Use of this Site
You are permitted to use partsupply.us (the “Site”) for the purpose of making offers (if you are registered as a Supplier) or accepting offers (if you are registered as a Purchaser). In registering to use this Site, you must provide true, accurate and complete information about yourself and agree to abide by all Offering Rules that are now or in the future posted on the Site. All such Offering Rules are incorporated here by reference. We allow users to use this Site within our sole discretion and may terminate your right to use the Site for any or no reason at all.
Fees and Payment Terms
Suppliers shall pay an offer of $0.00 per offer and a transaction fee of 5% of the offer upon the acceptance of an offer by a Purchaser. We will invoice Suppliers for such fees on a monthly basis. Suppliers will pay the invoice within thirty (30) days from the date of the invoice. Interest will accrue on past due amounts only and not unpaid interest at a rate of 2.0% per month. We, in our sole discretion, may increase any fees including offer fees and transaction fees upon thirty (30) days notice prior to the effective date of such increases. Furthermore, we reserve the right to increase fees to reflect additional functionality of the Site.
At present, there are no fees charged to Purchasers, however, we reserve the right to charge fees to Purchasers upon thirty (30) days notice prior to the effective date of such fees.
Site Content
All content, trademarks, product names, company names and logos appearing on this Site are the property of partsupply.us (also referred to as “we” or “us”). We reserve all rights with respect to the content on and/or use of this Site. This Site and its content may not be copied in anyway without our express written consent. We may provide links to you from the Site solely for your convenience, and the inclusion of any link is not an endorsement by us of the linked site or its contents. We assume no responsibility for any other party's linking to this Site or in which any part of this Site has been hyperlinked.
Compliance with Applicable Laws
You shall comply with any and all applicable state and federal laws and regulations in your use of the Site.
Disclaimers
We make no representation as to the completeness and accuracy of the information contained in this Site. This information may be incomplete, may contain errors or may become out of date. We may make changes or improvements at any time. THIS SITE,
THE INFORMATION AND CONTENT ON THE SITE, THIS PUBLICATION AND ANY REFERENCES TO
PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE
INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. FURTHER, WE DO NOT GUARANTEE
CONTINUOUS OR SECURE ACCESS TO THE SITE, AND OPERATION OF THE SITE MAY BE INTERFERED
WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE DISCLAIM LIABILITY FOR ANY LOSS
OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE OF OUR SITE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES
RESULTING FROM THE UNLAWFUL ATTAINMENT OR USE OF PERSONALLY IDENTIFIABLE
INFORMATION. YOU WILL NOT HOLD US RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS OR
INACTIONS, OR OFFERS THEY LIST. WE ARE NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN
SUPPLIERS AND PURCHASERS. WE HAVE NO CONTROL OVER AND DOES NOT GUARANTEE THE
QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF USERS’
CONTENT OR LISTINGS, THE ABILITY OF SUPPLIERS TO SELL ITEMS, THE ABILITY OF PURCHASERS TO
PAY FOR ITEMS, OR THAT A PURCHASER OR SUPPLIER WILL ACTUALLY COMPLETE A TRANSACTION. The above exclusions may not apply to jurisdictions in which the exclusion of implied warranties is not permissible.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE OR ANY LINKED SITES. IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE OR TORT.
Release
If you have a dispute with one or more other users of the Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnification
You agree to indemnify us and our respective officers, directors, shareholders, members, employees, agents representatives, parents, subsidiaries, affiliates, licensors and content providers for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of the Site and any violation of any law, rule or regulation arising out of such use or (b) any violation of this User Agreement.
Privacy
Privacy issues are governed by the Partsupply.us Privacy Policy, the terms of which are incorporated here by reference.
Mediation
You agree with us to attempt in good faith to resolve any dispute arising out of this User Agreement. The following procedure must be followed before the institution and maintenance of an action for judicial relief. In the event of a dispute between you and us arising out of the contents of this User Agreement or your use of the Site, you agree with us that the dispute shall be submitted to non-binding mediation in accordance with the then current mediation rules of the American Arbitration Association. The parties shall bear equally the cost of the mediator and the AAA fees. Either party may initiate mediation by written request to the other party. Such mediation shall take place in Southfield, Michigan. The mediation and all proceedings, discovery and the mediation result shall be confidential. The parties, their witnesses, their counsel, and the mediator(s), shall sign appropriate non-disclosure agreements and shall not disclose any information obtained during the course of the mediation to any person or entity who or that is not a party to the mediation unless required by law. Attendance at the mediation shall be limited to the mediator(s), the parties, their counsel, and those called as witnesses, if any. Notwithstanding this section, we retain the right to seek immediate judicial relief in the event that our proprietary rights are being compromised.
Governing Law
This User Agreement will be governed and interpreted pursuant to the laws of the State of Michigan, United States of America, without giving effect to any principles of conflicts of law. Any litigation arising out of or related to your access to or use of this Site will be brought only in the federal or state courts of competent jurisdiction in Wayne County, Michigan, United States of America. By accessing or using this Site, you consent and submit to personal jurisdiction of these courts for the purposes of litigating such action.
General
This User Agreement constitutes the entire agreement between you and us and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this User Agreement. If any part of this User Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. We will not be liable in any amount for failure to perform under this User Agreement if such failure is caused by fire, flood, earthquakes, tornadoes, war, acts of God, terrorist acts or the occurrence of any other unforeseen contingency beyond our control. We shall respond to subpoenas, court orders, or other appropriate requests from law enforcement, or to establish or exercise our legal rights or defend against legal claims. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. We may revise this User Agreement at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the site, at any time.