Effective Date: July 17, 2017
These Terms are a legal agreement between LKQ Corporation (“LKQ,” “our,” “we” and “us”) and you (also referred to as “your”) that governs the website located at www.LKQCorp.com (the “Website”) and the PYP Garage Mobile Application including all Updates (defined in Section 3 below) (the “App”) and all related documentation, and information and Content (defined below in Section 6 below) provided by LKQ or through the Website or App (collectively the “LKQ Service”).
1. Account Registration. In order to use the LKQ Service you will need to log-in with a user account that you register for through the LKQ Service (“Account”). You agree to provide current, complete, and accurate Account information when you register for an Account and are responsible for the keeping it up to date. You agree to keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your Account, the LKQ Service, or any other breach of security. Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available through the LKQ Service. You agree not to attempt to access any (if any) restricted features or functionality.
2. Eligibility. You must be a resident of the United States or Canada and 18 years of age or older to use the LKQ Service. By registering for an Account, you certify that you are 18 years of age or older and a United States or Canadian resident.
3. Updates. If LKQ provide updates, supplements, or add-on components to the App after you download it (collectively, “Updates”), these Terms will apply to the Updates unless LKQ provides additional terms along with the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update. You agree that LKQ may automatically check your version of the App and send Updates to the App and may release subsequent versions of the App and require you to use the most current version. LKQ reserves the right to discontinue your access to the App.
5. License to LKQ Service. Conditioned on your compliance with these Terms, LKQ grants you a limited, personal, non-exclusive and nontransferable license to access and use the LKQ Service and download, install, and use the App use on a mobile device owned or otherwise controlled by you solely for your personal, non-commercial use in connection with your use of the LKQ Service.
6. LKQ and User Content. The LKQ Service includes and provides access to information, content, graphics, text, images, code, sound files, video, communications, packages, profiles, documents, files, and other materials (“Content”), including Content uploaded and posted by users (“User Content”). If no additional terms are presented when you access Content, LKQ and its licensors grant you, conditioned on your full compliance with these Terms, a revocable, worldwide, royalty-free, personal, non-transferable, non-exclusive license to view, access, and use the Content in connection with your use of the LKQ Service. LKQ does not control and is not responsible for or liable for User Content.
7. Your Content. You are solely responsible for all Content that is uploaded, posted, emailed, transmitted, shared, or otherwise disseminated using, or in connection with, the LKQ Service and your Account (“Your Content”). LKQ does not claim ownership of Your Content. You grant to LKQ and its affiliates and service providers a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, and translate Your Content (and derivative works thereof). LKQ is under no obligation to enable the transmission of Your Content through the LKQ Service and may, in its discretion, edit, block, refuse to post, or remove Your Content at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not violate any agreement with or policy of LKQ. You hereby waive any moral rights that you may have in and to Your Content.
8. License Restrictions. You represent and warrant that You, Your Content, and Your use of the LQK Service will comply with and, you understand and agree that the licenses granted to you under Sections 5 and 6 are conditioned on your compliance with the following:
a. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in the LKQ Service or to use the LKQ Service in an attempt to, or in conjunction with any device, program or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;
b. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the LKQ Service, except and only to the extent that applicable law expressly permits, despite this limitation;
c. You must not download or copy any aspect of the LKQ Service, except the App as expressly permitted in Section 5;
d. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the LKQ Service or any features or functionality of the LKQ Service to any third party for any reason, including by making the LKQ Service available on a network where it is capable of being accessed by more than one device at any time;
e. You must not modify or make any derivative works of the LKQ Service, in whole or in part;
f. You must not remove any proprietary notices or labels on the LKQ Service or any copy thereof;
g. You must not use the LKQ Service in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments;
h. You must not tamper or interfere with the proper functioning of the LKQ Service;
i. You must not attempt to access or use any non-public areas of the LKQ Service or use it, as a platform for external applications; to develop applications, services, websites; or any other functionalities that leverage the LKQ Service or any portion thereof;
j. You must not attempt to probe, scan, or test the vulnerability of the LKQ Service or any LKQ system or network or to breach any security or authentication measures;
k. You must not attempt to access or search the LKQ Service or any network or system provided by LKQ or used to operate the LKQ Service with any engine, software, tool, agent, device, or mechanism other than with software or search agents provided by LKQ or generally available web browsers;
l. You must not make any use of the LKQ Service in any manner not permitted by these Terms or the documentation; and
m. You, Your Content, and your use of the LKQ Service must not:
i. Contain any material that is unlawful, fraudulent, untrue, stalking, libelous, defamatory, obscene, indecent, abusive, tortious, threatening, offensive, harassing, violent, hateful, harmful, deceptive, inflammatory or otherwise objectionable as determined in LKQ’s sole discretion.
ii. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
iii. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
iv. Violate any applicable law or regulation or violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
v. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
vi. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
vii. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
viii. Advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” unregistered sales of securities, and securities fraud.
ix. Give the impression that it emanates from or is endorsed by LKQ or any other person or entity, if this is not the case.
x. Cause damage to LKQ’s business, reputation, employees, facilities, or to any other person or legal entity.
xi. Intercept, collect, or store data about third parties without their knowledge or consent.
xii. Delete, tamper with, or revise Content posted by LKQ or any other user unless otherwise permitted.
xiii. Send or attempt to send unsolicited commercial messages, including promotions or advertisements for products or services, “spam,” “china mail,” or “junk mail.”
xiv. Send altered, deceptive, or false source-identifying information.
xv. Involve excessively high volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server, or any other server, and non-traditional end-user activities.
9. Violation of Terms and Enforcement. If LKQ suspects violations of these Terms, LKQ may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You authorize LKQ to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying or tracking activities that LKQ considers to be illegal or a violation of these Terms. LKQ reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of these Terms, and expressly reserves all rights and remedies available to LKQ at law or in equity, including instituting legal action and cooperating with law enforcement authorities. You agree to cooperate with LKQ in investigating suspected violations of these Terms by you or others. To the maximum extent authorized under applicable law, LKQ reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the LKQ Service to you at any time and without notice.
10. Reservation of Rights. You acknowledge and agree that access to the LKQ Service is provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the LKQ Service, other than the right to use the LKQ Service in accordance with the licenses granted in Sections 5 and 6. LKQ reserves and retains its entire right, title and interest in and to the LKQ Service, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.
11. Non-Binding Quotations. You may elect to use the “Sell Your Car to LKQ!” functionality within the LKQ Service to obtain a non-binding free estimate of what LKQ may pay to purchase a vehicle. You acknowledge and agree that any quotations received through the LKQ Service are a non-binding estimate of the value of your vehicle, based on the information you provide and that an estimate provided is not an offer or a promise, commitment, or contract to purchase or to pay any particular amount for any vehicle. LKQ may, in its sole discretion, decline to purchase any vehicle or offer an alternative amount at any time.
12. LKQ Service Availability and Support. LKQ has no obligation to and may not provide support in relation to the LKQ Service or your Account. LKQ does not guarantee availability of the LKQ Service or your Account and your access is permitted only if and when they are available. To the maximum extent authorized under applicable law, LKQ reserves the right to suspend your access to the LKQ Service or your Account, and discontinue your access to the LKQ Service provided or made available to you through the App or Website at any time without notice. LKQ also reserves the right, in its sole discretion, to change or discontinue the LKQ Service or any aspect of the LKQ Service, including availability, content, or features, at any time and without notice to you.
13. Termination. You may terminate your Account or your use of the LKQ Service at any time. LKQ reserves the right to terminate your Account and these Terms and to suspend or terminate the App or your access thereto at any time with or without prior notice. Sections 4, 7, 8, 10-20, and 22-25 of these Terms will survive termination.
14. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LKQ SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. LKQ DOES NOT MAKE ANY AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LKQ SERVICE AND PRODUCTS ULTIMATELY PURCHASED AS A RESULT OF YOUR USE OF THE LKQ SERVICE, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, LKQ HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, SAFETY, LEGALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE LKQ SERVICE OR ANY PARTICULAR VEHICLE OR PART WILL BE AVAILABLE OR THAT THE LKQ SERVICE WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, OR ERROR FREE, SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; PROVIDE SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE, OR INJURY. IF YOU ARE DISSATISFIED WITH THE LKQ SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE LKQ SERVICE.
15. Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LKQ BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING: ANY DAMAGES TO OR FOR LOSS OR CORRUPTION OF DATA or privacy, CONFIDENTIAL INFORMATION OR OTHER INFORMATION; REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS), OR FOR INJURY OR DEATH; BUSINESS INTERRUPTION; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, or NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE LKQ SERVICE, EVEN IF LKQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Limitation of Liability and Exclusive Remedies. To the maximum extent permitted by applicable law and to the extent they are not excluded or disclaimed under Section 14 or 15 LKQ’s maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, your account, or The App will not exceed THE DIRECT DAMAGES YOU INCURRED BASED ON YOUR REASONABLE RELIANCE ON the LKQ SERVICE UP TO A TOTAL OF US$100.00.
17. IMPORTANT CONSUMER NOTICE. Some jurisdictions do not allow certain damage limitations such as the limitation of loss or liability from intentional acts (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in sectionS 14, 15, or 16 will be interpreted as excluding liability which cannot under Applicable law be excluded. IF YOU LIVE or are otherwise subject to the laws IN ONE OF THOSE JURISDICTIONS any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTION 14, 15, or 16 MAY NOT APPLY TO YOU.
18. Independent Remedies. The disclaimer and limitation of warranties and the exclusion of damages under Sections 14 and 15 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fails of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 14 and 15 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
19. Indemnity. You agree to defend, indemnify, and hold LKQ, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) Your Content, your use of the LKQ Service, and activities occurring under your Account; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law. LKQ reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with LKQ in asserting any available defenses.
20. Notices. LKQ may give you all required notices (including legal process) by any lawful method, including by posting notices on the App or by sending it to any email address that you provide to LKQ. You agree to send LKQ notices by mailing them to the following address or by e-mail as follows:
500 West Madison Street, Suite 2800, Chicago, IL 60661
Notice shall be deemed given twenty-four (24) hours after an e-mail is sent, or in the case of mailing, three (3) days after the date of mailing.
21. Modifications to these Terms. LKQ reserves the right to change these Terms at any time upon notice to you. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at https://www.LKQCorp.com/Terms-of-Use Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the LKQ Service after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you must cancel your Account and stop using the LKQ Service.
22. Governing Law. These Terms are governed by the laws of the State of Illinois, without reference to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms. The parties confirm that they agree that these Terms, as well as all other related documents, including all notices, have been and will be drawn up in the English language only.
23. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION. You and LKQ each agree that all claims, controversies, and disputes between You and LKQ, including those arising out of or related to the LKQ Service, your Account, or these Terms (each a “Dispute” and collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and LKQ are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND LKQ ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless You and LKQ otherwise agree, American Arbitration Association (“AAA”) will arbitrate all disputes and AAA Commercial Arbitration Rules will apply. You and LKQ each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND LKQ ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any JAMS rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, You and LKQ each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a state or federal court, and not in arbitration. You and LKQ each agree that the location of the arbitration or court where the Dispute will be resolved will be the largest city in your state within 100 miles of where you live. You and LKQ each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys’ fees. You and LKQ each are responsible for your or its respective costs relating to the arbitration, except that LKQ will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any Dispute where You assert a claim against LKQ, unless You demonstrate to the arbitrator that You would be entitled to file that civil action in federal court without payment of the then-applicable fee). To begin arbitration, You must send a letter requesting arbitration and describing your Dispute to the contact listed for LKQ in Section 20. You may opt-out of the agreement to arbitrate in this Section by mailing LKQ written notice of your election to opt-out at 500 West Madison Street, Suite 2800, Chicago, IL, 60661 within 45 days of creating an Account, accessing the LKQ Service, or downloading the App (whichever is earlier), expressly indicating that You are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by LKQ. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under these Terms. You and LKQ each also agree that these Terms affect interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law in Section 22).
24. General. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and LKQ intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and LKQ agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely. LKQ may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the App, or under these Terms. If, at any time, LKQ fails to respond to a breach of these Terms by you or others, that failure will not waive LKQ’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on LKQ if it is in writing and signed by LKQ. These Terms (including Additional Terms and any incorporated terms or policies) constitute the entire agreement between you and LKQ with respect to your Account and the LKQ Service. Both you and LKQ warrant to each other that, in entering these Terms, neither LKQ nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and LKQ, or LKQ’s successors and permitted assigns, will have any right to enforce any of these Terms.
25. Notices for Claims of Copyright Violations and Agent for Notice. If you are a copyright owner and have a good faith belief that any material available on the LKQ Service infringes upon your copyrights, you may submit a copyright infringement notification to us pursuant to the Digital Millennium Copyright Act by providing LKQ with the following information in writing:
a. an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the LKQ Service, with enough detail that LKQ may find it on the LKQ Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). LKQ’s Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: LKQ Corporation
500 West Madison St
Chicago, IL 60661
Attn: General Counsel
By email: [email protected]
Notwithstanding the foregoing, LKQ does not guarantee any action based upon the receipt of your notice. ALL NOTICES THAT DO NOT COMPLY WITH THE ABOVE REQUIREMENTS WILL RECEIVE NO RESPONSE. If you reside outside of the United States, please understand that filing a notice or counter-notice may lead to legal proceedings between you and the complaining party to determine ownership or right to use. Therefore, please be aware that there may be adverse legal consequences if you make a false or bad faith allegation by using this process.