Terms and Conditions of Use Agreement

Welcome to website (the “Website”) of Affordable Parts & Equipment, Inc. (“Affordable Parts”, “we”, “us, or “our”). By accessing, visiting, browsing, using, or attempting to interact with any part of the Website, you agree that you have read, understand, and agree to be bound by this Terms of Use Agreement (“Agreement”).

Affordable Parts reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of the Website, at any time and in its sole discretion. Any changes or modification will be effective upon posting to the Website.

IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, VISIT, BROWSE, OR USE OTHERWISE ATTEMPT TO INTERACT WITH THE WEBSITE.

Questions or comments about the Website or its contents should be directed to Affordable Parts at [email protected]

 

Limited License and Access

Affordable Parts grants you a limited license to make personal and non-commercial use only of the Website. Such grant does not include, without limitation: (a) any resale or commercial use of the Website or its content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Website and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. 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 Affordable Parts of any third party. While Website material may be printed, you agree use of such printed materials shall similarly be limited to only personal non-commercial purposes. Any rights not expressly granted by this Agreement are reserved are reserved by Affordable Parts.

You are granted a limited, non-exclusive right to create a hyperlink to the Website provided such link does not portray Affordable Parts or any of its products in a false, misleading, derogatory or otherwise defamatory manner. You may not use an Affordable Parts logo or other proprietary graphic or trademark of Affordable Parts to link to the Website without the express written permission of Affordable Parts. This limited right may be revoked at any time.

 

Registration

You are required to register in order to access certain areas and functions of the Website. When registering, you agree to (i) provide current, accurate, and complete information and (ii) timely update this information, as needed. You agree to keep your login and password confidential and that you shall be solely responsible for all actions taken under your login and password. If you have reason to believe that the security of your login or password has been compromised, you must immediately notify Affordable Parts.

 

Unauthorized Uses

In connection with accessing or using the Website, you agree not to (i) access or attempt to access restricted information, (ii) modify or attempt to modify the content of the Website in any way, (iii) copy, print (except as expressly permitted above), republish, redistribute, or otherwise make available in any form or by any means all of any portion of the Website or the content thereof without the express written permission of Affordable Parts, (iv) engage in fraudulent, deceptive or intentionally disruptive or malicious activity of any kind, (v) use any device, software or routine, including, but not limited to any computer viruses or other malicious or harmful code, to interfere or attempt to interfere with the proper working of the Website or any transaction conducted on the Website, (vi) take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure, (vii) disclose any information available only to a user with a login and password, including information relating to Affordable Parts’ pricing or stock levels, to any third party, or (viii) use or access the Website in a manner that violates applicable law or the rights of a third party.

Any unauthorized use of the Website will terminate the license granted by this Agreement and may also violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.

 

User Representatives

You represent that you are at least eighteen (18) years of age and possess the legal right and ability to enter into this Agreement.

 

Copyright

The content, organization, graphics, design, compilation and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You do no acquire ownership rights to any content, document, or other material viewed through the Website. Some of the content on the Website may be the copyrighted work of third parties.

 

Disclaimer

THIS WEBSITE AND ALL CONTENTS OF THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH A LL NECESSARY SERVICING OR REPAIR OR ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT WE OR ANY THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY TYPE OF DAMAGES TO THE FULLEST EXTENT ALLOWED BY LAW. WE DO NOT WARRANT THAT ANY INFORMATION, FUNCTIONS, APPLICATIONS, CONTENT, OR OTHER MATERIALS (WHICH INCLUDE WITHOUT LIMITATION USER GENERATED CONTENT OR INFORMATION) WILL BE FREE FROM ERRORS, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, THAT ANY TYPE OF ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, OR THAT ANY CONTENT OR INFORMATION LOCATED IN OUR WEBSITE WILL BE FREE FROM ELECTRONIC VIRUSES OR OTHER POTENTIALLY HARMFUL PROGRAMS OR COMPONENTS. THE ENTIRE RISKS OF THE ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, QUALITY AND VALIDITY OF ANY OF THE INFORMATION OR MATERIALS CONTAINED WITHIN OUR WEBSITE LIES WITH YOU.

To the extent that we provide information, content, or hyperlinks to websites to or from parties or entities not owned by Affordable Parts, such content is provided for informational purposes only and we do not independently investigate the validity or accuracy of the information provided. We expressly disclaim all warranties express or implied relating thereto. We do not endorse or take responsibility for any products or services or the delivery of any products or services accessed, obtained or procured, or advertised from such websites. Affordable Parts will not be liable or responsible for any errors, omissions, or results obtained by the use of any information contained within these websites as well. Affordable Parts will not incur any type of liability for any type of damages resulting from but not limited to negligence, breach of contract, libel, defamation, infringement of copyright or other intellectual property rights, arising from the exhibition, dissemination, distribution, or exploration of any information contained within the hyperlinked websites of third parties. Any claim against Affordable Parts is hereby waived for any information, content or material (including without limitation user generated content) represented on any third part website or any information provided tot the third party website (including without limitation personal, financial, other type of identifying information).

From time to time there may be information located within our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after you have submitted your order).

 

Log Data and Website Cookies

Generally, all information containing personally identifiable information is provided to Affordable Parts on a voluntary basis from you. However, our servers may automatically detect information such as your IP address, browser type, operating system, page views, or other statistical data (Log Data) related to our Website. This information generally does not contain personally identifiable information, and this information generally is not linked to any personally identifiable information that you may provide Affordable Parts during your visit to our Website. While we may disclose, sell, or distribute this statistical information about our Website to other parties, the information will not contain any information traceable to a single person or entity. If for some reason this type of information becomes linked to you in a personally identifiable way, it will be treated as personal information under this policy.

Cookies may also be used by our Website. Cookies will not damage your computer or read information from your hard drive. Cookies allow certain actions by a user to be remembered by a Website. We do not store any personal information in our cookies, and our cookies are not linked to any personal information stored in our database. However, you can disable the use of cookies on your computer by changing the preferences of your web browser.

 

Communications from Affordable Parts

You agree that Affordable Parts may contact you by phone, email or other reasonable means for the purposes of conducting regular business. Unless you contact Affordable Parts of opt-out of future promotional emails, you agree that Affordable Parts may also send you mails for promotional or marketing purposes unrelated to the conduct of regular business.

 

Limitation of Liability/Indemnification

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, NOR SHALL WE BE HELD LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO THE AFOREMENTIONED DAMAGES FOR THE CONDUCT OR ACTIONS (ONLINE OR OFFLINE) OF ANY USER OF THIS WEBSITE.

Applicable laws may limit the exclusion of certain warranties or liability for certain types of damages. Therefore, some of the limitations listed above may not be applicable to your situation. However, in no event shall Affordable Part’s total liability to you for any claims, damages, or loss in contract or tort (including but not limited to negligence) exceed the amount paid by you, if any, for accessing our Website.

You agree to indemnify and hold Affordable Parts, its employee, officers, directors and agents (“Indemnified Parties) harmless form and against all losses, expenses, damages and costs, including reasonable attorney’s fees, arising from (i) any breach of this Agreement by you, including any use of the Website’s content other than as expressly authorized by the limited license granted herein, and (ii) any activity related to your login, including any negligent or wrongful conduct by you or any other person accessing the Website through your login. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You agree to also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any information accessed from the Website.

 

Applicable Law and Venue

This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, applicable to agreements made and entirely to be performed within the Commonwealth of Kentucky, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in County, Kentucky and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.

 

Termination

Affordable Parts reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website.

 

Severability

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.