The Parts Express website ("Site") is owned and provided by Parts Express International, Inc. from its offices in Springboro Ohio USA. Using this Site indicates your agreement and acceptance of these terms and conditions. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. The term "Parts Express" or "us" or "we" or "our" refers to Parts Express Intl. Inc., the Site owner. The term "you" refers to the user or viewer of our Site.
1. Acceptance of Agreement
2. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
3. Restrictions and Prohibitions on Use
The information, materials, documents, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site ("Content") are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Copying, redistribution, use or publication of Site Content, except as allowed by Section 2 above, is strictly prohibited. You do not acquire ownership rights to Site Content viewed through the Site. Except as specified in this Agreement, posting information or materials on the Site does not constitute a waiver of any right in such information and materials. Some Site Content is the copyrighted work of third parties.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at email@example.com.
5. Service Marks
"parts-express.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
6. No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not a lawyer referral service.
7. Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
8. Advertisers, Third Parties, and Links
The Site may contain advertising and sponsorships from third parties and links to other Web sites. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. We are not responsible for and assume no liability for any content, accuracy of information, opinions, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in any form of content (a) on the Site but prepared by advertisers, sponsors, or third parties or (b) contained in other Web sites accessed through links appearing on our Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
10. Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
11. Pricing and Product Information
The prices listed on the Site are FOB Springboro, Ohio, payable in U.S. dollars. All quantity price breaks apply per individual part number only. Sorry, no mixing for lower prices. Email firstname.lastname@example.org for large quantity pricing. Due to market fluctuation and the possibility of errors, pricing on the Site may not be accurate. In these cases, Parts Express is not obligated to honor inaccurate pricing. To confirm pricing, please email email@example.com. Product information including specifications, availability, appearance, etc. are subject to change without notice.
12. Community Forums and Blogs
The parts-express.com community Forums, Blogs, and product ratings are provided and maintained by Parts Express as a FREE service to those looking to publish technical information and insight for public display. Parts Express hosts its Forum and Blog for its members only on an invitation basis.
You are entirely responsible for any text, video, audio, images, photographs or any other materials or content you provide for our sites. Please use community tools responsibly. In particular, do not post content that infringes the law or third party rights, or which includes activities or statements which are discriminatory, offensive, obscene or defamatory or which may cause offense to others on grounds of nationality, ethnicity, gender, sexuality, religion, faith or disability. You should not use the community areas for any commercial purpose.
You agree to grant Parts Express, and its affiliates, a non-exclusive, irrevocable license to display, copy, publish, distribute, transmit and print your Forum, Blog, and product rating comments and information or material without notice or payment. We reserve the right to keep, delete, modify or otherwise manipulate and/or publish any photos, text or data submitted to the Forums and Blogs without notice. You waive any moral rights which you may have in this content.
The Forum and Blog area shall not be utilized in any manner that violates any state or federal law. Do not post any information regarding specific prices or fees charged or paid, and do not post any information concerning prices, pricing practices, discounts, or other terms or conditions of sale either obtained by or offered by you or to another entity.
All postings shall be of an informational nature and for informational purposes only. Commercial use or any other unauthorized use of the Forum and Blog is prohibited. Do not use the Forum and Blog to solicit or conduct business, including the direct or indirect marketing of users' products or services, in any manner. The Forum and Blog may not be copied or used to provide information, materials, products, or services in exchange for compensation of any kind.
You understand that we do not monitor all user-generated content on our sites and we are under no obligation to do so. However, we reserve the right to monitor all such content and, without notice, to edit, delete or remove any content which we deem to be inappropriate. The views expressed in the community areas are those of members of the public and are not those of Parts Express, our affiliated companies, or partners.
13. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
ALL SITE CONTENT IS PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). SITE CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR PARTNERS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, ATTORNEYS (COLLECTIVELY, "AFFILIATED PARTIES"), HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SITE CONTENT, EXCEPT AS PROVIDED IN THIS AGREEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Use of Information
17. Third-Party Merchant Policies
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
20. Securities Laws
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," “seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
21. Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
22. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Springboro Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 15. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.