|
|
The following are terms of a legal agreement between you and Parts Now! LLC
("Parts Now!"). By accessing, browsing and/or using this site ("Site"), you
acknowledge that you have read, understood, and agree, to be bound by these
terms and to comply with all applicable laws and regulations, including U.S.
export and re-export control laws and regulations. If you do not agree to these
terms, do not use this Site. The material provided on this Site is protected by
law, including, but not limited to, United States Copyright Law and
international treaties. This Site is controlled and operated by Parts Now! from
its offices within the United States. Parts Now! makes no representation that
materials in the Site are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal is
prohibited. Those who choose to access this Site from other locations do so on
their own initiative and are responsible for compliance with applicable local
laws. Parts Now! has no duty to update this Site or the materials on this Site
and Parts Now! shall not be liable for any failure to update the Site or such
materials.
This Agreement has been made in and shall be construed and enforced in
accordance with Wisconsin law. Any action to enforce this agreement shall be
brought exclusively in the federal or state courts located in Madison,
Wisconsin. You consent to the personal jurisdiction of such courts.
You are solely responsible for maintaining the secrecy of your passwords.
The copyright in all material provided on this Site is held by Parts Now! or by
the original creator of the material. Except as explicitly stated herein, none
of the material may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of Parts Now! or the copyright owner.
Permission is granted to display, copy, distribute and download the materials on
this Site for personal, non-commercial use only, provided you do not modify,
copy or distribute the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded and printed materials. You also may
not, without Parts Now!'s permission, "mirror" any material contained on this
Site on any other server. Any unauthorized use of any material contained on this
Site may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes. You agree not to reverse
engineer, hack, "spam," block, disrupt, or otherwise change or alter the Site,
and to do so may subject you to legal liability. Parts Now! will, in its sole
discretion, take all appropriate legal action and recourse for violations
hereof.
Organization/Corporate users of the Site are responsible for their employees,
directors, officers, and agents as users of this Site, and are specifically
responsible and liable for any and all damages created thereby, and for
notifying Parts Now! of the termination of said user's authorization to use this
Site. Organization/Corporate users are also responsible and liable to pay for
all goods and services purchased through use of this Site. If you purchase
products through this site and issue a purchase order, your purchase orders will
be accepted by Parts Now! for accounting convenience only. No terms or
conditions contained in any purchase order shall amend this Agreement or the
information you have submitted to Parts Now! via your online order, or shall
otherwise constitute an agreement between the parties.
Fulfillment of all web-based orders purchased on account is contingent upon
possession of a sufficient credit limit with Parts Now!.
The materials on this Site are provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the Government is subject to restrictions as set
forth in applicable laws and regulations. Use of the materials by the Government
constitutes acknowledgment of Parts Now!'s proprietary rights in them.
A partial list of U.S. Trademarks owned by Parts Now! follows. Any questions
concerning the use of these Trademarks or whether a Trademark that does not
appear on this list is a Trademark of Parts Now! should be referred to Parts
Now! at U.S. 1-608-276-8688. The Trademarks followed by an asterisk (*) are
registered trademarks of Parts Now!.
Mark : Type
An inventory of solutions : Service Mark
Parts Now! : Registered Trademark
Parts Now! (with stylized clock) : Registered Trademark
Service Today : Registered Service Mark
THIS SITE AND ANY MATERIALS, DATA OR INFORMATION OF ANY KIND CONTAINED ON THIS
SITE ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND. Parts Now!
MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES REGARDING THE ACCURACY,
RELIABILITY, CONFIDENTIALITY (EXCEPT AS SET FORTH BY SPECIFIC WRITTEN AGREEMENT)
OR COMPLETENESS OF SUCH MATERIALS, DATA AND INFORMATION OR OF THIS SITE, AND, TO
THE EXTENT PERMISSIBLE BY LAW, Parts Now! DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE RELATED TO THIS SITE AND ANY MATERIALS, DATA OR INFORMATION
CONTAINED ON THIS SITE. FURTHER, Parts Now! DOES NOT WARRANT OR REPRESENT THAT
THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE IS ERROR-FREE OR THAT THE
SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION,
COMPUTER "VIRUSES", "WORMS", "BUGS", "TIME BOMBS", OR ANY OTHER SIMILAR PROBLEMS
AND/OR DEFECTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Parts
Now! BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF
THE USE, OR THE INABILITY TO USE, THE MATERIALS OR LINKDS ON THIS SITE, EVEN IF
Parts Now! OR A Parts Now! AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE
LINKS ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. 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 represent, warrant and covenant (a) that no materials of any kind submitted
by you will (i) violate, plagiarize, or infringe upon the rights of any third
party, including copyright, trademark, privacy or other personal or proprietary
rights; or (ii) contain libelous or otherwise unlawful material; and (b) that
you are at least eighteen years old. You hereby indemnify, defend and hold
harmless Parts Now!, and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all liability and costs, including, without
limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you (or any user of your
account) of this Agreement or the foregoing representations, warranties and
covenants. You shall cooperate as fully as reasonably required in the defense of
any such claim. Parts Now!, reserves the right to assume the exclusive defense
and control of any matter subject to indemnification by you.
Any material, information or idea you transmit to or post on this Site by any
means will be treated as non-confidential and non-proprietary, and may be
disseminated or used by Parts Now! or its affiliates for any purpose whatsoever,
including, but not limited to, developing, manufacturing and marketing products.
Notwithstanding the foregoing, all personal data provided to Parts Now! will be
handled in accordance with Parts Now!'s Online Privacy Practices. You are
prohibited from posting or transmitting to or from this Site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other material that could give rise to
any civil or criminal liability under the law.
Parts Now! may at any time revise these Terms of Use by updating this posting.
By using this Site, you agree to be bound by any such revisions and should agree
to regularly visit this page to determine the then current Terms of Use to which
you are bound.
Official correspondence concerning this site must be sent to:
webmaster@partsnow.com
|
|