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Modern Capri Parts : Terms and Conditions
 

ModernCapriParts.Biz, A Division of Progressive Resources, Inc. 
This site is presented by Progressive Resources, Inc. (Parent of  www.ModernCapriParts.Biz - an operating Division of Resources, Inc.) a single business entity which hereafter will be interchangably referred to as www.ModernCapriParts.Biz, and/or Progressive Resources, Inc. , and/or"We"). 

Review the following Store Policies/rules ("Agreement") that govern your use of www.ModernCapriParts.Biz("Site").
Your use of www.ModernCapriParts.Biz indicates your unconditional agreement to follow and be bound by these Terms of Use.
A copy of this agreement is available at any page of our site negating claims of unavailability. 
ModernCapriParts.Biz reserves the right to update and modify these Terms of Use at any time without prior notice.

Use of the Site following any such change indicates your unconditional agreement to follow and be bound by these Terms of Use as changed.
Subsequently, we encourage you to review these Terms of Use on future visits.


USE OF THIS SITE
By accepting these Terms of Use through your use of the Site, you certify that you are at least 18 years of age. If you are under the age of 18 your use of this site must be supervised by a parent or guardian responsible for the agreement of our Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child younger than 18, you are fully responsible for his or her use and all financial charges and legal liabilities that he or she may incur. If you do not agree to any of these terms and conditions, you may not use this Site. All billing and shipping information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept all terms and conditions as outlined in our "Store Policies" page and pay for the item(s) requested.

All Site contents ("Contents") are intended solely for non-commercial use. You may not download or copy the Contents displayed on the Site. You may not reproduce any Contents of the Site or any related downloaded content and documents. All software used on this Site is the property of www.ModernCapriParts.Biz and protected by U.S. and international copyright laws. The Contents on this Site may be used only for shopping. All other uses, including modification, reproduction, transmission, distribution, or display of the Contents on this Site is prohibited.

SECURITY
Users are prohibited from violating or attempting to violate the security of the Site or other of the Site's users, including: accessing data not intended for such user or logging onto a non-authorized account; attempting to compromise the vulnerability of a system or network or to breach security or authentication without authorization; attempting to interfere with service via means of submitting a virus other means to deny others to the Site. Violations of system or network security will result in civil or criminal liability. We will investigate occurrences that involve such violations and will involve law enforcement in prosecuting users involved in such violations.

ORDER ACCEPTANCE
Please note that there may be certain orders that we are unable to fulfill and we must cancel. We reserve the right, at our sole discretion, to refuse or cancel and credit any order for any reason. We will contact you if all or any portion of your order is cancelled or if additional information is required to complete your order.

PRICING INFORMATION
Occasionally, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product description, We shall have the right, at our sole discretion, to refuse or cancel any order(s) placed for the item(s). In these events We may contact you for further instructions or inform you of cancellation of your order.
Prices and availability are subject to change without notice.

SHIPPING AND RISK OF LOSS
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Package arrival dates are estimates, and are subject to exceptions in delivery due dates.
Orders with any missing  or damaged parts must be reported within one(1) day of shipment receipt. Claims reported after one (1) day of receipt will result in denial of any claim.
Packages with shipping damage must be refused, reported and file a damage claim directly with the insured delivery company.
 
CHARGEBACKS AND DISPUTES
Users agree to settle all disputes directly with www.ModernCapriParts.Biz arising from any transaction with www.ModernCapriParts.Biz  or its associates. Use of this Site indicates the user is in agreement with ALL the Terms of Use and ALL STORE POLICIES, and as such, all chargebacks will be contested by www.ModernCapriParts.Biz. Abusive and fraudulent chargebacks may result in legal action against the claimant, as a chargeback is the original financial institutions opinion of financial responsibility, but not a legal ruling from a court of law. All legal action will seek the initial chargeback amount, travel costs, and legal fees related to each incident.

COPYRIGHTS AND TRADEMARKS
Except as noted, all Contents are intellectual property owned by www.ModernCapriParts.Biz and are protected by U.S. and international copyright laws.
We reserve all intellectual property rights in all content, text, processes, and technologies which operate on this Site. Exceptions are only to the operating systems and database drivers.

Anyone to use or reproduce any name, logo or mark in any manner.

INDEMNIFICATION/ LEGAL DISCLAIMER
Serious injury or death can be a result of improper removal or installation techniques. Follow manufacturer's instructions PRIOR to working on any auto part/component. If you are not a qualified and/or certified technician, seek the help of a professional to service or repair you vehicle.

You agree to defend, indemnify and hold harmless www.ModernCapriParts.Biz and its parent, Progressive Resources, Inc, its Officers, Directors & Employees and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, products purchased and/or installation of said products purchase.  

TERMINATION
These Terms of Use are effective unless and until terminated by either you or Progressive Resources, Inc. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. www.ModernCapriParts.Biz also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in www.ModernCapriParts.Biz  sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Resources, Inc., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Resources, Inc's right to any Comments shall survive any termination of this Agreement.

DISCLAIMER
THIS SITE IS PROVIDED BY www.ModernCapriParts.Biz ON AN "AS IS" AND "AS AVAILABLE" BASIS. www.ModernCapriParts.Biz MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, www.ModernCapriParts.Biz DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, www.ModernCapriParts.Biz DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE ACCU AUTO CATALOG WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER (ONLY IF NOTED IN THE ITEM DESCRIPTION) OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL   www.ModernCapriParts.Biz and its parent, Progressive Resources, Inc, its Officers, Directors & Employees and/OR ANY OF ITS VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE ANY  www.ModernCapriParts.Biz WEB SITE OR ANY PRODUCTS SOLD, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF  www.ModernCapriParts.Biz HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE ONE MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

GENERAL
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of www.ModernCapriParts.Biz and  to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit  www.ModernCapriParts.Biz rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Pennsylvania and you consent to the exclusive personal jurisdiction of such courts.

INTERNATIONAL SALES
We will ship internationally in accordance to the rules outlined below.
We only ship packages that conform with U.S. Postal Service ("USPS") weight/size restrictions. We ship internationally only via the U.S. Postal Service ("USPS") via their "Priority Mail" service. We are not responible for delays resulting from U.S. Customs inspections or shipping delays.

www.ModernCapriParts.Biz is a United States based company that primarily sells part to commercial accounts and residents in the United States. If you wish to order a part that is to be shipped out of the United States (any address that does not have a US zip code) then arrangements and approval must be given in advance of purchase via e-mail only. We apologize for the inconvenience but for the protection of our international customers and our requirement to follow U.S. export laws we must ask for you to get a county approval. We will not ship to some counties due to US export laws and that county's import laws. If you have further questions about our international accounts please contact and to verify that your county is approved to ship to please email us at Colin@ModernCapriParts.Biz. Recipients are always responsible for paying any and all import taxes, tarrifs, duties, etc at the time of pick-up. 

All terms, conditions, policies, prices, and stated warrentees are subject to change at any time with, or without notice
 
ModernCapriParts.Biz is a unit of PROGRESSIVE RESOURCES, INC. Import/Export Specialty Auto Parts Division
400 Pipe Creek Lane • Georgetown, TX • 78633
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Modern Capri Parts :    a Division of Progressive Resources, Inc.     Established, 1994