The Site located at www.powerpartsinc.com (the “Site”) is a copyrighted work that belongs to
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 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
SECTION 5 – RESTRICTIONS
• 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.
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
SECTION 9 – MONITORING AND ENFORCEMENT; TERMINATION
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
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 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
SECTION 17 – LIMITATION ON TIME TO FILE CLAIMS
SECTION 18 – WAIVER AND SEVERABILITY
SECTION 19 – ENTIRE AGREEMENT
SECTION 20 – CONTACT INFORMATION
Power Parts International
742 S. Indiana Ave West Bend, WI 53095