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(a) Disputes and Claims. 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. Any arbitration proceeding will be administered by a neutral arbitrator who is a member of or affiliated with The American Arbitration Association (AAA), in accordance with its then current rules and procedures pertaining to consumer disputes. We will jointly select a single arbitrator, but if we cannot agree on the selection of an arbitrator, the 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. The AAA rules will govern payment of all arbitration fees. O’Reilly will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
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(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.
(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. 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. 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.
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Where O’Reilly Gets Personal Information
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How O’Reilly Uses Information
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Your California Privacy Rights
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How O’Reilly Keeps Your Personal Information Secure
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Protecting Children’s Privacy
Audio and Video Monitoring
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California Transparency in Supply Chains Act of 2010
California's Transparency in Supply Chains Act of 2010 requires retailers and manufacturers doing business in California to disclose efforts taken to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale, giving consumers additional criteria to make buying decisions.
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O'Reilly expects its supply chain vendors to conduct their relationship with the company consistent with the O'Reilly Code of Business Conduct and Ethics ("Code"), and company supply chain team members annually confirm their understanding of that Code. Team members may report violations of the Code through anonymous reporting to an independent third party. O'Reilly has communicated to its supply chain vendors that the company supports efforts to eradicate slavery and human trafficking from supply chains, and their acknowledgment that their products are not manufactured and supplied in a manner inconsistent with those efforts. Annual training has been implemented for internal employees with direct responsibility for supply chain management. O'Reilly reserves the right to make periodic, unannounced audits of its supply chain vendors' facilities for compliance with the requirements of these Agreements, including compliance with laws, ordinances, statutes, rules, and regulations. O’Reilly reserves the right to remove supply chain vendors from the supply chain for non-compliance with these Agreements. O'Reilly does not utilize a third party for verification or unannounced audits at this time, but reserves the right to do so in the future.
O'Reilly does not manufacture any products sold in the company's retail locations. For more information about the slavery and human trafficking eradication policies of O’Reilly’s branded-label supply chains, please visit their respective websites.