Car-Part.com--Used Auto Parts Market

Website User Agreement

THE FOLLOWING ARE THE TERMS AND CONDITIONS UPON WHICH CAR-PART.COM OFFERS YOU ACCESS TO OUR SITE AND/OR ANY SERVICES PROVIDED BY CAR-PART.COM ON OUR SITE. BY USING OUR SITE AND/OR ANY SERVICES PROVIDED BY CAR-PART.COM ON OUR SITE (INCLUDING, WITHOUT LIMITATION, CONDUCTING ANY SEARCHES THEREON), YOU AGREE TO THESE TERMS AND CONDITIONS.

This Website User Agreement describes the terms and conditions that apply when you use our site and/or any service provided by Car-Part.com on our site (including, without limitation, parts locating searches). We have the right to amend this Website User Agreement at any time (and the amended 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 Website User Agreement. As used herein: (a) "we," "us" and "our" refer to Car-Part.com; and (b) "you" refers to the user of this site (except for the exclusion of parts sellers using the site as provided in Section 2 below).

1.  Permitted Users of Our Site.  Only legal entities and individuals who can form legally binding contracts under applicable law are permitted to use our site and/or any service provided by Car-Part.com on the site. In addition, individuals desiring to use our site and/or any service provided by Car-Part.com on the site must be at least 18 years old.

2.  Separate Agreement for Parts Sellers Using Our Site.  This Website User Agreement applies to all users of our site and all users of any service provided by Car-Part.com on the site. However, separate contracts govern the relationship between Car-Part.com and parts sellers that display their inventory on our site. The terms of this Website User Agreement are not applicable to (and do not amend or modify) the relationship between Car-Part.com and such parts sellers as set forth in such separate contracts. If you are a parts seller who wants to display your inventory on our site, please contact us at sales@car-part.com for more information (including, without limitation, a copy of the contracts that govern the relationship between Car-Part.com and parts sellers that display their inventory on our site).

3.  Fees for Use of Our Site.  Currently, we allow users to search for parts on our site and contact part sellers through our site free of charge. We retain the right to begin charging a fee for the use of our site and/or any service provided by Car-Part.com on the site at any time.

4.  All Transactions are Solely between Parts Seller and Buyer.  Our site acts as a location for parts sellers to display their inventory and for buyers to contact sellers in order to purchase parts. We are not involved in 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 Posted or Sent by Users.  You agree that any information that you post on our site or send to others when using our site (whether by email, instant messaging 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 site contains content and systems that are proprietary. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or other purpose, any portion of our site (or any of the content contained thereon) or any service provided by Car-Part.com on the site. Furthermore, you do not have the right to: (a) sublicense the use of our site (or any of the content contained thereon) and/or or any service provided by Car-Part.com on the site the service; (b) use our site (or any of the content contained thereon) and/or or any service provided by Car-Part.com on the site the service on behalf of another person; or (c) provide (or attempt to provide) access to our site (or any of the content contained thereon) and/or or any service provided by Car-Part.com on the site to any other person.

We respect the intellectual property of others and we ask users of our site, parts sellers and others to do so as well. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in the manner stated in Section 16 of this Website User Agreement, or email us at sales@car-part.com.

8.  Our Right to Terminate Access to Site.  We reserve the right to choose not to deal with any person for any reason (or for no reason whatsoever). Without limiting that right, we may immediately suspend (either for a set period of time or indefinitely) or terminate your right to access or use our site and/or any service provided by Car-Part.com on the site if (a) you breach any provision of this Website User Agreement, (b) we are unable to verify or authenticate any information that you provide to us, or (c) we believe that your actions may result in legal liability for you, for any of our other customers (including, without limitation, other users of our site or parts sellers displaying their inventory on our site, or for Car-Part.com.

9.  Site Provided "As Is"; Disclaimer of Warranties.  OUR SITE AND ANY SERVICE PROVIDED BY CAR-PART.COM ON OUR SITE ARE PROVIDED TO YOU STRICTLY AT YOUR SOLE RISK, ON AN "AS IS," WHEN-AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES) RELATING TO YOUR USE OF OUR SITE AND/OR ANY SERVICE PROVIDED BY CAR-PART.COM ON THE SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

10.   Links to Other Sites.  We may provide, or third parties may provide, links to other World Wide Web sites or resources. We have no control over (and do not endorse) such sites or resources and, as a result, you agree that we are not responsible or liable for (a) the availability (or lack of availability) of any such sites or resources, or (b) any content, advertising, products, services or other materials contained on (or accessible or available from or through) any such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused (or alleged to have been caused) by or in connection with your use of (or reliance upon) any content, advertising, products, services or other materials that are contained on (or accessible or available from or through) any such sites or resources.

11.   Permitted Manner of Access.  You understand, acknowledge, and agree that our site is designed to be used manually and you shall not use our site (or any of the content contained thereon) or any service provided by Car-Part.com on the site in any other manner (i.e. via electronic, software or other automated connection) without Car-Part.com's prior written consent. Furthermore, you agree not to interact with our site (or any of the content contained thereon) or any service provided by Car-Part.com with any software other than a standard commercial web browser (such as Internet Explorer or Firefox).

12.   Permitted Purpose for Using Our Site.  You may only use our site (or any of the content contained thereon) and/or any service provided by Car-Part.com on the site (including, without limitation, the data derived from searches on our site) in connection with locating and purchasing recycled auto parts from parts sellers that display their inventory on our site. Any other use of our site (or any of the content contained thereon) or any service provided by Car-Part.com on the site (including, without limitation, the data derived from searches on our site) is strictly prohibited. By way of example (and not of limitation) the use of our site (or any of the content contained thereon) or any service provided by Car-Part.com on the site (including, without limitation, the data derived from searches on our site) for any of the following purposes is prohibited: (a) use in connection with any e-commerce application; (b) providing any bulk information about the pricing or availability of parts, such as statistical or average pricing, either on a local, regional, national or international basis; and/or (c) creating, modifying, or verifying parts interchange.

13.   SmartVin; Car-Part Interchange; Hollander Interchange.  Our site and certain of the services provided by Car-Part.com on the site incorporate and/or use SmartVin, the Car-Part Interchange and the Hollander Interchange. The Hollander Interchange is included with or is the basis for the Car-Part Interchange. The Car-Part Interchange and SmartVin are © 2005-2010 Car-Part.com. The Hollander Interchange is © 2010 Claims Services Group, Inc. You agree not to use SmartVin, the Car-Part Interchange, or the Hollander Interchange for any purpose other than locating and purchasing recycled auto parts from parts sellers that display their inventory on our site as permitted in Section 12 of this Website User Agreement. You further agree not to use our site (or any of the content contained thereon) or any information provided to you through the use of our site and/or any service provided by Car-Part.com on the site (including, without limitation, the data derived from searches on our site): (a) for the purpose of copying all or any part of SmartVin, the Car-Part Interchange, or the Hollander Interchange; (b) for the purpose of decompiling or reverse engineering SmartVin, the Car-Part Interchange, or the Hollander Interchange; (c) in any manner that violates our copyright in SmartVin or the Car-Part Interchange; of (d) in any manner which violates Claim Services Group Inc's copyright in the Hollander Interchange.

14.   Limitation of Liability.  YOU AGREE THAT OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES RELATING TO THE USE OF OUR SITE AND/OR ANY SERVICE PROVIDED BY CAR-PART.COM ON THE SITE IS LIMITED TO A MAXIMUM OF ONE THOUSAND DOLLARS ($1,000). FURTHERMORE, WE SHALL HAVE NO LIABILITY WHATSOEVER FOR SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SALES OR ANY OTHER INCIDENTAL DAMAGES, REGARDLESS OF WHETHER YOUR CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY (AND REGARDLESS OF WHETHER YOUR CLAIM ARISES BY WAY OF STATUTE OR OTHERWISE).

15.   Your Obligation to Indemnify Us.  You agree to indemnify and hold us and our suppliers, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claims, demands, liabilities, damages, costs and/or expenses (including, without limitation, attorneys' fees and any costs to defend) that we incur as a result of (a) your breach of this Agreement, (b) your use of our site or any of the information or content contained on the site (including, without limitation, the data derived from searches on our site), and/or (c) your use of any service(s) provided by Car-Part.com on the site (including, without limitation, searching the parts displayed by parts sellers on our site).

16.   Notices.  Any notices to Car-Part.com must be given by postal mail sent to Car-Part.com's headquarters as it is then posted on our site. Any notices to you will be sent to the e-mail address that you provide to Car-Part.com.

17.   Governing Law; Exclusive Jurisdiction in Kentucky, U.S.A.  This Website User Agreement (and your use of our site and/or any service provided by Car-Part.com on the site) shall be construed in accordance with and governed by the law of the Commonwealth of Kentucky, United States of America (without regard to principles of conflict of laws), including the application of any applicable statutes of limitations. You understand, acknowledge and agree that any action, suit or proceeding brought by you or us with respect to this Website User Agreement (and/or your use of our site, your use of any service provided by Car-Part.com on the site, and/or your use of any information obtained from the site (including, without limitation, the data derived from searches on our site)) shall be brought exclusively in the courts of the Commonwealth of Kentucky located in Kenton County, Kentucky, United States of America, or in the courts of the United States for the Eastern District of Kentucky, United States of America. By your use of our site and/or any service provided by Car-Part.com on the site, you irrevocably submit to the exclusive jurisdiction and venue of the courts of the Commonwealth of Kentucky located in Kenton County, Kentucky, United States of America, and the courts of the United States for the Eastern District of Kentucky, United States of America.

18.   Our Right to Amend this Website User Agreement.  We may amend this Website User Agreement at any time by posting an amended version of the Website User Agreement on our site. The Website User Agreement (as amended) will be effective immediately upon being posted on our site unless a different effective date is explicitly set forth in the amended Website User Agreement. You do not have the right to amend, modify, disregard, or reject any of the terms or conditions of the Website User Agreement (either in its present form or as it may be amended from time to time in the future).

19.   Entire Agreement.  This Website User Agreement constitutes the entire agreement between You and Car-Part.com with respect to your use of our site and/or any service provided by Car-Part.com on the site. This Website User Agreement supersedes any other agreements, advertisements, writings, descriptions or communications of any nature whatsoever regarding the terms upon which you may use our site and/or any service provided by Car-Part.com on the site (including, without limitation, any telephone or email communications that you may have had with any employee or agent of Car-Part.com and anything contrary to the terms set forth in this Website User Agreement set forth elsewhere on our site).

Thank you for using Car-Part.com. We're glad to be of service.

Last Revised: October 2010.