1A Auto Terms of Use
1A Auto, Inc.
1A Auto, Inc. ("1A Auto," "we," or "us") provides and maintains this website (the "Website") to offer information about 1A Auto, its products, and its services. By accessing or using the Website, you acknowledge and agree to be bound by these Terms of Use (this "Agreement"). We reserve the right to update or modify this Agreement at any time by posting a revised version on the Website. Changes take effect immediately upon posting unless otherwise stated. PLEASE REVIEW THESE TERMS REGULARLY. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE WEBSITE.
1. Registration for Online Store; Online Purchases
To purchase products through the online store section of the Website (the "Online Store"), you may be required to create a 1A Auto account by providing current, complete, and accurate information as prompted by the online registration form. You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately of any unauthorized use of your 1A Auto account or any other breach of security. 1A Auto is not liable for any loss or damage arising from your failure to safeguard your account credentials.
By making a purchase through our Online Store, you authorize us or our third-party payment processor to charge your selected payment method for the total amount due, including product costs, applicable taxes, shipping, and other fees. You are responsible for ensuring timely payment and for providing accurate billing information, including your name, billing address, and payment details. All transactions are processed in U.S. dollars.
If you choose to complete a purchase using a third-party payment processor, the terms and conditions of that processor will govern your payment transaction. 1A Auto is not responsible for any errors, fees, or issues arising from third-party payment processing services. We reserve the right to refuse or cancel any order, limit order quantities, and verify customer identity before completing a transaction.
Fraud Prevention & Unauthorized Transactions: 1A Auto may implement fraud prevention measures, including order verification and transaction monitoring. We reserve the right to refuse or cancel any order suspected of fraudulent activity. If unauthorized charges are detected on your account, you must notify your payment provider immediately.
Product Availability & Pricing: Product listings on the Online Store are subject to availability. Prices, descriptions, and specifications are subject to change without prior notice. In the event of a pricing or typographical error, we reserve the right to cancel or refuse orders placed for incorrectly priced products.
Order Acceptance & Cancellation: Your receipt of an order confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to inaccuracies in product descriptions, errors in pricing, or suspected fraudulent activity. If your order is canceled, we will notify you and issue a refund for any payments received.
Do we notify customers if an order is cancelled by us?
Returns & Refunds: Purchases made through the Online Store are subject to our return and refund policies, which are available on our Website. By making a purchase, you agree to the terms of our return policy, including any applicable restocking fees or return conditions.
By using the Online Store, you agree to comply with all applicable laws and regulations governing online purchases and e-commerce transactions.
2. Intellectual Property Ownership; Conditions on Use
All text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, and other content on the Website, including any user-generated submissions (collectively, the "Site Content"), are proprietary to 1A Auto or third-party licensors and are protected by applicable intellectual property laws, including but not limited to copyright, trademark, and trade secret laws.
1A Auto grants you a limited, revocable, non-exclusive, non-transferable license to view, download, and print the Site Content solely for your personal, non-commercial use, provided that you do not remove any copyright, trademark, or other proprietary notices affixed to the Site Content. Any other use of the Site Content, including but not limited to modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing, or exploiting the Site Content, in whole or in part, without the prior written consent of 1A Auto, is strictly prohibited. Unauthorized use of the Site Content may result in legal liability under applicable copyright, trademark, and other laws.
All software used on the Website, including but not limited to any proprietary code, applications, and tools, is the property of 1A Auto or its third-party licensors. You may not copy, modify, distribute, sell, decompile, reverse engineer, disassemble, translate, or otherwise reduce the software to a human-readable form or exploit it in any way not expressly permitted by 1A Auto. Any unauthorized use of such software is strictly prohibited and may result in legal action.
The mark 1A AUTO®, along with any related marks, logos, and trade dress, are registered or unregistered trademarks of 1A Auto. These marks may not be used in connection with any goods or services that are not provided by 1A Auto, in any manner likely to cause confusion among consumers, or in any way that disparages or discredits 1A Auto. Unauthorized use of these trademarks is strictly prohibited and may violate trademark laws.
You agree that your use of the Website and its content must comply with all applicable intellectual property laws, including but not limited to:
- Copyright laws (17 U.S.C. § 101 et seq.), which protect the original works of authorship contained on the Website;
- Trademark laws, including the Lanham Act (15 U.S.C. § 1051 et seq.), which govern the use and protection of trademarks, service marks, and trade dress;
- Trade secret laws, such as the Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.), which safeguard proprietary and confidential business information from unauthorized use or disclosure.
Additionally, you must adhere to any relevant state, federal, and international regulations governing online content, digital communications, and data usage. You are solely responsible for ensuring compliance with these laws and for any violations thereof. Any breach of these provisions may result in the immediate termination of your access to the Website and potential legal consequences, including monetary damages or injunctive relief.
3. Ideas Submitted to 1A Auto
If you submit any ideas, suggestions, proposals, feedback, or other materials to 1A Auto regarding the Website, Site Content, or any 1A Auto products or services, including but not limited to submissions related to improvements, modifications, marketing strategies, or new product ideas (collectively, “Submissions”), such Submissions shall be deemed, and shall remain, the sole and exclusive property of 1A Auto.
By submitting any Submissions to 1A Auto, whether through the Website, email, social media, or any other communication channel, you agree that such Submissions are provided on a non-confidential and non-proprietary basis. 1A Auto shall have no obligation to maintain the confidentiality of any Submissions, nor shall 1A Auto be liable for any disclosure, use, or loss of such Submissions.
Without limiting the foregoing, you acknowledge and agree that 1A Auto shall have the unrestricted, worldwide, irrevocable, perpetual, sublicensable, and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display the Submissions for any purpose, commercial or otherwise, in any media now known or hereafter developed, without any obligation to compensate you or any third party.
To the extent that applicable law does not permit such a broad assignment of rights, you grant 1A Auto a non-exclusive, transferable, royalty-free, worldwide license to use and exploit the Submissions in any manner. You further represent and warrant that you own or otherwise control all rights to the Submissions and that their use by 1A Auto will not violate any third-party rights, including intellectual property rights or applicable laws.
You hereby waive any moral rights or claims against 1A Auto for any alleged or actual infringements or misappropriations of any proprietary rights in connection with 1A Auto’s use of the Submissions. If requested, you agree to execute any documents necessary to effectuate the transfer of rights in accordance with this section.
4. Links to Third-Party Websites
The Website may contain links to third-party websites. Any linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by 1A Auto. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
5. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
1A AUTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE PROVIDED "AS-IS" AND WITH ALL FAULTS, AND 1A AUTO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (I) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (II) THAT THE WEBSITE OR ANY SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; (III) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY SITE CONTENT; AND (IV) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY SITE CONTENT.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM 1A AUTO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR ANY SITE CONTENT, EVEN IF 1A AUTO HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN DAMAGES, INCLUDING DAMAGES CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. IN SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE LAWFULLY EXCLUDED OR LIMITED.
6. Privacy Policy
1A Auto operates the website in accordance with its Privacy Policy, which is available at https://www.1aauto.com/customer_service/privacy_statement. We strongly encourage you to review this policy to understand how we collect, use, and protect your personal information. As privacy regulations may change, you should check this policy periodically for updates to ensure you remain informed of any changes in our practices.
By using the website, you consent to the collection, use, processing, and disclosure of your information in accordance with our Privacy Policy. If you do not agree with any of the terms in the Privacy Policy, you should immediately discontinue use of the website. 1A Auto reserves the right to update or modify the Privacy Policy at any time without prior notice, except where required by law. Continued use of the website after any changes to the Privacy Policy constitutes acceptance of such changes.
7. Applicable Law; Jurisdiction
You and 1A Auto agree that this Agreement, and all disputes arising from or relating to the website, site content, or this Agreement, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflicts of law principles that would require the application of another jurisdiction’s laws.
You hereby consent to the non-exclusive jurisdiction and venue of any federal or state court located within the Commonwealth of Massachusetts for the resolution of any suit, claim, or cause of action arising from or relating to the website, site content, or this Agreement. You further agree not to initiate or bring any such suit, claim, or cause of action except in a court located within the Commonwealth of Massachusetts.
Nothing in this section shall prevent 1A Auto from seeking injunctive or equitable relief in any jurisdiction where such relief is necessary to protect its rights or interests.
8. Modifications
1A Auto reserves the right to modify this Agreement, any aspects of the website or site content, or its policies at any time, with or without notice to you. Your continued use of the website after any such modifications constitutes your acceptance of the revised terms. It is your responsibility to regularly review the current version of this Agreement and other 1A Auto policies before using the website.
9. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you believe that any content on our website infringes your copyright, you may submit a notice to our Designated Agent at:
1A Auto Inc.
ATTN: Legal Department
547 Amherst Street, Suite 200
Nashua, NH 03063
Email: DMCA@1aauto.com
Your notice must include the following:
(a) An electronic or physical signature of the copyright owner or the person authorized to act on their behalf; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the allegedly infringing material is located on the website, with sufficient detail to enable us to find it; (d) Your address, telephone number, and email address; (e) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Counter Notices
If you believe that your content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notice pursuant to 17 U.S.C. §512(g). To be valid, a counter-notice must include:
(i) Your physical or electronic signature; (ii) Identification of the material that was removed or disabled and the location where it appeared before its removal or disabling; (iii) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (iv) Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if outside the United States, for any judicial district in which 1A Auto may be found, and that you will accept service of process from the party who submitted the original copyright infringement claim or an agent of such party.
Upon receipt of a valid counter-notice, we may restore the removed content unless the original complaining party files a court action seeking to restrain the allegedly infringing activity.
Repeat Infringers
It is our policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers or who repeatedly violate this Agreement. We reserve the right to determine, at our sole discretion, whether a user qualifies as a repeat infringer. We may also take other actions, including limiting access to our services or removing content, as deemed necessary to comply with copyright laws and protect intellectual property rights.
10. Miscellaneous Provisions
We reserve the right to suspend or terminate your 1A Auto account at any time, with or without cause, including if we believe you are in breach of this Agreement or if your account remains inactive for an extended period.
Headings in this Agreement are provided for convenience only and shall not affect the interpretation of any provision. Unless explicitly stated otherwise, the terms "include," "includes," and "including" shall be interpreted as non-exhaustive, and "or" shall not be deemed exclusive.
No waiver by 1A Auto of any provision or right under this Agreement shall be deemed a waiver of any other provision or right, nor shall any failure or delay in enforcing any provision be construed as a waiver of future enforcement. Any waiver must be in writing and signed by an authorized representative of 1A Auto.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified or replaced to best reflect the original intent of the parties in a manner that complies with applicable law.
This Agreement constitutes the entire agreement between you and 1A Auto regarding the subject matter hereof and supersedes any prior agreements, discussions, or representations, whether written or oral. Except as expressly stated herein, this Agreement may only be modified in a written document signed by an authorized representative of 1A Auto.
You may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without prior written consent from 1A Auto. Any purported assignment or delegation without such consent shall be null and void. 1A Auto may freely assign, transfer, or delegate its rights and obligations under this Agreement without restriction.
This Terms of Use shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
You agree that this Agreement, in electronic form, constitutes a legally binding contract, and your use of the website signifies your assent to its terms. Your acceptance of this Agreement constitutes a "signing" for all applicable legal purposes.
Effective Date: 1/28/2021
Revised on: 4/29/2025
