These terms are effective as of December 12, 2014.
Other online properties of Parts Town may contain different guidelines, policies, and other terms, which such separate terms shall be posted on that online property. Each online property is governed by its applicable terms.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, or register on the Site. In the event we become aware you are under 18, we will terminate your registration.
While you may access the Site without registering, in order to use some features of the Site you may be required to register and create a password and user name, which shall consist of an email address you provide (“Username”). You represent and warrant that any registration information you provide is your own, is accurate, and complete and that you will immediately inform us and update your profile with any changes or corrections to your registration and profile information.
You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your Username and password, whether or not you authorize such activities. Any Username and password for your access to the Site shall be for your personal, non-commercial use only. You agree to immediately notify us of any unauthorized use of your Username or password of which you become aware. Upon notice from you, we will deactivate your account.
License to and Use of the Site
Parts Town grants you a limited license to make personal use of the Site. This license grant does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Parts Town or any third party.
You may not use, frame or utilize framing techniques to enclose any Parts Town trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Parts Town’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Parts Town name, trademark, or product name without Parts Town’s express written consent.
Any unauthorized use of the Site will terminate the rights granted by these Terms and may result in the violation of applicable law including applicable intellectual property, privacy, and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Permitted uses of the Site include soliciting opinions, ideas and other input from users; sharing ideas and opinions with other users, searching the Site for User Content and business or product information from the Site for personal or business use, provided that such use does not include resale. You acknowledge and agree that we do not control the User Content posted to the Site, or any links to other websites, including the content of any messages posted by users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i ) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Site, and (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Site. All User Content, including advice and opinions posted by users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of Parts Town. You understand that, by using the Site, you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions on Use
Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your Username to): (a) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Site, except and to the extent expressly permitted under these Terms; (b) remove any copyright, trademark or other proprietary rights notice contained in or on the Site; (c) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site; (d) collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share information or reviews with other users; (e) reformat or frame any portion of any web page that is part of the Site; (f) create user accounts by automated means or under false or fraudulent pretenses; (g) create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site; (h) submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by Parts Town; (i ) transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other web site, or any computer or other device or system, or the enjoyment of the Site by any user; (j) use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes); (k) submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene; (l) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the Site or the IT infrastructure used to operate and make the Site available; (m) use the Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or (n) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Subject to the following restrictions, registered users may post, upload or transmit User Content on the Site. Without limiting the generality of any other provisions of these Terms, you agree: (a) you may not post, upload or transmit any User Content that (i ) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent; (b) and understand that we do not monitor but reserve the right to review and delete any User Content, including User Content that, in our sole discretion, (i ) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity; (c) you are solely responsible for any User Content you post, publish or display on the Site or transmit to users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other user, or any other entity or individual, in connection with the Site. You are solely responsible for the resolution of any disputes that arise between you and any other user or any other entity or individual; (d) you will post only User Content you believe in good faith to be true and accurate, and you will not post to the Site any User Content that you know to be false, inaccurate, misleading or fraudulent; (e) if you are employed by Parts Town or if you have received or will receive any compensation or consideration from Parts Town, including but not limited to product samples, directly or indirectly in exchange for any opinion, endorsement, review or critique that you post, upload or transmit on the Site, you must clearly and conspicuously disclose the nature of your connection to Parts Town; (f) by uploading User Content to the Site, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant: (i ) Parts Town, its affiliates, our respective contractors, and our business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user’s personal or business use in accordance with these Terms; and (g) and understand that Parts Town may be working on the same or a similar idea or concept to any ideas, expression of ideas or other materials you submit within your User Content, or that Parts Town may already know of such an idea or concept from other sources, or that Parts Town may simply wish to develop this (or a similar idea) on its own or it may have taken/will take some other action.
You shall not, with respect to the User Content or your use of the Site, post any User Content that, without limitation: (a) is patently offensive to Users, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person or User; (c) promotes illegal activities or conduct that is abusive; (d) is threatening, obscene, defamatory or libelous; or (e) is pornographic or sexually explicit in nature.
Parts Town retains the right to remove any User Content from the Site that in Parts Town’s sole discretion violates any of the restrictions or guidelines defined in these Terms.
Use of Advertising
Parts Town does not restrict who may register for the Site and post content. It is possible that some users may be employed by a supplier or vendor of services or products that are available via Parts Town. While we encourage everyone to contribute, we discourage unwanted solicitations in order to allow users to find the content they are looking for. In order to help foster discussion, we have a few simple rules to help reduce the number of unwanted solicitations, and we actively enforce them.
We do not want you to hide your identity, so you may, via your signature or identification line on your post, include your company name, a link, and your contact information. However, you may not include sales materials or use the signature to advertise your company, or its products or services. This includes restrictions on posting multiple posts in order to advertise your company or its products and services. We reserve the right to delete any posts that violate this rule. We also reserve the right to suspend or terminate any account that continues to violate this rule.
If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
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;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:
If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cook County, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Parts Town may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Parts Town’s sole discretion.
As between you and us, the Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of Parts Town or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.
Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Parts Town.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BY USE OF THIS SITE, YOU EXPRESSLY CONSENT TO AND ASSUME THE RISK OF HARM, INCLUDING SERIOUS PERSONAL INJURY AND DEATH. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BETWEEN YOU AND US. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation on Liability
IN NO EVENT SHALL PARTS TOWN OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, SERIOUS INJURY, OR DEATH) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, PARTS TOWN’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Third Party Advertisements and Web Sites
We may display advertisements from third parties on the Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Updates and Changes
You acknowledge and agree that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. All such modifications are subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, user profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Site by or on behalf of any user (all such items provided by or on behalf of users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators’ use of the Site.
We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms.
You agree that by entering into these Terms, you and Parts Town are each waiving the right to trial by jury and the ability to participate in litigation.
ALL DISPUTES BETWEEN YOU AND PARTS TOWN RELATING IN ANY WAY TO THE SITE (INCLUDING THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
If you intend to seek arbitration you must first send to Parts Town, by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to the Parts Town, LLC, 1150A N Swift Rd., Addison, IL 60101, Attention: CEO. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Chicago, Illinois ofﬁce of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within ﬁfteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual ﬁndings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within ﬁfteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
These Terms are governed by the laws of Illinois without regard to conﬂicts of laws principles. Access or use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Term, including without limitation the above paragraph.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST PARTS TOWN IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE SITE (INCLUDING THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (BINDING ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND PARTS TOWN.
Parts Town or you may seek injunctive relief in any state or federal court in Chicago, Illinois, USA, and you consent to the exclusive jurisdiction and venue in the state and federal courts in Chicago, Illinois, USA for injunctive relief purposes.
Contact and Violations
Please contact us with any questions regarding these Terms. Please report any violations of the Terms to email@example.com.
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