Last Updated: April 19, 2023
OWNERSHIP OF THE SITE
Parts Town respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); € a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Parts Town Compliance, Attn: DMCA Agent, 1200 Greenbriar Drive, Addison, IL 60101. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Parts Town has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
Use the Site in any way that violates federal, state, local, or international law or regulation;
Use the Site to transmit or send unsolicited commercial communications;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
Post any infringing, obscene, indecent, or unlawful material or information;
Gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases associated with the Site);
Access the Site through any robot, spider, or other automated means;
“Screen scrape”, “monitor”, “mine”, “copy”, or “mirror” the Site;
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;
Engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site (or the servers, networks, and databases associated with the Site);
Introduce to the Site (or the servers, networks, and databases associated with the Site) any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful;
Use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Site or any Content;
Reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sublicense, trade or resell any Content or other aspect of the Site for any commercial purpose (except for Content specifically and expressly made available for redistribution) without our prior written consent;
Remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations;
Impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images.
SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE
If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Web site ("Submissions"), you agree that Parts Town shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Parts Town desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Parts Town is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions. Parts Town does not regularly review Submissions but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Web site. You are and shall remain solely responsible for the content of any Submissions. Parts Town and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party, and you agree to defend, indemnify and hold Parts Town harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Parts Town arising out of any Submissions.
SALES OF GOODS
Prices. All prices are quoted wholesale in USD, or as otherwise noted. The price charged for a Good will be the price in effect at the time the order is accepted and as set out in the order confirmation email. All prices are exclusive of all charges for shipping and handling and sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by User. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. User agrees to indemnify and defend Parts Town for any tax, penalty, and interest incurred as a result of Parts Town’ good faith acceptance of a tax exemption, reseller’s permit, or resale certificate that is later found to be incomplete or invalid.
All prices posted on this Site are subject to change without notice. Price increases will only apply to orders placed after such changes.
IN THE EVENT OF A TYPOGRAPHICAL ERROR RELATING TO PRICE, CHARACTERISTICS, OR QUANTITY OF AN ITEM FEATURED OR DESCRIBED ON THE SITE, PARTS TOWN RESERVES THE RIGHT TO REFUSE TO FILL ALL OR ANY PART OF ORDER(S) THAT RELY ON SUCH TYPOGRAPHICAL ERROR. ALL GOODS AND PRICES LISTED ON THE SITE ARE SUBJECT TO CHANGE, AVAILABILITY, PRIOR SALE, AND QUANTITY LIMITATIONS, EVEN IF YOU HAVE ALREADY PLACED AN ORDER.
Terms of payment are within Parts Town’ sole discretion and, unless otherwise agreed by Parts Town in writing, payment must be received by Parts Town before its acceptance of an order. Parts Town will refund payments made for orders not accepted. Parts Town accepts Visa, MasterCard, American Express, and Discover. If you have established Parts Town credit, checks are also accepted and payment terms are net 30 days from the date of shipment or pick-up. If you fail to make payment within 30 days, Parts Town may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped orders. Delinquent balances over 30-days will accrue interest at a rate of 1.50% per month. User agrees to pay the cost of any and all expenses incurred by Parts Town to collect past due sums, including but not limited to legal, collection and court costs. Credit card sales are billed at the time of purchase. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling, and any other amounts described on the Site) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. User expressly represents it is solvent at the time it places any order with Parts Town. You agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
Except for any products designated on the Site as non-returnable, Parts Town will accept a return of Goods for a refund of User’s purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. To return products, you must call (800) 438-8898 or email our Customer Service Department at email@example.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product, if it is returnable. No returns of any type will be accepted without an RMA number. Parts Town will not accept any returns without prior approval or consent, which will be given or withheld at Parts Town's discretion. A restocking fee will apply for most returns. No returns will be accepted beyond 90 days of purchase. Special orders may not be cancelled or returned. User is responsible for all shipping and handling charges on returned items. User bears the risk of loss during shipment. Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
DELIVERY; SHIPPING FEES; RISK OF LOSS
User is responsible for additional applicable shipping and handling charges, surcharges, taxes, and duties or for providing valid sales tax exemption certificates.
Parts Town shall deliver the ordered Goods to the address specified by the User in the order (the “Delivery Point”) using Parts Town’ standard methods for packaging and shipping such Goods. If for any reason User fails to accept delivery of any of the Goods at the Delivery Point, or if Parts Town is unable to deliver the Goods at the Delivery Point because User has not provided appropriate instructions, documents, licenses, or authorizations: (i) the Goods shall be deemed to have been delivered; and (ii) Parts Town, at its option, may store the Goods until User picks them up, whereupon User shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
All shipments are FOB origin point of shipment from Parts Town’ facility and/or the vendor’s manufacturing facilities with freight costs and handling fees charged to you. COD shipments are not permitted. Other terms and conditions may apply to special orders including freight collect, export orders, hazardous materials, etc. If product is damaged in transit, you must file claim with the carrier Unless desired routing is specified on the order, a common carrier will be selected by Parts Town. If specified routing entails special charges, all charges will be added to the invoice. The carrier on FOB shipping point shipments becomes the agent for User, and User must file all damage claims with the carrier. Parts Town will deliver the Goods as close as possible to User’s requested delivery date(s). User acknowledges that shipment and delivery dates are estimates only and that PartsTown will not be liable for failure to meet such dates.
Any cancellation must be approved by Parts Town and may be subject to restocking and other charges.
You agree that any credit balances will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND PARTS TOWN SHALL HAVE NO FURTHER LIABILITY.
Parts Town shall not be liable for any delay in or impairment of performance resulting in whole or in part, directly or indirectly, from any force majeure event, including but not limited to acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, change in any law or regulation, disruptions in communications, power, or other utilities, labor disruptions, shortages, inability to procure product, unavailability of supplies of raw materials, explosions, fires, floods, or other severe weather conditions, pandemics, or any other circumstances or cause beyond the control of Parts Town in the conduct of its businesses.
Products may be substituted by the manufacturer and may not always exactly match descriptions and/or images.
AVAILABILITY; REVISIONS; RELIANCE ON INFORMATION POSTED
The information presented on or through the Site, including the Content, is made available solely for general information purposes. We reserve the right to modify or discontinue the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God, as more fully set forth below.
We reserve the right, at our sole discretion, for any reason, at any time, with or without notice to you, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your username and account and/or your access to the Site (or any part thereof). Under no circumstances shall we be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.
We use reasonable efforts to update the information on the Site, and the Contents are subject to change without notice. However, we do not make any commitment to update the Site or the Content. The Content and the Site may include technical, typographical, or photographic errors.
We do not warrant the accuracy, completeness, or usefulness of the Site or the Content. 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.
USER RESPONSIBILITIES AND OBLIGATIONS
User Connection to Site. User shall be responsible for selecting, obtaining, and maintaining any equipment, items, communications, and ancillary services needed to access the Site.
Account Passwords and Data Security. User shall maintain the confidentiality of all userIDs and passwords of User. User shall be solely responsible for all use or misuse of the userIDs of User, and Company shall have no obligation to monitor for or report any use or attempted use of the userIDs of User.
Indemnification. User agrees to indemnify, defend, and hold harmless Company and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) User’s use of the Site or Goods obtained through User’s account; (ii) User’s breach or violation of any of this agreement; or (iii) User’s violation of the rights of any third party, including any third party’s intellectual property rights.
LINKS FROM THE SITE; THIRD-PARTIES
This Site may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
DISCLAIMER OF WARRANTIES
PARTS TOWN OFFERS THE PRODUCTS, THIS SITE, AND ANY AFFILIATED APPLICATIONS AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PARTS TOWN DOES NOT WARRANT THAT THIS SITE AND ANY AFFILIATED APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND ANY AFFILIATED APPLICATIONS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND ANY AFFILIATED APPLICATIONS USED BY PARTS TOWN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARTS TOWN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THIS SITE AND ANY AFFILIATED APPLICATIONS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
ALL USER REVIEWS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS, AND WE DO NOT ENDORSE OR APPROVE ANY USER REVIEWS. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, APPROPRIATENESS OR CONTENT OF USER REVIEWS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
MAXIMUM AGGREGATE LIABILITY. COMPANY’S TOTAL AGGREGATE LIABILITY TO USER OR TO ANY OTHER PERSON ARISING FROM OR RELATING TO THIS AGREEMENT, OR ANY PURCHASES GOVERNED BY THESE TERMS & CONDITIONS, OR FROM THE USE OF THE SITE OR GOODS FURNISHED UNDER THIS AGREEMENT, OR FROM ANY ADVICE, INFORMATION OR ASSISTANCE PROVIDED BY COMPANY (BY ANY METHOD, INCLUDING VIA THE SITE), UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, SHALL BE LIMITED TO THE GREATER OF $50 OR THE PRICE OF THE GOODS GIVING RISE TO THE CLAIM.
EXCLUSION OF CERTAIN DAMAGES. NEITHER COMPANY NOR ITS VENDORS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR PENAL DAMAGES; (2) ANY BACK CHARGES, LABOR COSTS, OR COSTS OF REMOVAL, REPLACEMENT, TESTING, OR INSTALLATION; (3) LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE GOODS OR ANY ASSOCIATED ITEMS OR SERVICES; (4) DAMAGE TO ASSOCIATED GOODS; (5) LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF GOODS; (6) COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME; (7) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (8) LOSS OF GOODWILL OR REPUTATION; (9) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (10) CLAIMS FROM THIRD PARTIES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND VENUE
MATERIAL INDUCEMENT AND CONSIDERATION
Company reserves the right, at any time and from time to time, to update, revise, supplement, and to otherwise modify this agreement, and to impose new or additional rules, policies, terms, or conditions, with or without prior notice and for any reason. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this agreement as “Revised Terms”) will be effective immediately and incorporated into this agreement upon Company’s publishing them on the Site, which may be given by any means Company designates, including by posting to the Site. User acknowledges and agrees that User’s continued use of the Site will be deemed to conclusively indicate User’s acceptance of any and all such Revised Terms. All Revised Terms are incorporated into, and made a part of, this agreement by this reference.
If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
TERM AND TERMINATION
Notice. Except as otherwise expressly provided herein, notices shall be given under this agreement in writing in the English language, signed by the party giving the same, and shall be given (i) personally (in which case such notices shall be deemed given when so delivered), (ii) by certified or registered U.S. Mail, properly addressed and postage pre-paid, from within the United States (in which case such notices shall be deemed given on the third business day after deposit), (iii) by generally recognized overnight courier, properly addressed and pre-paid, with next business day instruction (in which case such notices shall be deemed given on the next business day after deposit), or (iv) if to User, at Company’s election, by e-mail (in which case such notice shall be deemed given upon transmission unless Company receives a non-delivery email message within a reasonable time thereafter). Such notices shall be sent to firstname.lastname@example.org and to User at the address for notices or email address designated by User. Either party may change its address for purposes of notice by written notice thereof to the other party.
The covenants herein concerning indemnification, post-termination procedures, and any other provision that, by its nature, is intended to survive this agreement shall survive any termination or expiration of this agreement.
The headings of the sections used in this agreement are included for convenience only and are not to be used in construing or interpreting this agreement.