PrivacyPolicy

Certified Automotive Parts Association (“CAPA”, “we”, or “us”) created the CAPA Certified Parts app as a free app. This service is provided by CAPA at no cost and is intended for use as-is.

This page is used to inform Google Play Store and Apple App Store visitors regarding CAPA’s policies regarding the collection, use, and disclosure of personal information if anyone decides to use our service (“Privacy Policy”). This Privacy Policy shall apply to and is fully binding upon any individual (“you”, or “your”) using our service or app. Your downloading and/or use shall signify your assent to and acceptance of this Policy.

If you choose to use our service, then you acknowledge and agree to the collection and use of information under this Policy. The personal information that we collect is used for providing and improving our service. We will not use or share your information with any third parties except as described in this Privacy Policy.

Information Collection and Use

For a better experience while using our service, we may require you to provide us with certain personally identifiable information, including, but not limited to your name, email, phone number, location, and/or photos (“PII”). The PII that we request is retained on your device and will be retained by us and used as described in this Privacy Policy. We collect personal information about you for a number of reasons, including communicating with you, responding to requests for information, and to administer our services.

Log Data

We want to inform you that whenever you use our service, in case of an error in the app, we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your devices’ Internet Protocol (“IP”) address, device name, operating system version, configuration of the app when utilizing our service, the time and date of your use of the service, and other statistics in our reasonable discretion.

Security

We value your trust in providing us with your PII, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security, nor will we be liable for its unauthorized disclosure. You assume the sole and complete risk for using this service and app.

Children’s Privacy

The services do not address anyone under the age of 13. We do not knowingly collect PII from children under 13. In the event we discover that a child under 13 has provided us with PII, we will immediately delete the PII from our servers. If you are a parent or guardian and you are aware that your child has provided us with PII, please contact us at your earliest convenience so that we will be able to take the necessary actions.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time without notice to our users. Thus, you are advised to review this page periodically for any updates, changes and/or modifications. These changes are effective immediately, after posted on this page.

Intellectual Property Rights

All material contained on this app, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, CAPA does not grant any express or implied right to you. The contents of this App are Copyright © 2019 CAPA. CAPA, and all other names, logos, and icons identifying CAPA and its services are proprietary marks of CAPA. All other product names, company names and other marks are trademarks of their respective owners. Nothing in this Policy grants you any right to use any trademark, service mark, logo, and/or trade name of CAPA.

Disclaimer of Warranty

Use of this service and app is entirely at your own risk and is subject to all applicable state, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CAPA OR ITS AFFILIATES, EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES WHETHER OR NOT CAPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE APP; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE APP; (C) ANY BREACHES OF SECURITY INVOLVING THE APP OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE APP; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE APP. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Remedies

If you are dissatisfied with the app, or with the Privacy Policy, your sole and exclusive remedy is to not use (or to discontinue your use of) the app. You acknowledge and agree that your use is at your sole risk.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CAPA, AND ANY OF ITS EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, PENALTIES, SETTLEMENTS, JUDGMENTS, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM (A) YOUR USE OF THE APP; (B) YOUR VIOLATION OF THIS POLICY; AND (C) ANY VIOLATION OR FAILURE BY YOU TO COMPLY WITH ALL LAWS AND REGULATIONS IN CONNECTION WITH THE APP.

THIRD PARTY INFORMATION

CERTAIN INFORMATION FROM THIRD PARTIES PROVIDERS PROVIDING INFORMATION RELATING TO THE SERVICES MAY BE MADE AVAILABLE ON OR THROUGH LINKS FROM THIS APP. SUCH INFORMATION IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CAPA MAKES NO REPRESENTATION ABOUT, NOR DOES CAPA GUARANTEE OR ENDORSE THE RELIABILITY OF THE INFORMATION. LIKEWISE, CAPA DOES NOT ENDORSE, OPPOSE OR EDIT ANY OPINION OR ANALYSIS EXPRESSED BY ANY THIRD PARTY INFORMATION PROVIDER.

THIRD PARTY WEB SITES

CAPA MAY PROVIDE LINKS, IN ITS SOLE DISCRETION, TO OTHER SITES ON THE WORLD WIDE WEB FOR YOUR CONVENIENCE IN LOCATING RELATED INFORMATION AND SERVICES. THESE SITES HAVE NOT NECESSARILY BEEN REVIEWED BY CAPA AND ARE MAINTAINED BY THIRD PARTIES OVER WHICH CAPA EXERCISES NO CONTROL.

CAPA MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD PARTY SITE.

CAPA DOES NOT ENDORSE, AND SHALL NOT BE LIABLE IN CONNECTION WITH, THE CONTENT, THE ACCURACY OF THE INFORMATION, AND/OR QUALITY OF PRODUCTS OR SERVICES PROVIDED BY OR ADVERTISED ON THESE THIRD-PARTY WEB SITES. USE OF THIRD PARTY SITES IS AT YOUR OWN RISK.

TERMINATION OF ACCOUNT

CAPA RESERVES THE RIGHT IN ITS SOLE DISCRETION TO TERMINATE YOUR ACCESS TO ALL OR A PORTION OF THE SERVICES AND APP AT ANY TIME WITHOUT NOTICE.

WAIVER AND RELEASE

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE AND HEREBY AND FOREVER WAIVE AND RELEASE CAPA, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AGENTS, AND OTHERS ACTING ON ITS BEHALF OR AT ITS DISCRETION FROM ANY AND ALL ACTIONS, CLAIMS, AND DEMANDS, OF ANY KIND WHATSOEVER, ARISING OUT OF OR RELATING TO THIS AGREEMENT.

CHOICE OF LAW

THIS POLICY AND ANY ACTION SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE STATE OF DELAWARE AND CONTROLLING U.S. FEDERAL LAW. NO CHOICE OF LAW RULES OF ANY JURISDICTION WILL APPLY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL OR STATE COURTS IN THE STATE OF DELAWARE, FOR ANY LITIGATION ARISING OUT OF OR RELATING TO THE USE OF THE APP, WAIVE ANY OBJECTION TO THE VENUE OF ANY SUCH LITIGATION IN THE FEDERAL OR STATE COURTS IN THE STATE OF DELAWARE AND AGREE NOT TO PLEAD OR CLAIM IN ANY STATE OF DELAWARE COURT THAT SUCH LITIGATION BROUGHT THEREIN HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.