THESE TERMS AND CONDITIONS OF USE (THE "TERMS") SET FORTH THE TERMS ON WHICH PARTS.COM® AND ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES ("THE COMPANY," "WE," "OUR" OR "US") PROVIDE THE CUSTOMER ("YOU" OR "YOUR") ACCESS TO THIS WEB SITE ("PARTS.COM®") AND OUR SERVICES. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE PARTS.COM®.
Parts.com® serves as a marketplace for purchasers of automotive parts and related products ("Buyers") and wholesalers and suppliers of automotive parts and related products ("Sellers") to come together and engage in the trade of automotive parts and related products. We are not involved in the actual transactions between Buyers and Sellers. As a result, we exercise no control over the quality, safety or legality of the products offered for sale, the truth or accuracy of any listings or representations posted by Buyers or Sellers, the ability of Sellers to sell or ship items or the ability of Buyers to buy items. We cannot, and do not, control whether or not Sellers will complete the sale of items they offer or Buyers will complete the purchase of, or pay for, items they have ordered.
Parts.com® provides access to products provided by Sellers who we do not control. We do not verify, guarantee, warranty, or in any other way, the accuracy of the information that we receive from Buyers or Sellers. All information, prices and availability are subject to change without notice. We are not responsible for breach of contract or any intentional or negligent action on the part of Buyers or Sellers that result in any loss, damage, delay, injury, death, or property damage. Because we are not involved in sales through Parts.com®, in the event that you have a dispute with a Buyer or Seller, you hereby release us, our agents, subsidiaries, parent companies, employees, officers, directors, and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
The services provided on Parts.com® are available only to individuals who can form legally binding contracts under applicable law. By using this site, you represent that you are able to form a legally binding contract. We may refuse our services to anyone at any time in our sole and absolute discretion.
You agree to pay for all orders placed with a Seller, unless a Seller materially changes the description of the product after you have placed an order.
You agree that any information provided by you through Parts.com®: (i) shall not be fraudulent; (ii) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) shall not violate any law, statute, ordinance or regulation; (iv) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) shall not be obscene; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, or other disabling devices that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You agree that you may not use any device, software or routine to interfere or attempt to interfere with the proper working of Parts.com®. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose your password to, or share your password with, any third parties. You may not use your password for any unauthorized purpose.
Parts.com® is owned and operated by the Company. All information, including, without limitation, text, graphics, software and all HTML, CGI and other codes and scripts in any format used to implement Parts.com® ("Content") are our property or that of our licensors. The Content on Parts.com® is for personal use only. You may not copy, modify, upload, download, transmit, (re)publish or otherwise distribute any Content from Parts.com® except as expressly permitted by these Terms and conditions. Doing so will violate our copyright, trademark and other proprietary rights. All Content on Parts.com® is protected by United States Copyright Law, Trademark Law and applicable international treaties and conventions governing intellectual property. Any and all of our trademarks and trade names used in connection with Parts.com® shall remain our exclusive property. Nothing contained in the Terms and conditions shall be deemed to give you any rights in, or to, any of our trademarks.
Those visiting and/or using the Parts.com® Web site are forbidden to use this site to assist in the sale or purchase of automotive parts or related products in any manner that prevents, or may prevent, Parts.com® from participating as a compensated facilitator of such sale or purchase. Any such action is in direct violation of the policies of Parts.com® and this site's Terms and Conditions of Use.
Parts.com® reserves the right to remove postings and/or suspend use of all Parts.com® services at any time, without notice or cause. Additionally, Parts.com® may stop offering and/or supporting the website at any time.
Website use will be automatically and entirely suspended in cases where improper activities are pursued on this site, including, but not limited to, posting or listing items for sale without use of the Parts.com® system and/or in any way seeking to circumvent the fees or other consideration received by Parts.com® for use of its marketplace.
Postings or listings in violation of this site's Terms and Conditions of Use include, but are not limited to:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS PROVIDE TO YOU THE WEBSITE "AS IS" AND "WITH ALL FAULTS"; AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE REMAINS WITH YOU. THE WEBSITE COMES WITHOUT SUPPORT. The accuracy and reliability of the content on Parts.com® is not guaranteed. We assume no liability for any errors, bugs, viruses, omissions or other problems with the content on Parts.com®. To the fullest extent of the law, we make no representations or warranties of any kind whatsoever with respect to the content on Parts.com® or the materials, information and functions made accessible by the software used or accessed through Parts.com®, for any products or services or hypertext links to third party sites, or for any breach of security associated with the transmission of sensitive information through Parts.com® or any further linked site. We do not assume any liability or make representations of any kind about the accuracy or trustworthiness of any parts data (including price, part numbers, descriptions), the suitability of the parts for any particular purpose, nor the safety and quality of any parts. We do not guarantee continuous, uninterrupted or secure access to Parts.com®, and operation of Parts.com® may be interfered with by numerous factors outside of our control.
In no event are we liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the services on Parts.com® or Parts.com® programs, software or printed materials, even if we have been advised of the possibility of such damages. Some states do not allow the exclusions or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you. IN NO CIRCUMSTANCE WILL THE LIABILITY OF PARTS.COM EVER EXCEED THE TOTAL AMOUNT OF PARTS ORDERS THAT YOU MAY HAVE PLACED THROUGH YOUR USE OF THE PARTS.COM WEBSITE.
Buyer shall indemnify, defend and hold us harmless and our employees, agents, successors, officers, directors, and assigns, from any and all suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees and paralegal fees) that we may sustain or incur, arising from or out of a respective: (i) Buyer's or Seller's failure to comply with any applicable laws and/or regulations; (ii) Buyer's or Seller's breach of any of its obligations set forth in these Terms; or (iii) Buyer's or Seller's use of or participation in Parts.com®.
Parts.com® works to protect consumer information that we collect against unauthorized access, disclosure, alteration or destruction. Efforts include, but are not limited to, the use of a secure server software, passwords and credit card encryption and information access limitations. We agree to adhere to all applicable Unites States federal and state laws and industry practices relating to the collection and use of personal information from Parts.com® visitors.
The Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws provisions. You and the Company agree to submit to the exclusive jurisdiction over all disputes hereunder and venue in an appropriate state or federal court located in the County of Los Angeles, State of California. These Terms represent the entire understanding between you and us.
Except as explicitly stated otherwise, any notices shall be given by e-mail to firstname.lastname@example.org (in our case) or to the e-mail address you provide to us during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid or unless we receive notification that the message cannot be delivered by e-mail. Alternatively, we may give you notice by overnight courier or certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Some Content on Parts.com® may be subject to United States Export Controls. Parts.com® is designed for use within the United States only. No Content from Parts.com® may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Iran, Iraq, Libya, Myanmar (Burma), North Korea, Republic of the Congo, Somalia, South Yemen, Sudan, Syria, or any other country against whom the United States has instituted a trade embargo, or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the Department of Commerce's Table of Deny Orders. By downloading the Content from Parts.com®, you represent and warrant that you are not located in, or a national or resident of, any such country.
We reserve the right to change, suspend or discontinue any aspect of Parts.com® at any time, including the availability of any of Parts.com® features, database, or Content. We may also impose limits on features or restrict access to certain areas of Parts.com®. The Terms may be amended at any time by posting amended Terms on Parts.com®. The amended Terms shall be effective immediately upon posting to Parts.com®. Your continued use of the website upon such changes to the Terms is considered your acceptance of such terms.
We may terminate user access or suspend any user's access to all or part of Parts.com® without notice for any conduct that we, in our sole discretion, believe violates any applicable law, reasonably believe is harmful to us or any other party, or if such party is found to have engaged in fraudulent activity in connection with Parts.com®.
The Sellers, Buyers, and Company are all independent contractors, and no employee-employer, partnership, agency, joint venture or franchisor-franchisee relationship is, or is intended to be, created by these Terms.
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