Terms and Conditions of Use
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This Web site, including all of its features and content
(the "Web Site") is a service made available by Partsbase.com, a division of
Partsbase Inc. or its affiliates ("Provider") and all content, information,
services and software ordered or provided on or through this Web Site
("Content") may be used solely under the following terms and conditions ("Terms
1. Web Site Limited License. As a user of this Web Site you
are granted a nonexclusive, nontransferable, revocable, limited license to
Provider may terminate this license at any time for any reason.
on Use. Each license is granted to an Authorized Site. An Authorized Site
is defined as a localized geographic site in an organizational unit with
no user terminals located beyond a one-half (0.5) mile radius of the
Authorized Site address on file with Partsbase, Inc. Authorized Site
licenses are not transferable. The owner of an Authorized Site
license may not sell, rent, or otherwise transfer ownership to any other
company, group, individual, or alternate localized geographical site
within the organizational unit. The Content on this Web Site is for
your personal use only and not for commercial exploitation. Notwithstanding the
foregoing, to the extent this Web Site provides electronic commerce, such
buying opportunities may be made available for group as well as personal
purchasing, so long as you are authorized to make purchases on behalf of such
group. You may not decompile, reverse
engineer, disassemble, rent, lease, loan, sell, sublicense, or create
derivative works from this Web Site or the Content. Nor may you use any network
monitoring or discovery software to determine the site architecture, or extract
information about usage, individual identities or users. You may not use any
robot, spider, other automatic software or device, or manual process to monitor
or copy our Web Site or the Content without Providerís prior written
permission. You may not copy, modify, reproduce, republish, distribute,
display, or transmit for commercial, non-profit or public purposes all or any
portion of this Web Site, except to the extent permitted above. You may not use
or otherwise export or re-export this Web Site or any portion thereof, or the
Content in violation of the export control laws and regulations of the United
States of America. Any unauthorized use of this Web Site or its Content is
3. Intellectual Property Rights. Except as expressly
conferring any license or right, by implication, estoppel or otherwise, under
copyright or other intellectual property rights. You agree that the Content and
Web Site are protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. For further information see Copyright.
4. Linking to this Web Site. You may provide links only to
the homepage of this Web Site, provided (a) you do not remove or obscure, by
framing or otherwise, any portion of the homepage, including its
this Site, (b) you give Provider notice of such link by sending an e-mail to firstname.lastname@example.org and (c) you discontinue
providing links to this Web Site if requested by Provider. If you wish to
provide links to a section within this Web Site, you should forward your
request to Provider at email@example.com
and Provider will notify you if permission is granted, and if so the terms and
conditions of the permission.
5. No Solicitation. You shall not distribute on or through
this Web Site any content or material containing any advertising, promotion,
solicitation for goods, services or funds or solicitation for others to become
members of any enterprise or organization without the express written
permission of the Provider. Notwithstanding the foregoing, in any interactive
areas of this Web Site, where appropriate you a) may list along with your name,
address and email address, your own web site's URL and b) may recommend third
party Web sites, goods or services so long as you have no financial interest in
and receive no direct or indirect benefit from such recommended Web site,
product or service or its recommendation. In no event may any person or entity
solicit anyone with data retrieved from this Web Site.
6. Advertisers. This Web Site may contain advertising and
sponsorship. Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on this Web Site is accurate and complies with
applicable laws. Provider will not be responsible for the illegality of or any
error or inaccuracy in advertisers' or sponsors' materials or for the acts or
omissions of advertisers and sponsors.
7. Registration. Certain sections of this Web Site require
you to register. If registration is requested, you agree to provide Provider
with accurate and complete registration information. It is your responsibility
to inform Provider of any changes to that information. Each registration is for
a single individual only, unless specifically designated otherwise on the
registration page. Provider does not permit a) anyone other than you to use the
sections requiring registration by using your name or password; or b) access
through a single name being made available to multiple users on a network or
otherwise. You are responsible for preventing such unauthorized use. If you
believe there has been unauthorized use, you must notify Provider immediately
by emailing firstname.lastname@example.org.
8. Postings in interactive areas of the Web Site.
8.1. Partsbase does not represent or guarantee the
truthfulness, accuracy, or reliability of posted information including
(a)inventory availability and/or condition (b) member offered services and/or
statistics posted by users. You acknowledge that any reliance on material
posted by other users will be at your own risk.
Inventory postings are to be accurate, in-stock line items and must be updated on a regular basis.
Inventory listed and not updated within 90 days is subject to removal.
Partsbase is committed to the integrity of our database.
If you believe there is an unauthorized inventory posting, notify us immediately by emailing
8.2. Postings to be Lawful. If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other
material ("Postings") which is unlawful or abusive in any way, including but
not limited to any Postings that are defamatory, libelous, pornographic,
obscene, threatening, invasive of privacy or publicity rights, inclusive of
hate speech, or would constitute or encourage a criminal offense, violate the
rights of any party, or give rise to liability or violate any local, state,
federal or international law, or the regulations of the U.S. Securities and
Exchange Commission, any rules of any securities exchange such as the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, either
intentionally or unintentionally. Provider may delete your Posting at any time
for any reason without permission from you.
8.3. Postings to be in Your Name. Your Postings shall be
accompanied by your real name and shall not be posted anonymously. Participants
in interactive areas shall not misrepresent their identity or their affiliation
with any person or entity.
8.4. No Monitoring of Postings. Provider has no obligation
nor does it intend to edit, monitor or screen Postings and is not responsible
for the content in such Postings or any content linked to or from such
Postings. Notwithstanding the foregoing Provider reserves the right to examine
from time to time, some, all, or no interactive areas for adherence to the
9. Errors and Corrections. Provider does not represent or
warrant that this Web Site or the Content will be error-free, free of viruses
or other harmful components, or that defects will be corrected or that it will
always be accessible. Provider does not warrant or represent that the Content
available on or through this Web Site will be correct, accurate, timely, or
otherwise reliable. Provider may make improvements and/or changes to its
features, functionality or Content at any time.
10. Third Party Content. Third party content may appear on
this Web Site or may be accessible via links from this Web Site. Provider shall
not be responsible for and assumes no liability for any infringement, mistakes,
misstatements of law, defamation, slander, libel, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content contained in any third party
content appearing on this Web Site. You understand that the information and
opinions in the third party content is neither endorsed by nor does it reflect
the belief of Provider.
11. DISCLAIMER. THIS WEB SITE AND THE CONTENT ARE PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY
FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM,
ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS
WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES
AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN
DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT
NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF
THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE
OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH
THIS WEB SITE OR THE CONTENT.
12. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE
FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM
YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE
OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER
SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT.
13. Indemnification. You agree to indemnify, defend and hold
harmless Provider, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Web Site from and
against all claims, losses, expenses, damages and costs, including reasonable
14. Third Party Rights. The provisions of paragraphs 15
(Disclaimer), 16 (Limitation of Liability), and 17 (Indemnification) are for
the benefit of Provider and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Web
Site. Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
15. Unlawful Activity. Provider reserves the right to
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 user profiles, e-mail addresses, usage history,
posted materials, IP addresses and traffic information.
16. Remedies for Violations. Provider reserves the right to
seek all remedies available at law and in equity for violations of these Terms
of Use, including but not limited to the right to block access from a
particular Internet address to this Web Site and any other Provider Web sites
and their features.
governed by and construed in accordance with the laws of the State of Florida
and any action arising out of or relating to these terms shall be filed only in
state or federal courts located in Florida and you hereby consent and submit to
the personal jurisdiction of such courts for the purpose of litigating any such
Copyright(c) 2005 PartsBase All rights reserved.