About PCAP

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Port City Auto Parts strives to provide a high quality of service. Our highly experienced staff are prepared to assist in your search for the parts you will need to complete your repairs. When it comes to selling your vehicle our goal is to make your experience as convenient as possible. Give us a call or shoot us an email if you have any questions.  Make sure to follow us on Facebook and Instagram!

Port City Auto Parts (PCAP) Terms and Conditions + Warranty Checklist

Port City Auto Parts (PCAP) Warranty Check List – FOR ENGINES AND TRANSMISSIONS

We want you to have excellent results with your engine or transmission so it is vital that the below items are completed; without them the warranty is void.

In the unlikely event that you have a problem with your engine, transmission, etc. you must provide dated paperwork proving ALL the below items were completed so save all your documentation, invoices, and receipts. 

No paper work, no warranty, no exceptions.

Engine Checklist:

Turn over engine crankshaft at least 2 full 360° degree turns BEFORE installation (720°). If this is not done, warranty is automatically voided. Inspect all gaskets and seals. Replace if necessary. 

If purchasing a 3.1 or 3.4 Chevrolet engine buyer MUST install new intake gaskets or warranty is VOID.

If you have a timing BELT engine with more than 30,000 miles, you MUST replace the timing belts, tensioners, and components (Complete Timing Belt Kit). We do not warranty timing belts or their components. Timing chains need not be replaced. 

If purchasing a Kia or Ford Focus(SOHC) you MUST install a new complete timing belt kit and water pump or the warranty is VOID Install the following: new water pump, new thermostat, new rear main seal, install all new belts and hoses (power steering, alternator, fan, radiator hoses, etc.), new air filter, new fuel filter, and install and gap new spark plugs. 

Change engine oil and replace oil filter. Change oil and filter again after 500 miles of driving. 

Add new anti-freeze/coolant. (We don’t require, but highly recommend that you buy a new radiator, or take your old one to a professional radiator shop and have it back flushed, flow tested, leak tested, and “rodded-out” if needed.)

Engine MUST be installed within 30 days from date of delivery or Warranty is VOID.

After install, change oil at proper intervals in accordance with vehicle manufacturer’s guidelines or no more than every 3,500 miles

Transmission Checklist:

Automatic Transmission - Replace the following with NEW PARTS: front pump seal, output shaft seal(s), pan gasket, and filter (where applicable, if no filter exists, screen must be cleaned thoroughly).

Manual Transmission – Replace the following with NEW PARTS: external seals, clutch, pressure plate, release bearing.

Replace or flush cooler and lines in accordance with the vehicle manufacturer’s guidelines, including any current Technical Service Bulletins that apply.

Fill transmission/transaxle to proper level using correct fluids in accordance with the vehicle manufacturer’s guidelines.

Honda vehicles require Honda fluid, Toyota vehicles require Toyota fluid, etc.

Reset computer codes

Adjust shifter mechanisms

After install, change transmission fluid at proper intervals in accordance with vehicle manufacturer’s guidelines. (save receipts/invoices)

Standard Trade Practices of the Auto Recycling Industry and PCAP(“Seller”) - On our website

All warranties are limited to the value of the part itself (see limited liability section) and good for only A ONE TIME REPLACEMENT ON THE PART PURCHASED. 

Deposits – A non refundable cash deposit is required for orders where parts must be removed or ordered from other sources. NO REFUNDS ON DEPOSITS. If the parts are not picked up within two (2) weeks of the date of deposit, the deposit will be forfeited. 

Core Charge – Exchange Parts must be turned in at the time of purchase, or a core charge will be created. The core charge will be refunded if the exchange parts are brought back or are available to be picked up within 10 days of the invoice date. 

Void – All warranties are null and void if: The vehicle is converted from private passenger use to commercial or fleet use, or is used for racing, other competition, or off road recreational purposes. Failure is caused by abuse, misuse, or modifications. Failure is caused by use of a part for any means other than what was intended or recommended by the manufacturer. The part fails or becomes defective as a result of the vehicle’s involvement in a collision. The part is installed or operated outside the United States. The installed heat tab center is melted or removed. 

The parts is sold “AS IS” as indicated on the front of the invoice or in web site terms. 

Approval of Repairs and Warranty – All replacements, parts and repairs, must be approved by Seller before any work is performed; failure to do so will void the warranty. It is the Seller’s option to provide the necessary labor to replace or reinstall defective parts. All such warranty work must be performed by the Seller or by an Authorized Agent of the Seller. 

Engines – Seller warranties the long block and its internal lubricated parts ONLY. Engine warranties are limited to manufacturing defects in the block, heads, pistons, crankshafts, camshafts, rockers, and oil pumps. Bolt on accessories including but not limited to belts, hoses, water pumps, manifolds, switches, wiring, and sensors are NOT guaranteed. If an engine sold by Seller under warranty fails to operate, liability shall be limited to the replacement of the part or a remedy not to exceed the price paid for the part, at the Seller’s option. The buyer hereby acknowledges that due to the nature of used auto parts, any liability of the Seller from ALL causes shall be limited to the price paid for the goods sold or provided. 

We want you to have excellent results with your engine so it is vital that the following items are completed; without them NO LIMITED WARRANTY! 

a. Inspect all gaskets and seals. Replace if necessary. If purchasing a 3.1 or 3.4 Chevrolet engine buyer MUST install new intake gaskets or Warranty is VOID.

b. Turn over engine crankshaft at least 2 full 360° degree turns BEFORE installation (720°). If this is not done, warranty is automatically voided.

c. If you have a timing BELT engine with more than 30,000 miles, you MUST replace the timing belts, tensioners, and components (Complete Timing Belt Kit). We do not warranty timing belts or their components. Timing chains need not be replaced. If purchasing a Kia or Ford Focus (SOHC) you MUST install a complete timing belt kit or warranty is VOID.

d. Install new water pump, new thermostat, new rear main seal, install all new belts and hoses (power steering, alternator, fan, radiator hoses, etc.), new air filter, new fuel filter, and install and gap new spark plugs.

e. Change engine oil and replace oil filter. Change oil and filter again after 500 miles of driving.

f. Add new anti-freeze/coolant. (We don’t require, but highly recommend that you buy a new radiator, or take your old one to a professional radiator shop and have it back flushed, flow tested, leak tested, and “rodded-out” if needed.)

g. Engine MUST be installed within 30 days from date of delivery or Warranty is VOID.

h. After install, change oil at proper intervals in accordance with vehicle manufacturer’s guidelines or no more than every 3,500 miles.

Transmissions – Guaranteed to work properly at the time of purchase. Gears are guaranteed to be in good condition at time of purchase. Seller will warranty only if the following installation procedures were completed:

a. Automatic - Replace the following with NEW PARTS: front pump seal, output shaft seal(s), pan gasket, and filter (where applicable, if no filter exists, screen must be cleaned thoroughly).

b. Manual – Replace the following with NEW PARTS: external seals, clutch, pressure plate, release bearing.

c. Replace or flush cooler and lines in accordance with the vehicle manufacturer’s guidelines, including any current Technical Service Bulletins that apply.

d. Fill transmission/transaxle to proper level using correct fluids in accordance with the vehicle manufacturer’s guidelines.

e. Reset computer codes

f. Adjust shifter mechanisms

g. After install, change transmission fluid at proper intervals in accordance with vehicle manufacturer’s guidelines.(save receipts/invoices)

****IMPORTANT ON ALL ENGINES AND TRANSMISSIONS: All above mentioned items MUST BE DONE to qualify for our Limited Warranty! Customer must keep all paperwork and receipts for parts and labor detailing that the above steps were performed upon installation. Customer MUST provide dated paperwork proving these items were completed should there be a warranty claim. 

NO PAPER WORK, NO WARRANTY, NO EXCEPTIONS**** 

Transfer Cases – Guaranteed to work properly at the time of purchase. Buyer must replace the following with NEW PARTS: seals and cover gasket, where applicable. 

Radiators and condensers are guaranteed to not to leak at the time of purchase. 

Rear Axle Assemblies – are guaranteed to work properly at the time of purchase, gears are guaranteed to be in good condition at time of purchase, and bearings are guaranteed to be without noise at the time of purchase. 

Starters/Alternators – are guaranteed to work at time of purchase. Buyer’s battery needs to be fully charged and Seller has no responsibility for improper installation, faulty voltage regulator, or poor electrical connections by customer. 

A/C Compressors – Seller requires buyer to install a new receiver dryer, orifice tube, and manufacturer recommended amount of oil. Invoice(s) and related paper work of aforementioned items will need to be provided to cover part if a warranty claim arises. 

Labor Protection – Seller will provide a limited labor warranty (as dictated by the terms of the invoice) from the date of original purchase. Labor reimbursement will be in accordance with the original installation hourly rate and labor hours incurred, not to exceed the rate of $75 per hour (or $1,000 total) and not to exceed the applicable hours scheduled for the work performed as published in the Mitchell Repair Manual or All Data labor specifications. 

Refund or Exchange Policy- You may return a part for a refund or exchange within thirty (30) days from delivery date, provided that the part has not been installed and is returned in the same condition as provided to you. 

Seller DOES NOT refund freight. 

Restocking Charge – every returned part is subject to 25% restocking/handling fee, not to exceed $300 

Limited Liability – Seller has no responsibility for improper installation or usage after time of purchase. Seller is not liable for and purchaser waives all claims for consequential damages which result from the sale of above parts including, but not limited to, labor charges to install or remove the parts, loss of income, wages, salary, or car rental charges. Buyer’s sole remedy against seller shall be a return of the price on the front side of this invoice or an exchange of a replacement part. There are no warranties which extend beyond the description on the face hereof. 

All ECM’s, BCM’s, and similar computer brain box units are sold as is, with NO Warranty available and NO Returns. They have performed in the vehicle of original installation, but have no express or implied guarantee once they leave our facility.

Port City Auto Parts (PCAP) Terms of Service Last Updated: 07/20/2022.

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE

TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN

BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE

CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.

IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE

DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Port City Auto Parts (hereinafter " PCAP"), a company duly organized and validly existing, located at 1720 North 23rd Street, Wilmington, North Carolina 28405. This Agreement annuls and voids all previous agreements.

OVERVIEW

The Site (https://portcityautoparts.com/) is operated by PCAP. Throughout the Site, the terms "we", "us" and "our" refer to PCAP. PCAPoffers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control. Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - GENERAL TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our Site;

2. Change, suspend or discontinue all or any part of our products or Site;

3. Refuse, move, or remove any content that is available on all or any part of our Site;

4. Deactivate or delete your accounts;

5. Establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks

or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site

or any contact on the Site, without express written permission by us. You may 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. PCAP content is not for resale. Use of the Site does not

entitle users 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 PCAP 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 PCAP or our licensors except as expressly authorized by these Terms.

SECTION 2 - CREATING AN ACCOUNT (WHEN SITE HAS FUNCTIONALITY AT A LATER DATE)

Once you create an account with us, you are registered on the PCAP Site. The terms "member," "membership," and "account" all refer to this registration as a member on PCAP's Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PCAP is not responsible for third party access to your account that results from theft or misappropriation of

your account. Notify us immediately if you believe that someone has used your username, email, or password without your

authorization. Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and

completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Port City Auto Parts will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Port City Auto Parts Services, or any portion thereof.

SECTION 3 – CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the PCAP Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content

posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by PCAP. Furthermore, you herein agree not to make use of Port City Auto Parts' Services for the purpose of:

a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

b) causing harm to minors in any manner whatsoever;

c) impersonating any individual or entity, including, but not limited to, any PCAP officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising,

promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;

j) interfering with or disrupting any Port City Auto PartsServices, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;

m) "stalking" or with the intent to otherwise harass another individual; and/or

n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Port City Auto Parts herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.

Port City Auto Parts herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

a) compliance with any legal process;

b) enforcement of the Terms;

c) responding to any claim that therein contained content is in violation of the rights of any third party;

d) responding to requests for customer service; or

e) protecting the rights, property or the personal safety of Port City Auto Parts, its visitors, users and members,

including the general public.

Port City Auto Parts herein reserves the right to include the use of security components that may permit digital information or

material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations

established by Port City Auto Parts or any other content providers supplying content services to Port City Auto Parts. You are

hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that

you:

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in

violation of the U.S. or other applicable export and/or import laws.

SECTION 5 - SUBMITTED CONTENT

Port City Auto Parts shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Port City Auto Parts the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of Port City Auto Parts's

Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Port City Auto Parts's sites, and shall terminate at such time when you elect to discontinue your membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Port City Auto Parts's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Port City Auto Parts's sites and shall terminate at such time when you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible areas of Port City Auto Parts's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed "publicly accessible" areas of Port City Auto Parts's Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and

thus available to members only, would include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

Port City Auto Parts may provide an area for our user and members to contribute feedback to our website. When you submit

ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b) PCAP shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related

to any Contributions;

c) PCAP shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see

fit;

d) the contributor's Contributions shall automatically become the sole property of PCAP; and

e) PCAP is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

SECTION 6 - INDEMNITY

All users and/or members agree to insure and hold Port City Auto Parts, our subsidiaries, affiliates, agents, employees,

officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to,

reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may

submit, post, modify, transmit or otherwise make available through our Services, the use of PCAP Services or your

connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another

person.

SECTION 7 - COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to PCAP's sites.

SECTION 8 - MODIFICATIONS

Port City Auto Parts reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

SECTION 9 – TERMINATION

As a member of https://portcityautoparts.com/, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to .

As a member, you agree that Port City Auto Parts may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities; and/or

g) the nonpayment of any associated fees that may be owed by you in connection with your

https://portcityautoparts.com/ account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with https://portcityautoparts.com/ shall include any and/or all of the following:

a) the removal of any access to all or part of the Services offered within https://portcityautoparts.com/;

b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

c) the barring of any further use of all or part of our Services.

SECTION 10 – LINKS

Either Port City Auto Parts or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Port City Auto Parts shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

SECTION 11 - PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Port City Auto Parts's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Port City Auto Parts or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Port City Auto Parts Services (e.g. Content or Software), in whole or part. Port City Auto Parts hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern

any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Port City Auto Parts for use in accessing our Services.

SECTION 12 - WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF PORT CITY AUTO PARTS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR

SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. PORT CITY

AUTO PARTS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b ) PORT CITY AUTO PARTS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS MAKE NO SUCH WARRANTIES THAT (i) PORT CITY AUTO PARTS SERVICES OR SOFTWARE WILL

MEET YOUR REQUIREMENTS; (ii) PORT CITY AUTO PARTS SERVICES OR SOFTWARE SHALL BE

UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED

FROM THE USE OF THE PORT CITY AUTO PARTS SERVICES OR SOFTWARE WILL BE ACCURATE OR

RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH

MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR

EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF PORT CITY

AUTO PARTS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,

AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND

CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,

DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE

DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY

YOU FROM PORT CITY AUTO PARTS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL

CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE

WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A

COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY

OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY

HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE

TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

SECTION 13 - LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT PORT CITY AUTO PARTS AND OUR

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE

LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY

DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY

PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN

ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SECTION 14 – RELEASE

In the event you have a dispute, you agree to release Port City Auto Parts(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SECTION 15 – NOTICE

Port City Auto Parts may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

SECTION 16 - INTELLECTUAL PROPERTY RIGHTS

You herein acknowledge, understand and agree that all of the Port City Auto Partstrademarks, copyright, trade name, service marks, and other Port City Auto Partslogos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Port City Auto Parts. You herein agree not to display and/or use in any manner the Port City Auto Partslogo or marks without obtaining Port City Auto Parts's prior written consent. Port City Auto Parts will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Port City Auto Parts may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or

other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright

owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The Port City Auto Parts agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Port City Auto Parts

Attn: Copyright Agent

1720 North 23rd Street

Wilmington, North Carolina 28405

Telephone: 9102658888

Email:

SECTION 17 - ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Port City Auto Parts and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Port City Auto Parts Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Port City Auto Parts Services, affiliate Services, third-party content or third-party software.

SECTION 18 - CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Port City Auto Parts with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of North Carolina without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Port City Auto Parts, shall be filed within the courts having jurisdiction within the County of Brunswick, North Carolina or the U.S. District Court located in said state. You and Port City Auto Parts agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

SECTION 19 - WAIVER AND SEVERABILITY OF TERMS

At any time, should Port City Auto Parts fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

SECTION 21 - STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 3 year(s) after said claim or cause of action arose or shall be forever barred.

SECTION 22 – VIOLATIONS

Please report any and all violations of this Agreement to Port City Auto Parts as follows:

Mailing Address:

Port City Auto Parts

1720 North 23rd Street

Wilmington, North Carolina 28405

Telephone: 9102658888

Email:

SECTION 23 - GOVERNMENT REQUESTS

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any informatio