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Terms of Use

General

This website is owned and administered by Atomized Theory, Inc. a New York State corporation. We do business as (DBA) AutoBody101 and hereinafter we shall be referred to as AutoBody101.

By accessing this website or by placing an order with AutoBody101 through any means you accept these terms of use. Please read this agreement carefully before accessing this website. By accessing the website, or by placing an order through any means, you agree to be bound by these Terms and Conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use this website or place an order through any means.

THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES.

This policy was last modified on April 9, 2014

Your use of this website or you placing an order through any means following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.

All the content on this website is Copyright 2003-2013 Atomized Theory, Inc. All rights reserved.

Website Usage Restrictions

You may access and view the content appearing on this website for personal, non-commercial use only! You may download and/or copy portions of the content for personal, non-commercial use only, provided that a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way and c) do not make content available to any third party. AutoBody101 reserves complete title and full intellectual property rights in any content that you download from this website.

You agree to use this website only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this website; and iii) conducting any type of fraudulent activity.

Links to Third Party websites

When you access another website through this one, AutoBody101 is not able to accept responsibility for your experience with the other website. Links to other websites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

Communications with AutoBody101

We welcome your comments regarding this website. However; comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to AutoBody101 will be treated as non-confidential and non-proprietary. All communications to AutoBody101 become the exclusive property of AutoBody101 and you agree that by transmitting any communication you relinquish all rights and interests in same. AutoBody101 shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. AutoBody101 shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore; AutoBody101 discourages you from transmitting information that you do not wish to assign to AutoBody101, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that AutoBody101 may copy all or part of your communication in any response(s) it makes to you.

Proprietary Rights

All product names, logos, trademarks, as well as other marks and trade names on this website are the properties of Atomized Theory, Inc., or their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.

The entire contents of this website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by AutoBody101 or a AutoBody101 affiliate or by third parties who have licensed their rights to AutoBody101. All content is copyrighted as a collective work under the U.S. and international copyright laws and AutoBody101 owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, re-post, or re-host (for example but not limited to HTTP "iframe" or similar) the Content in any manner or sell or attempt to sell the Content. You may link to any page of this website by using normal HTTP "href" or similar linking technology. You may not "hot link" image files for use in your own website; doing so will be considered theft of services and will be prosecuted as such.

Accuracy and Content

Due to the risk that the information may be compromised by software or procedural errors, AutoBody101 does not guarantee the accuracy or completeness of the information provided on this website or in any AutoBody101 catalog or advertisement. AutoBody101 reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice.

AutoBody101 does not warrant the accuracy, integrity or completeness of the content provided in this website or in any AutoBody101 catalog or advertisement, including any advice or other similar information obtained by you from us though this website or in any AutoBody101 catalog or advertisement. AutoBody101 makes no representation that the content provided in this website or in any AutoBody101 catalog or advertisement is applicable or appropriate for use in locations outside the United States.

No Warranties; Limitation of Liability for website, or any type of advertisement

In no event shall AutoBody101, its Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this website, AutoBody101 catalog or any type of AutoBody101 advertisement or any content on this website, AutoBody101 catalog or any type of AutoBody101 advertisement, even if AutoBody101 or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this website, AutoBody101 catalog or any type of AutoBody101 advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this website, AutoBody101 catalog or any type of AutoBody101 advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then AutoBody101’s total liability to you shall in no event exceed one hundred United States dollars (US $100.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No Warranties; Limitation of Liability for Merchandise

All merchandise listed in this website, AutoBody101 catalog or any type of AutoBody101 advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. AutoBody101 disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.

AutoBody101 disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages are expressly disclaimed. AutoBody101's liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.

Personal Account

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Privacy Policy

We take your privacy very seriously. Please click here to read our privacy policy, which is hereby incorporated with and considered part of these Terms of Use.

Shipping - Risk of Loss

All items purchased from AutoBody101 are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. AutoBody101 is not responsible or liable for any damage arising from shipment.

Return Policy

AutoBody101 retains the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled. AutoBody101 thus encourages customers to use caution when placing an order, as once placed the order can not be cancelled, nor the item returned or exchanged unless AutoBody101 expressly consents.

In order to obtain a refund or exchange, prior approval must be given by AutoBody101. Please click here to contact us for return authorization.

Generally, AutoBody101 will consider returns within thirty (30) days of purchase. Refunds are for the cost of product only; shipping and handling charges are not refundable.

Due to their product nature, AutoBody101 can not accept returns of educational DVDs, or any tools have have been used and are not resalable in "as new" condition.

AutoBody101 can not accept returns of "direct shipped" or "drop shipped" items. These items are clearly marked as such on the product purchase and shopping cart pages.

At AutoBody101's sole discretion, AutoBody101 may impose a fifteen percent (15%) restocking fee on items returned.

You may click here to contact us regarding returning a product.

Severability

These Terms and Conditions constitute the entire agreement between you and AutoBody101 with respect to this website, AutoBody101 catalog or any type of AutoBody101 advertisement. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and AutoBody101 with respect to this website, AutoBody101 catalog or any type of AutoBody101 advertisement. No modification of these Terms and Conditions shall be effective unless it is authorized in writing by AutoBody101. If any provision of these Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that Term or Condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Term or Condition.

Choice of Law

By use of this website, AutoBody101 catalog or any type of AutoBody101 advertisement, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and AutoBody101 or its affiliates.

Sales and Use Tax

AutoBody101 Tool collects sales tax in NY. This notice is for customers who take delivery of merchandise in other states.

  • AutoBody101 Tool does not collect sales or use tax in other states.
  • Purchases are subject to use tax in other states unless exempt from taxation in those other states.
  • The purchase is not exempt merely because it is made over the Internet or by Catalog.
  • Other states will require customers to report their purchases that were not taxed and pay use tax on those purchases. Customers should check their state's reporting requirements for tax forms to be used for this purpose.