CVG

Aftermarket Truck Parts Online Terms of Use

These terms of use (together with any additional terms, as described below) (“Terms of Use”) set forth an agreement between you and Commercial Vehicle Group, Inc.  (“Aftermarket Truck Parts,” “we”, “our”, “us”)  governing your access to and use of https://build--cvg-aftermarket.netlify.app/ and other sites linking to these Terms of Use (individually, the “Site”, or, collectively, the “Sites”) their functionality, and their content.

Aftermarket Truck Parts owns and operates the Sites. Through the Sites, Aftermarket Truck Parts  provides various service offerings, information, and resources related to Sale of aftermarket truck parts including but not limited to seats, wipers and other accessories. (each a “Product” and collectively, the “Products”). References to the Sites herein include the Products.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING ANY PAGES ON THE SITES; CREATING AN ACCOUNT; USING ANY PRODUCTS MADE AVAILABLE THROUGH THE SITES; POSTING, SUBMITTING, TRANSMITTING, OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITES; OR USING ANY PLATFORM, YOU REPRESENT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION, EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES, AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES, AND (III) CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY (https://www.orvis.com/privacy-policy.html). PLEASE DO NOT USE THE SITES IF YOU DO NOT AGREE TO ALL OF THE TERMS AND OTHER POLICIES.

TERMS AND CONDITIONS; USE OF THE SITES


Subject to your full and ongoing compliance with these Terms of Use, Aftermarket Truck Parts  hereby grants you the limited, non-exclusive, non-assignable, personal, non-transferable and revocable right to access and use those portions of the Sites for which you registered or are otherwise granted access, solely for their intended purposes, and solely for your internal business purposes. If you use or access the Sites on behalf of a business or other entity, you must have authority to bind that business/entity. In such case, the term “you” includes the business/entity and any of its agents that use or access the Sites.

We may now or in the future offer multiple platforms (the “Aftermarket Truck Parts  Platforms”) through our Sites. To use the platforms, you must adhere to additional terms and conditions based on the Aftermarket Truck Parts  Platforms, including additional terms and conditions that may be specific to each such Platform, as identified below and/or presented to you at the time you commence use of such Platforms. Certain offerings on the Sites may be free of charge or offered for a fee, and we reserve the right to change, on a going forward basis, what Products are offered free of charge or for a fee, or the fees charged for any given Product offering.


ACCESS TO THE SITES; ACCOUNT ACCESS AND SECURITY

You are required to register and create an account in order to access certain content and functionality of the Sites, including on any of the Aftermarket Truck Parts Platforms. If you choose to create an account, you must provide an email address and password and may be required to provide additional personal information. To protect your account security, you should choose a username and password that are not associated with your personal information.

You are responsible for maintaining the confidentiality of your account, password, and other information. Any account you create is personal to you and you agree not to provide any other person with access to it. You will not sell, transfer, or assign your account or any account rights. You agree to notify Aftermarket Truck Parts immediately if you become aware of any unauthorized access to or use of your account. You may be required to logout from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or access your information. Aftermarket Truck Parts may disable an account at any time in its sole discretion. Circumventing account access controls may be a violation of law.

Any information you provide to Aftermarket Truck Parts  must be correct, current, and complete. Our use of such information is governed by the Privacy Policy located at . You consent to our use of such information consistent with the Privacy Policy.

Aftermarket Truck Parts may change, suspend, modify, or discontinue all or any part of the Sites in its sole discretion with or without notice. Aftermarket Truck Parts is not liable if all or any part of a Site is, for any reason, unavailable at any time or for any period. Aftermarket Truck Parts reserves the right to block or deny access to any of the Sites to anyone at any time for any reason. Aftermarket Truck Parts is not obligated to correct or update any information or content on the Sites.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for personally identifiable information, defrauding them, or similar conduct;
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards;
  • to transmit, or procure the transmission of, any advertising or promotional material except as expressly permitted on the Sites;
  • to impersonate or attempt to impersonate Aftermarket Truck Parts , an employee of Aftermarket Truck Parts , another user, or any other person or entity;
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by Aftermarket Truck Parts , may harm Aftermarket Truck Parts  or users of the Sites, expose them to liability, or threaten the security of their personally identifiable information;
  • to provide services, information, materials, resources, or advice to any third person, directly or indirectly, on a service bureau basis or otherwise.

Additionally, you agree not to:

  • use the Sites in any manner that could disable, overburden, damage, or impair the Sites;
  • use any manual process or robot, spider, or other automatic device, process, or means to access, monitor, or copy all or any part of the Sites for any purpose;
  • use any device, software, or routine that interferes with the proper working of the Sites, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to the Sites or any server, computer, software, or database connected to the Sites;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites;
  • attack the Sites via any denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Sites.

INTELLECTUAL PROPERTY RIGHTS

The Sites may contain (i) materials and other items relating to Aftermarket Truck Parts and its services including all of their content, features, and functionality—including any information, software code, text, displays, images, video, and audio, and the design, selection and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided or generated through the Sites (“Site Content”). The Sites and all such Site Content are protected by US and international copyright, trademark, and other laws and treaties, and may not be used except as permitted in the Terms of Use.

The Aftermarket Truck Parts name, the Aftermarket Truck Parts logo and all related names, logos, product and service names, designs, and slogans are the registered and unregistered trademarks of Aftermarket Truck Parts, its licensors, or other providers of such material. You are prohibited from using such marks, except as otherwise permitted by these Terms or with Aftermarket Truck Parts’ prior written consent. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.

All rights, title, and interest in and to the Sites and the Site Content is the property of Aftermarket Truck Parts, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible. No right, title, or interest in or to the Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by Aftermarket Truck Parts . Any use of the Sites or Site Content not expressly permitted by the Terms of Use is a breach of them and may violate copyright, trademark, and other laws.

You may access and use Sites solely for their intended purpose. You must not delete or alter any copyright, trademark, or other proprietary rights notices from any Site Contents or other materials. You may not modify; reproduce; publicly display, perform, or distribute; or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Sites or any materials on the Sites, except as expressly permitted by these Terms of Use or other applicable policies.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must destroy any copies of the materials you have made.

You should notify Aftermarket Truck Parts of any suspected copyright infringement in

RELIANCE ON POSTED INFORMATION

The Sites may include content provided by third parties. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of the party providing those materials.

Aftermarket Truck Parts is not responsible for the accuracy, currency, or usefulness of the Site Content provided by or presented on the Sites. Any reliance you place on such information is strictly at your own risk. Aftermarket Truck Parts disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of the Site Content.

Aftermarket Truck Parts will use reasonable efforts to include accurate and current information on the Sites, but there may be occasions when information on the Sites contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Aftermarket Truck Parts reserves the right to correct any errors and update the information on the Sites at any time.

USER CONTENT; FEEDBACK

You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Sites (collectively, “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding any Content included therein, “User Content”). You acknowledge that any User Content that you Submit through the Sites will be deemed to be non-confidential and may be disclosed through the Site to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities.

You agree that Aftermarket Truck Parts shall have, and hereby grant to Aftermarket Truck Parts, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Content that you Submit to Aftermarket Truck Parts. Aftermarket Truck Parts does not endorse any User Content, or third-party product or service that may appear in connection with use of the Sites. Nothing in these Terms of Use shall obligate Aftermarket Truck Parts to use any User Content you Submit or permit the posting of such User Content on any website or platform.

You agree not to Submit User Content through the Sites or to Aftermarket Truck Parts except for User Content that is fully authorized for purposes of the Sites and compliant with these Terms of Use. By providing User Content in connection with the Sites, you warrant and represent that you own the rights to the User Content or are otherwise authorized to Submit the User Content. It is your obligation to determine the extent to which User Content you Submit is protected by applicable intellectual property laws. You agree that you will not engage in any activity or conduct, or Submit any User Content or other material, that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable and that you will not cause damage, embarrassment, or adverse publicity to Aftermarket Truck Parts.

You will Submit only User Content that is functionally and technically compatible with the Sites. You will not attempt to damage, corrupt, tamper with, or infect the Sites, the Site Content, or any information or telecommunication system of Aftermarket Truck Parts with a virus or other malicious computer program. You will only use the Sites for the permitted purposes stated in these Terms of Use and will not engage in abusive activity with respect to the Sites or undertake any other activity which may adversely affect the use or enjoyment of the Sites by any person. The use or distribution of tools designed for compromising security (e.g., network probing tools) is strictly prohibited. If you become involved in any violation of system security, Aftermarket Truck Parts reserves the right to release your details to system administrators of other websites and services and law enforcement authorities in order to assist them in resolving security incidents.

Your ideas, suggestions questions, suggestions, comments, feedback, ideas, or other information regarding Aftermarket Truck Parts or the Sites (including, but not limited to, those related to improvements, additions, or other aspects for Aftermarket Truck Parts or the Sites) that you provide to Aftermarket Truck Parts, whether solicited or not by the Sites (collectively, “Feedback”) are the exclusive property of Aftermarket Truck Parts. If you send Aftermarket Truck Parts Feedback, regardless of application, Aftermarket Truck Parts assumes that you have sent them to Aftermarket Truck Parts after accepting that, regarding those ideas, Aftermarket Truck Parts assumes no obligation regarding their confidentiality.

LINKS FROM THE SITES

The Aftermarket Truck Parts Sites may contain, as a convenience to you, content, links, and only information submitted or operated by third parties over whom Aftermarket Truck Parts has not control or responsibility. The inclusion of such links do not signify that Aftermarket Truck Parts endorses any such websites or companies, including any sponsor(s). Aftermarket Truck Parts  has no control over those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from use of them. You access third party websites linked from the Sites entirely at your own risk and subject to the terms and conditions of such websites. Third party websites have their own terms of use and policies and are not subject to these Terms of Use.

DISCLAIMER OF WARRANTIES

THE SITES, ANY SITE CONTENT AND SERVICES ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESS WARRANTIES PROVIDED IN THESE TERMS OR OTHER APPLICABLE POLICIES. NEITHER AFTERMARKET TRUCK PARTS NOR ANY PERSON OR ENTITY AFFILIATED OR ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITES OR SITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER AFTERMARKET TRUCK PARTS NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, AFTERMARKET TRUCK PARTS 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 A PARTICULAR PURPOSE, INCLUDING ESTABLISHING, PERFECTING, OR MAINTAINING COMPLIANCE WITH ANY PARTICULAR LAW OR LEGAL REQUIREMENT.

THE FOREGOING APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND DO NOT EXCLUDE OR LIMIT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE FOREGOING LIMITATIONS WILL APPLY SOLELY TO THE EXTENT LEGALLY PERMISSIBLE.

LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS

IN NO EVENT WILL AFTERMARKET TRUCK PARTS, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, DIRECTORS, AFFILIATES OR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY SITE CONTENT OR OTHER CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM 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, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFTERMARKET TRUCK PARTS 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 YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

YOU UNDERSTAND AND ACKNOWLEDGE THAT AFTERMARKET TRUCK PARTS WOULD NOT BE ABLE TO PROVIDE THE SITES AND PRODUCTS ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS OF WARRANTIES LIABILITY, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Aftermarket Truck Parts, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Sites, including any violation of these Terms of Use or applicable law in connection therewith.

WAIVER AND SEVERABILITY

No waiver by Aftermarket Truck Parts of any term or condition set forth 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 Aftermarket Truck Parts 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.

MODIFICATION TO THESE TERMS

Aftermarket Truck Parts reserves the right to update or modify the Terms of Use at any time on a going forward basis, with or without prior notice, and such changes will become effective as follows. Modifications to these Terms of Use will be effective upon the change of the “Last Updated” date at the end of the Terms of Use. We encourage you to review these Terms of Use frequently to stay informed of the latest modifications.

ENTIRE AGREEMENT

The Terms of Use, the Privacy Policy, and other policies provided on Aftermarket Truck Parts’ Site constitute the sole and entire agreement between you and Aftermarket Truck Parts with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites unless you have entered into a separate agreement, signed by both parties, that specifically preempts these Terms of Use.

GOVERNING LAW

These Terms of Use, your rights and the rights of Aftermarket Truck Parts within these Terms of Use shall be governed by and construed in accordance with the laws of Ohio, without regard to choice of law principles. Any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Ohio and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.

YOUR COMMENTS AND CONCERNS

This website is operated by Commercial Vehicle Group, Inc. .

All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: ian.vita@cvgrp.com and aneezal.mohamed@cvgrp.com.

Last Updated: April 5, 2023


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