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AGREEMENT BETWEEN USER AND CLARKS DISCOUNT AUTO PARTS
 
The Clark's Discount Auto Parts Web Site is comprised of various Web pages operated by

Clark's Discount Auto Parts . 
 
The Clark's Discount Auto Parts Web Site is offered to you conditioned on your acceptance

without modification of the terms, conditions, and notices contained herein. Your use of the

Clark's Discount Auto Parts Web Site constitutes your agreement to all such terms,

conditions, and notices. 
 
MODIFICATION OF THESE TERMS OF USE 
 
Clark's Discount Auto Parts reserves the right to change the terms, conditions, and notices

under which the Clark's Discount Auto Parts Web Site is offered, including but not limited

to the charges associated with the use of the Clark's Discount Auto Parts Web Site. 
 
LINKS TO THIRD PARTY SITES 
 
The Clark's Discount Auto Parts Web Site may contain links to other Web Sites ("Linked

Sites"). The Linked Sites are not under the control of Clark's Discount Auto Parts and

Clark's Discount Auto Parts is not responsible for the contents of any Linked Site,

including without limitation any link contained in a Linked Site, or any changes or updates

to a Linked Site. Clark's Discount Auto Parts is not responsible for webcasting or any other

form of transmission received from any Linked Site. Clark's Discount Auto Parts is providing

these links to you only as a convenience, and the inclusion of any link does not imply

endorsement by Clark's Discount Auto Parts of the site or any association with its

operators. 
 
NO UNLAWFUL OR PROHIBITED USE 
 
As a condition of your use of the Clark's Discount Auto Parts Web Site, you warrant to

Clark's Discount Auto Parts that you will not use the Clark's Discount Auto Parts Web Site

for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You

may not use the Clark's Discount Auto Parts Web Site in any manner which could damage,

disable, overburden, or impair the Clark's Discount Auto Parts Web Site or interfere with

any other party's use and enjoyment of the Clark's Discount Auto Parts Web Site. You may not

obtain or attempt to obtain any materials or information through any means not intentionally

made available or provided for through the Clark's Discount Auto Parts Web Sites. 
 
USE OF COMMUNICATION SERVICES 
 
The Clark's Discount Auto Parts Web Site may contain bulletin board services, chat areas,

news groups, forums, communities, personal web pages, calendars, and/or other message or

communication facilities designed to enable you to communicate with the public at large or

with a group (collectively, "Communication Services"), you agree to use the Communication

Services only to post, send and receive messages and material that are proper and related to

the particular Communication Service. By way of example, and not as a limitation, you agree

that when using a Communication Service, you will not: 
 
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights

of privacy and publicity) of others. 
 
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,

infringing, obscene, indecent or unlawful topic, name, material or information. 
 
Upload files that contain software or other material protected by intellectual property laws

(or by rights of privacy of publicity) unless you own or control the rights thereto or have

received all necessary consents. 
 
Upload files that contain viruses, corrupted files, or any other similar software or

programs that may damage the operation of another's computer. 
 
Advertise or offer to sell or buy any goods or services for any business purpose, unless

such Communication Service specifically allows such messages. 
 
Conduct or forward surveys, contests, pyramid schemes or chain letters. 
 
Download any file posted by another user of a Communication Service that you know, or

reasonably should know, cannot be legally distributed in such manner. 
 
Falsify or delete any author attributions, legal or other proper notices or proprietary

designations or labels of the origin or source of software or other material contained in a

file that is uploaded. 
 
Restrict or inhibit any other user from using and enjoying the Communication Services. 
 
Violate any code of conduct or other guidelines which may be applicable for any particular

Communication Service. 
 
Harvest or otherwise collect information about others, including e-mail addresses, without

their consent. 
 
Violate any applicable laws or regulations. 
 
Clark's Discount Auto Parts has no obligation to monitor the Communication Services.

However, Clark's Discount Auto Parts reserves the right to review materials posted to a

Communication Service and to remove any materials in its sole discretion. Clark's Discount

Auto Parts reserves the right to terminate your access to any or all of the Communication

Services at any time without notice for any reason whatsoever. 
 
Clark's Discount Auto Parts reserves the right at all times to disclose any information as

necessary to satisfy any applicable law, regulation, legal process or governmental request,

or to edit, refuse to post or to remove any information or materials, in whole or in part,

in Clark's Discount Auto Parts 's sole discretion. 
 
Always use caution when giving out any personally identifying information about yourself or

your children in any Communication Service. Clark's Discount Auto Parts does not control or

endorse the content, messages or information found in any Communication Service and,

therefore, Clark's Discount Auto Parts specifically disclaims any liability with regard to

the Communication Services and any actions resulting from your participation in any

Communication Service. Managers and hosts are not authorized Clark's Discount Auto Parts

spokespersons, and their views do not necessarily reflect those of Clark's Discount Auto

Parts . 
 
Materials uploaded to a Communication Service may be subject to posted limitations on usage,

reproduction and/or dissemination. You are responsible for adhering to such limitations if

you download the materials. 
 
MATERIALS PROVIDED TO Clark's Discount Auto Parts OR POSTED AT ANY Clark's Discount Auto

Parts WEB SITE 
 
Clark's Discount Auto Parts does not claim ownership of the materials you provide to Clark's

Discount Auto Parts (including feedback and suggestions) or post, upload, input or submit to

any Clark's Discount Auto Parts Web Site or its associated services (collectively

"Submissions"). However, by posting, uploading, inputting, providing or submitting your

Submission you are granting Clark's Discount Auto Parts , its affiliated companies and

necessary sublicensees permission to use your Submission in connection with the operation of

their Internet businesses including, without limitation, the rights to: copy, distribute,

transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your

Submission; and to publish your name in connection with your Submission. 
 
No compensation will be paid with respect to the use of your Submission, as provided herein.

Clark's Discount Auto Parts is under no obligation to post or use any Submission you may

provide and may remove any Submission at any time in Clark's Discount Auto Parts 's sole

discretion. 
 
By posting, uploading, inputting, providing or submitting your Submission you warrant and

represent that you own or otherwise control all of the rights to your Submission as

described in this section including, without limitation, all the rights necessary for you to

provide, post, upload, input or submit the Submissions. 
 
LIABILITY DISCLAIMER 
 
The information, software, products, and services included in or available through the

Clark's Discount Auto Parts web site may include inaccuracies or typographical errors.

Changes are periodically added to the information herein. Clark's Discount Auto Parts and/or

its suppliers may make improvements and/or changes in the Clark's Discount Auto Parts web

site at any time. Advice received via the Clark's Discount Auto Parts web site should not be

relied upon for personal, medical, legal or financial decisions and you should consult an

appropriate professional for specific advice tailored to your situation. 
 
Clark's Discount Auto Parts and/or its suppliers make no representations about the

suitability, reliability, availability, timeliness, and accuracy of the information,

software, products, services and related graphics contained on the Clark's Discount Auto

Parts web site for any purpose. To the maximum extent permitted by applicable law, all such

information, software, products, services and related graphics are provided "as is" without

warranty or condition of any kind. Clark's Discount Auto Parts and/or its suppliers hereby

disclaim all warranties and conditions with regard to this information, software, products,

services and related graphics, including all implied warranties or conditions of

merchantability, fitness for a particular purpose, title and non-infringement. 
 
To the maximum extent permitted by applicable law, in no event shall Clark's Discount Auto

Parts and/or its suppliers be liable for any direct, indirect, punitive, incidental,

special, consequential damages or any damages whatsoever including, without limitation,

damages for loss of use, data or profits, arising out of or in any way connected with the

use or performance of the Clark's Discount Auto Parts web site, with the delay or inability

to use the Clark's Discount Auto Parts web site or related services, the provision of or

failure to provide services, or for any information, software, products, services and

related graphics obtained through the Clark's Discount Auto Parts web site, or otherwise

arising out of the use of the Clark's Discount Auto Parts web site, whether based on

contract, tort, negligence, strict liability or otherwise, even if Clark's Discount Auto

Parts or any of its suppliers has been advised of the possibility of damages. Because some

states/jurisdictions do not allow the exclusion or limitation of liability for consequential

or incidental damages, the above limitation may not apply to you.  
 
If you are dissatisfied with any portion of the Clark's Discount Auto Parts web site, or

with any of these terms of use, your sole and exclusive remedy is to discontinue using the

Clark's Discount Auto Parts web site. 
 
TERMINATION/ACCESS RESTRICTION 
 
Clark's Discount Auto Parts reserves the right, in its sole discretion, to terminate your

access to the Clark's Discount Auto Parts Web Site and the related services or any portion

thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this

agreement is governed by the laws of the State of California, U.S.A. and you hereby consent

to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all

disputes arising out of or relating to the use of the Clark's Discount Auto Parts Web Site.

Use of the Clark's Discount Auto Parts Web Site is unauthorized in any jurisdiction that

does not give effect to all provisions of these terms and conditions, including without

limitation this paragraph. You agree that no joint venture, partnership, employment, or

agency relationship exists between you and Clark's Discount Auto Parts as a result of this

agreement or use of the Clark's Discount Auto Parts Web Site.  
 
Clark's Discount Auto Parts 's performance of this agreement is subject to existing laws and

legal process, and nothing contained in this agreement is in derogation of Clark's Discount

Auto Parts right to comply with governmental, court and law enforcement requests or

requirements relating to your use of the Clark's Discount Auto Parts Web Site or information

provided to or gathered by Clark's Discount Auto Parts with respect to such use. If any part

of this agreement is determined to be invalid or unenforceable pursuant to applicable law

including, but not limited to, the warranty disclaimers and liability limitations set forth

above, then the invalid or unenforceable provision will be deemed superseded by a valid,

enforceable provision that most closely matches the intent of the original provision and the

remainder of the agreement shall continue in effect. 
 
 Unless otherwise specified herein, this agreement constitutes the entire agreement between

the user and Clark's Discount Auto Parts with respect to the Clark's Discount Auto Parts Web

Site and it supersedes all prior or contemporaneous communications and proposals, whether

electronic, oral or written, between the user and Clark's Discount Auto Parts with respect

to the Clark's Discount Auto Parts Web Site. A printed version of this agreement and of any

notice given in electronic form shall be admissible in judicial or administrative

proceedings based upon or relating to this agreement to the same extent and subject to the

same conditions as other business documents and records originally generated and maintained

in printed form. It is the express wish to the parties that this agreement and all related

documents be drawn up in English. 
 
COPYRIGHT AND TRADEMARK NOTICES: 
 
All contents of the Clark's Discount Auto Parts Web Site are: Copyright 2002-2005 Web Link

Solutions Corp. and/or its suppliers. All rights reserved. 
 
TRADEMARKS 
 
The names of actual companies and products mentioned herein may be the trademarks of their

respective owners. 
 
The example companies, organizations, products, people and events depicted herein are

fictitious. No association with any real company, organization, product, person, or event is

intended or should be inferred. 
 
Any rights not expressly granted herein are reserved. 
 
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 
 
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed

copyright infringement under United States copyright law should be sent to Service

Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.  

 

 

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