These terms govern your use of the Online Order System portion of this website (the "Site") and the purchase of products from TapTes at the Site. The Site is available only to qualified Customers their authorized employees who have registered and received access rights fromTapTes and who accept these terms by clicking on the "I Accept Terms" button below. If accepted, these terms will be legally binding and will affect, among other things, the liability of TapTes and you in transactions conducted at the Site. READ THEM CAREFULLY.
User Account and Password
Upon registration, you will receive a username and password. You are the only authorized user of the TapTes account assigned to you. You are responsible for keeping your access information confidential. You will be responsible for all orders made at the Site using your access information even if by persons not authorized by you, unless the wrongful access is the fault of TapTes. Usernames and passwords areTapTes property and may be changed or canceled at any time at our discretion. If the Customer is a legal entity, the person accepting these terms represents that he/she is authorized to do so on its behalf and has the legal capacity to do so.
The content at the Site is the proprietary information of TapTes or its suppliers and is confidential, unless it is publicly available through no fault of yours or is independently known or developed. In particular, all pricing information at the Site is confidential and commercially sensitive. You may not use any of the content except for reviewing and purchasing products from TapTes for resale, and may not disclose it to anyone other than your employees with a need to know. This Site and its content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial or competitive purpose not expressly permitted by TapTes. It is TapTes policy to terminate the use rights of anyone who violates these important prohibitions.
TapTes owns and operates the Site. All content on, the software used at, and the presentation and compilation of information at the Site are protected by the U.S. and international copyright and trademark laws and treaties. Except as expressly provided in this Agreement, you may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, decompile, reverse engineer, disassemble or commercially exploit such content without TapTes written consent. All trademarks, service marks and trade names appearing at the Site are the property of their respective owners, and may not be used by you.
Orders for products must be submitted in accordance with TapTes online order procedures and must contain all required information. All orders are subject to acceptance byTapTes. You will pay TapTes prices in effect at the time of your order submittal. Prices are subject to change from time to time without notice in TapTes sole discretion. You should check pricing at the time of your order. You are responsible for any tax, duty, fee or other charge imposed by a government authority on any purchase by you. You may claim an exemption from such charges by submitting the appropriate evidence to TapTes prior to your order. In the event of product shortages, TapTes will use commercially reasonable efforts to notify you and to procure alternate supplies, but reserves the right to allocate products at its discretion.
Use Instructions and Restrictions
Products purchased from TapTes may have instructions on proper use and installation. Some products are designed only for certain, specific uses and TapTes accordingly sells them only for such permitted uses. Failure to observe and comply with such restrictions may expose the user to personal injury or death or property damage. You must convey all such instructions, warnings, and restrictions on use and installation of products to your customers and must use commercially reasonable efforts to ensure that end users observe and comply with them.
TapTes warrants all products purchased by you, (excluding upgrade and performance parts,) against defects in material and workmanship under normal use and service for a period of 12 months/24,000 miles (whichever occurs first), or the expressed manufacturer’s warranty, whichever is greater. TapTes does not manufacture any of the products and accordingly cannot and does not warrant or guarantee their performance, function, or non-infringement of third party rights. TapTes will pass to you any manufacturer's warranties for products purchased by you, to the extent permitted, and will use commercially reasonable efforts to assist you in presenting and processing any claims against the manufacturer under such warranty. Warranty does not apply to wear items or parts which became defective due to improper installation, removal, repairs or diagnosis, negligence, mishandling, alteration, modification, or lack of maintenance, flood, accident, or fire. This warranty shall become null and void if the product sold or installed is damaged as a result of the vehicle's use in competitive or off-road driving. TapTes does not cover labor costs for removal or damage resulting from delay or loss of use in service or repair for incidental or consequential damages arising from defective product.
YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. MATERIAL PARTS OF SUCH CONTENT ARE SUPPLIED BY THIRD PARTIES. SUCH CONTENT IS BELIEVED TO BE RELIABLE BUT TAPTES CANNOT CONTROL OR VERIFY IT. ALTHOUGH TAPTES TRIES AND INTENDS TO PROVIDE TIMELY AND ACCURATE INFORMATION, IT CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION OFFERED AT ALL TIMES. GIVEN THE MAGNITUDE OF ITS INVENTORY AND CONSTANTLY CHANGING STOCK CONDITIONS, TAPTES CANNOT BE RESPONSIBLE FOR OUT OF DATE APPLICATIONS, CHANGES IN WARRANTY, OR UNTIMELY PRODUCT INFORMATION FROM SUPPLIERS. THE SITE MAY BE UNAVAILABLE AT TIMES AND MAY PRODUCE UNINTENDED OR ERRONEOUS RESULTS WHEN ACCESSED BY CUSTOMERS. YOU ACCEPT THE SITE "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY WHATSOEVER. TAPTES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Limitations on Liability
TapTes does not control the condition, quality, timing, safety or legality of any product delivered by our contracted carriers or employees. TapTes only facilitates communication and transactions. In the event that you have a dispute with one or more independent buyers or sellers, you acknowledge that TapTes (and its officers, directors, subsidiaries and employees) will not be liable for any claims, demands, damages, costs and expenses of any kind or nature relating in any way to such disputes. NEITHER TAPTES NOR ANY OTHER PARTY INVOLVED WITH THE SITE SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF THIS AGREEMENT, YOUR USE OF THE SITE OR ITS CONTENTS, OR YOUR PURCHASE OF PRODUCTS ONLINE (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, DATA LOSS, OR COMPUTER FAILURE OR MALFUNCTION), EVEN IF YOU HAVE NOTIFIED TAPTES IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TAPTES MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THIS SITE OR YOUR PURCHASE OF PRODUCTS SHALL IN NO EVENT EXCEED THE AMOUNT OF PAYMENTS TO TAPTES FOR THE PARTICULAR PRODUCT GIVING RISE TO THE CLAIM. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. Consult your state's laws.
You agree to indemnify, defend and hold harmless TapTes and its parents, subsidiaries, affiliates, officers, directors, agents and employees, from any claim or demand, including reasonable attorneys' fees and other legal costs, made by any third party due to or arising out of your breach of this Agreement, your violation of any law or the rights of a third party, or any other wrongful conduct or misconduct hereunder or in marketing, selling, or using any products purchased from TapTes. You shall cooperate fully in any defense of such claim. TapTes reserves the right to control the defense of any such claim.