Terms and Conditions for Recycler Customers
1. Contract. When You, a recycler customer, submit a Registration form to Used-Car-Parts.com, Inc., dba Car-Part.com ("Car-Part.com"), in writing or online, You are deemed to agree to all of these Terms and Conditions. Any different or additional terms and conditions you might add to Your Registration or related documents are expressly objected to by Car-Part.com and not binding upon it. Car-Part.com reserves the right to accept or reject all Registration forms received by it.
2. Description of Our Services. The following paragraphs describe Car-Part.com's services, and the terms that apply to each of them. Your Registration form specifies which of these services you will receive. If you are not receiving a service, the provisions relating to that service do not apply to you. If Car-Part.com provides other products or services to you from time to time, this Agreement will also apply to those products and services unless Car-Part.com otherwise specifies in writing.
3. Content. If Car-Part.com hosts your web site or email, You agree that you will use your web site and email accounts hosted by Car-Part.com only for lawful purposes. Scandalous, libelous, prurient, or offensive material, and material Car-Part.com, in its sole discretion, finds not suitable to the site, is not permitted on Your web site. If such material is discovered on Your site, Car-Part.com may immediately remove that material or take down your site. Car-Part.com will give you five (5) days to correct the problems Car-Part.com has identified, except as provided later in this section 3. Failure to do so, or repeated violations of this provision, shall entitle Car-Part.com to remove your site from its server and cancel this Agreement immediately, with no refund of any fees. Car-Part.com does not intend to actively monitor your site, so compliance with all the restrictions in this section is your responsibility. You are further responsible to make sure that all laws and regulations, including but not limited to the copyright and trademark laws, are adhered to on your web site. It is also Your responsibility to obtain whatever Trademark, Copyright, or other permissions are required for your site, and Car-Part.com will assume you have done so. As provided by federal law, if Car-Part.com receives notification of a claim of copyright infringement regarding Your site, Car-Part.com may immediately take down the allegedly infringing material without liability. You must follow the provisions of 17 U.S.C. § 513(g) for replacement of the material.
4. Access. Upon acceptance of this contract, and the installation of Your web site, Car-Part.com shall give you instructions on how to access the site and upload your inventory to the site, unless your inventory is being transmitted to Car-Part.com from your inventory management system provider or another third party. Uploading inventory is Your responsibility. If You have technical problems uploading your inventory, you agree to notify Car-Part.com immediately, and Car-Part.com will endeavor to assist you through telephone support. Car-Part.com provides You with software for uploading inventory; this software is the property of Car-Part.com, and you must delete it from Your computers and return all copies of it to Car-Part.com when this Agreement terminates. All software provided to You is licensed to You subject to the terms of the license agreement for that software. You agree that Car-Part.com may display your inventory information, identifiable as your inventory, in connection with the auto parts search services provided by Car-Part.com.
5. Sale Transactions. All sales of parts on your web site and the Car-Part.com site(s) are sales directly between you and the buyer, and Car-Part.com is not a party to those sales. Car-Part.com does not investigate buyers, and accepts no liability for buyers' breach of their obligations to you. Car-Part.com cannot ensure that a buyer will actually complete a transaction. Please use common sense and practice safe selling practices when selling online. You are directly responsible to the buyer for warranties and for any refunds, credits or adjustments to a transaction, in accordance with your contract with the buyer.
6. Liability. The Internet is an evolving technology, and access to the Internet is sometimes unavailable. Car-Part.com does not guaranty continuous, uninterrupted or secure access to any sites or search or services it hosts. Car-Part.com shall not be responsible for failure of your computer, Your connection to the Internet, or services provided by Your Internet Service Provider. Car-Part.com is not providing You with a connection to the Internet and you must have an account with an Internet Service Provider to access the Internet and Car-Part.com's services. Car-Part.com shall not be responsible for any problems beyond its control, including problems with Car-Part.com's Internet connection caused by factors outside Car-Part.com's control.
7. Term; Changes. This agreement shall be valid for three (3) months, and shall continue thereafter until either party terminates by giving notice to the other party. Fees paid to Car-Part.com are non-refundable. The parties can mutually terminate this agreement at any time by a writing signed by both parties. Car-Part.com may change the terms of the Agreement by giving You 30 days notice of the change. If you object to the change you can cancel this agreement by notifying Car-Part.com within that 30-day period. Car-Part.com may from time to time adopt policies related to its services. Each policy will be binding on you, unless you terminate this Agreement within 30 days after you are first notified of such policy.
8. Notices. All notices required under this agreement shall be sent to Car-Part.com at its headquarters as then shown on its web site, and to You at the address you stated on the Registration form. If You change your address you must notify Car-Part.com in writing. Notices under 17 U.S.C. § 513 shall be sent to the designated agent for such notices identified on the Car-Part.com website (www.Car-Part.com).
9. Charges. All fees are payable in advance and non-refundable, and do not include taxes, if any, which will be in addition to the fees. Car-Part.com may change any fees by providing thirty days notice of such fee change. Such changes shall not take effect until the next billing cycle after the notice is given. If you fail to pay your fees when due, Car-Part.com may terminate this Agreement and terminate its services, including removing your web site.
10. Confidentiality. The Car-Part.com Web Development Guide, user Id and password to the Web Development Guide, and the Inventory upload procedures, filenames and userId/password to the Inventory upload procedures, and software (all referred to as "the Documentation") are particularly sensitive Confidential Information and Trade Secrets of Car-Part.com, You shall use the Documentation solely for the purpose of uploading Inventory to Car-Part.com. You shall not disclose, (except as required by law) use or permit the disclosure or use by others of the Documentation for any other purpose. You shall not use the Documentation to create software or services that perform the same or similar function as any Car-Part.com products and services.
11. Hollander®# Interchange®# Provisions. Pursuant to the terms and conditions of the license agreement between Cooperative Computing, Inc. ("CCI"*) and Car-Part.com ("License Agreement"), Car-Part.com grants, and You accept, a non-transferable, non-exclusive and terminable sublicense (i) to receive and use the Hollander®# Interchange®# database ("CCI* Product") solely in connection with Car-Part.com's services described in Section 2 hereof ("Car-Part.com Product"), (ii) to transfer to Car-Part.com parts inventory data using the Hollander®# Interchange®# including the Hollander®# Inventory Numbers, and (iii) to include on internet site(s) the Car-Part.com Products including parts searches using the Hollander®# Interchange®#. You receive no right to use the CCI* Product except by the grant of this sublicense by Car-Part.com (but this does not invalidate or otherwise affect any rights related to the Hollander®# Interchange®# that You may have under any other licenses or agreements); and neither Car-Part.com nor CCI* grants any CCI* Product license whatsoever, either explicitly or implicitly, except pursuant to this Agreement. You agree to comply with the terms and conditions of this Agreement and agree not to use the CCI* Product except as provided in this Agreement. Notwithstanding anything else herein to the contrary, under no circumstances may You distribute, make available or otherwise provide access to, to any third party, any data or information which would enable the Hollander®# Interchange®# to be readily copied in whole or substantial part.
12. Miscellaneous. This agreement shall be interpreted under the internal laws of the Commonwealth of Kentucky. You agree that if you initiate any litigation related to this Agreement or your relationship with Car-Part.com, the state and federal courts in Kenton County, Kentucky will have exclusive jurisdiction over that litigation. This Agreement and the Registration form constitute the entire agreement between You and Car-Part.com, and any prior proposals, offers, negotiations, or agreements not contained there are hereby void and of no effect. Any changes to this agreement, except as provided in Sections 7 and 9, shall not be effective unless made in writing signed by both parties. In the event that any one or more provisions contained in this Agreement should for any reason be held to be unenforceable, such enforceability shall not affect any other provision of the Agreement, but the Agreement shall be construed as if such unenforceable provisions had not been contained herein.