About PCAP
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!
Large Inventory
We keep a large inventory of used parts to insure we can assist you in your venture to purchase replacement OEM parts with breaking the bank!
Fast Shipping
We know when you order a part for your vehicle, you need it fast! Our parts are typically on their way within 2-3 business days!
Port City Auto Parts Terms and Conditions + Warranty Checklist
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 paperwork, 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 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.
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.
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 the 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
Have TCM programmed where applicable.
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 four (4) 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 parts
are sold “AS IS” as indicated on the front of the invoice or in website 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
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, turbos/superchargers, 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
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.
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.
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 the 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 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 PAPERWORK, 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. Must install proper fluid recommended by the manufacturer at
proper levels.
Rear Axle/Front carrier 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.
Refund or Exchange Policy-
Returns and exchanges will be honored within ninety (90) days from delivery date, provided that the part has not been
installed and is returned in the same condition as provided to you. You may return a part in exchange for a similar part, if one is not available, we will then offer a cash refund if all other parameters are met in accordance with our return policy.
Seller DOES NOT refund freight.
Restocking Charge – every returned part is subject to 25%
restocking/handling fee, not to exceed $500
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, Modules, 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.
All body panels, interior pieces, wheels, headlamps, and tail lamps are sold as
is, with NO warranty and NO returns.
Port City Auto Parts (PCAP) Terms of Service Last Updated: 03/30/2023.
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. PCAP offers 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