By using the Partingout.com web site ("Partingout.com" or the "Site"), a service of Partingout.com, LLC, a Texas limited liability company, you (the "user" or "you") agree that the following terms and conditions govern your use of Partingout.com and the data and materials generated therein.
BY CLICKING THE "I AGREE" BUTTON, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT CLICK THE "I AGREE" BUTTON, AND YOU MAY NOT USE Partingout.com AND YOU WILL NOT BE ABLE TO CREATE AN ACCOUNT.
Should you object to any term or condition, or any subsequent modifications or become dissatisfied with Partingout.com in any way, your only recourse is to immediately discontinue use of Partingout.com. Partingout.com has the right, but is not obligated, to strictly enforce any term or condition through self-help, community moderation, active investigation, litigation and prosecution.
Partingout.com is a Venue: Partingout.com acts as a venue to allow users who comply with Partingout.com's policies to offer, sell, and buy new or used parts or products, including but not limited to certain automobile and truck parts in a negotiation or immediate purchase format. Partingout.com is not directly involved in the transaction between buyers and sellers. As a result, Partingout.com has no control over, and makes no warranty or guarantee regarding, the quality, usability, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Partingout.com cannot guarantee the true identity, age, and location of a user. Partingout.com does not pre-screen users or the content or information provided by users. Partingout.com cannot ensure that a buyer or seller will actually complete a transaction.
Partingout.com does not transfer legal ownership of items from the seller to the buyer.
You agree that Partingout.com is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Partingout.com. You use the Partingout.com service at your own risk.
For every transaction that is commenced through our site, you must make your own independent determination regarding the statements, product descriptions, conditions, representations, interchange of the part and/or compatibility of the part, made by the other party and the party's ability to pay for or deliver the good(s) offered. Please use caution, common sense, and practice safe trading when dealing with other users or using the site. Partingout.com encourages you to communicate directly with potential transaction partners through the tools available on Partingout.com or other means of communication. You may also wish to consider using a third party escrow service or services that provide additional user verification.
AGE: Partingout.com's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
COMPLIANCE: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Partingout.com's service and your listing, purchase, solicitation of offers to purchase, and sale of items. You are responsible for all applicable taxes.
PASSWORD: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Partingout.com of any unauthorized use of your password or any breach of security. You also agree that Partingout.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
ACCOUNT INFORMATION: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Partingout.com, you must have a valid credit card on file with Partingout.com at all times. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
You can allow other sub-users under your account. The main user and the sub user and the business entity are responsible for all activity that occurs under the main account, including the activity of the main user and sub-user. All of these terms and conditions apply to sub-users and activity that occurs under the main account.
ACCOUNT TRANSFER: You may not transfer or sell your Partingout.com account and User ID to another party.
TERMINATION OR SUSPENSION OF SERVICE: Partingout.com may terminate your access to the website for any reason, in its sole discretion. Partingout.com may also suspend or discontinue the website without notice. Partingout.com's services are not available to temporarily or indefinitely suspended Partingout.com members. Partingout.com reserves the right, in Partingout.com's sole discretion, to cancel unconfirmed or inactive accounts. Partingout.com reserves the right to refuse service to anyone, for any reason, at any time.
You acknowledge that Partingout.com may establish limits concerning use of the site, including the maximum number of days that content will be retained by the site, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the site, and the frequency with which you may access the site.
If Partingout.com terminates your account, if you close your account, or if the payment of your Partingout.com fees cannot be completed for any reason, you remain obligated to pay Partingout.com for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Partingout.com.
FEES & SERVICES: Partingout.com charges fees as a percentage of the sale price when the item sells. Partingout.com's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Partingout.com's services are effective after Partingout.com provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Partingout.com may choose to temporarily change the Fees Policy and the fees for Partingout.com's services for promotional events (for example, free listing days); such changes are effective when Partingout.com posts the temporary promotional event on the Site. Partingout.com may, at Partingout.com's sole discretion, change some or all of Partingout.com's services at any time. In the event Partingout.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees associated with using Partingout.com as set forth in the Fees Policy. Partingout.com keeps sellers' valid credit card or other accepted payment information on file. When an offer is accepted, the seller is emailed an invoice detailing the amount due and charges made to the seller's credit card. A seller must pay the amount due in full within 15 days of the date of the invoice. If the seller's account is not paid in full within 15 days of the date of the invoice, the seller risks penalties such as the suspension of privileges and/or termination of the account.
LISTING DESCRIPTION: By listing an item on the Site you warrant that you and all aspects of the item comply with Partingout.com's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
POLICIES: All sellers must clearly state required outline policies. These policies may include, for example: shipping, returns, warranty, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All policies must comply with Partingout.com's site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Partingout.com reserves the right to request that a seller modify a policy. Partingout.com will set mandatory fields for policies which may include, among others, shipping/handling policy, warranty information, and return policy.
BINDING SALE: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity or proper shipping address. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
FEE AVOIDANCE: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Partingout.com transaction fees, misrepresent the item's location, or use another user's account without permission. Partingout.com will not keep users from communicating however they wish. But Partingout.com will not tolerate users who choose to trade outside of Partingout.com with the intent to avoid paying Partingout.com fees. Breaching this clause will result in your account being cancelled by Partingout.com immediately.
PROHIBITED, QUESTIONABLE & INFRINGING ITEMS AND ACTIVITIES: You are solely responsible for your conduct and activities on and regarding to Partingout.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Partingout.com.
RESTRICTED ACTIVITIES: Your Content and your use of Partingout.com shall not:
LICENSE: Partingout.com does not claim ownership rights in your Content. You grant Partingout.com a license solely to enable Partingout.com to use any information or Content you supply Partingout.com so that Partingout.com is not violating any rights you might have in that Content. You grant Partingout.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Partingout.com to store or re-format your Content on Partingout.com and display your Content on Partingout.com in any way as Partingout.com chooses.
RE-POSTING CONTENT: By posting Content on Partingout.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold Partingout.com harmless for any dispute concerning this use. If you choose to display your own Partingout.com-hosted image on another website, the image must provide a link back to its listing page on Partingout.com.
INFORMATION CONTROL: Partingout.com does not control the Content provided by users that is made available on Partingout.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Partingout.com, you agree to accept such risks and that Partingout.com (and Partingout.com's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Partingout.com.
OTHER RESOURCES: Partingout.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Partingout.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Partingout.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
RESOLUTION OF DISPUTES AND RELEASE: In the event a dispute arises between you and Partingout.com, please contact Partingout.com.
Notification of Claims of Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Partingout.com's agent for notice of claims of copyright or other intellectual property infringement ("Agent"),
Please provide our Agent with the following Notice:
Partingout.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
ACCESS AND INTERFERENCE: You agree that you will not use any robot, spider, scraper or other automated or manual means to access Partingout.com for any purpose without Partingout.com's prior express written permission. Additionally, you agree that you will not:
BREACH: Without limiting any other remedies, Partingout.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn Partingout.com's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
NO WARRANTY: Partingout.com, Partingout.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Partingout.com'S SUPPLIERS PROVIDE Partingout.com'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Partingout.com, Partingout.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Partingout.com'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Partingout.com SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Partingout.com MAKES NO WARRANTY THAT THE SITE WILL SATISFY YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES Partingout.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE.