Terms of Use
OVERVIEW
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE AND SERVICES (AS DEFINED BELOW) CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS OF USE, THEN YOU MUST NOT USE OR ACCESS THE SITE OR SERVICES.
The Site located at www.powerpartsinc.com (the “Site”) is a copyrighted work that belongs to
Power Parts International . and its affiliates (“Company,” “us,” “our,” and/or “we”). This Terms of Use (“Terms of Use,” and/or “Terms”) is a legally binding agreement between you, as an end-user of our Site (“User,” “you,” and/or “your”), and the Company. By accessing the Site or using any of our Services, you agree to be bound by these Terms. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site or Services. In addition, please review our Privacy Policy, located at (https://www.Powerpartsinc.com/legal/privacy-policy) for information on our data collection practices.
SECTION 1 – ELIGIBILITY AND SCOPE OF AGREEMENT
The Site is offered by the Company and available to users who are 14 years of age or older. By using the Site, you represent and warrant that you are either of legal age to form a binding contract with us, or if you are not of legal age, that you have obtained parental consent. If you do not meet all of these requirements, you must not access or use the Site.
SECTION 2 – CHANGES TO THE TERMS OF USE
We reserve the right to change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site and by continuing to use the Site, you agree to any changes.
SECTION 3 – ACCESS AND SECURITY; PASSWORD SECURITY
We reserve the right to withdraw, suspend, or amend the Site, and any service, server, or material we provide on or via the Site (collectively, “Services”), in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to any users.
We reserve the right to check your compliance with the provisions herein regarding use of the Site and/or the Services.
If you establish or are provided a password, username or any other piece of information as part of our security procedures (“Security Information”), you are responsible for keeping this information confidential and secure. You alone shall bear the consequences of lost data or otherwise resulting from the use by any person to whom the you have provided your Security Information.
SECTION 4 – PROPRIETARY RIGHTS AND LIMITED LICENSE
We (and our licensors) retain all rights to all data and information on the Site and Services, including text, graphics, images, designs, articles, business processes, and any other form of content (collectively referred to as the “Content”). You agree that any such content is the intellectual property of the Company. We agree that any information you provide on the Site is not part of this Content, and you agree that we may use any information you provide to operate our systems, store in our secure databases, and use to facilitate the providing of Services to you. You and the Company agree that any third-party information, such as any articles provided by a third-party, belongs to the party(s) providing such information and that such party(s) retain their own rights to their own information. By agreeing to these Terms of Use, the Company grants you a limited, non-exclusive, and non-transferable license to use our Services for your personal and business use, provided that you do not modify the Content in any way and that you include any copyright and proprietary notices displayed in or on the Content.
SECTION 5 – RESTRICTIONS
You may use the Site and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site or any Service:
• To access parts of the Site to which you are not authorized;
• In any way that violates any applicable federal, state, local or international law or regulation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, or which, as determined by us, may harm the Company or users of the Site or Services, or expose them to liability, including, without limitation, sending mass email messages or spamming;
• In any manner that could disable, overburden, damage, or impair the Site or Services, or interfere with any other party’s use of either, including their ability to engage in real-time activities through the Site or Services, including, without limitation, employing programs that consume excessive network capacity, CPU cycles, or disk I/O;
• To engage in any activity that is malicious or technically (or otherwise) harmful to the proper working of the Site or Services, including, without limitation, any reverse engineering, decompiling, disassembling, or any breach or attempted breach activities (e.g., port scanning, sniffing, spoofing);
• To collect or aggregate data about users of the Site;
• To reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site or Services except as expressly authorized herein; and
• To use any robot, spider, crawler, or other mechanism to scrape, data mine, or gather Content posted on the Site or any subdomains or any domains owned or operated by the Company. Notwithstanding the foregoing, the Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available, searchable indices of such materials, but not caches or archives of such materials.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site, Services, or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
SECTION 6 – COPYRIGHTS
All Content and functionality on the Site, including any text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of the Company or our licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
SECTION 7 – TRADEMARKS
The “Power Parts International ” name, the Company’s logo and all related names, logos, product and service names, designs and slogans used on the Site are the registered and/or unregistered trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners. The following are among the trademarks utilized on the Site, all rights reserved:
SECTION 8 – USER INFORMATION
You are solely responsible for the Content and the accuracy of the information you submit to the Site, including any changes to any outdated information. It is a condition of your use of the Site and Services that any information you provide on the Site is correct, current and complete. All submitted materials (documents, information, comments, etc.) are treated as non-confidential and do not create any legal, fiduciary, or other obligation on behalf of the Company to you. The Company may screen, monitor, evaluate and remove any submitted materials at any time and for any reason. Personal information submitted to the Company will be governed by our Privacy Policy.
SECTION 9 – MONITORING AND ENFORCEMENT; TERMINATION
We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or Services. In addition, we have the right to terminate or suspend your access to all or part of the Site or Services for any or no reason, including without limitation, any violation of these Terms of Use.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
SECTION 10 – NO LEGAL ADVICE OR FIDUCIARY OBLIGATIONS
None of the information on the Site shall not be construed as legal advice or relied on as legal advice, or a substitution for the advice of an attorney in any way. The Company is not engaged in the practice of law and does not provide legal advice. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Content.
SECTION 11 – THIRD-PARTY LINKS
The Site may include links to other internet sites maintained by third-parties, and some of the Content appearing on the Site may in fact be supplied by third-parties, for example, in instances of framing of third-party sites or incorporation through framesets of content supplied by third-party servers (“Linked Sites”). The Company has no responsibility for any Linked Site, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. The Company provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by the Company of the Linked Sites. We encourage you to read any applicable terms and conditions or privacy policies at any Linked Sites.
SECTION 12 – CHANGES TO THE SITE
We may update the Content on the Site from time to time, but we do not warrant that the Content is necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
SECTION 13 – GEOGRAPHIC RESTRICTIONS
User access to the Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. laws and may also be subject to the laws of the country where you reside. The Company makes no representation that information or materials on the Site are appropriate or available for use in other locations, and access to them from territories where the Content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
SECTION 14 – DISCLAIMER OF WARRANTIES
The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third-parties may make unauthorized alterations to the Site. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
SECTION 15 – LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR WEBSITES LINKED TO THE SITE, THE CONTENT OF INFORMATION TRANSMITTED, POSTED, COLLECTED, USED, OR UPDATED, AS WELL AS ANY FILES (INCLUDING ADDRESS FILES), ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
SECTION 16 – GOVERNING LAW AND JURISDICTION
The Terms of Use are governed by and construed as follows:
(a) Except to the extent expressly provided in this Section 16, the Terms of Use are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to the Terms of Use, the Content or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in Washington County. You waive any and all objections to the exercise of jurisdiction over you by those courts and to venue in those courts;
(b) If (i) you are a non-US citizen; (ii) you reside outside of the US; (iii) you are a non-citizen of the People’s Republic of China; and (iv) you are accessing the Site outside of the People’s Republic of China, you hereby agree that any dispute or claim arising from the Terms of Use shall be governed by, without regard to any conflict of law provisions, the governing law and forum shall be the laws and courts of your usual place of residence, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located therein;
(c) If (i) you are a citizen of the People’s Republic of China; or (ii) you are accessing or using the Content or the Services in the People’s Republic of China, the Terms of Use shall be interpreted in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. Any dispute arising from or relating to the Terms of Use, the Content or the Services, including the existence, validity or termination of the Terms of Use, shall be adjudicated by the Hong Kong International Arbitration Centre (HKIAC). This tribunal shall be formed by one (1) arbitrator nominated by the chairman of the HKIAC and the proceedings shall be conducted in English.
SECTION 17 – LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE, OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SECTION 18 – WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
SECTION 19 – ENTIRE AGREEMENT
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
SECTION 20 – CONTACT INFORMATION
To ask questions or comment about these Terms of Use, the Site or the Services, contact us at Sales@powerpartsinc.com
Power Parts International
742 S. Indiana Ave West Bend, WI 53095
Tel: +262-335-2777
