Terms of Use
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Last Updated: April 22, 2024
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By your use of the O’Reilly Auto Parts® website, you agree that the following Terms of Use form a legal and binding agreement between you and O’Reilly Automotive Stores, Inc., its affiliates, and related entities (collectively, “O’Reilly.”), and that you will comply with the terms and provisions hereof. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
When you sign up for an account on the O’Reilly website, you will be asked to provide specific information in order to create an account. You acknowledge that all information you provide is current, correct, and complete according to these Terms of Use. O’Reilly reserves the right to terminate your account or refuse you access to its websites if you provide outdated, incorrect, false, or incomplete information. O’Reilly may take these measures at any time and without prior notice.
By accessing the O’Reilly website, you agree that you will only use it for its intended purposes and avoid engaging in behavior that is unlawful or violates these Terms of Use. You may not, under any circumstances, co-brand, frame, or hyperlink to the O'Reilly website, unless O’Reilly allows you to do so, which decision shall be made by O’Reilly at its own sole discretion. These behaviors are defined as follows:
- Co-branding: You will not display the O'Reilly brand, trademarks, or logos on any website not affiliated with O’Reilly or one of its various partners.
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You agree to cooperate with O’Reilly and immediately cease any instances of branding, framing, or unauthorized hyperlinking upon request. You also agree to avoid acting in a manner that disables, overburdens, damages, or impairs the ability of others to use the O’Reilly website. You may not access, or attempt to access, information or confidential materials which are not intentionally made available through the O’Reilly website.
By using the communication services, bulletin boards, forums, and any other messaging systems provided on the O’Reilly website, you agree to use these services only for their intended purposes and according to these Terms of Use. You will not post, send, submit, publish, or transmit any of the following on O’Reilly digital platforms:
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O’Reilly reserves the right to monitor the use of its website and other digital platforms to ensure compliance with these Terms of Use. O'Reilly reserves the right to remove any content which violates these Terms of Use and to restrict the access of users who refuse to follow the guidelines outlined herein. O’Reilly may disclose to third parties, including law enforcement personnel, as much information as necessary to satisfy applicable law and the orders of any court or administrative agency, and to ensure the safety of the business, customers, and employees of O’Reilly. O’Reilly will remove, or deny the use of, any materials from its website that do not satisfy the requirements outlined in these Terms of Use.
The material and content accessible from this website, 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. The Content expressly includes trademarks, service marks, logos, and copyrighted works belonging to O’Reilly and its affiliates. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of O'Reilly, except for printing out a copy of the Content solely for personal use. In doing so, the Content may not be removed or altered, or caused to be removed or altered, including any copyright, trademark, trade name, service mark, or other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the intellectual property rights of O’Reilly. Neither title nor intellectual property rights are transferred to anyone accessing this website.
All content on this website (OReillyAuto.com) and FirstCallOnline.com, including text, graphics and logos, images, and video is owned or licensed property of O’Reilly Auto Parts, Inc., or its affiliates or content suppliers and protected by United States and international copyright laws. This content may be used only for the purposes of shopping and automotive repair and information resources. Any other use, including the reproduction, modification, duplication, distribution, or republication of the content on OReillyAuto.com and FirstCallOnline.com is strictly prohibited. Users are not allowed to copy, download, duplicate, modify, distribute, or republish the content of these websites, nor any portion thereof, without the express written permission of O’Reilly Auto Parts, Inc.
The content included on OReillyAuto.com and FirstCallOnline.com may not be reproduced, duplicated, sold, resold, or otherwise exploited for commercial purposes by any third party beyond those permitted in writing by O’Reilly Auto Parts, Inc. O’Reilly Auto Parts and its affiliates reserve the right to refuse service, suspend or terminate customer accounts, and/or cancel orders deemed necessary, if, but not limited to, situations in which customer conduct is determined to be in violation of local, state, or federal laws or is damaging to the company’s best interests. Any framing of content on OReillyAuto.com or FirstCallOnline.com without the prior written permission of O’Reilly Auto Parts, Inc. is strictly prohibited in accordance with United States and International copyright law.
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PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (COLLECTIVELY, "CLASS ACTION") IN ARBITRATION OR LITIGATION.
THIS SECTION ALSO ADDRESSES THAT YOU AND O'REILLY ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
If any provision, in part or in full, of these Terms of Use is determined to be void or unenforceable, the remaining provisions of these Terms of Use shall not be affected. All remaining provisions shall remain binding, and in full force and effect.
(a) Disputes and Claims. You and O'Reilly agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a dispute is subject to arbitration. If any dispute or claim of any type arises between us with regard to your use of the O’Reilly website or any products or services sold or distributed through the website, the dispute or claim will be resolved by binding arbitration, rather than through the courts. The exception to this requirement is described in subparagraph (e) below. In arbitration, there is no judge or jury. The arbitrator, however, can award damages just as a judge or jury can.
(b) Arbitration Procedures.
(i) Mandatory Pre-Arbitration Informal Dispute Resolution. You and O’Reilly agree to engage cooperatively to try to resolve any dispute informally prior to you or O’Reilly initiating an arbitration proceeding. The party claiming dispute must first send a written notice to the other party providing a detailed description of the dispute and include the name and contact information (address, telephone number, email address, and account number if applicable) of the party providing notice; sufficient information to enable the other party to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by an O’Reilly representative (and our attorney if we are represented by legal counsel).
Your notice to O’Reilly must be sent to O’Reilly, General Counsel, 233 S. Patterson, Springfield, Missouri 65802. Our notice to you must be sent to the most recent contact information that you have provided to us.
For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have an O’Reilly representative personally participate in an individualized telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). You and O’Reilly agree that we will work together in good faith to select a mutually agreeable time for any such telephone settlement conference. If the dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. COMPLIANCE WITH THIS INFORMAL DISPUTE RESOLUTION PROCESS IS MANDATORY AND A CONDITION PRECEDENT TO INITIATING ARBITRATION.
ANY APPLICABLE LIMITATIONS PERIOD (INCLUDING STATUTES OF LIMITATIONS) SHALL BE TOLLED WHILE THE PARTIES ENGAGE IN THIS INFORMAL DISPUTE RESOLUTION PROCESS.
If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
(ii) Initiating Arbitration: Any arbitration will be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unavailable or unwilling to administer the proceeding under the Legal Disputes Section as written, the parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section.
To begin an arbitration proceeding, you must send an arbitration demand to NAM or AAA with a copy to O’Reilly General Counsel, located at 233 S. Patterson, Springfield, Missouri 65802, or we must send an arbitration demand to NAM or AAA with a copy sent to you at the most current address we have on file or provided by you. The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by an O’Reilly representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing the arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. As in court, you and O’Reilly agree that any counsel representing a participant in the arbitration certifies that such counsel is complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
(iii) Selection of Arbitrator: We will jointly select a single arbitrator, but if we cannot agree on the selection of an arbitrator, NAM or AAA will designate the arbitrator for us. The arbitrator may conduct the arbitration by teleconference or videoconference. If the arbitrator deems it necessary to conduct the arbitration in person, the arbitration will be held at a location which is mutually agreeable to us. In the event we can’t agree on a location, the arbitrator shall choose a location, taking into account the cost and ability to travel of the parties.
(c) Arbitration Fees and Incentives. Both parties will be responsible for their respective initial filing fees to initiate arbitration. Subsequently, each party will cover their filing, administration, service or case management fees, as well as the arbitrator or hearing fees, up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more. O’Reilly will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) No Class Actions. We agree that all disputes between us will be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This means that you and O’Reilly will neither file a lawsuit (in any court other than a small claims court, as set forth in subsection (e), below), nor pursue or participate in an action seeking relief on behalf of others.
(e) Exceptions to Agreement to Arbitrate. Either you or O’Reilly may assert claims, if they qualify, in small claims court in Springfield, Missouri or in any United States county or parish where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration described above. Any dispute over whether claims qualify for small claims court is for the small claims court to decide in the first instance and, if necessary, for a court of competent jurisdiction to decide.
(f) YOU UNDERSTAND, BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS AS SET FORTH ABOVE, THAT YOU ARE WAIVING YOUR RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM THROUGH OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, INCLUDING COURT ACTIONS OR ADMINISTRATIVE PROCEEDINGS (EXCEPT AS TO DISPUTES BROUGH IN SMALL CLAIMS COURT). YOU UNDERSTAND AND AGREE THAT YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY AND, PURSUANT TO SUBPARAGRAPH (d) ABOVE, YOUR RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS, ACTIONS, OR CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS OF ANY KIND.
(g) Governing Law. The Federal Arbitration Act and Applicable Federal Law will govern this agreement to arbitrate. Unless you and O’Reilly agree otherwise, to the greatest extent permitted by law, the state and federal courts in Kansas City, Missouri will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and O’Reilly consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. Except for the provision relating to the waiver of class and representative actions, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the remainder of this agreement to arbitrate shall remain in effect. If any court finds the provision relating to the waiver of class and representative actions to be invalid or unenforceable, then the entirety of this Section regarding Disputes shall not apply.
(h) Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: O’Reilly Auto Parts, General Counsel, 233 S. Patterson, Springfield, Missouri 65802, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and O’Reilly in accordance with this version of the arbitration agreement.
For more information on O’Reilly privacy practices and policies, please see the company’s Privacy Statement.
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