Terms of Use
Agreement between User and www.texasmotorworx.com.
Welcome to www.texasmotorworx.com. The Texas Motorworx website (the “Site”) is made up of various web pages operated by Texas Motorworx (“Texas Motorworx”). www.texasmotorworx.com is offered to you under the condition that you accept the terms, conditions, and notices contained herein (the “Terms”) without any modifications. Your use of www.texasmotorworx.com constitutes your agreement to all these Terms. We kindly ask you to read these terms carefully, and you are encouraged to keep a copy of them for future reference.
www.texasmotorworx.com is an E-Commerce Site that specializes in selling auto parts and auto accessories.
Privacy
Your use of www.texasmotorworx.com is subject to Texas Motorworx’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users about our data collection practices.
Electronic Communications By visiting www.texasmotorworx.com or sending emails to Texas Motorworx, you are engaging in electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, meet any legal requirement for such communications to be in writing.
Your Account
If you choose to use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to take responsibility for all activities that occur under your account or password. It is prohibited to assign or transfer your account to any other person or entity. You acknowledge that Texas Motorworx is not liable for any third-party access to your account resulting from theft or misappropriation. Texas Motorworx and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
Texas Motorworx does not knowingly collect personal information from individuals under the age of thirteen, either online or offline. If you are under 18, you may only use www.texasmotorworx.com with the permission of a parent or guardian.
Cancellation/Refund Policy
PLEASE REFER TO THE REFUND POLICY PAGE HERE.
Links to Third-Party Sites/Third-Party Services
www.texasmotorworx.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Texas Motorworx, and Texas Motorworx is not responsible for the content of any Linked Site, including any link contained within a Linked Site, or any changes or updates to a Linked Site. Texas Motorworx provides these links solely as a convenience, and the inclusion of any link does not imply endorsement by Texas Motorworx of the site or any association with its operators.
Certain services available via www.texasmotorworx.com are provided by third-party sites and organizations. By using any product, service, or functionality originating from the www.texasmotorworx.com domain, you hereby acknowledge and consent that Texas Motorworx may share such information and data with any third party with whom Texas Motorworx has a contractual relationship to provide the requested product, service, or functionality on behalf of www.texasmotorworx.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.texasmotorworx.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Texas Motorworx that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Texas Motorworx or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Texas Motorworx's content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Texas Motorworx and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Texas Motorworx or our licensors, except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by Texas Motorworx from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Texas Motorworx Content accessed through www.texasmotorworx.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Texas Motorworx, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any postings made by you, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Texas Motorworx reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with Texas Motorworx in asserting any available defenses.
Arbitration
In the event that the parties are unable to resolve any dispute between them arising out of or concerning these Terms and Conditions or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Texas Motorworx agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TEXAS MOTORWORX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
TEXAS MOTORWORX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE 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. TEXAS MOTORWORX 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 TEXAS MOTORWORX 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 SITE, WITH THE DELAY OR INABILITY TO USE THE 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 SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TEXAS MOTORWORX 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Texas Motorworx reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitations, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Texas Motorworx as a result of this agreement or use of the Site. Texas Motorworx's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Texas Motorworx's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Texas Motorworx 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 you and Texas Motorworx regarding the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Texas Motorworx regarding the Site. A printed version of this agreement and 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 of the parties that this agreement and all related documents be written in English.
Changes to Terms
Texas Motorworx reserves the right, in its sole discretion, to change the Terms under which www.texasmotorworx.com is offered. The most current version of the Terms will supersede all previous versions. Texas Motorworx encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Texas Motorworx welcomes your questions or comments regarding the Terms.
Texas Motorworx
11419 Ferrell Drive, #104
Dallas TX, 75234
Email Address: info@texasmotorworx.com
Telephone Number: (214) 785-6568
Effective as of July 25, 20223