STOREFRONT WEB SITE TERMS AND CONDITIONS OF USE

The Storefront Owner through its own efforts and those of its licensors (“Storefront Owner”), provides information and services on its World Wide Web site (the "Site") under the following terms and conditions (“Terms of Use”). By accessing and/or using the Storefront Site, you (a “User”) indicate your acceptance of these Terms of Use.

LAWS AND REGULATIONS

Access to, and use of the Site, are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.

COPYRIGHT AND TRADEMARKS

The information available on or through the Site is the property of Storefront, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Except as set forth below, Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for its own or any third party’s commercial or public purposes. Users may not use the trademarks, logos and service marks ("Marks") relating to the Storefront, for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites on the World Wide Web without the written permission of Storefront or such third party that may own the Mark.

TAMPERING

Storefront User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in Storefront's website. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.

THIRD PARTY INFORMATION

Although Storefront Owner monitors the information on the Site, some information is supplied by independent third parties. While Storefront Owner makes every effort to supervise the accuracy of information on the Site, Storefront Owner makes no warranty as to the accuracy of any such information.

LINKS TO THIRD PARTY SITES

This Site contains links that will let you access other websites that are not under the control of Storefront Owner. The links are only provided as a convenience and Storefront Owner does not endorse any of these sites. Storefront Owner assumes no responsibility or liability for any material that may be accessed on other websites reached through this Site nor does Storefront Owner make any representation regarding the quality of any Part, product or service contained at any such site or the accuracy of any information or listing presented therein.

LINKS FROM THIRD PARTY SITES

Storefront Owner prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. Storefront Owner reserves the right to disable any unauthorized links or frames. Storefront Owner has no responsibility or liability for any material on other websites that may contain links to this Site.

NO WARRANTIES

Information, including Parts listings, functions and documents provided on this Site are provided or hosted by Storefront Owner "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Storefront Owner uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. Storefront Owner periodically adds, changes, improves, or updates the information and documents on this Site without notice. Storefront Owner assumes no liability or responsibility for any errors or omissions in the content of this Site. User’s use of this Site is at its own risk.

ACCESS AND INTERFERENCE

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Storefront Owner by Users, licensors or third parties. User agrees that it will not use any robot, spider, scraper or other automated means to access the Site for any purpose without Storefront Owner’s express hand written permission.

Additionally, User agrees that it will not:

• take any action that imposes or may impose (in Storefront Owner’s sole discretion) an unreasonable or disproportionately large load on Storefront Owner’s infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior express written permission of Storefront Owner and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the Site, services, Parts listings or tools, or any activities conducted on or with the Site, services or tools; or
• bypass Storefront Owner’s robot exclusion headers or other measures Storefront Owner may use to prevent or restrict access to the Site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL STOREFRONT OWNER BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, ANY USER OR OTHERS, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE, THE USE, INABILITY TO USE, DEFECTS OR OTHER ISSUES RELATED TO PARTS PURCHASED THROUGH THE SITE, THE OUTCOME OF ANY TRANSACTION BETWEEN USERS OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF STOREFRONT OWNER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

Users shall indemnify and hold harmless STOREFRONT OWNER against any liability, claim, loss, damage or expense, of every nature and kind in law or equity, related to, arising out of or in connection with (i) User’s breach of any of its obligations set forth herein; (ii) any use, misuse or misappropriation of any information obtained from the Site in breach of any of User’s covenants, obligations or representations herein; (iii) any failure of User to comply with any applicable laws or regulations regarding use of the Site, listings or transactions contemplated herein; and (iv) sales, exchanges, transfers or use of Parts by or on behalf of any User or third party.

PRIVACY

Protecting the privacy of our clients and Users of our Site is important to Storefront Owner. The Storefront Web Site Privacy Notice describes how Storefront Owner uses and protects information Users provide to us. Please review the Storefront Privacy Notice as it also governs User’s use of the Site.

SECURITY

The security of information transmitted through the Internet can never be guaranteed. Storefront Owner is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. In order to protect Users and their data, Storefront Owner may suspend a User’s use of the Site, without notice, pending an investigation, if any breach of security is suspected.

TRANSMISSION OF PERSONAL DATA

User acknowledges and agrees that by providing Storefront with any personal information through the Site, User consents to the transmission of such personal User information over international borders as necessary for processing in accordance with Storefront's standard business practices and the Storefront Privacy Notice.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site is restricted to authorized Users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

TERMS APPLICABLE TO PARTS LISTINGS AND BUYING USERS OF ALTERNATIVE AUTOMOTIVE PARTS ON THE STOREFRONT

In the event User utilizes the Parts buying features of this Site, the following additional terms and conditions apply.

Parts Information. Storefront Owner is providing access to the Site to User for the purpose of buying alternative automotive parts (“Parts”).

Communication. Storefront Owner will promptly reply to any questions from Parts buying Users (“Buying Users”) during the buying and delivery process. All communications between Users are to be professional. Storefront Owner reserves the right to terminate User access to communications through the Site that it determines to be inappropriate, profane or offensive. Storefront Owner reserves the right to contact Buying Users to solicit feedback regarding the Site and their overall experience with it.

Shipping. Storefront Owner offers Buying Users the option to pick up purchased Parts at Storefront’s business location. Storefront will list all Parts with a shipping fee that, in no event, exceeds an amount deemed fair to a reasonable person and/or represents Parts industry standard practices. Storefront Owner may provide additional shipping options (in addition to the lowest fee option, such as flat rate or free shipping) consistent with industry standards for on-line retailers and/or the Parts industry. Storefronts Owners, will ship items to Buying Users within five (5) business days of the date of purchase, regardless of whether or not PayPal has released payment to the Storefront Owner, if the transaction is managed through the PayPal option. Storefront Owners will include order specific details on appropriate packing slip materials that also reflect selling price, insurance, shipping charges, if any, and applicable taxes. Storefront Owner packing and shipping materials will be appropriate and professional, reflecting positively on the Automotive Recycling Industry.

Applicable Taxes. The Site includes a tax calculation tool for all sales.

Buyer satisfaction, returns, delivery errors and disputes. Buying Users may return and Storefront Owner will accept return of purchased Parts if conducted within the requirements of the Storefront Owner’s return policy that is both posted to the Storefront and easily accessible. If there is no posted and easily accessible return policy, then Buying Users may return and Storefront Owner will accept return of purchased Parts within forty-five (45) days of the purchase date as long as such Parts are in the same condition as when shipped by Storefront Owner. Buying Users must contact Storefront directly to return purchases. In the event of damage to Parts from condition or grade represented in Storefront Owner’s listing for such Part, or delivery failure to Buying Users, Storefront Owner shall refund Buying Users or otherwise resolve such claim. Buying Users must contact Storefront Owner directly regarding any claims or disputes regarding a Part transaction.

Fees. In the event a User pays for an order through the Site’s PayPal interface, the User is subject to PayPal’s terms and conditions and responsible for all fees associated with their PayPal account.

Compliance with Laws. All Users of the Site are responsible for their own compliance with all applicable laws, including export laws, relating to their use of the Site and the transactions contemplated herein. Storefront Owner accepts no responsibility for a User’s failure to comply with applicable law. All Users of the Site will indemnify and hold harmless Storefront Owner, its licensors and its assigns from any and all claims by third parties or other Users, arising out of or related to User’s use of the Site in contravention of applicable law or the Terms and Conditions of Use of the Site.

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In Storefront Owner’s sole discretion, it may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Storefront Owner’s failure to act with respect to a breach by User or others doesn't waive Storefront Owner’s right to act with respect to subsequent or similar breaches. Storefront Owner does not guarantee it will take action against all breaches of this Agreement. Storefront Owner may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by Storefront Owner and a User. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature. This Agreement sets forth the entire understanding and agreement between Storefront Owner and Users with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Parts Listing Content, No Warranties, Limitation of Liability, Transmission of Personal Data Indemnity and Disputes.

DISPUTES

Any dispute or claim relating in any way to a User’s use of a Site or regarding any Parts sold or purchased through the Site will be resolved by binding arbitration, rather than in court [except that you may assert claims in small claims court if your claims qualify]. The Federal Arbitration Act and federal arbitration law apply to such disputes. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. All Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Users waive any right to a jury trial.

Last Updated: 07 JAN 2014