TERMS AND CONDITIONS
THE FOLLOWING ARE THE TERMS AND CONDITIONS UPON WHICH AUTOPARTS REMARKETING OFFERS YOU ACCESS TO OUR AUTOPARTS REMARKETING WEBSITE AND/OR ANY SERVICES PROVIDED BY AUTOPARTS REMARKETING ON OUR AUTOPARTS REMARKETING WEBSITE. BY USING OUR AUTOPARTS REMARKETING WEBSITE AND/OR ANY SERVICES PROVIDED BY AUTOPARTS REMARKETING ON OUR AUTOPARTS REMARKETING WEBSITE (INCLUDING, WITHOUT LIMITATION, CONDUCTING ANY SEARCHES THEREON), YOU AGREE TO THESE TERMS AND CONDITIONS.
This Autoparts Remarketing Website User Agreement describes the terms and conditions that apply when you use: (a) our Autoparts Remarketing Website (as defined below); and/or (b) any Autoparts Remarketing Website Service (as defined below). “Autoparts Remarketing Website” shall mean any website from which the Autoparts Remarketing Services can be accessed (including, without limitation, Autoparts Remarketing the various web pages which make up such websites, and any and all intellectual property, information, and other content incorporated into and/or displayed on any such pages of such websites (including, without limitation, html, graphics, software, and algorithms). “Autoparts Remarketing Website Service” shall mean: (i) any service provided by Autoparts Remarketing on the Autoparts Remarketing Website (including, without limitation, parts locating searches and our “Live Service” instant messaging interface); and (ii) any and all intellectual property, systems, software, algorithms, graphics, information, data, and content used to provide any service provided on the Autoparts Remarketing Website (including, without limitation, interchange data and databases, VIN decoders, mapping tables, part and model names, inventory parts data and databases, parts seller services data (including without limitation delivery, warranty, and certification data), and other data and databases). We have the right to amend this Autoparts Remarketing Website User Agreement at any time (and the amended Autoparts Remarketing Website User Agreement will be effective immediately upon being posted on our site). Please see Section 18 below for more information regarding our ability to amend this Autoparts Remarketing Website User Agreement. As used herein: (1) "we," “us” and "our" refer to Autoparts Remarketing; and (2) "you" refers to the user of this site.
1. Permitted Users of Our Autoparts Remarketing Website and AutopartsRemarketing.com Website Services. Only legal entities and individuals who can form legally binding contracts under applicable law are permitted to use our Autoparts Remarketing Website and/or any Autoparts Remarketing Website Service. In addition, individuals desiring to use our Autoparts Remarketing Website and/or any Autoparts Remarketing Website Service must be at least 18 years old.
2. Separate Agreement for Parts Sellers Using Our Autoparts Remarketing Website; Additional Applicable Terms. This Autoparts Remarketing Website User Agreement applies to all users of our Autoparts Remarketing Website and all users of any Autoparts Remarketing Website Service. As a result, this Autoparts Remarketing Website User Agreement applies to parts sellers when they access or use the Autoparts Remarketing Website or any of the Autoparts Remarketing Website Services. However, this Autoparts Remarketing Website User Agreement does not apply to or govern the relationship between Autoparts Remarketing and parts sellers as regards the display of their inventory on our sites (including, without limitation, the Autoparts Remarketing Website). Separate contracts govern the relationship between Autoparts Remarketing and parts sellers regarding the display of their inventory on our sites (including, without limitation, the Autoparts Remarketing Website). The terms of this Autoparts Remarketing Website User Agreement are in addition to (but do not amend or modify) the relationship between Autoparts Remarketing and such parts sellers regarding the display of their inventory on our sites (including, without limitation, the Autoparts Remarketing Website) as set forth in such separate contracts. If you are a parts seller that wants to display your inventory on our Autoparts Remarketing Pro site, please contact us at support@autopartsremarketing.com for more information (including, without limitation, a copy of the contracts that govern the relationship between Autoparts Remarketing and parts sellers regarding the display of their inventory on our sites (including, without limitation, our Autoparts Remarketing Website)).
3. Fees for Use of Our Autoparts Remarketing Website and Autoparts Remarketing Website Services. Currently, we allow users to search for parts on our Autoparts Remarketing Website and use the Autoparts Remarketing Website Services (including, without limitation, the “Live Service” instant messaging interface which allows users to contact part sellers from the Autoparts Remarketing Website) free of charge. We retain the right to begin charging a fee (and to modify the fees charged) to use our Autoparts Remarketing Website and/or any Autoparts Remarketing Website Service at any time.
4. All Transactions are Solely between Parts Seller and Buyer. Our Autoparts Remarketing Website acts as a location for parts sellers to display their inventory and for buyers to locate parts, order parts, and/or contact sellers in order to purchase parts. We are not a party to the actual transaction between buyers and sellers. As a result, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS, OR THE ABILITY OF BUYERS TO BUY ITEMS. YOU AGREE THAT ALL PURCHASE AGREEMENTS ARE DIRECTLY BETWEEN YOU AND THE SELLER OF THE PARTS. WE MAKE NO WARRANTY, AND HAVE NO LIABILITY WHATSOEVER, WITH RESPECT TO THOSE AGREEMENTS. We cannot ensure that a buyer or seller will actually complete a transaction. You should look to the seller for any refunds, credits or adjustments to a transaction. WE ASSUME NO RESPONSIBILITY, AND OFFER NO WARRANTY WHATSOEVER, REGARDING (1) YOUR TRANSACTION WITH ANY SELLER(S), (2) ANY PARTS YOU PURCHASE FROM A SELLER, OR (3) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD INFORMATION) THAT YOU GIVE TO A SELLER.
5. Parts Information Provided by Parts Sellers. The information that you receive on our site in response to a parts search is information that we have received from parts sellers. We do not review or verify that information for truth or accuracy. Use common sense and practice safe purchasing when using our site.
6. Information Provided or Sent by Users. You agree that any information that you provide or communicate to others in connection with (or as a result of) using our Autoparts Remarketing Website or any Autoparts Remarketing Website Service (whether by email, instant messaging, the Live Service instant messaging interface, voice, or otherwise) will be true, correct, and complete and will comply with all applicable laws. By way of example, and not of limitation, you shall not post or send to others anything that (a) is fraudulent, (b) infringes any third party's contractual or intellectual property rights (including, without limitation, their copyright, patent, trademark or trade secret rights), (c) is defamatory, libelous or threatening or harassing, (d) is obscene, or (e) contains any viruses or other computer code that is intended to damage or disrupt any system or that intercepts or expropriates any data or information.
7. Intellectual Property Rights; No Copying or Sublicensing Allowed. Our Autoparts Remarketing Website and the Autoparts Remarketing Website Services are proprietary. Our Autoparts Remarketing Website and the Autoparts Remarketing Website Services shall remain the sole and exclusive property of Autoparts Remarketing and/or the recycler(s) providing the inventory data used to provide any Autoparts Remarketing Website Service. You do not acquire any right, title or interest in or to our Autoparts Remarketing Website or any Autoparts Remarketing Website Service as a result of using our Autoparts Remarketing Website and/or any Autoparts Remarketing Website Service. Other than manually copying and pasting an individual part description displayed in the results of a part search or manually printing a Autoparts Remarketing Pro search results page, you agree not to reproduce, duplicate, copy, sell, resell, decompile, reserve engineer, or exploit for any commercial or other purpose, any portion of our Autoparts Remarketing Website or any Autoparts Remarketing Website Service. Furthermore, you do not have the right to: (a) sublicense the use of our Autoparts Remarketing Website or any Autoparts Remarketing Website Service; (b) use our Autoparts Remarketing Website or any Autoparts Remarketing Website Service on behalf of another person; or (c) provide (or attempt to provide) access to our Autoparts Remarketing Website or any Autoparts Remarketing Website Service to any other person.
Autoparts Remarketing owns any and all data it collects from the use of its websites and/or services (including, without limitation, data or information regarding the relationship between vehicle identification numbers and the parts included in such vehicle) (such data being referred to as “Collected Data”). Autoparts Remarketing has the unlimited right to collect Collected Data, use the Collected Data, combine the Collected Data with other information, prepare works based upon the Collected Data, include or incorporate Collected Data into the products or services of Autoparts Remarketing or any of its affiliates, and otherwise use the Collected Data to enhance any of the products or services of Autoparts Remarketing or any of its affiliates.
We
are the sole owners of the copyright and trademarks for the Autoparts Remarketing Website and Autoparts Remarketing Website Services. You are not authorized to use our trademarks in any advertising, publicity, or in any other commercial manner without our prior written consent, which we may withhold in our sole discretion.
8. Your Consent to Our Privacy Policy. Our privacy policy is a part of this Autoparts Remarketing Website User Agreement. By using our Autoparts Remarketing Website or any Autoparts Remarketing Website Service, you agree to the terms of our privacy policy.
9. Autoparts Remarketing Website Service Provided "As Is". YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR AUTOPARTS REMARKETING WEBSITE AND THE AUTOPARTS REMARKETING WEBSITE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. No Warranty for the Accuracy or Use of Parts Data or Parts Locating Services. The parts locating services provided on our Autoparts Remarketing Website are provided to assist you in locating possible sources for parts and possible descriptions for parts. WE DO NOT WARRANT OR GUARANTEE THE AVAILABILITY OR THE ACCURACY OF ANY PART, ANY INTERCHANGE APPLICATION, OR ANY INTERCHANGE DESCRIPTION THAT MAY BE PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF OUR AUTOPARTS REMARKETING WEBSITE OR ANY AUTOPARTS REMARKETING WEBSITE SERVICE.
11. No Warranty or Liability Regarding Information Provided by Sellers. All of the information that you receive in connection with our Autoparts Remarketing Website and/or any Autoparts Remarketing Website Service is information that has been provided by the seller(s) of the part(s) in question. As a result, WE DO NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION THAT IS PROVIDED TO YOU BY ANY SELLER.
12. Indemnification. You agree to indemnify and hold us harmless from any claim or demand (including, without limitation, reasonable attorneys' fees) made by any third party due to or arising out of your violation of this Autoparts Remarketing Website User Agreement, your violation of any law, your use of our Autoparts Remarketing Website or any Autoparts Remarketing Website Service, any information you provided through our Autoparts Remarketing Website, or any transaction between you and any part seller (or other third party).
13. Limitations on Our Liability. WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OUR AUTOPARTS REMARKETING WEBSITE OR ANY AUTOPARTS REMARKETING WEBSITE SERVICE. THE AGGREGATE MAXIMUM LIABILITY OF AUTOPARTS REMARKETING (AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) FOR ALL CLAIMS ARISING OUT OF YOUR USE OF OUR AUTOPARTS REMARKETING WEBSITE AND/OR ANY AUTOPARTS REMARKETING WEBSITE SERVICE SHALL NOT EXCEED $100.
14. Your Interactions with Other Users of Our Autoparts Remarketing Website and/or Any Autoparts Remarketing Website Service. You are solely responsible for your interactions with other users of our Autoparts Remarketing Website and/or any Autoparts Remarketing Website Service. We are not responsible for and shall not be liable for your interactions with other users, or for any user’s action or inaction.
15. Our Ability to Terminate Your Use of Our Autoparts Remarketing Website and Autoparts Remarketing Website Services. We may terminate your use of our Autoparts Remarketing Website and/or any Autoparts Remarketing Website Service for any reason and at any time.
16. Disputes. You agree that any dispute between you and us arising out of or relating to your use of our Autoparts Remarketing Website or any Autoparts Remarketing Website Service will be governed by the laws of the State of California, without regard to conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Orange County, California with respect to any such dispute.
17. Our Right to Amend This Autoparts Remarketing Website User Agreement. We have the right to amend this Autoparts Remarketing Website User Agreement at any time and without notice to you. By using our Autoparts Remarketing Website and/or any Autoparts Remarketing Website Service, you agree to be bound by the then-current version of this Autoparts Remarketing Website User Agreement.
18. General Terms. Our failure to enforce any right or provision of this Autoparts Remarketing Website User Agreement shall not constitute a waiver of such right or provision. If any provision of this Autoparts Remarketing Website User Agreement is held to be invalid or unenforceable, the remaining provisions of this Autoparts Remarketing Website User Agreement shall remain in full force and effect. This Autoparts Remarketing Website User Agreement constitutes the entire agreement between you and us regarding your use of our Autoparts Remarketing Website and Autoparts Remarketing Website Services, and supersedes all prior agreements (if any) between you and us regarding your use of our Autoparts Remarketing Website and/or Autoparts Remarketing Website Services. If you have any questions regarding this Autoparts Remarketing Website User Agreement, please contact us at support@autopartsremarketing.com.
I HAVE READ THIS AUTOPARTS REMARKETING WEBSITE USER AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
This agreement sets the terms and conditions for using the AutoParts Remarketing website, its services, and the relationship between users and AutoParts Remarketing. It specifies that users must be at least 18 years old, covers fees, transactions, intellectual property rights, privacy policy, and disclaimers of warranty and liability. Users agree to indemnify AutoParts Remarketing for claims arising from their use of the site, and the agreement allows AutoParts Remarketing to terminate users' access and amend the agreement at any time. Disputes are to be resolved under California law.