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Policies
WWW.MOOCARPARTS.COM PRIVACY POLICY
Your privacy is important to MOOCAR AUTO PARTS CO.,LTD (“we” or “us”), the owner and operator of the www.moocarparts.com website and service (the “Site”). To better protect your privacy, we provide this statement explaining our online information practices and the choices you can make about the collection and use of the personally identifiable information that you decide to submit on our Site.
This Privacy Policy covers:
- What information we collect
- How we may use that information
- How we may share that information
- How we protect your information
- Your choices regarding your personal information
- How to contact us
WHAT INFORMATION DO WE COLLECT?
Information that you give us.
To purchase products via our Site, we ask you to register and create an account. We collect from you certain “personally identifiable information,” which is information that can be used to identify you personally. Personally identifiable information includes (but is not limited to):
- your name
- your shipping address
- your billing address
- your email address
- your telephone number
- your fax number
- your credit card information
- information about your interest in products and services, and
- other personal information that you give to us.
It may also include information you give us about other people, such as the name, address, email address and telephone number of an intended recipient of a product that you purchase and ask us to ship to the recipient.
If you apply to become a distributor of our products, we may collect additional information about you concerning same.
Information that you post to online forums, comment boards or other public spaces.
We do or might collect content and information that you post or communicate by means of electronic chats for customer service or technical support, comment threads, blogs, tips, ratings, reviews, notes, emails, knowledge base and any and all other systems, interfaces or features.
Other information that you provide to us.
We do or might collect any other information and data that you send or communicate to us, including information communicated in traditional mail correspondence, discussions over the telephone, placement of orders, inquiries about orders, requests for exchange and return, and other inquiries.
Information that we get via social media services.
You might engage with our Site and service on or via third party social media sites, plug-ins and applications, like those offered by Facebook, LinkedIn, YouTube, Instagram, Twitter and others. You also might link your Site account with third party social media sites. If you do, you allow us to have ongoing access to information from and about your social media account (for example, your name, profile name, email address, profile photo, gender, birthday, geographic location, your list of friends and their contact information, people you follow and/or who follow you, and the posts, “retweets” or the “likes” you make). We might also receive other information from social media services – for example, information about the content or advertisements that you review.
Information that we get from other third parties.
We do or might collect information from third parties about you. We might combine or use this information with information that we collect from you or from third parties.
Information that we collect automatically.
We automatically collect certain information when you use our Site, such as (but not limited to):
- the type of browser you are using (for example, Google Chrome, Mozilla Firefox, Internet Explorer, or Apple Safari)
- the type of operating system you are using (for
example, Windows, Mac OS, iOS, or Android) - the domain name or identity of your Internet service provider
- your IP (Internet protocol) addresses, and
- site usage information, such as web log data, the Site pages that you visit, the advertisements and links you click or scroll over, and the time spent on Site pages
In addition, if you use our Site via a mobile device (for example, a smart phone or a tablet), we do or might also collect your unique device identifier and mobile device IP address (or MAC address), as well as information about your device’s mobile carrier, information about your geographic location, and other information described in this Policy.
HOW DO WE USE THE INFORMATION WE COLLECT?
We do or might use the information we collect to:
- operate the Site and provide access to its services
- process products orders, exchanges and returns
- offer products and services from us and our affiliates, business partners, and selected third parties
- provide customer support and address customer inquiries
- contact you about matters concerning the Site or your use of it
- analyze Site and user behavior
- prepare reports of aggregated user information (aggregated information is information combined in a way that obscures users’ personally identifiable information)
- measure and improve our Site and services
User Generated Content is Public Information.
The Site might enable you to post content and information to it via its online forums and communities (for example, photos that you post to an area for people to see them, or comments that you post in a comment forum). Remember that all of these posts are public and can be seen by and shared with everyone. Social media sites, plug-ins and other applications also can enable you to create and submit content concerning our Site or service. We cannot prevent or be responsible for such uses. Some social media sites, plug-ins and other applications enable you to adjust your privacy settings, but we don’t control them or how well they work. Please check those privacy policies and instructions for more information on how your information is used and handled.
If you choose to submit content for publication, we may publish your screen name and other information you have provided to us on our Site, the Internet, or elsewhere.
HOW LONG DO WE RETAIN THE INFORMATION THAT WE COLLECT?
We can retain the information we collect for as long as we choose, but we are not obligated to you to retain it.
HOW DO WE SHARE AND DISCLOSE THE INFORMATION THAT WE COLLECT?
Third party service providers
We do or might engage companies and other third parties to perform functions on our behalf, such as delivering packages, sending snail mail and email, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and refunds, and providing customer service. We provide access to personally identifiable information reasonably needed or helpful to enable them to perform their functions.
Linked sites
Our Site does or might contain links to third party websites and services whose information practices are or might be different from our own. We are not responsible for, do not vouch for, and have no control over the third parties who might be receiving or collecting information from or about you. We encourage you to refer to those third parties’ privacy policies and statements before submitting any information or using such websites.
Google Analytics
This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer or device, to help the Site analyze how users use it. The information generated by the cookie about your use of the Site (including your IP address) is transmitted to and stored by Google on servers in the United States or elsewhere. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Legal and law enforcement purposes
We may disclose personally identifiable information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency’s request. We also may disclose such information to third parties in connection with fraud detection and prevention activities, or when we believe it is necessary or appropriate to investigate, prevent, or take action regarding known, suspected or anticipated (i) illegal activities or fraud, (ii) harm or threats to the safety or well-being of any person, entity or property, (iii) violations of our Terms of Service, (iv) violations of our rights, or the rights of others, or violations of law.
Transfer of our business
We may transfer all information about you in connection with a transaction for the sale or transfer of our company, business, or assets, or portions thereof. Such a transaction might be (but is not limited to) a merger, acquisition, asset sale, dissolution, bankruptcy, reorganization, or reincorporation.
COOKIES, WEB BEACONS AND OTHER TRACKING TOOLS
We and our third party service providers and business partners may send “cookies” to your computer or device or use similar technologies to enhance your experience at our Site. “Cookies” are files that can identify you as a unique user and store your personal preferences as well as technical information (including click through and click stream data). Cookies manage and measure the performance of advertisements displayed on or delivered by or through us and/or other networks or sites. We do or might use “persistent” cookies (which remain on your computer until you delete them) or “temporary” cookies (which remain only until you close your browser).
We also might use web beacons. These are small strings of code or techniques that deliver a graphic image on a web page for the purpose of transferring data, such as (i) the IP (Internet Protocol) address of the computer that downloaded the web page on which the web beacon appears, (ii) the URL (Uniform Resource Locator) of the web page on which the web beacon appears, (iii) the time the web page containing the web beacon was viewed, (iv) the type of browser that fetched the web beacon, and (v) the identification number of any cookie on the computer previously placed by that server.
Our Site also might use locally stored objects (sometimes referred to as “Flash cookies”) to provide certain content, such as video on demand, video clips, or animation. Adobe’s Flash player and similar applications use this technology to remember settings, preferences, and usage similar to browser cookies. Flash cookies are not managed through your web browser, but you can access your Flash management tools from Adobe’s web site.
When corresponding with you via HTML capable email, web beacons tell us whether you received and opened our email.
On their own, cookies or web beacons do not contain or reveal any personally identifiable information. However, if you give us personally identifiable information, that information can be linked to the data stored in the cookies or web beacons.
You are always free to adjust your browser to reject cookies from us or from any other web site. Additionally, by setting your web browser to display HTML emails as text only, you may be able to prevent the use of some web beacons. Please review the “Help” section of your browser for more information.
Certain Site areas and features might be accessible only with cookies or similar devices activated. As such, your decision to limit or disable cookies or similar devices could adversely affect your ability to use or access certain Site areas and features.
OUR SITE CURRENTLY DOES NOT RESPOND TO DO NOT TRACK (DNT) SIGNALS.
Some browsers enable its users to send a “Do Not Track” (or DNT) signal to a website visited by the user to request that the website disable tracking of the visiting user’s activities on and uses of the Site.
Our Site currently does not respond to DNT signals. We might configure it to do so in the future.
OUR REASONABLE EFFORTS TO PROTECT YOUR PRIVACY ARE NOT PERFECT
We try to follow reasonable physical, electronic, and managerial procedures designed to safeguard the information that we collect online at the Site. However, we cannot and do not guarantee you that personally identifiable information that we collect will never be stored, transmitted, disclosed or otherwise used in a manner inconsistent with this Privacy Policy.
CONTROL OF YOUR PASSWORD
You are responsible for all actions taken with your Moocarparts.com Site credentials (User ID and password), if any, including the payment of fees. We recommend strongly that you do not disclose to or share with any third parties your credentials. You are responsible for all actions taken with your credentials. If you lose control of your credentials, you may lose substantial control over your personally identifiable information and may be subject to legally binding obligations and other actions taken on your behalf. If you believe that your credentials have been stolen or compromised, please change your password immediately, and please write us at moocar@moocarparts.com.
INTERNATIONAL INFORMATION TRANSFER
We intend our Site for use solely by users located within the United States. We rely on third parties to provide services and otherwise enable us to provide the Site to you. We cannot control how or where such third parties route or store information and data. If you register an account for our Site, or otherwise use the Site, you consent to the collection, processing and storage of your information in the United States and elsewhere.
We have not certified with the U.S. Department of Commerce’s Safe Harbor Program to address data transfers from the European Union and Switzerland. U.S. data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union.
WE DO NOT PERMIT SPAM OR SPYWARE
We don’t permit use of spam, spyware, malware, or anything else that we do not intend our Site to provide. We don’t send unsolicited emails to anyone without their permission. If you believe that you have received an unsolicited email from us or encountered spyware or malware on our Site, please write us at moocar@moocarparts.com so that we can investigate.
INFORMATION REGARDING CHILDREN
The Site is not marketed to or intended for anyone under 18 years old (or anyone otherwise under the legal age of majority applicable in the state or other jurisdiction of his or her residence). Such individuals must not use the Site. We do not knowingly or willingly collect information or data from individuals under such age. If you believe we have inadvertently collected such information, please contact us so we can promptly remove the information.
WHAT ARE YOUR CHOICES?
You can “opt out” of marketing communications
You can specify your preferences for receiving or not receiving certain marketing communications from us. If you want to update your preferences, you may (i) click the “unsubscribe” link provided in marketing emails you may receive from us and follow that instruction, or (ii) send us an email specifying your updated preferences to moocar@moocarparts.com.
Even if you opt out of receiving marketing communications from us, we still may use your information to contact you for non-marketing purposes (for example, for matters concerning your accounts with MOOCAR AUTO PARTS, your use of the Site, updates to our MOOCAR Terms of Service and this Privacy Policy, and other administrative matters).
How you can access or correct information
To access the personally identifiable information that we have collected about you online via the Site, to correct factual errors in such information, or to update your interests, preferences or other aspects of your account user profile, please log into your account if you have one and adjust your settings there, or please send us an email explaining the assistance you seek to moocar@moocarparts.com.
To help protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.
OUR PRIVACY POLICY UPDATES
From time to time, we might update this Privacy Policy. We will notify you about material changes in the way we treat personally identifiable information by placing a notice on our Site, by sending you an email message, or both. Unless we specify a later date, changes are effective immediately as of the time of their posting. Please periodically check back and review this Privacy Policy to ensure that you remain up to date on our then-current privacy practices.
HOW TO CONTACT US
If you have any questions or concerns about this Privacy Policy or its meaning or effect, please contact us.
Via email: moocar@moocarparts.com
We endeavor to respond to each inquiry, so please allow reasonable time for us to do so.
WWW.MOOCARARTS.COM Terms of Service
This www.moocarparts.com website and services (collectively, the “Services”) are provided by Moocar Auto Parts Co., Ltd (“MOOCAR“). Your use of the Services is governed by these MOOCAR Terms of Service (“MOOCAR TOS”). Please read carefully before using the service. By using this service, you agree to abide by and abide by all terms and conditions of MOOCAR TOS. IF YOU CANNOT AGREE TO MOOCAR TOS, YOU MUST NOT ACCESS OR OTHERWISE USE THE SERVICE. MOOCAR TOS applies whether you access the Services from a personal computer, wireless or mobile device, or any other technology or device.
In the MOOCAR TOS, MOOCAR sometimes refers to itself as “us” or “us” and sometimes refers to you as “you”, “user” or “visitor”.
MOOCAR may from time to time, in its sole discretion, update or otherwise modify the MOOCAR TOS. We will post or display notices of material changes on the Services and/or notify you by other electronic means. How we do this is up to us. Once we post or make these changes available on the Services, these changes will be effective immediately or as of a separately specified effective date, and your continued use of the Services will confirm your agreement to the modified MOOCAR TOS. Modifications are not retroactive. We recommend that you check frequently and regularly to review the MOOCAR TOS for the latest rights and obligations that apply to you.
The Service is not intended for sale or use by anyone under the age of 18 or anyone under the legal age of majority in their state, country or other jurisdiction of residence. Such individuals may not use the Services.
Service Ownership, Service Content and Your Use of the Service
The Service is owned by MOOCAR, including all text, graphics, photographic images, audio, video and audiovisual recordings, and other content published through the Service (these elements are collectively referred to as “Service Content”). Certain Service Content elements are owned by third parties who allow MOOCAR to use them (for example, certain text and photo image contributions); MOOCAR claims no ownership of such third party elements.
You may view, download and print copies of elements of the MOOCAR service content for your own reasonable personal use. Otherwise, you may not reproduce, display, distribute or transmit copies of elements of the MOOCAR service content. MOOCAR reserves all rights to the content of its services.
You may link to the Service from your own website, but only to the Service’s home page ( www.moocarparts.com ) (ie no “deep link”), and only in a manner that does not state or imply that MOOCAR is sponsored, endorsed by MOOCAR License or other affiliation with you, your website, products, services, activities or representatives. MOOCAR reserves the right to prohibit and/or block such links at any time without notice.
Without limitation, you agree not to do or permit or hire any other person to do any of the following:
- Use crawlers, phishers, crawlers, internet proxies, indexers, spiders, bots, robots, data extraction or mining devices, or other similar devices, programs, algorithms, subprograms or technologies that perform the same or similar functions, whether using, access, copy, obtain, enter or store information, generate impressions, search, generate search or monitor the Services or any part thereof, or for any other purpose or reason;
- Use or access the Services in any way other than the user interface provided by MOOCAR for this purpose;
- Hack or otherwise attempt to access or use the Services without our authorization, or disable, obstruct, circumvent or otherwise interfere with the functionality, security, connections, servers, networks or other elements of the Services;
- Use the Service in any way that interferes with its proper functioning or any other user’s use and enjoyment of the Service, or impose more than reasonable single-user requirements on the systems, servers and resources on which we provide the Service;
- Build, embed, mirror or otherwise reuse, commercialize or otherwise use the Services or the Services Content in any way for any purpose;
- Copy, reproduce, distribute, republish, tweet, syndicate, license, sublicense, download, archive, store, perform, display, publish, transmit, exploit, create derivative works from, or use in any way the Service or any Service Content, by any without the express prior written consent of MOOCAR, for or for any purpose (but you may view, download and print copies of elements of the MOOCAR Service Content for your reasonable personal use); and
- Use the Service or Service Content for any illegal purpose or in any way that violates any applicable law.
You agree that the above prohibited use and conduct violates the MOOCAR TOS, and does or may violate the copyright, trademark, privacy and publicity rights of MOOCAR and others, and does or may constitute other violations, and you agree to be liable for all of these.
MOOCAR may modify or temporarily or permanently discontinue the Service (and portions thereof) from time to time, with or without notice, and without any obligation to you. MOOCAR may also, in its sole discretion, terminate or suspend your use of and access to all or any part of the Services, with or without notice, and for any reason or no reason. Such termination or suspension will not terminate or suspend your MOOCAR TOS.
MOOCAR controls the Services through its offices in New Jersey, USA, and MOOCAR makes no representation or warranty that the Services or the Service Content are legal, appropriate or available for use in other locations. Persons accessing the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulations, if applicable. The software available in connection with the Services may not be downloaded, exported or re-exported to nationals or residents of any country or territory subject to US export restrictions.
Your service user account
You may wish to establish a user account for the Service, as doing so may provide you with additional features and functionality of the Service. In either case, the MOOCAR TOS applies to your use of the Services. There is no fee for establishing a User Account, but User Accounts are subject to the following rules: You must provide and maintain true, complete and up-to-date information about you, as prompted by any registration wizard or form on the Service. You must protect your Service password and any other Service security tokens or credentials from theft or use by unauthorized third parties. If you know or have reason to suspect that your service credentials have been stolen or compromised, you must immediately alert us and change your service credentials. You are responsible for all activity that occurs under your password or account,
User Generated Content
The Services may include information generated by you and/or other users of the Services (which we refer to as “User Generated Content” or “UGC”), including through electronic chats, comment threads, blogs, tips, ratings, reviews for customer service or technical support , Notes, Email, Knowledge Base, and any and all other systems, interfaces or features (we refer to such Service features and parts collectively as “UGC Features”).
In order to enable all users who wish to do so to use the UGC features in a respectful and pleasant manner, you agree not to create, publish, upload, display, transmit, distribute, post and store, and otherwise use any of the following with or through the Services :
- Violate any law or be defamatory, libelous, obscene, pornographic, harmful to minors, indecent, lewd, lewd, suggestive, harassing, threatening, bullying, abusive, inflammatory, hate speech, objectionable, rude, rude or otherwise reasonable UGC is objectionable.
- UGC that infringes or otherwise violates any copyright, trademark, trade secret, patent, right of privacy or publicity or any right of any third party or entity.
- UGC has fraudulently or misrepresented, or impersonated any person or entity or otherwise implied false affiliation or authority with a person or entity.
- Personal or personally identifiable information of any third party or entity, including information related to their medical records and history, financial information, Social Security numbers, names, addresses, email addresses, telephone numbers, cell phone numbers, and credit card account numbers.
- UGC includes advertising and promotions, political speeches, political campaigns, fundraising, solicitation of any kind, scams, offering money transfers, offering employment or engagement, spam, junk mail, chain letters, pyramid schemes, get rich quick schemes, weight loss schemes, and others Such inappropriate nonsense.
- UGC contains or consists of computer viruses, worms, Trojan horses and other computer malware, spyware or adware.
You grant us and our affiliates, sublicensors, assigns and successors a non-exclusive, royalty-free, perpetual, irrevocable and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, combine with other elements, distribute, perform and display your UGC, anywhere in the world, in any and all media now or hereafter known, for any and all purposes without further consideration or notice ( “UGC License”).
You use the UGC feature at your own risk. MOOCAR assumes no obligation to edit, delete, store, back up, maintain, use, not use, deliver, make available or otherwise act or refrain from acting in relation to UGC. You understand that we do not control others’ use of UGC features, and we are not responsible for the content or manner in which you or others may use or publish as UGC, or for its loss, damage, destruction or alteration. You will not attempt to edit or delete someone else’s UGC. You understand that UGC can be viewed by everyone and is not bound by any privacy policy or protection.
You represent and warrant that (a) you own and/or control all rights required by UGC to license UGC to us; (b) UGC will not infringe or violate intellectual property or other rights of third parties, or otherwise violate applicable law; ( c) UGC and its use do not violate the MOOCAR TOS.
MOOCAR is not responsible for monitoring inappropriate content or behavior on the Services. If MOOCAR monitors the Services at any time in its sole discretion, MOOCAR still assumes no responsibility for UGC or UGC functionality, assumes no obligation to modify or delete any UGC, and is not responsible for the actions of any user. MOOCAR reserves the right to investigate and take appropriate legal action against anyone who violates or is suspected of violating the MOOCAR TOS, including but not limited to reporting you to law enforcement agencies. In addition, you agree that MOOCAR may access, save and disclose your account and registration information and any other content or information if required by law or based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process (b) enforce the intellectual property rights of MOOCAR TOS or MOOCAR; (c) respond to claims that any content or information infringes the rights of any third party; (d) respond to your requests for customer or technical services; (e) protect MOOCAR , the rights, property or personal safety of users or any third party, including taking action in an emergency.
Copyright Infringement Issues / DMCA Takedown Notice
If you believe that any material posted through the Services infringes or otherwise infringes your copyright, you may ask us to remove it by sending a written notice to our designated copyright agent containing the following information and notice:
- Identify the work that you believe has been infringed. Describe the work and provide a copy of the work or a website address where we can view it. Include links, page numbers, or other appropriate references to help us locate the work.
- Identify content or other information that you believe infringes your work. Include all links to our service pages to help us find information on the service.
- Provide your name and contact information so that we can contact you in due course to discuss your notice.
- Include a statement that you have a good faith belief that the use of the information is not authorized by the copyright owner, its agent, or other laws.
- Include a statement that the information you submit is accurate and that “under penalty of perjury” you are the copyright owner or its authorized representative to act on its behalf.
- Signature or electronic equivalent of the copyright owner or its authorized representative acting on its behalf.
The contact details of our copyright agent are as follows:
Via email: moocar@moocarparts.com
Service Abuse and MOOCAR TOS Violations
If you come across abuse or other violations of the MOOCAR TOS that you wish to report, please contact us:
Via email: moocar@moocarparts.com
MOOCAR reserves the right (but does not undertake any obligation) to take any action it deems appropriate against those who violate the MOOCAR TOS, including suspending and terminating any user account and any visitor’s use of the service for any reason or no reason, and with or with MOOCAR at its sole discretion and without notice.
Privacy Policy
MOOCAR has published its Privacy Policy, which discusses how we collect, store, use and disclose information about your use of the Services. The Privacy Policy is also part of the MOOCAR TOS and is incorporated by reference. Your use of the Services constitutes your acceptance of the Privacy Policy.
Links from this service to other people’s websites and services
The Service may contain links to websites or other services provided by third parties. The fact that we may link to others’ services does not imply that we endorse, recommend, sponsor or have any other affiliation or relationship with their providers. We do not control such third-party providers or their services or the information obtained through their services. Their services are not governed by MOOCAR TOS or the MOOCAR Privacy Policy, but may be governed by their own Terms of Service and Privacy Policy. We disclaim all warranties and liability for the services of others; you access and use them at your own risk.
Assure
You agree to indemnify MOOCAR, its shareholders and licensors, and their respective affiliates, directors, officers, employees, members, agents, attorneys and representatives (collectively, “MOOCAR”) against you (A) for using or attempting to use the Services or Service Content; (B) you violated the MOOCAR TOS; (C) you violated or violated any rights of another person or entity; (D) you violated applicable law. MOOCAR reserves the right to the exclusive defense and control of any matter for which you are required to indemnify and all negotiations for its settlement or compromise, and you agree to cooperate fully with us upon our request.
Disclaimer
MOOCAR provides the services “as is” and on an as-available basis. Your use of the Services is at your own risk. To the fullest extent permitted by law, MOOCAR disclaims any representations, warranties and warranties, express or implied, Including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or use and non-infringement in the jurisdiction or area. In particular, MOOCAR does not warrant that the Services will meet your expectations or requirements, or that the Services will be uninterrupted, timely, secure, reliable or error-free, or that the results obtained using the Services will be accurate or reliable, or that any errors will be corrected, or that the Services will be Will be free of viruses or other malware or harmful components.
Limitation of Liability
MOOCAR shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses without any notice and whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise caused by direct or indirect or indirect of the service, MOOCAR TOS or your use or inability to use the service or the service content.
MOOCAR’s sole and entire maximum liability, and your sole and exclusive remedy for any such cause or claim, shall be Limited to the net amount (whichever is less) of any product or service actually received by MOOCAR from you during the twelve (12) month period preceding the claim. You agree that this limitation of liability reflects a reasonable allocation of risk. You acknowledge that Moocar will not provide services to you unless you agree to such limitation of liability.
The main purpose of the above limitation of liability is to limit MOOCAR’s liability under the MOOCAR TOS. The foregoing limitations will apply even if your above remedy fails of its essential purpose.
Because some jurisdictions do not allow the disclaimer of certain warranties, or the exclusion or limitation of certain types of liability, some of the above disclaimers and limitations may not apply to you; however, in such event, At MOOCAR’s option, the maximum applicable limitation of MOOCAR’s liability will apply.
General provisions
MOOCAR TOS spells out your and our entire understanding of its subject. If any one or more of the terms and provisions of the MOOCAR TOS are found to be invalid, illegal or unenforceable, the remaining provisions shall remain in force and shall not be affected or impaired thereby. Failure to insist on strict compliance with any term or provision of MOOCAR TOS shall not waive any such term or provision, and shall not waive or limit subsequent rights to insist on strict compliance with that term or provision or any other term or provision of MOOCAR TOS. Headings are for convenience only; they must not be used to explain the meaning or intent of MOOCAR TOS. You may not assign or assign MOOCAR TOS or sublicense the rights granted hereunder without MOOCAR’s express prior written consent. Any assignment, assignment or sublicense of MOOCAR TOS or its rights or obligations under this Agreement in violation of its terms shall be void. MOOCAR may assign or transfer MOOCAR TOS from time to time in its sole discretion. MOOCAR TOS is binding on all permitted successors and assigns. The governing law of MOOCAR TOS is the substantive law of the State of New Jersey. MOOCAR TOS is not governed by, and expressly excludes the application of, the United Nations Convention on Contracts for the International Sale of Goods or any other similar convention or law. MOOCAR TOS is binding on all permitted successors and assigns. The governing law of MOOCAR TOS is the substantive law of the State of New Jersey. MOOCAR TOS is not governed by, and expressly excludes the application of, the United Nations Convention on Contracts for the International Sale of Goods or any other similar convention or law. MOOCAR TOS is binding on all permitted successors and assigns. The governing law of MOOCAR TOS is the substantive law of the State of New Jersey. MOOCAR TOS is not governed by, and expressly excludes the application of, the United Nations Convention on Contracts for the International Sale of Goods or any other similar convention or law.
MOOCAR TOS will not change or affect any other written agreement you may have with MOOCAR now or in the future. If there is any conflict between the terms of these agreements and MOOCAR TOS, the terms of these agreements will govern in such event.
Dispute Resolution
Any dispute arising out of or related to the MOOCAR TOS or the Services, including any question regarding the existence, validity or termination of the MOOCAR TOS, shall be resolved by binding arbitration in Somerset County, New Jersey, by One arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. Each party to such arbitration shall bear its own costs and expenses.
Notwithstanding the foregoing arbitration requirements, MOOCAR shall not be excluded or delayed from seeking and obtaining emergency, temporary, preliminary or permanent injunctive relief in a state, federal or any other court of competent jurisdiction to protect and enforce its intellectual property rights or to remedy your claims if MOOCAR Unauthorized use of the Services or the Services Content is reasonably believed to be necessary for such remedies. You agree to and shall not challenge the personal jurisdiction and venue of the New Jersey and federal courts for this purpose. MOOCAR may enforce any judgment or award in any court of competent jurisdiction.
You must initiate an action arising out of or related to MOOCAR TOS or the Services within one (1) year from the date on which the claim that is the subject of the action arose. You waive any statute of limitations to the contrary.
To the fullest extent permitted by applicable law, you waive your right to initiate or participate in any class arbitration proceeding against MOOCAR or its affiliates.
To the fullest extent permitted by applicable law, you waive your right to bring or participate in any class action against MOOCAR or its affiliates.
You hereby waive any rights you may have now or hereafter to be tried by jury in any suit or proceeding involving the Services, the MOOCAR TOS or the subject matter covered by the MOOCAR TOS.
Questions or comments
If you have any questions or comments about our services or MOOCAR TOS, please contact us:
Via email: moocar@moocarparts.com
MOOCAR and the MOOCAR logo are exclusive service marks of MOOCAR AUTO PARTS CO.,LTD. all rights reserved. Unauthorized use or reproduction is prohibited.
