Car-Part.com--Used Auto Parts Market

Car-Part.com Website User Agreement

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

This Car-Part.com Website User Agreement describes the terms and conditions that apply when you use: (a) our Car-Part.com Website (as defined below); and/or (b) any Car-Part.com Website Service (as defined below). “Car-Part.com Website” shall mean any website from which the Car-Part.com Services can be accessed (including, without limitation, http://Car-Part.com), 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). “Car-Part.com Website Service” shall mean: (i) any service provided by Car-Part.com on the Car-Part.com 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 Car-Part.com 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 Car-Part.com Website User Agreement at any time (and the amended Car-Part.com 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 Car-Part.com Website User Agreement. As used herein: (1) "we," “us” and "our" refer to Car-Part.com; and (2) "you" refers to the user of this site.

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

2.  Separate Agreement for Parts Sellers Using Our Car-Part.com Website;Additional Applicable Terms.  This Car-Part.com Website User Agreement applies to all users of our Car-Part.com Website and all users of any Car-Part.com Website Service. As a result, this Car-Part.com Website User Agreement applies to parts sellers when they access or use the Car-Part.com Website or any of the Car-Part.com Website Services. However, this Car-Part.com Website User Agreement does not apply to or govern the relationship between Car-Part.com and parts sellers as regards the display of their inventory on our sites (including, without limitation, the Car-Part.com Website). Separate contracts govern the relationship between Car-Part.com and parts sellers regarding the display of their inventory on our sites (including, without limitation, the Car-Part.com Website). The terms of this Car-Part.com Website User Agreement are in addition to (but do not amend or modify) the relationship between Car-Part.com and such parts sellers regarding the display of their inventory on our sites (including, without limitation, the Car-Part.com Website) as set forth in such separate contracts. If you are a parts seller that wants to display your inventory on our Car-Part Pro site, please contact us at [email protected] for more information (including, without limitation, a copy of the contracts that govern the relationship between Car-Part.com and parts sellers regarding the display of their inventory on our sites (including, without limitation, our Car-Part.com Website)).

3.  Fees for Use of Our Car-Part.com Website and Car-Part.com Website Services.  Currently, we allow users to search for parts on our Car-Part.com Website and use the Car-Part.com Website Services (including, without limitation, the “Live Service” instant messaging interface which allows users to contact part sellers from the Car-Part.com Website) free of charge. We retain the right to begin charging a fee (and to modify the fees charged) to use our Car-Part.com Website and/or any Car-Part.com Website Service at any time.

4.  All Transactions are Solely between Parts Seller and Buyer.  Our Car-Part.com 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 Car-Part.com Website or any Car-Part.com 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 Car-Part.com Website and the Car-Part.com Website Services are proprietary. Our Car-Part.com Website and the Car-Part.com Website Services shall remain the sole and exclusive property of Car-Part.com and/or the recycler(s) providing the inventory data used to provide any Car-Part.com Website Service. You do not acquire any right, title or interest in or to our Car-Part.com Website or any Car-Part.com Website Service as a result of using our Car-Part.com Website and/or any Car-Part.com Website Service. Other than manually copying and pasting an individual part description displayed in the results of a part search or manually printing a Car-Part 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 Car-Part.com Website or any Car-Part.com Website Service. Furthermore, you do not have the right to: (a) sublicense the use of our Car-Part.com Website or any Car-Part.com Website Service; (b) use our Car-Part.com Website or any Car-Part.com Website Service on behalf of another person; or (c) provide (or attempt to provide) access to our Car-Part.com Website or any Car-Part.com Website Service to any other person.

Car-Part.com 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”). Car-Part.com 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 Car-Part.com or any of its affiliates, and otherwise use the Collected Data to enhance any of the products or services of Car-Part.com or any of its affiliates.

We respect the intellectual property of others and we ask users of our Car-Part.com Website, 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 Car-Part.com Website User Agreement, or email us at [email protected].

8.  Our Right to Terminate Access to Our Car-Part.com Website and Car-Part.com Website Services.  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 Car-Part.com Website and/or any Car-Part.com Website Service: (a) if you breach any provision of this Car-Part.com Website User Agreement, (b) if you fail to pay the fees applicable to your use of the Car-Part.com Website and Car-Part.com Website Services in a timely manner, (c) if we are unable to verify or authenticate any information that you provide to us, (d) if 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 Car-Part.com Website or parts sellers displaying their inventory on our Car-Part.com Website), or for Car-Part.com, or (e) for any other reason.

9.  Car-Part.com Website and Car-Part.com Website Services Provided "As Is"; Disclaimer of Warranties.  OUR CAR-PART.COM WEBSITE AND EACH OF THE CAR-PART.COM WEBSITE SERVICES PROVIDED BY CAR-PART.COM ON OUR CAR-PART.COM WEBSITE 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 CAR-PART.COM WEBSITE AND/OR ANY CAR-PART.COM WEBSITE SERVICE. 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.  Our Car-Part.com Website and the Car-Part.com Website Services are provided by Car-Part.com using Car-Part.com servers and are accessed and used by you via the Internet. You acknowledge and understand that: (a) the Internet is a public network and, as such, has certain limitations, which may change over time; (b) the Internet is an evolving technology; (c) access to the Internet is sometimes unavailable; (d) Car-Part.com can change its Internet service provider(s) at any time without notifying you; and (e) as a result of such factors, Car-Part.com cannot assure you of continuous, uninterrupted access to our Car-Part.com Website or any of the Car-Part.com Website Services. You understand, acknowledge, and agree that our Car-Part.com Website and the Car-Part.com Website Services are designed to be used manually through human interaction (i.e. a person entering the search criteria, clicking, and/or otherwise navigating the site from within a standard commercial web browser (i.e. Internet Explorer, Chrome, Safari or Firefox)) and you shall not use our Car-Part.com Website or any Car-Part.com Website Service in any other manner (ex. via electronic, software or other automated means of access, navigation or extraction of content) without Car-Part.com’s prior written consent. Furthermore, you agree not to: (1) use any robot, spider, scraper or other automated means to access the Car-Part.com Website or any Car-Part.com Website Service for any purpose without express written permission from the Chief Executive Officer of Car-Part.com; (2) interact with our Car-Part.com Website or any Car-Part.com Website Service with any software other than a standard commercial web browser (i.e. Internet Explorer, Chrome, Safari or Firefox) that does not have a plug in that provides navigation, access, integration or scraping of the Car-Part.com Website or any Car-Part.com Website Service; or (3) take any action that imposes or may impose (in Car-Part.com’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.

12.   Permitted Purpose for Using Our Car-Part Pro Site and the Car-Part.com Website Services.  You may only use our Car-Part.com Website and/or the Car-Part.com Website Services in connection with locating and purchasing auto parts from parts sellers that display their inventory on our Car-Part.com Website (and/or communicating with parts sellers that display their inventory on our Car-Part.com Website about their parts). Any other use of our Car-Part.com Website or any Car-Part.com Website Service is strictly prohibited. By way of example (and not of limitation) the use of our Car-Part.com Website or any Car-Part.com Website Service for any of the following purposes is prohibited: (1) use in connection with any e-commerce application (other than the e-commerce capabilities of the Car-Part.com Website itself); (2) collecting or 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; (3) collecting or providing any bulk information about parts seller services (including, without limitation, delivery services, warranty services, and/or certifications); (4) collecting, creating, modifying, or verifying parts interchange or VIN decoding (or information regarding parts interchange or VIN decoding); and/or (5) collecting, recreating or reformatting (in whole or in substantial part) SmartVin, the Car-Part interchange, or the Hollander interchange (or information regarding SmartVin, the Car-Part interchange, or the Hollander interchange).

13.   SmartVin; Car-Part Interchange; Car-Part Interchange Plus; Hollander Interchange.  Our Car-Part.com Website and certain of the Car-Part.com Website Services incorporate and/or use our VIN decoding methodology, SmartVin, Car-Part Interchange, Car-Part Interchange Plus, and the Hollander Interchange. The Hollander Interchange is included with or is the basis for Car-Part Interchange. Car-Part.com’s VIN decoding methodology, SmartVin, Car-Part Interchange, and Car-Part Interchange Plus are © Car-Part.com. The Hollander Interchange is © Claims Services Group, Inc. Some of the information available through this product contains material that is reproduced and distributed under a license from Ford Motor Company. No further reproduction or distribution of the Ford Motor Company material is allowed without the express written permission of Ford Motor Company. Car-Part Interchange Plus may include: (a) certain information which is © MOTOR Information Systems, a division of Hearst Business Media, Inc. (all rights reserved); and (b) certain information which is © Automotive Aftermarket Industry Association. You agree not to use Car-Part.com’s VIN decoding methodology, SmartVin, Car-Part Interchange, Car-Part Interchange Plus, or the Hollander Interchange for any purpose other than locating and purchasing auto parts from parts sellers that display their inventory on our Car-Part.com Website (and/or communicating with parts sellers that display their inventory on our Car-Part.com Website about their parts) as permitted in Section 12 of this Car-Part.com Website User Agreement. You further agree not to use our Car-Part.com Website or any information provided to you through the use of our Car-Part.com Website and/or any Car-Part.com Website Service (including, without limitation, the data derived from searches on our site): (1) for the purpose of copying all or any part of our VIN decoding methodology (or any VIN decoding information), SmartVin, Car-Part Interchange, Car-Part Interchange Plus, or the Hollander Interchange; (2) for the purpose of decompiling or reverse engineering our VIN Decoding methodology (or any VIN decoding information), SmartVin, Car-Part Interchange, Car-Part Interchange Plus, or the Hollander Interchange; (3) in any manner that violates our copyright in our VIN decoding methodology, SmartVin, Car-Part Interchange, or Car-Part Interchange Plus; (4) in any manner which violates Claim Services Group Inc's copyright in the Hollander Interchange; (5) in any manner which violates the copyrights of MOTOR Information Systems; or (6) in any manner which violates the copyrights of the Automotive Aftermarket Industry Association.

14.   Limitation of Liability.  UNDER NO CIRCUMSTANCES SHALL CAR-PART.COM BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS WHICH YOU MAY INCUR OR EXPERIENCE ON ACCOUNT OF USING ANY OF CAR-PART.COM’S WEBSITES (INCLUDING, WITHOUT LIMITATION, THE CAR-PART.COM WEBSITE) OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CAR-PART.COM WEBSITE SERVICE), REGARDLESS OF WHETHER THE ACTION LIES IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF CAR-PART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, YOU AGREE THAT CAR-PART.COM’S MAXIMUM AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES RELATING TO THE USE OF OUR CAR-PART.COM WEBSITE AND/OR ANY CAR-PART.COM WEBSITE SERVICE IS LIMITED TO THE LESSER OF: (A) THE TOTAL FEES PAID FROM YOU TO CAR-PART.COM IN THE IMMEDIATELY PRECEEDING SIX (6) MONTHS IN ORDER TO USE THE CAR-PART.COM WEBSITE AND/OR ANY CAR-PART.COM WEBSITE SERVICES; OR (B) ONE THOUSAND DOLLARS ($1,000). THE LIMITATION DESCRIBED ABOVE IS CUMULATIVE, WITH ALL PAYMENTS WITH RESPECT TO THIS AGREEMENT FOR CLAIMS OR DAMAGES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT, AND THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMITATION ON AMOUNT. FURTHERMORE, CAR-PART.COM SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS BEYOND ITS CONTROL, INCLUDING, WITHOUT LIMITATION, ANY PROBLEMS WITH ITS INTERNET CONNECTION OR INTERNET SERVICE PROVIDER.

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 Car-Part.com Website User Agreement; (b) your use of our Car-Part.com Website or any of the information or content contained on the Car-Part.com Website (including, without limitation, the data derived from searches on our site); and/or (c) your use of any Car-Part.com Website Service (including, without limitation, searching the parts displayed by parts sellers on our Car-Part.com Website).

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 www.car-part.com 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 Car-Part.com Website User Agreement (and your use of our Car-Part.com Website and/or any Car-Part.com Website Service) 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 Car-Part.com Website User Agreement (and/or your use of our Car-Part.com Website, your use of any Car-Part.com Website Service, and/or your use of any information obtained from the Car-Part.com Website or the use of any Car-Part.com Website Service (including, without limitation, the data derived from searches on our Car-Part.com Website)) 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 Car-Part.com Website and/or any Car-Part.com Website Service, 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 Car-Part.com Website User Agreement.  We may amend this Car-Part.com Website User Agreement at any time by (1) posting an amended version of this Car-Part.com Website User Agreement to a link accessible from the Car-Part.com Website, (2) posting an amended version of this Car-Part.com Website User Agreement on our products website, or (3) otherwise providing you reasonable notice of any amendment(s) to this Car-Part.com Website User Agreement. This Car-Part.com Website User Agreement (as amended) will be effective immediately upon being posted in the manner described above (or when we otherwise provide you reasonable notice of the amendment(s) as described above) unless a different effective date is explicitly set forth in the amended Car-Part.com Website User Agreement. You do not have the right to amend, modify, disregard, or reject any of the terms or conditions of this Car-Part.com Website User Agreement (either in its present forms or as it may be amended from time to time in the future).

19.   Entire Agreement.  This Car-Part.com Website User Agreement constitutes the entire agreement between you and Car-Part.com with respect to your use of our Car-Part.com Website and/or any Car-Part.com Website Service. This Car-Part.com 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 Car-Part.com Website and/or any Car-Part.com Website Service (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 Car-Part.com Website User Agreement set forth elsewhere on our Car-Part.com Website).

20.   Tire Interchange Information.  Tire interchange information is built solely based on tire sizes and does not take into account any other factors that may be need to be considered in determining whether a particular tire is suitable for a vehicle (including, without limitation, speed ratings, load ratings, suitability for specialized uses or conditions, etc.). It is your responsibility to identify to identify the vehicle and use factors that may be appropriate in determining whether a particular tire is suitable for a vehicle and ensuring that any particular tire satisfies such factors. Tire interchange information is provided for your convenience only and your reliance upon and/or use of this information is solely at your own risk. Car-Part.com has gathered the tire interchange information from a number of sources but has made no attempt to verify the accuracy or completeness of such information. Accordingly, Car-Part.com: (i) does not endorse the accuracy or completeness of such information or any portion thereof; (ii) does not make any representation or warranty whatsoever regarding the accuracy or completeness of such information or any portion thereof; (iii) specifically disclaims all warranties, express or implied, regarding such information; and (iv) is not, and shall not be, responsible or liable in any respect for any reliance upon, or use of, such information or any portion thereof. You hereby: (a) acknowledge, agree and understand that Car-Part.com is not, and shall not be, responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with, reliance upon and/or use of such information or any portion thereof; and (b) agree to indemnify, defend and hold harmless Car-Part.com and its successors and assigns and their respective officers, directors, shareholders, employees, subcontractors, consultants, representatives and agents from , against and in respect of any and all costs, losses, claims, liabilities, fines, penalties, damages and expenses (including interest which may be imposed in connection therewith and court costs and reasonable fees and disbursements of counsel) incurred by any of them in connection with your reliance upon and/or use of such information or any portion thereof.

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

Version 2015.10.13