Terms and Conditions

Please review these Terms of Use carefully. They include a binding arbitration clause requiring you and us to arbitrate our claims instead of suing in court.

INTRODUCTION

Welcome to Diehard.com (the “Site”). This site is provided by Advance Stores Company, Incorporated d/b/a as Advance Auto Parts (“Advance”) solely for the purpose of providing information about Diehard products and where to purchase them, including from licensed third parties and through unaffiliated third party websites and platforms.

ACCEPTANCE OF AND RELIANCE ON TERMS AND CONDITIONS

Except as otherwise set forth herein or agreed to between you and Advance, these terms and conditions (“Terms and Conditions”) govern your use of the Diehard.com website. By accessing and using the Site, you acknowledge that you have read and unconditionally agree to follow and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, or are not a customer or potential customer, then you are requested to immediately exit the Site.

REVISIONS TO TERMS AND CONDITIONS

Please refer to these Terms and Conditions regularly. Advance reserves the right, at any time, to modify, amend, alter or update these Terms and Conditions without prior notice by updating this posting. Your continued use of the Site following posting of changes to these Terms and Conditions signifies that you agree to be bound by such modifications, amendments, alterations or updates.

EXTERNAL SITES

This site contains links to other sites and platforms, some of which are owned and operated by third parties (“Third Party Site”). Advance is not responsible for the availability, content, text, graphics, or information provided by such Third Party Sites. You agree that once you leave Diehard.com, by following a link provided thereon or otherwise, you do so at your own risk and are subject to the terms and conditions, privacy policies, and other obligations of the Third Party Sites and not Diehard.com. You agree that Advance is not responsible, as the result of linking to other sites, for any acts or omissions of any operator of any Third Party Site nor for any actions or damages you may have from any Third Party Sites. You must contact the site administrator for those sites if you have any concerns regarding those links.

USE OF SITE

This Site is intended for use by individuals 13 years of age or older. The Site is not for users under the age of 13. Users under the age of 13 must have the assistance and permission of a parent or guardian to use the Site.

All materials on the Site, including, without limitation, information, data, specifications, descriptions, images, graphics, trademarks, text, links, illustrations, designs, icons, photographs, HTML code, and written and other materials (collectively the “Content”) included on the Site are the property of Advance, its affiliates or content providers of Advance, and are protected by copyright and trademark law. The Content is intended solely for your own personal, non-commercial use. You may download or copy the Content for your personal use only so long as you keep intact all copyright and proprietary notices. No right, title, or interest in the Content, downloaded materials, or software is transferred to you as a result of any downloading or copying of the Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of Advance. It is strictly prohibited to modify, transmit, distribute, reuse, reverse engineer, repost, “frame,” or use the Content without written permission from an authorized representative of Advance.

Advance claims no proprietary rights to, or affiliation with, any third party trademarks or logo references appearing on the Site. You should not infer any affiliation, sponsorship, or endorsement from the use of third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their respective owners.

Images of people or places displayed on the Site are either the property of, or used with permission by, Advance. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Advance may, from time to time, provide links to other outside websites not associated with Advance. Advance has not reviewed and is not responsible for such linked websites or the content of any of the linked websites. Advance provides these links as an additional resource for its Site users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, Advance cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by, websites linked to from the Site.

THE SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE ADVANCE DESIRES THAT THE CONTENT AND INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS, OR RELIABILITY OF SUCH CONTENT AND INFORMATION. ADVANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or otherwise “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security will result in the user being denied access to the Site and may result in civil or criminal liability. Advance may, at its discretion, investigate occurrences that involve such violations and will cooperate with law enforcement authorities in prosecuting Site users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate the Site other than the search engine and search agents available from Advance on the Site and other than generally available third party web browsers (e.g., Microsoft Internet Explorer or Edge, Google Chrome, or Mozilla Firefox).

You will be responsible for the security of any password you use on this Site. Advance may, in its sole discretion, monitor the use of any password.

USER SUBMITTED CONTENT AND CONDUCT

Except as otherwise provided elsewhere in these Term and Conditions or on the Site, anything that you submit or post to the Site and/or provide Advance, including without limitation, ideas, know-how, techniques, questions, answers, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and Advance and its affiliates shall have the royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form for any purpose including without limitation, developing, manufacturing, distributing and marketing products using such information, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Advance and shall not be returned to you.

In addition to the rights applicable to any Submissions, when you post communications, comments, or reviews to the Site, you also grant Advance and its affiliates the right to use the name that you submit with any communication, review, question, answer, or other content, if any, in connection with such review, question, answer, or other content, for any purpose, including without limitation, reproduction, transmission, publication, broadcast, and posting. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on the Site and that use of your Submissions by Advance will not infringe upon or violate the rights, including intellectual property rights, of any third party.

You agree not to use a false e-mail address or the email address of any other person or entity, pretend to be someone other than yourself, or otherwise mislead Advance or third parties as to the origin of any Submissions. You agree not to post any content that is: illegal, obscene, threatening, defamatory, invasive of privacy, otherwise injurious to third parties or is otherwise generally objectionable or constitutes any manner of: political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” all of which constitute prohibited conduct. Advance may, in its sole discretion, but shall not be obligated to, remove or edit any Submissions (including reviews, questions, or answers).

Although Advance may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Advance is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Advance will fully cooperate with any law enforcement authorities or court order requesting or directing Advance to disclose the identity of anyone posting any such information or materials.

COLORS

Advance does not warrant or represent that the colors of products displayed on your monitor are an accurate representation of the color of the product.

PRODUCT AND SITE CONTENT

Proper service and repair procedures are vital to the safe, reliable operation of all motor vehicles as well as the personal safety of those performing the repairs and are not the responsibility of Advance. Standard safety procedures and precautions (including the use of safety goggles and knowledgeable use of proper tools and equipment and exact compliance with the instructions included with products) are strongly recommended at all times to limit the possibility of personal injury or death or improper service which could damage the vehicle or compromise its safety.

THE SITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED “AS IS.” ADVANCE AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. ADVANCE AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADVANCE DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN CERTAIN STATES AND JURISDICTIONS, INCLUDING FOR RESIDENTS OF THE STATE OF NEW JERSEY, THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS ARE NOT PERMITTED AND SO THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU. TO THE EXTENT THAT ADVANCE AND ITS AFFILIATES MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY IMPLIED WARRANTIES OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

ADVANCE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THIS SITE, THE PRODUCTS OR FUNCTIONS ON THIS SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

Advance respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Copyright Administrator at copyright.agent@advance-auto.com with the following written information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Advance to locate the material.
Information reasonably sufficient to permit Advance to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ARBITRATION

ANY AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND MAY ONLY BE BROUGHT AND PROCEED IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS OR AS A PRIVATE ATTORNEY GENERAL OR ON A COLLECTIVE BASIS. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY AND THE REVIEW OF MATTERS MAY BE LIMITED BUT AN ARBITRATOR MAY AWARD THE SAME DAMAGES AS A COURT.

BY USING THIS SITE YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING, AND THEREBY LIMITING YOUR RIGHT TO OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES SUCH AS A COURT ACTION TO SETTLE ANY DISPUTES OR CLAIMS AND INSTEAD YOU AGREE TO REFER YOUR DISPUTE TO AN ARBITRATION.

All disputes, regardless of type, must be arbitrated, and arbitrations may only proceed individually and not as a class representative, private attorney general, or otherwise on a collective basis.

You understand and agree not to initiate any action or arbitration proceeding for any claim unless and until you have provided Advance specific written notice of each claim and a reasonable opportunity after such notice to cure any such claim.

The forum for the arbitration shall be in a reasonably convenient county, as mutually agreed upon by the parties. The arbitration shall be administered by the American Arbitration Association (“AAA”), pursuant to its then-current Commercial Arbitration Rules (the “AAA Rules”), as modified by any other provisions that the parties may jointly agree upon in writing. There shall be a single arbitrator, mutually selected by the parties to the dispute, and if such parties are unable to agree upon an arbitrator, AAA shall designate an arbitrator (the “Arbitrator”). The Arbitrator shall be a licensed attorney with at least ten (10) years of experience in business and commercial law matters.

If any party brings a claim in a court that is required by this Section to be brought in arbitration, and the other party successfully moves for an order or petition compelling arbitration, the non-prevailing party shall be obligated to pay the prevailing party’s costs and attorney fees in connection with securing such order or petition.

The Arbitrator shall hear and determine, in advance of the hearing on the merits, any dispositive or partially dispositive motions for summary adjudication or for dismissal, and shall determine a date by which such motions must be filed. The Arbitrator’s decision shall be final and binding on the parties hereto and may be entered in any court of competent jurisdiction. For the Arbitration, discovery by each party shall be limited to reasonable requests for production of documents. No additional discovery (e.g., interrogatories, depositions or requests for admissions) shall be permitted except by mutual written consent or as ordered by the Arbitrator upon good cause shown.

Except as may be expressly set forth herein or as otherwise mutually agreed, each party shall bear its own costs and attorney fees occurred in connection with any dispute. The fees and expenses of the Arbitrator shall be borne as determined by the Arbitrator, and in the absence of a determination shall be shared equally by the parties. You and Advance retain the right to apply to any court of competent jurisdiction for provisional relief such as preliminary injunctions or attachments.

TERMINATION OF ACCESS

In addition to any other legal or equitable remedies for misuse, Advance may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Advance shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

ENTIRE AGREEMENT

These Terms and Conditions embody the entire agreement and understanding between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof.

SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

SURVIVAL

Any provision of these Terms and Conditions that, by its nature, is applicable to circumstances arising after the termination of these Terms and Conditions will survive such termination and remain in full force and effect, and no termination of these Terms and Conditions will relieve either party from any liability arising out of any breach of these Terms and Conditions occurring prior to said termination.

REMEDIES

The remedy of Advance at law for any actual or threatened breach of these Terms and Conditions would be inadequate and Advance will be entitled to specific performance or injunctive relief, or both, in addition to any damages that Advance is legally entitled to recover, together, if applicable, with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ or arbitrator’s fees. No right or remedy of Advance shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, attorneys’ fees, and expenses. No waiver by Advance of its rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future, or other waiver.

APPLICABLE LAW

By visiting the Site, you agree that the laws of the Commonwealth of Virginia, 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 Advance

PRIVACY

Please review the Advance Privacy Notice for information on the privacy practices of the Site.

OWNER AND OPERATOR OF SITE

Advance Stores Company, Incorporated is the owner and operator of the Site. The Diehard.com website address is www.Diehard.com. The mailing address for Advance Stores Company, Incorporated is 5008 Airport Road, Roanoke, VA 24012.

CONTACT US

If you’d like more information, visit our contact us page. Although Advance will, in most circumstances, be able to receive your communication provided through the Site, Advance does not guarantee that it will receive all such email or other information timely and accurately. Advance shall not be legally obligated to read, act on, or respond to any such email or other information.

Last Updated: April 2020

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