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Terms & Condition

Terms of Use: January 1, 2014

Parts4Sale.com (“we” or “our” or “Website”) is the owner and operator of this Website. This Website provides e-commerce storefront services (“the Services” or “Services) to an automobile dealership.

The Parts4Sale.com Website includes all pages under the Website’s domain uniform resource locator (URL) and any related resources. Any access or use of this Website constitutes acceptance of the terms contained herein. Therefore, you are encouraged to read this agreement carefully before accessing or using any of the Services provided by Parts4Sale.com. The Parts4Sale.com Terms of Use agreement (“Agreement”), contained herein, constitutes a binding and enforceable Agreement between you and Parts4Sale.com. By using our Website you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Website. 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING A USER’S OR DEALER’S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OCURRS SHOULD THESE TERMS OF USE CHANGE. 

Dealers and Users:
The term “Dealers” as contained herein, refers to automobile dealerships that provide Parts4Sale.com content to be displayed on our Website and to whom Parts4Sale.com provides Services. Dealers may be required to agree to terms and conditions that are in addition to this Agreement. Where such additional terms and conditions are required then this Agreement will be incorporated by reference into the subsequent agreement. Where clauses between said agreements conflict, the subsequent agreement into which this Agreement is incorporated supersedes. 
 The term “Users” as contained herein, refers to the consuming public that accesses or uses our Website via the public Internet to purchase automobile parts from a Dealer. Users have no capability of directly adding content to our Website. The “User” designation also attaches to any party that gains access to our Website via our publicly available URLs and is a consumer of the information contained therein. 

Terms of Use Modifications:
Parts4Sale.com reserves the right to change or revise this Agreement at any time by posting a notification of changes on the registration page of our Website. No notification of such revisions will be made known by any other mechanism. Parts4Sale.com will notify you of revision dates by posting the last revised date preceding the first paragraph of this Agreement. The revised Agreement will take effect immediately after it has been posted on our Website. Once you click on “I Agree” to accept this Agreement during the registration process, then an enforceable Agreement exists between you and Parts4Sale.com . Your continued use of our Website after the posting of a modification notification and clicking “I Agree” will signify your acceptance of any such changes or revisions to this Agreement. If this Agreement changes in any material way with respect to terms and conditions that apply to a Dealer, then the Dealer will be notified to re-register on our Website and click on the “I Agree” button that corresponds to acceptance of the modifications. Otherwise no such re-registration will be required. During registration Parts4Sale.com logs the last revised date of this Agreement with the other information provided by a User or Dealer. Parts4Sale.com uses this mechanism to determine the version of this Agreement under which a User or Dealer registered. This is done so that the correct and accurate version of this Agreement, used during registration, can be produced should a dispute subsequently arise wherein a specific version of this Agreement becomes relevant. 

Dealer Content:
You, as a Dealer, retain all ownership rights to content which you are a lawful owner or licensee of (“Dealer Content”) and which you make available on the Parts4Sale.com Website via whatever mechanism that Parts4Sale.com provides, excluding such items defined as Transmissions (see below) and subject to any other rights granted to Parts4Sale.com under this Agreement. However, by submitting Dealer Content to Parts4Sale.com, you grant Parts4Sale.com a nonexclusive, worldwide, transferable and fully paid license to copy, crop, reproduce, reformat, translate, publicly display, excerpt (in whole or in part) and distribute your Dealer Content for any purpose, commercial or otherwise. In addition, the license you grant includes rights that allow Parts4Sale.com to create derivative works, or incorporate your Dealer Content into other works, as Parts4Sale.com sees fit. The license expires when we remove your Dealer Content from our Website. However, Parts4Sale.com requires, and you acknowledge and agree, that Parts4Sale.com may retain archived copies of such content. 
 Dealer represents, warrants, and guarantees that Dealer has the full right, ability, and authority to make available on Parts4Sale.com ’s Website, by whatever mechanism Parts4Sale.com provides, your Dealer Content. Dealer further represents, warrants, and guarantees that by making available any Dealer Content on Parts4Sale.com ’s Website, Dealer is not violating any obligation owed by Dealer to any third party, including without limitation obligations of confidentiality, privacy, attribution or any intellectual property rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets. 

Availability, Restrictions, and Licensing of Parts Databases:
Parts4Sale.com makes available, and provides access to, various parts databases (“Databases”) to Users of this Website on behalf of a Dealer. Dealers and Users (collectively “you” or “your”) agree that you shall not, and shall not permit others, including but not limited to third parties, to directly or indirectly (i) alter or copy in any form or medium all or any part of the Databases, nor make such data part of any electronic retrieval system; (ii) create any derivative work from, or adaptation of, the Databases; (iii) use the Databases to facilitate the generation of collision repair estimates; (iv) lease, license, sell, or otherwise publish, communicate, distribute or display to third parties in any form or medium all or any part of the Databases, (v) create any publications, in electronic, printed or other format, based in whole or in part on data from the Databases, alone or in combination with any other data; (vi) download the Databases or transmit the Databases electronically by any means; (vii) remove any product identification, copyright, trademark or other notice from the Databases or any documentation related to the Databases; (viii) use any graphics contained in the Databases other than as specifically granted herein; or (ix) reverse engineer, reverse assemble, or reverse compile the Databases; (x) Parts4Sale.com in its sole judgment shall be entitled to discontinue providing any proprietary data from the Databases in the event it is, for any reason, not available or in the event any OEM imposes commercially unreasonable fees or restrictions on use of such data. 
You agree that the data in the Databases contains confidential information, and that Parts4Sale.com and/or it licensors owns all rights in the Databases and the data contained therein, including without limitation all copyright and other proprietary rights. You agree to keep confidential and use your best efforts to prevent and protect the Databases from unauthorized disclosure or use. You agree that the confidentiality obligations shall survive termination of this Agreement. 

 Parts4Sale.com hereby grants you a nontransferable, non-exclusive, limited license to access and use the Databases, including any updates provided by Parts4Sale.com on a vehicle-by-vehicle look-up basis, for application reference only, in accordance with the terms and conditions of this Agreement. 

Limited License to Information Other Than Databases:
All content on our Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Information"), are the proprietary property of Parts4Sale.com, its Dealers or its licensors with all rights reserved. If you are in compliance with this Agreement, then you are granted a limited license to use and access our Website and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact. 
 As pertaining to all the Information, except for Dealer Content in as much as you are the Dealer to whom Parts4Sale.com is providing its Services via this Website, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation. Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Website. 
 Absent prior written consent from Parts4Sale.com, you may not copy or imitate any elements of our Website, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from Parts4Sale.com, you may not use framing, metatags, or hidden text techniques in association with the Parts4Sale.com logo, trademark or other copyrighted or proprietary information. Unless expressly stated in this Agreement, nothing herein shall be construed as conferring any license to intellectual property rights, in any form and by any mechanism. The Parts4Sale.com limited license is revocable at any time without notice, with or without cause. 

Restricted Rights:
Parts4Sale.com grants you only RESTRICTED RIGHTS regarding use of the Information and Databases our Website. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) (ii) of The Rights in Technical Data and Commercial Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is Parts4Sale.com, PO Box 337, Fruitland Park, FL 34731. 

Transmissions:
You acknowledge that transmissions by you to and from our Website (“Transmissions”) are non-confidential, and that others may read and/or intercept such Transmissions. Transmissions may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about our Website provided by you to Parts4Sale.com. Parts4Sale.com has the right, but not the obligation, at its sole discretion, to review any Transmissions using our Website and to edit or delete any Transmissions that violate any part of this Agreement. You hereby consent to Parts4Sale.com ’s collection and use of such Transmissions in accordance with Parts4Sale.com 's then current Privacy Policy and acknowledge that submitting Transmissions to our Website creates no financial or fiduciary relationship between you and Parts4Sale.com. 
By using our Website, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to Parts4Sale.com. Accordingly, Parts4Sale.com shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to our Website, you irrevocably waive all "moral rights" in such Transmissions. 

Indemnification:
You agree to defend, indemnify, and hold Parts4Sale.com, its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to your use of our Website, including but not limited to: (1) your submission to our Website of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity. 

Limitations of Liability:
IN NO EVENT SHALL PARTS4SALE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR WEBSITE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF PARTS4SALE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, PARTS4SALE.COM ‘S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO PARTS4SALE.COM IN EXCHANGE FOR PARTS4SALE.COM ’S SERVICES OR FOR PARTS4SALE.COM ALLOWING YOU TO ACCESS AND USE OUR WEBSITE DURING THE PRECEDING THREE MONTH PERIOD PRIOR TO YOU FILING AN INITIAL CAUSE OF ACTION. 

DISCLAIMER:
YOU ACKNOWLEDGE THAT OUR WEBSITE, AND THE DATABASES AND INFORMATION THEREIN, ARE PROVIDED ON AN "AS IS" BASIS AND THAT PARTS4SALE.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR WEBSITE, DATABASES OR THE INFORMATION. PARTS4SALE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING, OR ATTEMPTING TO USE, OUR WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING: (1) THE INFORMATION OR DATABASES COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) PARTS4SALE.COM DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION OR DATABASES; AND (3) PARTS4SALE.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY RELATED SERVERS ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT. 
PARTS4SALE.COM MAY PERIODICALLY CHANGE ANY CONTENT / INFORMATION OR DATABASE ON OUR WEBSITE. PARTS4SALE.COM RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE ON OUR WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY PARTS4SALE.COM ’S ENDORSEMENT OR SPONSORSHIP THEREOF. 

Links: 
Our Website includes hypertext links to other websites over which Parts4Sale.com has no control. Parts4Sale.com makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against Parts4Sale.com regarding such websites and must adhere to the usage and privacy policies governing such sites. Parts4Sale.com ’s usage of links does not imply our endorsement, or sponsorship, of any such websites. 

Copyright: 
Parts4Sale.com respects the intellectual property rights of others and requires Parts4Sale.com ’s Dealers to do likewise. Therefore, Parts4Sale.com prohibits its Dealers from making available, in whatever form and by whatever mechanism, content on our Website that infringes upon any party’s intellectual property rights. Parts4Sale.com has the right to terminate the display of any infringing Dealer Content and will take steps to do so immediately upon proper notification and in compliance with applicable law. 
Specifically, Parts4Sale.com will strictly comply with the requirements of the Digital Millennium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on this Website then you may send a written notification of such infringement to our Designated Agent as set forth below. 

Copyright Infringement Notification: 


Parts4Sale.com has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to our Website. You must submit all such notifications, in a manner consistent with the DMCA, to Parts4Sale.com ’s Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from our Website, you must send a counter notification to Parts4Sale.com ’s Designated Agent in a similar DMCA compliant manner. 
Send all DMCA compliant notifications to:
Website Content Provider: Parts4Sale.com
Parts4Sale.com 
Address: 517 North Mountain Ave. Upland CA 91786
Phone: 909.666.7581
Email: policies@Parts4Sale.com

Trademark: 
All trademarks used on our Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, Parts4Sale.com, and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Website are trademarks of Parts4Sale.com and/or its affiliates or Dealers. Absent prior written consent from Parts4Sale.com, you may not copy, imitate, or use any portion of these marks. 

Data Collection: 
Your Transmissions are subject to Parts4Sale.com ’s Privacy Policy. By using or accessing our Website you agree to review the Parts4Sale.com Privacy Policy and to be bound by its terms and conditions. From time to time Parts4Sale.com may change its Privacy Policy without notice to you, other than that provided for in the Policy. Your continued use of our Website, after the posting of any changes to said Policy, shall constitute your agreement and acceptance of such changes. You can opt out of our Privacy Policy by terminating this Agreement as described herein. 
Parts4Sale.com does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 13, with or without parental consent. If you have a good faith belief that Parts4Sale.com has inadvertently collected such information, please contact Parts4Sale.com at policies@Parts4Sale.com . Parts4Sale.com will take immediate steps to remove such information from our Website, databases and any other data stores under Parts4Sale.com ’s control. 

Site Monitoring: 
You acknowledge that you are solely responsible for all of your activities in relationship to our Website, including the contents of all Transmissions and the consequences thereof. You agree to indemnify, defend, and hold Parts4Sale.com harmless from any liability arising from your use of our Website. While Parts4Sale.com respects your privacy, your hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Transmissions. Parts4Sale.com may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (SPAM). You may not use our Website in association with such SPAM, any computer viruses, or any other potentially damaging computer code. Parts4Sale.com will prosecute violations to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to our Website as well as loss of profits, damages, court costs, and attorney fees associated with the repair of any damaged property. 

Governing Law: 
For Users, this is the entire Agreement between you and Parts4Sale.com relating to your use of our Website. Dealers may have additional terms and conditions that apply. In either case, the laws of the State of Florida, United States of America, shall govern this Agreement, or any subsequent agreement into which this Agreement is incorporated, and the Parts4Sale.com Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Parts4Sale.com Privacy Policy, or any subsequent agreement between you and Parts4Sale.com that incorporates this Agreement, other than those disputes or claims subject to Arbitration as enumerated below, shall be filed only in state or federal court located in the State of Florida, in a venue most proximate to Orlando, Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action. 

Arbitration: 
Any claim or controversy arising among or between the parties hereto pertaining to our Website, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or in any subsequent agreement into which this Agreement is incorporated, or any differences as to the interpretation or performance of any of the provisions of this Agreement or subsequent agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, shall be settled by arbitration in the State of Florida, and such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules. 
Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and Parts4Sale.com jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party’s intellectual property rights or wherein the claim or controversy arises out of your violation of Parts4Sale.com ’s Dealer Content restrictions. If either of the aforementioned potentialities occurs then it is agreed that injunctive relief or other appropriate relief may be sought. 
In any arbitration involving this Agreement, or in any subsequent agreement into which this Agreement is incorporated, the arbitrators shall not make any award which will alter, change, cancel or rescind any provision of this Agreement or subsequent agreement, and their award shall be consistent with the provisions of this Agreement or subsequent agreement. Any such arbitration must be commenced no later than three (3) years from the date such claim or controversy arose, or such claim shall be deemed to have been waived. The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction. 

Termination: 
Either you or Parts4Sale.com may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from our Website. Parts4Sale.com may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Website. Should Parts4Sale.com decide to terminate this Agreement it will delete any Dealer Content you have submitted to our Website. Where Dealers have entered into an additional agreement with Parts4Sale.com, that agreement’s termination clause is controlling. 

Severability: 
If any portion of this Agreement, or any subsequent agreement into which this Agreement is incorporated, or any portion of the Parts4Sale.com Privacy Policy, is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof. 

Definitions and Constructions: 
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.