Website Access
When you sign up for an account on a Website, you will be asked to provide specific information in order to create an account. You acknowledge that all information you provide is current, correct, and complete according to these Terms of Use. Vast reserves the right to terminate your account or refuse you access to its websites if you provide outdated, incorrect, false, or incomplete information. Vast may take these measures at any time and without prior notice.
Restrictions on Use
By accessing a Website, you agree that you will only use it for its intended purposes and avoid engaging in behavior that is unlawful or violates these Terms of Use. You may not, under any circumstances, co-brand, frame, or hyperlink to a Website, unless Vast allows you to do so, which decision shall be made by Vast at its own sole discretion. These behaviors are defined as follows:
- Co-branding: You will not display the Vast, O’Reilly Auto Parts, or Parts City brand, trademarks, or logos on any website not affiliated with Vast, O’Reilly Auto Parts, or Parts City or one of its partners.
- Framing: You will not frame a Website within any structure or navigation element of a website not affiliated with Vast, O’Reilly Auto Parts, or Parts City or one of its partners.
- Hyperlinking: You will not provide a hyperlink to a Website on an unaffiliated website, unless you are allowed to do so by Vast at its own sole discretion.
You agree to cooperate with O’Reilly and immediately cease any instances of co-branding, framing, or hyperlinking upon request. You also agree to avoid acting in a manner that disables, overburdens, damages, or impairs the ability of others to use a Website. You may not access, or attempt to access, information or confidential materials which are not intentionally made available through a Website.
Communication Services
By using the communication services, bulletin boards, forums, and any other messaging systems provided on a Website, you agree to use these services only for their intended purposes and according to these Terms of Use. You will not post, send, submit, publish, or transmit any of the following on digital platforms associated with Vast, O’Reilly Auto Parts, or Parts City (the “Trademark Owners”):
- Proprietary material or intellectual property belonging to the Trademark Owners or a third party
- Materials describing or advocating for illegal activity or expressing the desire or intent to commit a crime
- Vulgar, obscene, or pornographic material
- Threats, abuse, libel, defamation, harassment, or threatening or offensive language
- Materials that harm or exploit children and minors
- Names, phone numbers, addresses, email addresses, or other personal details of any third party
- Misleading or exploitative content, or any material that impersonates or misrepresents another entity or person
- Material that is not properly attributed to the appropriate author or legal owner
- Material consisting of personal or commercial solicitations, “spam,” chain letters, or any other mass messaging
- Material that contains malware, viruses, or any other destructive mechanism that poses a risk to the website
- Solicitations for political campaigns or a political candidate
Vast reserves the right to monitor the use of the Websites and other digital platforms to ensure compliance with these Terms of Use. Vast reserves the right to remove any content which violates these Terms of Use and to restrict the access of users who refuse to follow the guidelines outlined herein. Vast may disclose to third parties, including law enforcement personnel, as much information as necessary to satisfy applicable law and the orders of any court or administrative agency, and to ensure the safety of the business, customers, and employees of Vast. Vast will remove, or deny the use of, any materials from its website that do not satisfy the requirements outlined in these Terms of Use.
Proprietary Information
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Vast (the “Content”) is the proprietary information of the Trademark Owners or the party that provided or licensed the Content to the Trademark Owners. The Content expressly includes trademarks, service marks, logos, and copyrighted works belonging to the Trademark Owners and their affiliates. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Trademark Owners, except for printing out a copy of the Content solely for personal use. In doing so, the Content may not be removed or altered, or caused to be removed or altered, including any copyright, trademark, trade name, service mark, or other proprietary
notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the intellectual property rights of the Trademark Owners. Neither title nor intellectual property rights are transferred to anyone accessing this website.
Copyright and Ownership of Online Assets
All content on the Websites, including text, graphics and logos, images, and video is owned or licensed property of the Trademark Owners, or their affiliates or content suppliers and protected by Canadian and international copyright laws. This content may be used only for the purposes of shopping and automotive repair and information resources. Any other use, including the reproduction, modification, duplication, distribution, or republication of the content on the Websites is strictly prohibited. Users are not allowed to copy, download, duplicate, modify, distribute, or republish the content of these websites, nor any portion thereof, without the express written permission of the Trademark Owners.
Acceptable Use of Web Resources
The content included on the Websites may not be reproduced, duplicated, sold, resold, or otherwise exploited for commercial purposes by any third party beyond those permitted in writing by the Trademark Owners. The Trademark Owners and their affiliates reserve the right to refuse service, suspend or terminate customer accounts, and cancel orders if, at the sole discretion of the Trademark Owners, user conduct is determined to be in violation of local, provincial, or federal laws or is damaging to the Trademark Owners’ best interests.
Third Party Links and Hyperlinks
The Websites may be hyperlinked by other websites not owned or maintained by Vast or its affiliated parties. Vast does not sponsor traffic to the Websites from external sources, and these links are provided as a service to users of those respective sources. When you follow a link to a third-party website from a Website and access external content, you agree to the respective third-party policies and terms of the websites you visit. Vast is not responsible for the content of external third-party links, which you should access at your own risk and discretion. Vast does not guarantee the completeness, accuracy, or safety of third-party links. Vast provides hyperlinks as a convenience to customers and website users, and links to third-party websites do not represent an endorsement of other organizations, their products, or their services by Vast.
Submissions
By submitting content to Vast through a Website, you grant Vast the worldwide, royalty-free, sub-licensable, non-cancellable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display comments, reviews, ideas, and feedback through its website. Vast also reserves the right to incorporate such content into other forms of media or technology to further its business objectives. Such submissions will not be considered confidential and may be used in marketing materials, products, or advertising without incurring any liability for royalties. Vast will handle the security of personal information and details according to its Privacy Policy.
Warranty Disclaimer
Vast does not assume any responsibility for your use of the Internet or the downloading of potentially harmful files. You are responsible for protecting your computers and mobile devices from viruses, malware, worms, Trojan horses, and other security risks that may harm the integrity of your hard drive, files, or operating systems. You are responsible for protecting your data with personal antivirus software, firewalls, and other sufficient programs, and recovering your lost data, in the event of a security breach or malfunction.
VAST MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, WITH REGARD TO THE USE OF THE WEBSITES AND OTHER DIGITAL PLATFORMS, OR ANY PRODUCTS OR SERVICES PURCHASED THEREON, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK, AND THE CONTENT CONTAINED ON THE WEBSITES IS PRESENTED AS IS AND WITHOUT GUARANTEE AGAINST ERRORS, DEFECTS, OR SECURITY RISKS. WARRANTIES ON PRODUCTS MAY BE AVAILABLE FROM THE MANUFACTURER THEREOF. VAST MAKES NO WARRANTY REGARDING, AND IS NOT RESPONSIBLE FOR ANY INTERRUPTION OF, INTERNET SERVICE. VAST EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY YOUR USE OF THE WEBSITES AND OTHER DIGITAL PLATFORMS
You are responsible for the entire cost of servicing, repairing, or correcting any loss or damage resulting from the use of the Websites. Prices and availability of products sold on the Websites may change without notice. Vast does not assume responsibility for your use of the Content on the Websites and cannot be liable if your actions infringe on the rights and privacy of others. All of the information on the Websites applies only as of the posted date, and Vast has no obligation to update or remove such information upon request.
Limitation of Liability
Vast and the “Indemnified Parties” (defined below) will not be liable or responsible for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Vast was advised of the possibility of such damages. At no point will the collective liability of Vast or any of the aforementioned parties (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Vast for the applicable Content or service out of which liability arose. The limitation on liability set forth above may not apply in certain provinces. In these provinces, you may have additional remedies or damages available to you.
Indemnity
If you breach or violate these Terms of Use or the Privacy Policy, or use any Content for a purpose not explicitly authorized by Vast in these Terms of Use, you will release, defend, indemnify, and hold harmless Vast and the Indemnified Parties (defined below) from responsibility for such breaches and violations. You agree that Vast and the Indemnified Parties will have no liability for any resulting losses, damages, judgments, awards, costs, expenses, and attorney’s fees in connection with such breach or unauthorized use, and you will release, defend, indemnify and hold harmless Vast and the Indemnified Parties from the same. You also release, defend, indemnify and hold harmless Vast and the Indemnified Parties from any liability pertaining to claims brought by third parties that result from your breach, violation, or unauthorized use of the Websites and Content. “Indemnified Parties” includes Vast, O’Reilly Auto Parts, Parts City, and any parent company, subsidiaries, and affiliates thereof, and their respective officers, directors, shareholders, partners, employees, agents, representatives, subcontractors, successors, and assigns.
Choice of Law and Jurisdiction
These Terms of Use will be governed and interpreted according to the laws of the province of Quebec, without giving effect to its conflict of law principles. In the case of a legal dispute concerning these Terms of Use, the use of the Websites, or other legal matter, you consent to venue in a court of competent jurisdiction within the geographic boundary of Montreal in the province of Quebec.
Security
Your password for a Website is for your use only. You are responsible for keeping your password safe, secure, and updated regularly. Vast will not monitor or protect your password, and you may be required to change it if Vast suspects the security of its website has been compromised. You must use a password that Vast deems secure and change it periodically, or Vast reserves the right to terminate your account.
The use of tools or programs designed to compromise a Website (password-breaking software, hacking tools, or unwanted probes) is strictly prohibited. By using a Website, you agree to take the appropriate actions to maximize the security of your own account information, as well as cooperate with Vast employees and security staff if a breach of security is discovered. You are prohibited from compromising security, tampering with system resources, or willingly releasing account details to unauthorized parties. Vast reserves the right to investigate any violation or breach of security by releasing personal details to system administrators or legal authorities in order to resolve security incidents.
In the case of a court or administrative agency order or other legal inquiry, Vast reserves the right to comply and cooperate with law enforcement and satisfy such requests for user information. If requested for legal purposes, Vast may disclose such information as names, user account details, messages, or any proof of violation of the Terms of Use. By using a Website, you release Vast and the Indemnified Parties from any liability for losses or damages resulting from the compliance of Vast with such orders or inquiries, which are taken as a consequence of your activity on a Website
Tracking Information Legal Restrictions
Vast may provide you with tracking information obtained through various shipping services for the purpose of tracking orders mailed to you from a Website. Any package tracking system and tracking information obtained through this service are the sole property of the third party’s respective services. You will not use these tracking systems for purposes not permitted by these Terms of Use. Any unauthorized use of these services, other than to track shipments to you, will be considered a violation of these Terms of Use.
You will not publish, distribute, copy, store, use, or sell such tracking information for commercial gain without the express consent of the applicable shipper(s). The respective tracking systems are provided as a service, and any access or use of these systems that violates these Terms of Use is strictly prohibited.
Termination or Restriction of Access
If you violate any of the Terms of Use, Vast may at any time, and without notice, terminate or restrict your access to the Websites and any related services.
Assignability
Vast reserves the right to assign these Terms of Use in part or in full to any affiliate or successor of Vast. You may not assign your rights and obligations described in these Terms of Use without prior, written consent from Vast.
Severability
If any provision, in part or in full, of these Terms of Use is determined to be void or unenforceable, the remaining provisions of these Terms of Use shall not be affected. All remaining provisions shall remain binding, and in full force and effect.
Privacy Statement
For more information on O’Reilly privacy practices and policies, please see the company’s Privacy Statement.
Ordering
At the time you place your order, our system will validate the credit card information you provided and verify that funds are available in your account. If the information you provided during checkout fails to coincide with the information on file for the credit card you used, our security system will deny your order. If the information you provided is accurate, your credit card will be charged for the full amount of your order on the day that your order is shipped.
Shipping and Delivery
All delivery dates provided by Vast are based on the package size and weight of the order, and are estimates only. Vast cannot guarantee the speed or accuracy of delivery dates provided by any of its commonly used shipping partners. Vast is also not responsible for the security of deliveries that are missing or stolen from the delivery location. Deliveries become the sole responsibility of the customer once the order has reached the address indicated in the tracking information. Vast does not guarantee that your order will be replaced or refunded in the event of a lost or stolen package.
Pricing
Vast does not provide a price-match or low-price guarantee when you make a purchase from our online store. Because actual pricing and sales tax costs vary from location to location, Vast also does not guarantee the actual pricing for products sold at any of our stores. Your final total for purchases that you make online, or at any of our retail locations, may not reflect the same dollar amount that you would pay at another one of our stores.
Clearance and Promotional Items
Clearance prices are only good while supplies last, and are provided on a first come, first served basis. Vast does not offer back orders or rain checks on clearance items. Our stores are not able to order, restock, or transfer in any clearance items, and Vast does not substitute any other items for a clearance-priced item. Other sales, discounts, or promotional codes will not be applied to clearance pricing, and Vast does not offer large quantity discounts. Clearance items are not eligible for, or count toward, any shipping promotions or discounts, even when combined with other items in your order. Vast does not ship any clearance item, part, or product to another store.
All sales for clearance items are final, and clearance items are sold “as is.” Clearance items cannot be returned or refunded. Vast does not guarantee that the quantity of clearance items you order will be shipped. All quantities shown for clearance items are estimates, and if Vast does not have the quantities you request when your order is processed, you will receive the quantities available to ship.
