When you install the Application, you are communicating with Pep Boys electronically and you consent to receive communications from us electronically. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing
We may change these Terms at any time without notice. Because these Terms and our other policies are subject to change and you will be bound by such changes, you should periodically visit this section to review the current Terms and policies.
Subject to these Terms, Pep Boys grants You a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on an Apple iPhone, iPad, or iPod Touch or Android ('Device') owned or controlled by You in accordance with these Terms ('User License'). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application ('Content') is prohibited.
Mobile Service, Internet and Service Fees
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are solely responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, vehicle information, administrative messages, service announcements, diagnostic data reports, and Application updates, from Pep Boys, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. Pep Boys makes no representations that the Application will be compatible with or provided by all mobile carriers or Devices.
The laws of the Commonwealth of Pennsylvania (without applying conflict-of-law principles) will govern these Terms and any dispute that might arise between you and Pep Boys or its affiliates ('Pep Boys' or 'we' or 'our') regarding your use of this Application. Any dispute relating to your use of this Application or the products or services you purchase from us must be submitted to confidential arbitration. ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, and not as a plaintiff or class representative or member or otherwise on behalf of others in any purported class, collective or representative proceeding. Notwithstanding the foregoing, to the extent Pep Boys believes you violated or may violate Pep Boys' intellectual property rights, Pep Boys may seek injunctive or other appropriate relief in any state or federal court located in Philadelphia, Pennsylvania; and you consent to exclusive jurisdiction and venue in such courts. Arbitrations hereunder will be resolved through the arbitration process. For further details, please click on the Arbitration Process link which can be found in the About Us section of the Application.
Incorporation of Related Terms
In addition, these Terms also incorporate and supplement other terms, conditions, and policies of Pep Boys, posted at www.pepboys.com, including without limitation the following related terms, conditions, and other policies, the location and terms of which may be changed from time-to-time,
Pricing and Availability of Services
ome of the services may not be available to you at all, or at the prices indicated, because of the manner or locations in which the services are rendered, or due to an error. Prices and availability of services are subject to change without notice.
User Information and Privacy
The Application uses the calendar function on your device; if you chose to add your appointment the Application will access your calendar, however it does not store or use any other data in the calendar. The Application requires you to log in to use the functionality. When you log in, your profile information from your www.pepboys.com account, including but not limited to your name, address, vehicle type and favorite store location, will be shared with the Application ('User Information'). You are however, solely responsible for the confidentiality and security of User Information sent from or stored on the Device by the Application. If you log out of the Application at the end of your session all your User Information will be deleted from your Device. If you do not log out of the Application your User Information, including your ID and password, will remain stored on your Device. The Application will share certain information including but not limited to appointment information, your email and encrypted password with www.pepboys.com. You are solely responsible for all transactions and activities undertaken by anyone or anything with your ID whether authorized or unauthorized. You agree to immediately notify Pep Boys of any suspected unauthorized transactions associated with the Application or any other breach of security. Pep Boys shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the Device.
You agree to defend, indemnify and hold harmless Pep Boys, its subsidiaries and affiliates, and its and their respective employees, shareholders, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, claims, suits, damages, investigations, inquiries, costs and expenses (including without limitation, reasonable attorneys' fees and expenses) arising out of or otherwise relating to your use of this Application or any actual or alleged breach of these Terms.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND ERRORS
While we try to provide accurate and updated information on and through this Application, the information on this Application and/or the information provided through this Application may contain errors or omissions and may not be current. THE CONTENT, INFORMATION AND MATERIALS IN THIS SITE, WHETHER PROVIDED BY US OR A THIRD PARTY AT OUR REQUEST, ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY ACTION OR INACTION TAKEN BASED IN WHOLE OR IN PART OF INFORMATION PROVIDED ON OR THROUGH THIS APPLICATION. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS APPLICATION OR ITS SERVERS ARE FREE OF VIRUS, TROJAN HORSES OR HARMFUL BUGS OR COMPONENTS. IN NO EVENT SHALL PEP BOYS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST REVENUES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We will not be liable to you or anyone else for any direct or indirect damages of any nature or injury resulting from your access to, or inability to access, this Application, from your reliance on the information provided on or through this Application, or from your failure to follow these Terms, even if we have been advised of the possibility of such damage. Any reliance on this Application is at your sole risk. CERTAIN STATES MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. This Application contains names, logos, trademarks, service marks and other intellectual property which we own or have permission to use, and may not be used by you for any purpose without our prior written permission. Certain functions of this Application may be covered by U.S. Patent 6,091,956. You may not download or reproduce any material owned by third parties. If you believe your work has been copied in such a way that it infringes upon your intellectual property rights, please contact the office of our General Counsel at 3111 West Allegheny Avenue, Philadelphia, Pennsylvania 19132.
No failure or delay on the part of Pep Boys in exercising any power or right under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. In the event that any one or more of the provisions contained in these Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then, such invalid, illegal or unenforceable provision in this Terms shall be severed and to the maximum extent permitted by law, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms. The titles, captions or headings of the sections and paragraphs hereof are for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of these Terms. User agrees that Pep Boys' service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
If you have any questions regarding our privacy practices, you can email us at email@example.com
Registration: In order to use our Application, guests are required to be registered and signed into their Pep Boys online web account ('Web Account'). If you do not have a Web Account, you must complete a web account registration available at www.m.pepboys.com, which you may access via a link in this App. During registration, a visitor is required to provide his or her contact information, such as name and e-mail address and vehicle information. Please see https://www.pepboys.com/customer-care/policies/privacy for details regarding the use and collection of information with respect to your Web Account. If you have a Web Account, when you log into the Application your information from the Web Account will be shared with the Application. If you modify your contact or vehicle information in the Application, those modifications will not be shared with the Web Account.
Scheduling Service: We request information from you during the scheduling process on our Application and at our Locations when providing services. A guest must provide contact information, such as name and e-mail address. We will communicate with you to provide requested services and in regards to issues relating to their account via telephone, and may also communicate with you via email or SMS text messages upon your request.
Security: We want our guests to feel confident when they use our Application and trust us with their personal information. We take every commercially reasonable precaution to protect our guests' personal information both online and offline. However, we cannot ensure or warrant the security of information provided to us and guests do so at their own risk. If you have any questions about the security of your information, please contact us at firstname.lastname@example.org or call 1-800-PEP-BOYS (737-2697).
- Android advertising ID or Apple Advertising Identifier
- Information collected through your browser or device, such as device manufacturer and model, operating system name and version, App usage data, such as the date and time the App on your device accesses our servers , physical location of your device based on IP address or your connection to a wireless service.
- Web Account User ID
- Pages you visit on the Application
- The web address you came from
- Your activities and use of the Application
- Application performance information