place on such
information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by
you or any other visitor to the Website, or by anyone who may
be informed of any of its contents.
We are not
responsible, or liable to You or any third party, for the content or
accuracy
of any materials provided by any third parties.
Changes to the Website
We may update
the content on this Website from time to time, and use commercially
reasonable
efforts to keep its contents, including any information you
may download from the Website, complete or up-to- date. However, Company
will not be liable
for any content or material on the Website that may be out of date or
inaccurate at any given time.
Information About You and Your Visits to the Website
All information
we collect on this Website is subject to our Privacy Policy.
By using the Website, You consent to all actions taken by us with
respect to its
information in compliance with the Privacy Policy at https://shop.advanceautoparts.com/o/privacy-notice.
Linking to the Website and Social Media Features
You may link
to our homepage located at https://supplier.advanceautoparts.com/
provided
you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but
you must
not establish a link to any other
parts of our website or in such a way as to suggest any form of
association, approval, or endorsement on our
part without our express
written consent.
Geographic Restrictions
The owner of the
Website is based in the State of North Carolina in the United States. We
make
no claims that the Website or any of
its content is accessible or appropriate outside of the United States or
Canada. Access to the Website may not
be legal by
certain persons or in certain countries. If you access the Website from
outside the United States or
Canada, you do so on your own initiative and are responsible for
compliance with local laws.
Disclaimer of Warranties
You understand that Company cannot and does not guarantee or warrant that
files available for downloading from the
internet or the
Website will be free of viruses or other destructive code. You are
responsible for implementing sufficient
procedures and checkpoints to satisfy its particular requirements for
anti-virus protection and accuracy of data
input and output,
and for maintaining a means external to our site for any reconstruction
of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A
DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT
YOU'S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TOUSE OF THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOU'S
DOWNLOADING ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE,
ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS
AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, WITHOUT
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY
NOR ANY PERSON ASSOCIATED WITH THE
COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR
ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
WEBSITE, ITS CONTENT, OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL
BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR
ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND
FITNESS FOR PARTICULAR PURPOSE. THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY,
ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, OR
DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,
ARISING OUT OF OR IN CONNECTION
WITH YOU'S USE, OR INABILITY TO USE, THE
WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE,
EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold
harmless the Company, its affiliates, licensors, and service providers,
and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers,
successors, and assigns from and against any
claims,
liabilities, damages, judgments, awards, losses,
costs, expenses, or fees (including reasonable attorneys' fees) arising
out of
or relating to its or its Authorized
Users" (i) violation of these Terms of Use or (ii) use of the
Website, including, but not limited to any
use of the Website's content or services other than as expressly
authorized in these Terms of Use, or (iii) use
of any information obtained from the Website.
Governing Law and Jurisdiction
All matters
relating to the Website and these Terms of Use, and any dispute or claim
arising therefrom or related thereto
(in each case, including non-contractual disputes or claims), shall be
governed
by and construed in accordance with
the internal laws of the State of North Carolina without giving effect
to any choice or conflict of law
provision or rule (whether of the State of North Carolina or any other
jurisdiction). In addition, the Website
and these Terms
of Use are not governed by the United Nations Convention on the
International Sale of Goods or the Uniform
Computer Information Transaction Act, the application of which is
expressly excluded and disclaimed.
Any legal suit,
action, or proceeding arising out of, or related to, these Terms of Use
or the
Website shall be instituted
exclusively in the federal courts of the United States or the courts of
the
State of North Carolina, in each case
located in the City of Raleigh and County of Wake, although we retain
the right
to bring any suit, action, or
proceeding against you for breach of these Terms of Use in your country
of residence or any other relevant
country.
You waive any and all objections to the exercise of jurisdiction over it
by such courts and to venue in
such courts. YOU AGREE KNOWINGLY,
INTENTIONALLY AND IRREVOCABLY TO WAIVE YOUR RIGHT TO TRIAL BY JURY.
Waiver and Severability
No waiver by the
Company of any term or condition set out in these Terms of Use shall be
deemed
a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and
any failure of the Company to assert a
right or provision under these Terms of Use shall not constitute a
waiver
of such right or provision.
If any provision of these Terms of Use is held by a court or other
tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be
eliminated or
limited to the minimum extent such
that the remaining provisions of the Terms of Use will continue in full
force
and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and
entire agreement between You and Company regarding the Website and
supersede all prior and contemporaneous
understandings, agreements, representations, and warranties,
both written and oral, regarding the Website.
This website is
operated by Advance Company Stores, Incorporated, located at 4200 Six
Forks
Road Raleigh, NC, 27609.