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Terms & Conditions

Legal Terms and Conditions for the O'Reilly Pro Website and App

Last Updated Date: August 22, 2024

Legal

The following constitutes a legal and binding agreement between you and O'Reilly Automotive Stores, Inc., together with its parent, affiliate, and subsidiary entities, predecessors, successors and assigns, and all of its present and former officers, directors, agents, employees, partners and shareholders and each of them (collectively, "O'Reilly"), which is the operator and owner of the O'Reilly Pro website (the "Site"), now also known as O'Reilly for the Professional and O'Reilly Pro, accessible via firstcallonline.com and oreillypro.com, and the O'Reilly Pro app (the "App"), available on the Apple App Store and Google Play Store. By your use of the Site or the App, you acknowledge the following terms and conditions of use ("Terms and Conditions") and agree to be bound by them.

First Call®, First Call Online®, O'Reilly®, O'Reilly for the Professional®, and O'Reilly Pro® are federally registered and protected trademarks of O'Reilly Automotive Stores, Inc., a Missouri Corporation, headquartered in Springfield, Missouri, USA. All rights reserved.

Updates and Changes to the Site and App

O'Reilly may from time to time in its sole discretion without prior written notice at any time, make changes, or develop and provide updates to the Site and/or the App, which may include upgrades, bug fixes, patches, and other error corrections and/or new features. Updates may also modify or delete certain features and functionalities. You agree that O'Reilly has no obligation to provide any updates or to continue to provide or enable any particular features or functionalities. You further agree that all updates will be deemed part of the Site and/or App and be subject to these Terms and Conditions. Any changes to the Terms and Conditions will be in effect as of the “Last Updated Date” referenced on the Site or App. Your continued use of the Site or App after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

Access to the Site and App

To access the Site, the App, or some of the resources they offer, you may be asked to provide certain information. It is a condition of your use of the Site and App that all information you provide will be correct, current, and complete. If O'Reilly believes the information you provide is not correct, current, or complete, O'Reilly has the right to refuse you access to the Site, App, or any of its resources, and to terminate or suspend your access at any time.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, available at https://www.oreillypro.com/FirstCallOnline/legal/policy/index.html, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site and App.

License to Use the App

Subject to your compliance with these Terms and Conditions, O'Reilly grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control.

User Responsibilities

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify O'Reilly immediately of any unauthorized use of your account or password, or any other breach of security.

App Store Terms

Your use of the App must comply with the applicable terms of service of the app store from which you downloaded the App (e.g., Apple App Store, Google Play Store).

Mobile Data Charges

When you use the App, your wireless service carrier’s standard charges, data rates, and other fees may apply. You are solely responsible for all such charges, rates, and fees.

Permissions and Access

The App may request access to certain features on your mobile device, such as the camera, location services, contacts, or other features. Your consent will be requested before such access is granted. Denying access may limit the functionality of the App.

Third-Party Services

The App may integrate with or link to third-party services, such as payment processors or social media platforms. Your use of these third-party services is subject to their respective terms of use and privacy policies. O'Reilly is not responsible for the practices, content, or functionality of these third-party services.

App-Specific Dispute Resolution

Any disputes arising from the use of the App will be resolved in accordance with the dispute resolution terms outlined in this document. However, specific app-related disputes may have unique procedures or venues for resolution, which will be communicated to you as necessary.

Proprietary Information

The material and content accessible from the Site, App, and any other website owned, operated, licensed, or otherwise controlled by O'Reilly (the content) is the proprietary information of O'Reilly or the party that provided or licensed the content to O'Reilly, whereby such providing party retains all rights, title, and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of O'Reilly, except that you may print out a copy of the content solely for uses expressly authorized by O'Reilly. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these Terms and Conditions is a violation of O'Reilly's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site or App.

Hyperlinks

The Site and App may be hyperlinked to other websites that are not maintained by or related to O'Reilly. Hyperlinks to such websites are provided as a service to users and are not sponsored by or affiliated with the Site, App, or O'Reilly. O'Reilly has not reviewed any or all of such websites and is not responsible for the content of those linked websites. Hyperlinks are to be accessed at the user's own risk and O'Reilly makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the websites hyperlinked to the Site or App. O'Reilly provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party website does not necessarily imply endorsement by O'Reilly of that website or any association with its operators.

Use of Communication Services

The O'Reilly website and App may contain forums, bulletin board services, chat areas, message boards, news groups, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, Communications Services). You agree to use the communication services only to post, send, and receive messages and content that are proper and related to the particular communication service.

Among other things, you agree that you will not post, send, submit, publish, or transmit in connection with the Site or App any material that:

  • You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  • Advocates illegal activity or discusses an intent to commit an illegal act;
  • Is vulgar, obscene, pornographic, or indecent;
  • Does not pertain directly to the Site or App;
  • Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
  • Seeks to exploit or harm children by exposing them to inappropriate content;
  • Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • Violates any law or may be considered to violate any law;
  • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • Falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations.

O'Reilly reserves the rights to monitor use of the Site and App to determine compliance with the Terms and Conditions, as well as the right to remove or refuse any information for any reason. O'Reilly reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. O'Reilly also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulations, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at its sole discretion.

Submissions

You hereby grant to O'Reilly the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, or other information communicated to O'Reilly through the Site or App, and to incorporate any submission in other works in any form, media, or technology now known or later developed. O'Reilly will not be required to treat any submission as confidential and may use any submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future O'Reilly operations. O'Reilly will treat any personal information that you submit through the Site or App in accordance with its Privacy Policy.

Disclaimer

You understand that O'Reilly cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site and App for any reconstruction of any lost data. O'Reilly does not assume any responsibility or risk for your use of the internet.

YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. UNLESS PROHIBITED BY LAW, O'REILLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. O'REILLY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. O'REILLY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. O'REILLY ALSO DOES NOT WARRANT THAT THE SITE OR APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND O'REILLY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT O'REILLY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, APP, OR ITS CONTENT. O'REILLY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE UPON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information on the Site and App, whether historical in nature or forward-looking, speaks only as of the date the information is posted, and O'Reilly does not undertake any obligation to update such information after it is posted or to remove such information from the Site or App if it is not, or is no longer accurate or complete.

Limitation of Liability

O'REILLY AUTOMOTIVE STORES, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, TEAM MEMBERS, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF O'REILLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF O'REILLY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, TEAM MEMBERS, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO O'REILLY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Termination or Restriction of Access

O'Reilly reserves the right, in its sole discretion, to terminate your access to any or all of its websites, Apps, and the related services or any portion thereof at any time, without notice.

Indemnity

You will indemnify and hold O'Reilly, its subsidiaries, affiliates, licensors, content providers, service providers, team members, agents, officers, directors, and contractors (the Indemnified Parties), harmless from any breach of these terms and conditions of use by you, including any use of content other than as expressly authorized in these terms and conditions of use. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the indemnified parties in connection therewith. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site or App.

Trademarks and Copyrights

Trademarks, service marks, logos, and copyrighted works appearing on the Site or App are the property of O'Reilly Automotive Stores, Inc., or the party that provided the trademarks, service marks, logos, and copyrighted works to O'Reilly. O'Reilly and any party that provided trademarks, service marks, logos, and copyrighted works to O'Reilly retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing on the Site or App.

Pursuant to Title 17, United States Code, Section 512c(2), notifications of claimed copyright infringement should be sent to O'Reilly or the relevant service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE PRECEDING WILL RECEIVE NO RESPONSE.

Security

Any passwords used for the Site or App are for individual use only. You will be responsible for the security of your password (if any). O'Reilly will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that O'Reilly considers insecure, O'Reilly will be entitled to require the password to be changed and/or terminate your account. You agree that you will not disclose or allow any third party to use your password. You agree to notify O'Reilly immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by O'Reilly or any other user of or visitor to the Site or App due to someone else using your password or account. You may not use anyone's password or account at any time other than your own. O'Reilly will not be held liable for any loss or damage arising from your failure to comply with these obligations.

You are prohibited from using any services or facilities provided in connection with the Site or App to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, O'Reilly reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. O'Reilly reserves the right to investigate suspected violations of these Terms and Conditions.

O'Reilly reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing O'Reilly to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY USE OF THE SITE OR APP, YOU WAIVE AND HOLD HARMLESS O'REILLY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY O'REILLY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER O'REILLY OR LAW ENFORCEMENT AUTHORITIES.

Choice of Law and Jurisdiction

These terms and conditions will be governed and interpreted pursuant to the laws of the State of Missouri, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Missouri in connection with any dispute between you and O'Reilly arising out of these terms and conditions of use, the use of the O'Reilly website or App, or pertaining to the subject matters hereof. You further agree to venue in any court of competent jurisdiction located within the geographic boundary of Greene County, State of Missouri.

Privacy Policy

  • Personal Information
  • Customer Rights

  • Personal and Site Usage Information

    What is Collected

    O'Reilly Automotive Stores, Inc., may collect information from you and your use of the O'Reilly Pro Web site (the "Site"), including, but not limited to: your name, contact and billing information, activity on the Site, and transaction information. On some web pages of the Site, you can order products or services, make requests, and register to receive materials. The types of personal information collected at these pages are name, contact and billing information, and transaction information. In order to tailor our Web site to continuously improve our products and services, we may also ask you to voluntarily provide us with information regarding your personal or professional interests, demographics, experience with our products, and contact preferences. However, to reiterate, providing such information is completely at your discretion. O'REILLY RESERVES THE RIGHT TO MODIFY THIS PRIVACY POLICY AT ANY TIME AT ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE.

    How is It Used

    O'Reilly uses your information to better understand your needs and provide you with better service and user experience. Specifically, we use your information to help you complete a transaction, to communicate back to you, to update you on service and benefits, to improve the Site and product selection, to troubleshoot reported problems and to personalize our Web site for you. Data collected online may also be combined with information you provide when you register your ownership of O'Reilly products.

  • Who We Share It With

    O'Reilly will not sell, rent, or lease your personal information to any others. Unless we have your direct permission or are required by law, we will only share the personal data you provide online with other O'Reilly entities and/or business partners who are acting on our behalf for the uses described above. Such O'Reilly entities and/or business partners, including those in the United States and/or any other countries, are governed by our privacy policies with respect to the use of this data and are bound by the appropriate confidentiality agreements.

  • Customer Rights

    O'Reilly will not use or share any of the personal information provided to us online in ways unrelated to the ones described above without first letting you know and offering you a choice. As previously stated, we will also provide you the opportunity to let us know if you do not wish to receive unsolicited direct marketing materials from us and we will make commercially reasonable efforts to honor such requests. Local country laws and policies are applied where they differ from those in the U.S.

  • Security

    O'Reilly is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

  • E-mail

    It is critical you provide your true e-mail address for your security. O'Reilly uses your e-mail address to confirm any activities you perform online and to provide you with important account information. For your privacy, be sure to provide a true e-mail address. O'Reilly will only e-mail you regarding special offers and promotions if you indicate that you would like to receive these announcements.

  • Updates to This Privacy Policy

    From time to time, O'Reilly may modify this Privacy Policy. We will notify you of any material changes to this Privacy Policy by posting notice of those changes on this page. O'Reilly recommends that you periodically check back to this page for any updates.
    How to Contact Us
    If you have questions about this privacy statement, the practices of this site or your dealings with this site, please contact us via e-mail at firstcallsupport@oreillyauto.com.
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