BIMMERS.com’s Terms and Conditions of Use

The use of BIMMERS.com is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site signifies your acceptance of the terms and conditions set forth below. Your order placed on this site signifies your acceptance of the terms and conditions set forth below.

BIMMERS.com supports freedom of speech, both on and off the Internet. However, the goal of this Web site is to provide access to the widest selection of merchandise to the largest group of people possible. To ensure a safe, non-offensive environment for all of our users, we have established our Terms of Use and Service. It spells out what you can expect from us and what we expect from you. By accessing any areas of BIMMERS.com, users (Users) agree to be legally bound and to abide by the terms set forth below. Any references herein to BIMMERS.com shall be deemed to refer to as applicable under the circumstances.

I. TRADEMARKS
BIMMERS.com is a service mark. All rights reserved. These and other BIMMERS.com graphics, logs and service marks and trademarks may not be used without prior written consent. All other trademarks, product names, and company names and logos appearing on BIMMERS.com the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of BIMMERS.com is at User’s sole risk. Neither BIMMERS.com nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that BIMMERS.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of BIMMERS.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through BIMMERS.com .

THIS SITE IS PROVIDED BY BIMMERS.com ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR GENERAL INFORMATION ONLY. BIMMERS.com DO NOT MAKE AND HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ASTO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS,INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIMMERS.com DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE FROM VIRUSES OROTHER HARMFUL ELEMENTS. BIMMERS.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BIMMERS.com OR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THELIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

User acknowledges that in connection with the Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of BIMMERS.com and its suppliers. Accordingly, BIMMERS.com assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted

Under no circumstance shall BIMMERS.com or any other party involved in creating, producing, or distributing BIMMERS.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use BIMMERS.com, including but not limited to reliance by User on any information obtained from BIMMERS.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access BIMMERS.com’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through BIMMERS.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

BIMMERS.com makes no express warranty of any kind with respect to the product sold at BIMMERS.com. The use of any sample or model during the negotiations leading to the sale serves merely to indicate a type of goods that will be tendered to the User. These samples or models create no warranty that the goods will conform to the samples or models.

III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that BIMMERS.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and BIMMERS.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither BIMMERS.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. By submitting communications or content to any part of this Website, User agrees that such submission is non-confidential for all purposes. Incompliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to BIMMERS.com at the following email address: info@BIMMERS.com. By submitting Content to any area of this Website, including without limitation any product review, user automatically grants, or warrants, that the owner of such Content has expressly granted BIMMERS.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or here after developed for the full term of any copyright that may exist in such Content.

C. THIRD-PARTY CONTENT
The Content of this Website, such as text, graphics, images, information obtained from BIMMERS.com manufacturers, suppliers and other entities, and other material is for informational purposes only. Any information furnished on this Website is not intended nor implied to be automotive advice and is not intended to replace personal consultation with a qualified automotive service technician, mechanic or similar automotive professional.

BIMMERS.com and have not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. BIMMERS.com does not endorse any specific tests, products, procedures, opinions, or other information that maybe mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL BIMMERS.com, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT,INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.

Certain automotive content displayed within this web site, Copyright DataOne Software is protected under the United States and International copyright law. Any any unauthorized use, reproduction, distribution, recording or modification of this content is strickly prohibited.

D. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from BIMMERS.com to either a foreign national or a foreign destination in violation of such laws.

E. PRODUCT & PRICING INFORMATION
BIMMERS.com’s acknowledgement of an order means that your order request has been received, however, it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Although BIMMERS.com has made every effort to display and describe products, services and colors as accurately as possible on the Site, there still may be products, services or colors on the Site that are mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other Sites. Products displayed may be out-of-stock or discontinued, and prices are subject to change.

Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. BIMMERS.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). BIMMERS.com is not responsible for typographical errors, inaccuracies, or omissions regarding price or any other matter. We apologize for any inconvenience.

IV. ONLINE CONDUCT
User agrees to use BIMMERS.com only for lawful purposes. User is prohibited from posting on or transmitting through BIMMERS.com any communications or content of any type that infringes or violates any rights of any party. By submitting communications or content to any part of BIMMERS.com, User agrees that such submission is non-confidential for all purposes. BIMMERS.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, BIMMERS.com, or any rights of BIMMERS.com, or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither BIMMERS.com, nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither BIMMERS.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on BIMMERS.com.

Violations of system or network security may result in civil and/or criminal liability. BIMMERS.com will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

Accessing data not intended for you or logging on to an BIMMERS.com’s server or account, which you are not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site.
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site.
V. PRIVACY POLICY
In accordance with the terms of BIMMERS.com Privacy Policy, BIMMERS.com respects the privacy of its Users. To view our Privacy Policy, click here

VI. TERMINATION OF USAGE & ORDERING
A. TERMINATION
BIMMERS.com may terminate User’s access, or suspend User’s access to all or part of BIMMERS.com, without notice, for any conduct that BIMMERS.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or BIMMERS.com.

BIMMERS.com reserves the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. BIMMERS.com further reserves the right to cease doing business with customers who violate this policy. BIMMERS.com may modify this policy at any time without prior notice. This policy applies to all purchases, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales, and through our catalogs and websites.

B. FRAUD
All orders are subject to verification and acceptance before shipping by BIMMERS.com. All billing information provided must be truthful and accurate. Providing untruthful or inaccurate information constitutes a breach of the Site policies and may result in the cancellation of your order. Prior to accepting an order, BIMMERS.com reserves the right to request any additional information from you to verify your identity and validate your billing and shipping information to process your order.

BIMMERS.com reserves the right to refuse to accept or process any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. BIMMERS.com may also refuse any orders connected with a previous credit card dispute or orders from customers with whom BIMMERS.com has or had an ongoing legal dispute or a previous violation of the Site’s policies. These measures are taken to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

BIMMERS.com reserves the right to cancel or deny an order for any reason.

VII. USAGE BY CHILDREN UNDER 13
BIMMERS.com cannot prohibit minors from visiting this site. BIMMERS.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

BIMMERS.com requires that all purchases be made either: (i) by individuals 13 years of age or older, or(ii) by minors under 13, through a BIMMERS.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACHTIME YOU PURCHASE A PRODUCT AT BIMMERS.com,YOU ARE REPRESENTING TO BIMMERS.com THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A BIMMERS.comAUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANSTO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

VIII. RISK OF LOSS
For all domestic transactions, unless otherwise stated on the front of the invoice, title to, and all risk of loss or damage with respect to the products shall pass to User upon delivery by BIMMERS.com to the carrier or User’s representative at BIMMERS.com’s warehouse or plant.

For all international transactions, the product shall be sold on a delivered, insurance paid, duty, and international freight unpaid basis. BIMMERS.com assumes no responsibility for charges attendant to Customs clearance in the country of delivery, customs duty, VAT, or any other charges or taxes within the country designated for delivery by the User. Title and risk of loss shall pass to the User upon delivery to the port designated by the User and prior to Customs clearance.

Risk of loss of the products shall remain with User after delivery of the goods to the User and during the return of any unwanted goods by User to BIMMERS.com.

IX. APPLICABLE LAW
This site is created and controlled by BIMMERS.com in the State of Tennessee. As such, the laws of the State of Tennessee will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. BIMMERS.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Tennessee and of the United States of America located in the State of Tennessee for any litigation arising out of or relating to use of or purchase made through BIMMERS.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Tennessee and agrees not to plead or claim in any court of the State of Tennessee that such litigation brought there in has been brought in an inconvenient forum.

X. SEVERABILITY
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XI. ACKNOWLEDGMENT
The Terms and Conditions of Use, including all documents referenced herein, represents the entire understanding between you and BIMMERS.com regarding your relationship with BIMMERS.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE by using the BIMMERS.com Website. The aforementioned Terms and Conditions of Use are subject to change at any time without notice to you.

XII. SURVIVAL
The following provisions of these Terms and Conditions of Use shall survive the expiration or termination of these Terms and Conditions of Use: Disclaimers and Limitation of Liability, Content, Risk of Loss, Applicable Law, Severability, Acknowledgment, Survival, Indemnification, and Complete Agreement.

XIII. WAIVER
Any waiver of any of these Terms and Conditions of Use shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.

XIV.INDEMNIFICATION
In consideration of BIMMERS.com allowing User to visit and use the BIMMERS.com website, User agrees to defend, indemnify and hold harmless the BIMMERS.com, its member companies, and their divisions, subsidiaries, parents, affiliates, partners, chains, and their respective past, present and future officers, directors, stockholders, trustees, employees, agents, insurers, servants, managers, estates, predecessors and/or successors in interest, representatives, assigns, attorneys and all other persons, firms, or corporations with whom any of the forgoing may have been, are now, or may thereafter be affiliated (collectively “Releases”), from any and all claims, charges, injuries (including, but not limited to, death), actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages (including special, general, incidental, consequential, or other damages), judgments, agreements, promises, demands, claims for fees and costs, or liabilities whatsoever, in law or equity, arising out of or relating to User’s use (lawful or unlawful) of the BIMMERS.com website or the Content, User’s breach of any of the Terms and Conditions of Use set out herein, User’s use of any linked websites reached through BIMMERS.com, User’s inability to access the BIMMERS.com website for any reason, User’s reliance on any errors or omissions on the BIMMERS.com website, or User’s contraction of computer viruses of any nature obtained through your use of the BIMMERS.com website or any website accessed through the BIMMERS.com website. User agrees to defend, indemnify and hold BIMMERS.com, their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from User’s breach of these Terms and Conditions of Use or User’s unauthorized or unlawful use of this Website or the Content.

XV. COMPLETE AGREEMENT
These Terms and Conditions of Use contain the entire agreement between User and BIMMERS.com relating to User’s use of this Website.