TERMS OF USE & License Agreement

The AASA “Know Your Parts” awareness and educational campaign is an initiative of the association and the AASA Marketing Executives Council (MEC) to address the proliferation low-quality, low-cost, off shore, generic auto parts in the aftermarket through out every level in the distribution channel. These low cost, low quality parts may not meet original specifications and could pose a potential danger to both the technician installing them and the consumer driving the car on which they are installed – and the entire aftermarket could suffer from the resulting loss of public confidence in our parts and services. The AASA campaign calls for the automotive aftermarket industry to stand united and encourage all aftermarket supply chain partners and consumers to “Know Your Parts.”

The logo “Know Your Parts” is a trademark of the Automotive Aftermarket Suppliers Association (hereinafter “AASA”, “we” or “us”). These Terms of Use & License Agreement (“Agreement”) set forth legally binding terms that govern and restrict the use of this logo and related materials located at www.aftermarketsuppliers.org/knowyourparts.php  (hereinafter, the “Site”). YOUR AFFIRMATIVE ACT OF USING MATERIALS FROM THE SITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING AGREEMENT.

1. CHANGES TO THE Agreement

We may prospectively change this Agreement at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of the Site. You are responsible for checking this link periodically for changes. If you continue to use the Site or materials obtained there after we post changes to this Agreement, you are signifying your acceptance of the new terms of the Agreement.

2. INTELLECTUAL PROPERTY RIGHTS & GRANT

                A.        Grant

The Site contains copyrighted material, trademarks and other proprietary information, including data, text, software, photos, video and graphics (“Content”). The Content, including the KNOW YOUR PARTS logo, that is available through the Site is the property of AASA or its affiliates and is protected by copyright, trademark and other intellectual property laws. BY ACCESSING THE SITE AND AGREEING TO THIS AGREEMENT, AASA HEREBY GRANTS YOU PERMISSION TO USE THE SITE AND THE CONTENT FOR PURPOSES OF PROMOTING THE CAMPAIGN. By agreeing to these terms, AASA members will be entitled to use the KNOW YOUR PARTS logo to advertise your support of AASA’s marketing campaign.  If you are not an AASA member then a request should be generated for approval and permission to use the logo.

            B.        Restrictions & Guidelines for Use

You may not modify, manipulate, participate in the transfer, assignment or sale, create derivative works, or in any way exploit the Content of this Site or any portion of it.  You may not use any of the Content offered on the Site (including the KNOW YOUR PARTS logo) in a derogatory or defamatory manner, or in any way that is not within the spirit of the campaign.  You may use the Content offered for downloading, for promotional use only and subject to this Agreement. In the event of any permitted copying, redistribution or publication of Content from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made by you. Finally, use of the KNOW YOUR PARTS logo should only be used on high quality parts that meet both government and industry standard guidelines in terms of quality.

3. Quality Control

From time to time, AASA may request samples of your use of the Content displayed on the Site.  In such an event, you must comply with AASA’s request within thirty (30) days.  Failure to comply may result in a forfeiture of this Agreement.

4. Proper Use of the Site

You agree that you will use the Site and its contents in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of this Agreement and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site or materials contained in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.

5. LINKS TO EXTERNAL SITES

The Site may contain links to other web sites. We are not responsible for the availability of these external sites nor does it endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web site.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our affiliates and other subsidiaries, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Site and its contents. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

7. Disclaimer

You understand and agree that the Site and any information provided by the Site is public and is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Site and the information and content provided by the Site. We also reserve the right to modify, suspend or discontinue the Site with or without notice at any time and without any liability to you.

8. CHOICE OF LAW

You agree that the laws of the State of North Carolina govern this contract and any claim or dispute that you may have against us, without regard to North Carolina’s conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of North Carolina and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1)
WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NORTH CAROLINA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NORTH CAROLINA, COUNTY OF DURHAM FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

9. TERMINATION

We shall have the right to immediately terminate this Agreement with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 2, 5, 6 and 7 shall survive termination of this Agreement.

10. Privacy

We collect personal information on the Site, which is subject to the terms of our AASA privacy statement.