TERMS & CONDITIONS
These Terms of Use (the “Terms”) set forth the legally binding terms governing your access to and use of the Wofford Truck Parts TEP family of Websites, Web pages, interactive features and applications, widgets, blogs and their respective contents related to the aforementioned websites, and, unless otherwise indicated, any other interactive content that links the Wofford Truck Parts TEP family of websites, owned and/or operated by TE El Paso, LLCTEP, its affiliate, subsidiary and/or related entities ( collectively “TEP”) (collectively, the “Sites”). The Sites are operated by TEP, and any materials on the Sites are owned by TEP or its affiliated companies, or licensed by TEP from third parties and posted on the Sites.These Terms apply to all persons who visit any of the Sites (“Visitors”), regardless of the Visitor's level of participation. In these Terms, “you” and “your” refer to each Visitor and his or her agents (unless the context requires otherwise), and "we," "us" and "our" refer collectively to TEP. These Terms explain our obligations to you, and your obligations to us in relation to the use of the Sites. By accessing and visiting any of the Sites you accept and agree to be bound by these Terms, any applicable Additional Terms (as defined below) and our woffordtruckparts.com/privacy-policy.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
THE SITES ARE ONLY INTENDED FOR VIEWING IN THE CONTINENTAL UNITED STATES, EXCLUDING THE STATE OF CALIFORNIA, AND IF YOU ARE EIGHTEEN (18) YEARS OR OLDER AND NOT A MINOR IN YOUR STATE OF RESIDENCE. If you are a resident of the State of California, do not reside in the continental United States or under the age of 18 or a minor in your state do not use or view any of the Sites.
We may at any time revise and/or update these Terms. All revisions to these Terms are effective immediately when we post them and apply to use of the Sites thereafter. The “Last Updated Date” at the top of these Terms will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the Sites constitutes your agreement to any modified Terms, and you should therefore visit the Terms to review the current Terms from time to time. Unless explicitly stated otherwise, any new features or services that augment or enhance the Sites in the future shall be considered part of the Sites and subject to these Terms. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the Sites (or any portion thereof), with or without notice to you, and you agree that TEP shall not be liable to you or to any third-party for any modification, suspension or discontinuance of any or all of the Sites. Moreover, we may terminate these Terms for any or no reason, and with or without notice to you. Your rights under these Terms will terminate automatically without notice from us if you fail to comply with any provision of these Terms. Upon termination of these Terms, you shall cease all use of the Sites.
Certain features of the Sites may require you to download content, and/or agree to additional terms and conditions, policies and disclaimers (collectively, "Additional Terms"), which are hereby incorporated by reference into these Terms unless expressly set forth otherwise in such Additional Terms. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the specific feature.
NOTE THAT THESE TERMS APPLY ONLY TO THESE SITES; OTHER SITES PROVIDED BY INDEPENDENT DEALERS, DEALER ASSOCIATIONS AND DISTRIBUTORS MAY HAVE SEPARATE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.
Any use that does not comport with the terms of this agreement is strictly prohibited.
DESCRIPTION OF THE SITES
The Sites contain information regarding TEP and its products, services and promotional programs, including advertising, TEP Trademarks (as defined below), pictures, information, digital images, featured articles, surveys, applications, contests and sweepstakes, and other content (collectively, “Content”), all of which is protected under copyright law and/or other federal and state laws. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented.The TEP products and services described on the Sites contain uniquely American specifications and equipment and are offered only in the continental U.S.A. The promotional programs offered on the Sites are only available in the continental U.S.A. and may be limited to particular states as described by the terms of such programs.
SIGN UP TO RECEIVE INFORMATION: ACCOUNT REGISTRATION
You may opt-out of receipt of marketing materials from TEP, including news, special event, and new vehicle and equipment information. If you opt-out, you may still receive e-mails in and other communications related to any on-going business transactions and be asked to provide your Personal Information (as defined below) to us so we can fulfill your request. You may also opt-out of receiving any marketing materials from TEP at any time by clicking marketing@woffordtruckparts.comWe shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about TEP and/or the Sites.
Your selection and use of an Account username and password, and any other information required for security access and authentication purposes, are subject to these Terms. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account complies fully with these Terms. You acknowledge and agree that any use of your Account through your username, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your Account.
OWNERSHIP AND USE OF THE SITES
TEP or its affiliate, subsidiary and related entities own all right, title and interest, and/or have a valid right to use and sublicense the Sites and all Content on the Sites, including, without limitation, all trademarks, service marks, logos and trade names used on the Sites (collectively, “Trademarks”).TEP grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Sites (including the Content and Mobile Services (as defined below) for your own personal non-commercial use, subject to your compliance with these Terms, including, without limitation, the restrictions on use of the Sites. TEP may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
TEP reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel any or all of the Sites’ operation, or portions thereof, with or without notice to you. You acknowledge and agree that TEP will not be liable to you or any third party for any such modification, suspension, discontinuation or cancellation of any or all of the Sites’ operation.
RESTRICTIONS ON ACCESSING AND USING THE SITES
As a condition to accessing and using the Sites in accordance with the license granted to you under these Terms, you agree to comply with the following rules:- You may not copy, download, distribute (including, without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the Content or other material displayed on the Sites, including, without limitation, any trademark of TEP or its affiliated, subsidiary or related companies, for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary;
- You may not access or use any of the Sites in any way that could or is intended to damage or impair the operation of the Sites, or any Content of or material displayed on any of the Sites, or any server or network underlying the Sites, or in any way that interferes with anyone else's use and enjoyment of any of the Sites;
- You may not frame or use framing techniques to enclose any part of the Sites without TEP’s prior written consent;
- You may not access or use any of the Sites in any way that could or is intended to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, their rights of privacy or publicity;
- You may not "spam" others or "phish" for, collect or store personal information about others;
- You may not access or attempt to access any data, information, system or servers on which the Sites are hosted or modify or alter the Sites in any way;
- You may not transmit or broadcast any commercial messages, text, photographs, video or audio content to or through any of the Sites; and/or
- You may not link or “deep link” to, frame or otherwise reproduce any of the Sites without our prior consent, except that you may identify TEP products by name or link to the Sites if you comply with the Guidelines for External Sites set forth below.
You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you notify us or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
DOWNLOADS FROM THE SITES
When you download any Content from any of the Sites (a “Download”), you understand that it is owned by TEP, its affiliates and/or licensors, as applicable, and is protected by intellectual property laws. TEP hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) on your own computer and/or mobile device that is compatible solely for your own personal non-commercial use. You acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Download(s). No license is granted to you in the human readable code, known as the source code, of the content downloaded, and no rights are granted to you in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content of any Download(s). You may not depict any Downloads on any merchandise or products of any kind or otherwise use any Downloads for commercial purposes. You must provide all equipment and software necessary to connect to the Sites, including, but not limited to, a computer (with Internet access) that is in working order and suitable for use in connection with the Sites. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with TEP’s operations or the Sites. See Disclaimer of Warranties and Limitations of Liability sections below for details related to downloads from the Sites.THIRD-PARTY PRODUCTS AND SERVICES AND LINKS
The Sites may contain links to other websites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability or completeness by us, and TEP is not responsible for any Third-Party Sites accessed through the Sites or any Third-Party Applications, Software or Content posted on, available through or installed from the Sites, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by TEP.
If you decide to leave any of the Sites and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk, and you should be aware that, unless otherwise indicated, these Terms and any other TEP terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site and any Third-Party Applications, Software or Content to which you navigate from any of the Sites or relating to any applications you use or install from any of the Sites.
We may also make available or provide access to products, services or applications of third parties. Such products, services and applications shall be purchased and/or obtained directly from such third party. NO TEP AFFILIATE, SUBSIDIARY OR RELATED ENTITY SHALL BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS OF THIRD PARTIES. NO TEP AFFILIATE, SUBSIDIARY OR RELATED ENTITY SHALL BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE OR MOBILE SITE LINKED TO THE SITES, AND THE FACT SUCH LINKS ARE PROVIDED ON THE SITES DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE OR MOBILE SITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEBSITE OR MOBILE SITE IS AT YOUR OWN RISK.
Any Visitor including a link to the Sites or any Content or other information on any Third-Party Site or in any Third-Party Applications, Software or Content must follow the Guidelines for External Sites set forth herein.
If you would like to use Content or information or provide a link to any part of any of the Sites from any Third-Party Site or in any Third-Party Applications, Software or Content, you must read and agree to comply with the following guidelines and all applicable laws.
EXTERNAL THIRD-PARTY SITE USE OF TEP INFORMATION
Third-Party Sites must have prior written approval before using any text, trademarks, graphics, photographs or other materials or content from any TEP source, such as any of the Sites, and other websites, brochures or other media operated or provided by any TEP affiliate, subsidiary or related entity.Third-Party Sites and Third-Party Applications, Software or Content may use brand or model names in website text only to the extent reasonably necessary to identify TEP products. Any other use of any TEP Trademark is prohibited without prior written TEP approval.
EXTERNAL THIRD-PARTY SITE NAMING GUIDELINES
Third-Party Sites and Third-Party Applications, Software or Content may not use a brand, product name or other confusingly similar word or group of letters in a domain name that is similar to any Trademark of TEP and/or its affiliated, subsidiary or related companies without prior written approval.NO MISREPRESENTATION
Third-Party Sites and Third-Party Applications, Software or Content must not in any way imply that TEP is endorsing it or its products or services; must not misrepresent its relationship with TEP; must not present false information about TEP; must not be a website that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and must not be a website that contains content that could be construed as distasteful, offensive or controversial.LINKING TO ANY OF THE SITES
Third-Party Sites and Third-Party Applications, Software or Content may not use links to any part of any of the Sites in any way that implies sponsorship by or affiliation with TEP. Third-Party Site and Third-Party Applications, Software or Content may not frame within the applicable page(s) of the Sites or provide any link that appears in any way to be content belonging to the site containing the link.EXTERNAL THIRD-PARTY SITE DISCLAIMER
Any Third-Party Site and Third-Party Applications, Software or Content using Content, information from or linking to any part of the Sites must include a prominently displayed disclaimer on the homepage stating that such Third-Party Site is not authorized by or affiliated with TEP.USER CONTENT AND CONDUCT
Where applicable on the Sites you may be invited to post your own content (“User Content”), understand that all User Content is your sole responsibility. Though the Sites are designed to be a safe place to share such User Content, we cannot guarantee that other users and Visitors will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including, but not limited to, photos, images, videos, personal information, name, home address, telephone number, etc.), do not post it to the Sites. Under no circumstances will TEP be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Sites. TEP IS NOT RESPONSIBLE FOR A USER'S OR VISITOR'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITES.By posting any User Content at the Sites, you hereby grant TEP a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Sites or otherwise have the right to grant the license set forth in this Section; and the posting of your User Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you posted to or through the Sites.
You acknowledge and agree that TEP may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third parties; or protect the rights, property or personal safety of TEP, its customers, Visitors and the public. You understand that the technical processing and transmission of the Sites, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in these Terms and further agree that each of these conditions applies forever and broadly with regard to TEP. Posting of User Content to or through the Sites, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. TEP shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Sites. TEP SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Sites to:
- upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including, without limitation, nudity and depiction of drug use);
- harm minors in any way;
- impersonate any person or entity, including, but not limited, to a representative of TEP, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Sites;
- upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
- "stalk" or otherwise harass another;
- collect or store personal information or data about other Visitors or users of the Sites, or disclose another user's or Visitor's personal information or data to any third party;
- solicit personal information or data from anyone under 18 years of age; and/or
- "bot," "hack," "crack" or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Sites.
You are solely responsible for your interactions with other Site's users and Visitors. TEP reserves the right, but has no obligation, to monitor disputes between you and other Sites users and Visitors. TEP reserves the right to terminate your access to the Sites if TEP determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback on the Sites. Any comments, suggestions or feedback relating to the Sites (collectively "Feedback") submitted to TEP shall become the property of TEP. TEP will not be required to treat any Feedback as confidential and will not be liable for any ideas (including without limitation, product, services, application, site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Sites, or its operations or business, in the future. Without limitation, TEP will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not TEP, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
COPYRIGHT AGENT
We respect the intellectual property of others, and we ask all Visitors to the Sites to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on any of the Sites in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact and provide our Copyright Agent with the following information:- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites;
- your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
By mail:
TE El Paso, LLC
Attn: Legal Department
9111 North Freeway
Houston, TX 77037
OTHER COMPLAINTS AND COMMENTS TO TEP
Communication to TEP with respect to any product or service complaint should be directed to the applicable TEP Customer Care at customercare@woffordtruckparts.com and not through the Sites. Please do not submit ideas or suggestions regarding current or future TEP products, promotions or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions.
PRIVACY
You should review our woffordtruckparts.com/privacy-policy for an explanation of our collection and use of personal information and our tracking and targeting of your actions on and/or through the Sites before further using the Sites as you will be bound by the terms of such Privacy Policy, which is incorporated herein by reference.INDEMNITY AND HOLD HARMLESS
You agree to defend, indemnify and hold harmless TEP and its affiliate, subsidiary and related entities and their respective distributors, dealers, dealer associations and advertising and promotions agencies, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders (collectively, “TEP Entities”, each a “TEP Entity”) from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of the Sites, your breach or alleged breach of any of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties with respect to any User Content you post to the Site.DISCLAIMER OF WARRANTIES
You understand and agree that your use of the Sites, any services of the Sites, and any downloads is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of the Sites.The Sites and the Content are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TEP makes no warranties that the Sites or any Content or other material obtained through herein will meet your requirements, or that the Sites will be uninterrupted, timely, secure, non-infringing or error-free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for access to or use of the Sites, including any Mobile Services. No advice or information, whether oral or written, obtained by you from us or through the Sites shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility for any performance degradation, interruption or delays of any of the Sites or errors or omissions in any Content or other materials on or through the Sites. We do not make any warranty or representation that your use of the material displayed on, or obtained through, the Sites is non-infringing of any rights of any third party.
Any decision or action taken by you on the basis of information or content provided on the Sites is at your sole discretion and risk. We are not responsible or liable for any such decision or for the accuracy, completeness, usefulness or availability of any content displayed, transmitted or otherwise made available on the Sites.
LIMITATIONS OF LIABILITIES
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY TEP ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS, IS SOLELY LIMITED TO THE AMOUNT OF FIFTY CENTS ($0.50). THE FORGOING LIMITATIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, YOU AGREE THAT THE LIABILITY OF ANY TEP ENTITY OR ANY THIRD PERSON SHALL BE LIMITED TO FIFTY CENTS ($0.50).EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, NO TEP ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
THE CONTENT HEREIN DOES NOT CONSTITUTE AN OFFER TO SELL OR LEASE. UNTIL AN ORDER IS PLACED AND CONFORMATION OF SALE HAS BEEN RECEIVED.
All of the information contained in the Sites is for informational purposes only, and in no way constitutes an offer to enter into any transaction for a TEP product or service. The Sites shall not be used or relied upon by you as a substitute for information that is available to you from an authorized TEP supplier or distributor.
MISCELLANEOUS
- Notices and Announcements: Except as expressly provided otherwise herein, all notices to TEP shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
9111 North Freeway, Houston, TX 77037
- Severability: If any provision of these Terms are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- Applicable Law: These Terms and any disputes arising under or related to these Terms will be governed by the laws of the State of Texas without reference to its conflict of law principles.
- Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Sites and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.
- Waiver: The remedies of TEP set forth in these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under these Terms shall not constitute a waiver of such right.
DISPUTES/ARBITRATION
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.It is TEP’s goal that the Sites meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, TEP is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with TEP, you acknowledge and agree that you will first give TEP an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to TEP, 9111 North Freeway, Houston, TX 77037. You then agree to negotiate with TEP in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after TEP’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Sites and these Terms shall be final and binding arbitration except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the TEP Entities or any third-party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the TEP Entities and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Texas shall apply except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award and judgment enforcement, the laws of the State of Texas shall apply except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply.
Arbitration under this Agreement shall be conducted by a single arbitrator from the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs and expenses, including those for any attorneys, experts and witnesses. You agree that any claim for or award of attorneys' fees, including such claim or award pursuant of Chapter 38 of Texas Civil Practice and Remedies Code, is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court if your claims qualify for hearing by such court.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND TEP BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to this Agreement be instituted more than two (2) years after the cause of action arose.