By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. PartsMarket is a Venue
PartsMarket attempts to be as accurate as possible in describing items for sale on the Site. However, PartsMarket does not warrant that product descriptions or other content of any PartsMarket Service is accurate, complete, reliable, current, or error-free. If a product offered by PartsMarket itself is not as described, your sole remedy is to return it in unused condition. For more information, please review our policies for warranty and returns.
2. Membership Eligibility
Age: PartsMarket's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. PartsMarket may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use PartsMarket's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by PartsMarket from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify PartsMarket of any unauthorized use of your password or any breach of security. You also agree that PartsMarket cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than PartsMarket without PartsMarket's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your PartsMarket account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: PartsMarket's services are not available to temporarily or indefinitely suspended PartsMarket members. PartsMarket reserves the right, in PartsMarket's sole discretion, to cancel unconfirmed or inactive accounts. PartsMarket reserves the right to refuse service to anyone, for any reason, at any time.
3. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to PartsMarket and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on PartsMarket.
Restricted Activities: Your Content and your use of PartsMarket shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including PartsMarket staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack PartsMarket or modify another website so as to falsely imply that it is associated with PartsMarket;
- Appear to create liability for PartsMarket or cause PartsMarket to lose (in whole or in part) the services of PartsMarket's ISPs or other suppliers
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on PartsMarket.
License: PartsMarket does not claim ownership rights in your Content. You grant PartsMarket a license solely to enable PartsMarket to use any information or Content you supply PartsMarket with, so that PartsMarket is not violating any rights you might have in that Content. You grant PartsMarket a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow PartsMarket to store or re-format your Content on PartsMarket and display your Content on PartsMarket in any way as PartsMarket chooses.
Re-Posting Content: By posting Content on PartsMarket, it is possible for an outside website or a third party to re-post that Content. You agree to hold PartsMarket harmless for any dispute concerning this use. If you choose to display your own PartsMarket-hosted image on another website, the image must provide a link back to its listing page on PartsMarket.
Idea Submissions: PartsMarket considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and PartsMarket shall not be liable for the disclosure or use of such Material. If, at PartsMarket's request, any member sends Material to improve the site (for example through the Forums or to customer support), PartsMarket will also consider that Material to be non-confidential and non-proprietary and PartsMarket will not be liable for use or disclosure of the Material. Any communication by you to PartsMarket is subject to this Agreement. You hereby grant and agree to grant PartsMarket, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
5. Resolution of Disputes and Release
In the event a dispute arises between you and PartsMarket, please contact PartsMarket.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and PartsMarket agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
6. PartsMarket's Intellectual Property
PartsMarket, and other PartsMarket graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PartsMarket in the U.S. and/or other countries. PartsMarket's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
7. Access and Interference
PartsMarket may contain robot exclusion headers which contain internal rules for software usage. Much of the information on PartsMarket is updated on a real-time basis and is proprietary or is licensed to PartsMarket by PartsMarket's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access PartsMarket for any purpose whatsoever without PartsMarket's prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in PartsMarket's sole discretion, an unreasonable or disproportionately large load on PartsMarket's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior express written permission of PartsMarket and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass PartsMarket's robot exclusion headers or other measures PartsMarket may use to prevent or restrict access to PartsMarket
Without limiting any other remedies, PartsMarket may, without notice, and without refunding any fees, delay or immediately remove Content, warn PartsMarket's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: PartsMarket suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; PartsMarket is unable to verify or authenticate any of your personal information or Content; or PartsMarket believes that a user is acting inconsistently with the letter or spirit of PartsMarket's policies, has engaged in improper or fraudulent activity in connection with PartsMarket or the actions may cause legal liability or financial loss to PartsMarket's users or to PartsMarket.
Customer information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without the consent of the customer, other than for the express purpose of delivering the purchased product or service requested by the customer.
For your safety and protection, your credit card information is not stored on our servers. Our payment gateway provider, Stripe, keeps this information encrypted and secure on your behalf.
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to periodic company news, updates, and/or related product or service information, etc.
If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, promotions, etc. However, you may opt-out at any time by clicking the unsubscribe link located at the bottom of the emails.
If you decide to opt-in to our SMS list, you will receive text messages that may include promotions, links, company news, updates, etc. You may opt out to any of these text messages by replying to them with the word “STOP.”
10. Limited Warranty
All parts purchased on PartsMarket are covered by our 6-Month Limited Warranty. If a part fails within 6 months of the purchase date, it will be inspected to determine the reason for failure, and the buyer shall be provided with a replacement part or a refund of the purchase price at the discretion of PartsMarket. Warranty does not include the cost of installation or removal labor, or towing. Warranty excludes damage caused by misuse, abuse, other faulty parts, improper installation, normal wear and tear, modification, collision damage, environmental damage or off-road, commercial or marine use.
THIS LIMITED WARRANTY REPRESENTS THE TOTAL LIABILITY OF PARTSMARKET, FOR ANY PART OR PRODUCT. PARTSMARKET MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PARTSMARKET SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
To make a warranty claim, please email Support@PartsMarket.com or call 1-888-717-7278 with your order number.
11. Liability Limit
IN NO EVENT SHALL PARTSMARKET, AND (AS APPLICABLE) PARTSMARKET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PARTSMARKET'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PARTSMARKET'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. PARTSMARKET'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PARTSMARKET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PARTSMARKET IN THE 2 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD PARTSMARKET AND (AS APPLICABLE) PARTSMARKET'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
13. No Guarantee
PartsMarket does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside PartsMarket's control. PARTSMARKET, PARTSMARKET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND PARTSMARKET'S SUPPLIERS PROVIDE PARTSMARKET'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
14. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any PartsMarket service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on PartsMarket's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
16. No Agency
You and PartsMarket are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. PartsMarket Service
18. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 4 (Content, License), 5 (Resolution of Dispute and Release), 6 (PartsMarket's Intellectual Property), 7 (Access and Interference), 8 (Breach), 9 (Privacy), 10 (Warranty), 11 (Liability Limit), 12 (Indemnity), 13 (No Guaranty), 15 (Severability), 16 (No Agency), 18 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to PartsMarket; Attn: Internet 404 Technologies, Inc.; 350 Townsend St; Suite 405; San Francisco, CA 94107 (in the case of PartsMarket) or, in your case, to the email address you provide to PartsMarket (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, PartsMarket may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PartsMarket. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Internet 404 Technologies, Inc., located at 450 Townsend St; Suite 405; San Francisco, CA 94107. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.