CarPartsFast.com Terms
& Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR
OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
General
Parts Depot, Inc., ("PDI") hosts the CarPartsFast.com web site at
which users can purchase various automotive parts. This Agreement sets forth
the terms and conditions governing the access and use of our site by you, the
user. If you use the CarPartsFast web site, you agree to comply with the
following applicable Terms and Conditions.
Permitted Uses
a. General
The CarPartsFast web site is owned and operated by Parts Depot, Inc., a Florida
corporation with a principle place of business in the Commonwealth of Virginia.
All materials appearing on this site, including site design, text, graphics,
icons interfaces, and the selection, assembly and arrangements are owned or
licensed by PDI. Permission is granted to electronically copy and to print hard
copy portions of these materials only as described below or elsewhere on this
site. Any other use of materials on this site, including but not limited to,
reproduction for purposes other than those noted on our site, modification,
transmission, display, distribution or republication, without the prior written
permission of PDI is strictly prohibited. Users are not permitted to use
"web crawlers" or other types of software or hardware technology to
automatically download large amounts of materials from the CarPartsFast web
site. Elements of the site are also protected by trademark, copyright, trade
dress and other laws and may not be imitated in whole or in part on other web
sites.
Web Site Content
a. General
We own and have copyrights on our site and all of its contents. You will not
copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer
or modify any of the content, data, information or materials found on our site,
but you may download, display and print one (1) copy of the materials presented
on our site on a single computer for your use, subject to the conditions
contained elsewhere in these Terms and Conditions of use.
b. Product Description
PDI attempts to be as accurate as possible. However, PDI does not warrant that
product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by the CarPartsFast web
site itself is not as described, your sole remedy is to return it in unused
condition.
Registration
In order to access certain portions of our site, and purchase the products and
services available on our site, you must register an account with PDI by
completing the applicable registration form. If you do not register, you will
not be able to access our entire site. By registering, you agree to comply with
the terms and conditions of your registration form as well as those contained
herein.
Please Note: PDI reserves the right to suspend user privileges and block access
of any registered user who violates these Terms and Conditions.
a. Login Name and Password
When you register, you will be asked to create your own unique Login Name and
Password which you will need in order to access our entire web site. You agree
that your Login Name and Password is only for your personal use, and you will
not permit anyone else to use your Login Name and/or Password. You may not
transfer your Login Name and/or Password to anyone else.
b. Complete and Accurate Information
You represent and warrant, that is, you promise, to PDI that the information
contained in the registration form is complete and accurate. It is your
responsibility to keep registration and payment information current.
Privacy
PDI does not collect private information. Any information you enter into our
web site will not be retained beyond that necessary to process your order.
Product and Service Fees
The items and services listed on our web site are individually labeled with
pricing information. In addition to the price, other terms and conditions for
each of these products and services, may be set forth on the web site. PDI will
charge your credit card for any products or services you purchase. You'll be
asked to provide your credit card information at time of check out each time
you place an order.
Payments
You agree to pay the current fees for all products and services purchased using
your Login Name and Password. The current fees are clearly marked on the
specific web pages related to each specific product or service. To protect your
privacy, PDI does not maintain specific records about your purchases beyond
that which is required by your credit card. If any authority imposes a duty,
tax, levy or fee on your purchase, you agree to pay that amount. You also agree
to reimburse PDI for all collection fees (including attorney's fees) incurred
in their efforts to collect any unpaid balance on your account. You are
responsible for the selection of, use of and payment for any
telecommunications, internet access, and other systems and services required
for you to get access to the CarPartsFast web site. If you receive an invoice
from PDI that you believe is not correct, please contact PDI Customer Support
by sending an e-mail to support@carpartsfast.com
.
Indemnification
You agree to defend, indemnify and hold harmless PDI and any of its directors,
officers, agents and employees from and against any and all third party claims
and all liabilities, assessments, losses, costs or damages resulting from or
arising out of or related to (i) any breach by you of any term or condition of
these Terms and Conditions or (ii) your engagement in any transactions on or
use of the CarPartsFast web site including, without limitation, any disputes
between you and another user or any other party and any other claims arising
out of or in any way connected with any transactions conducted via the
CarPartsFast web site. If any such action shall be brought against any
indemnified party, they shall notify you in writing and you shall assume and
control the defense and settlement of each such action, including the employment
of counsel and payment of all expenses. Any indemnified party shall have the
right to employ separate counsel in any such action and participate in the
defense, at their own cost unless otherwise agreed to by you.
Termination
You may terminate your registration on the CarPartsFast web site at any time by
providing written or email notice to PDI at the customer service address set
forth on the CarPartsFast web site. PDI also reserves the right to terminate
your registration. All applicable provisions of the Terms and Conditions will
survive termination of your registration. Upon termination, you will pay any
outstanding fees to PDI in full within thirty (30) days.
DISCLAIMER OF WARRANTIES
ACCESS TO THE CARPARTSFAST WEB SITE AND ITS CONTENT, PRODUCTS AND SERVICES ARE
PROVIDED "AS IS." PDI DOES NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY,
NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF OUR WEB SITE OR ITS
CONTENT, PRODUCTS OR SERVICES. YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN
THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. PDI IS
NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION
OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR
OTHER PROVIDERS' FACILITIES. PDI HAS NO LIABILITY FOR FAULTY OR INTERRUPTED
COMMUNICATION LINKS, OR EMAILS THAT ARE INITIATED VIA THE IP LISTING(S), NOR
FOR THE CONTENTS OF ANY SUCH COMMUNICATIONS. PDI MAKES NO REPRESENTATION WITH
REGARD TO ANY LEVEL OF CONTACT THAT AN END USER CUSTOMER CAN EXPECT OR WILL
RECEIVE AS A RESULT OF ANY IP LISTING(S). YOU ACKNOWLEDGE THAT SUBSTANTIAL
AMOUNTS OF THE CONTENT OF THE WEB SITE ARE PROVIDED BY THIRD PARTIES, AND PDI
HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT. UNDER NO CIRCUMSTANCES
WILL PDI BE RESPONSIBLE FOR THE USE BY YOU OF, OR RESULTS ACHIEVED BY YOU FROM
THE SERVICES OR ANY DATA ACCESSED THROUGH THE WEB SITE.
LIMITATION OF LIABILITY
PDI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE USE
OR THE INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF A REPRESENTATION
OR WARRANTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF PDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
EXCEPT FOR THE INDEMNIFICATION PROVISIONS IN THE PARAGRAPH LABELED,
"INDEMNIFICATION", YOU SHALL NOT BE LIABLE TO PDI FOR ANY INCIDENTAL,
INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF ANTICIPATED OR ACTUAL PROFITS OR BUSINESS.
IN NO EVENT SHALL PDI BE LIABLE FOR DAMAGES, FOR ANY CAUSE OR BASED ON ANY
MATTERS ARISING FROM THIS AGREEMENT, IN EXCESS OF THE TOTAL AMOUNT PAID IN
DURING THE PRECEDING TWELVE MONTHS OF SERVICE BY YOU TO PDI UNDER THIS
AGREEMENT.
General Compliance with Laws
You agree to comply fully with all applicable laws, statutes, ordinances, rules
and regulations, and agree not to use the CarPartsFast web site to facilitate
collusion or for any other conduct violating antitrust or other applicable
laws.
Waivers and Remedies
Any waiver by PDI of the provisions of these Terms and Conditions or of PDI's
rights or remedies under these Terms and Conditions must be in writing to be
effective. Any waiver in a particular instance shall not constitute a waiver of
the same or different rights or breaches in any other instance. Failure,
neglect or delay by PDI to enforce the provisions of these Terms and Conditions
or PDI's rights or remedies at any time will not be construed and will not be
deemed to be a waiver of PDI's rights under these Terms and Conditions and will
not prejudice PDI's right to take subsequent action. No exercise or enforcement
of any right or remedy under these Terms and Conditions will preclude the
enforcement of any other right or remedy under these Terms and Conditions or
that PDI is entitled by law to enforce.
Notices
In addition to posting a notice on its web site, PDI may notify you by email,
by facsimile or by certified mail, postage prepaid and return receipt
requested, to the address(es) or facsimile number provided to PDI during the
registration process..
Applicable Law and Jurisdiction
The laws of the Commonwealth of Virginia (USA), without regard to its conflict
of laws rules, will govern these terms and conditions, as well as your and our
observance of them. If you take any legal action relating to your use of our
site or these Terms of Use, you agree to file such action only in the state and
federal courts located within Virginia (USA). In any such action or any action
we may initiate, the prevailing party will be entitled to recover all legal
expenses incurred in connection with the action, including but not limited to
costs, both taxable and non-taxable, and reasonable attorneys' fees.
Amendments and Modifications
PDI reserves the right, in its sole discretion, to supplement, modify or
discontinue any aspect of the CarPartsFast web site, including, without
limitation, restricting the times or means of access to the CarPartsFast web
site. PDI also reserves the right, in its sole discretion, to modify these
Terms and Conditions in any manner and to adopt additional terms or conditions
governing your access and use of the CarPartsFast web site, and the terms and
conditions related to the access and use of the CarPartsFast web site, at any
time, without prior notice. The terms of any such amendment to these Terms and
Conditions shall become effective immediately upon posting of such terms on the
CarPartsFast web site, and your use of the CarPartsFast web site on or after
such effective date shall constitute acceptance of such amended terms. You will
review these Terms and Conditions periodically. Other terms and conditions may
apply to your purchases of services through our site and to your use of other
portions of our site. You will observe these other terms and conditions. If we
fail to act with respect to your breach or anyone else's breach on any
occasion, we are not waiving our right to act with respect to future or similar
breaches.
Third Party Beneficiaries
All users on the CarPartsFast web site are intended third party beneficiaries
of these Terms and Conditions; all rights and benefits conferred by these Terms
and Conditions shall extend to such users and such users are independently
entitled for enforce its provisions. You acknowledge that each other user is
relying upon the representations made in these Terms and Conditions.
Independent Contractors
The relationship of PDI with you is that of independent contractors, and no
agency, partnership, joint venture, employment or other similar relationship is
intended or created by your acceptance of the terms of these Terms and
Conditions or the use of the CarPartsFast web site.
Assignment
You may not assign, delegate or transfer your rights or obligations under these
Terms and Conditions. If a court finds any of these Terms and Conditions of Use
to be unenforceable or invalid, that Term or Condition will be enforced to the
fullest extent permitted by applicable law and the other Terms and Conditions
of Use will remain valid and enforceable.
Entire Agreement
The Terms and Conditions of use, together with those items made a part of these
terms by reference, make up the entire agreement between us relating to your
use of our site, and replaces any prior understandings or agreements (whether
oral or written) regarding your use of our site.
PDI Customer Support
Questions or problems regarding use of the CarPartsFast web site may be directed
to CarPartsFast Customer Support by writing to Parts Depot, Inc., Attn:
Customer Support at support@carpartsfast.com
. You agree that PDI may keep records of the conversations that PDI employees
have with you in order to monitor the quality of PDI's service and to ensure
that the information needed is received. However, PDI's customer service
employees are not authorized to waive any provision of these Terms and
Conditions
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