Agreement Between User and atlasradiatorinc.com
Welcome to atlasradiatorinc.com. The atlasradiatorinc.com website (the “Site”) is composed of various web pages operated by Atlas Radiator, Inc.. atlasradiatorinc.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of atlasradiatorinc.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
atlasradiatorinc.com is an E-commerce Site
We sell a variety of products and/or services. We are committed to providing the highest level of goods and/or services available.
When registering as a member of the Site, you may be asked to provide certain details about yourself. This is in order to offer you a full range of information, products and services. To register as a member, you will be asked to provide your name, email address and mailing address. This information may be used to notify you of and provide you with valuable offers. All newsletters and promotional emails have an “opt-out” feature. When you order products, you will also be required to supply your billing and shipping information. This information should be as accurate as possible because it will be used for all contact, billing and shipping purposes respective to your order.
Because your privacy is top priority, the Site uses secure transaction software. All credit card orders placed on the Site are processed on a secure server. Any credit card or other personal information you provide is encrypted prior to being transmitted from your computer to the Site.
Visiting atlasradiatorinc.com or sending emails to Atlas Radiator, Inc. constitutes 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, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Atlas Radiator, Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. Atlas Radiator, Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Atlas Radiator, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use atlasradiatorinc.com only with permission of a parent or guardian.
Atlas Radiator, Inc. warrants its products to be free from defects in material and workmanship for 12 Months from the date of shipment to the original purchaser.
The limited warranty is void if the product is subject to misuse, neglect, or operating conditions other than those for which the equipment was designed, pr have been repair or altered outside the factory of Atlas Radiator, Inc.
Claims for internal engine damage will be denied! All vehicles and stationary equipment have warning lights and or gauges to warn the operator of overheating conditions long before internal engine damage would occur. Atlas Radiator, Inc. shall not be responsible for engine damage due to operator negligence.
RETURNS WILL NOT BE RECEIVED BY ATLAS RADIATOR, INC. WITHOUT FIRST OBTAINING A “RETURN NUMBER” To obtain a “RETURN NUMBER” call Atlas Radiator, Inc. at (562) 941-5888, and ask to speak to the RETURN DEPARTMENT”
Purchaser’s sole remedy for breach of this warranty, exclusive of all other remedies provided by law, shall be limited to repair or replacement of any part which shall, within 12 months from date of shipment to the original consumer purchaser, be returned to the place of original purchase or the Warranty Department of Atlas Radiator, Inc., with all transportation expenses prepaid by purchaser, an which the examination by Atlas Radiator, Inc, or its designated agent, shall disclose to have been defective, Purchaser’s remedy does not include reimbursement for any expenses incurred for labor or material charges incident to the replacement, removal, or installation of any radiator, radiator core or component part.
ATLAS RADIATOR, INC. IN NO EVENT SHALL BE LIABLE TO THE PURCHASE FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PRODUCTION OR LOSS OF PROFITS OR CLAIMS OF THIRD PARTIES AGAINST THE PURCHASERS, RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING THOSE RESULTING FROM THE ORDER OR USE OF ANY ATLAS RADIATOR, INC. PRODUCTS AND ATLAS RADIATOR, INC. SOLE LIABILITY TO THE PURCHASER FOR ANY CAUSE OF ACTION, WHETHER BASED UPON NEGLIGENCE, CONTRACT OR STRICT LIABILITY, SHALL BE THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE REMEDY PARAGRAPH OF THIS WARRANTY.
Links to Third Party Sites/Third Party Services
atlasradiatorinc.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Atlas Radiator, Inc. and Atlas Radiator, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked site, or any changes or updates to a Linked Site. Atlas Radiator, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Atlas Radiator, Inc. of the site or any association with its operators.
Certain services made available via atlasradiatorinc.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the atlasradiatorinc.com domain, you hereby acknowledge and consent that Atlas Radiator, Inc. may share such information and data with any third party with whom Atlas Radiator, Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of atlasradiatorinc.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
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 Atlas Radiator, Inc. 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. Atlas Radiator, Inc.’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 Atlas Radiator, Inc. 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 Atlas Radiator, Inc. or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Atlas Radiator, Inc. 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 Atlas Radiator, Inc. Content accessed through atlasradiatorinc.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Atlas Radiator, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user 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. Atlas Radiator, Inc. 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 event you will fully cooperate with Atlas Radiator, Inc. in asserting any available defenses.
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. Atlas Radiator, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ATLAS RADIATOR, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS 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. Atlas Radiator, Inc. 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.
Atlas Radiator, Inc. 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 Alabama and you hereby consent to the exclusive jurisdiction and venue of courts in Alabama 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 limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Atlas Radiator, Inc. as a result of this agreement or use of the Site. Atlas Radiator, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Atlas Radiator, Inc.’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 Atlas Radiator, Inc. 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 the user and Atlas Radiator, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Atlas Radiator, Inc. with respect to the Site. A printed version of this agreement and of 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 to the parties that this agreement and all related documents be written in English.
Changes to Terms
Atlas Radiator, Inc. reserves the right, in its sole discretion, to change the Terms under which atlasradiatorinc.com is offered. The most current version of the Terms will supersede all previous versions. Atlas Radiator, Inc. encourages you to periodically review the Terms to stay informed of our updates.
Atlas Radiator, Inc. welcomes your questions or comments regarding the Terms:
Atlas Radiator, Inc.
10110 Norwalk Blvd.,
Santa Fe Springs, CA 90670
TOLL FREE (877) 384-CORE
FAX (562) 941-5159
Effective as of February 1, 2014