BAP BUYERS CLUB PROGRAM Terms and Conditions

Updated: 4/20/2017

Participants ("Members") in the Program are subject to the terms and conditions herein. Program membership is open to all U.S. residents at least 18 years old. The terms and conditions that apply to the Program, including the terms regarding expiration of credits in the program, are determined based on the place of issuance of the Card.

1. MEMBERSHIP: a. A customer may enroll in The BAP Buyers Club Program only by purchasing a membership online or over the phone. Customers will then receive a membership card in the mail. b. Members must provide the required information to be enrolled and to be eligible for rewards. c. Lost or stolen Cards cannot be replaced. d. BuyAutoParts.com reserves the right, in its sole discretion and without notice, to expire a Member's enrollment in the Program with full $39 refund at any time.

2. TRANSACTION-BASED PROGRAM:

If Member enrolls in the BAP Buyers Club Program, the following terms and conditions apply:

I. Participation: a. To receive the benefits the Member must place an order via the telephone. The Card Number must be provided by the customer at the time of purchase. Prior purchases are not eligible. b. The benefits are only attainable for 12 months after joining the club. c. BAP Buyers Club benefits cannot be combined with any other discounts/offers, including but not limited to coupon codes and store credit. d. Certain items, including but not limited to MAP and UPP priced products, are excluded from the 10% off discount. BuyAutoParts.com has the authority to exclude any items from the 10% discount per their discretion.

3. BAP BUYERS CLUB ADDITIONAL TERMS AND CONDITIONS: a. BuyAutoParts.com reserves the right to cancel, modify or restrict any aspect of the Program at any time with or without notice. b. Membership in the Program may be revoked at any time. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to card revocation and will affect eligibility for further participation in the Program. Further, BuyAutoParts reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Program or the Card, fails to follow any terms of the Program, or makes any misrepresentation to BuyAutoParts.com. c. Program purchases, as reflected in BuyAutoParts.com records, shall be deemed correct and BuyAutoParts.com reserves the right to determine the qualification for any transaction and to correct or modify the Reward amount at any time based on BuyAutoParts.com records and calculation of account information. d. BuyAutoParts.com is not responsible for communications, including change of address or other contact information. e. By becoming a member of the Program, customer agrees to receive advertising, marketing materials and other communications from BuyAutoParts.com. f. The Program shall be governed by the laws of the state of California, without regard to its conflict of laws and principles. Further, Members in the Program submit solely to the jurisdiction of any appropriate court within San Diego County, California for adjudication of disputes arising from this Agreement. g. Program rules are void only to the extent prohibited by law.

4. SPONSOR: BuyAutoParts.com, LLC. is the exclusive sponsor of this Program.

5. TERMINATION: Members may cancel participation in the Program and/or request not to be communicated via mail by notifying BuyAutoParts.com.

6. LIMITATION OF LIABILITY AND ADDITIONAL TERMS: BY ENROLLING IN THE PROGRAM, THE MEMBER AGREES THAT BUYAUTOPARTS.COM AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP APPLICATION, CORRESPONDENCE; (B) ANY ACTS OR OMISSIONS OF THIRD PARTIES (INCLUDING); OR (D) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF CREDITS FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF CREDITS IN AN AMOUNT NO GREATER THAN THE NUMBER OF CREDITS AT ISSUE.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM RULES, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE WEBSITE AND THE REWARDS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

THIS SECTION WILL SURVIVE TERMINATION OF MEMBER'S PARTICIPATION IN THE PROGRAM.

Neither the Program nor any benefit offered by The BAP Buyer's Club creates, constitutes or gives rise to any legal or contractual rights by Members against BuyAutoParts.com.