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:
Be false, inaccurate or misleading;
Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
Violate this Agreement, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Partingout.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
Be obscene, distasteful, vulgar or contain any pornography as determined in our sole discretion;
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or personal information;
Host images or links not part of a listing;
Modify, adapt or hack Partingout.com or modify another website so as to falsely imply that it is associated with Partingout.com;
Appear to create liability for Partingout.com or cause Partingout.com to lose (in whole or in part) the services of Partingout.com's ISPs or other suppliers; or
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"), at
Please provide our Agent with the following Notice:
Identify the material on Partingout.com that you claim is infringing, with enough detail so that we may locate it on the website;
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 declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
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:
Take any action that imposes, or may impose, in Partingout.com's sole discretion, an unreasonable or disproportionately large load on Partingout.com's infrastructure;
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
Bypass Partingout.com's robot exclusion headers or other measures Partingout.com may use to prevent or restrict access to Partingout.com.
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.
1. OUR COMMITMENT TO PRIVACY
2. THE INFORMATION WE COLLECT ABOUT YOU AND HOW WE USE IT
When you enter our website, we automatically collect and store certain information such as:
Your IP address and domain name.
The type of browser and operating system you use.
The time of your visit.
The pages of our site you visit.
Data on searches you perform (such as vehicles, parts, keywords, zip codes).
This information is used for administrative and technical purposes. Such purposes could include counting the number of visitors to our site and individual pages within the site, determining referral sources to our website, assessing the technology used to access our site, and assisting with site maintenance.
If you register on our website, we will collect personal information that you provide. To register, you will be required to create a user name and account password and provide your name, mailing address, shipping address, company name, telephone number, email address and tax identification number (if claiming tax exemption) and possibly other personal and/or business information deemed necessary to conduct business. By registering, we will use your information to help track your orders and review previous orders, offers and bids. We will also use this information to send you electronic notices, let you know about specials and promotions, and/or conduct surveys. If you do not wish to receive this information, please let us know and we will remove your information.
Registration is required to buy or sell anything on Partingout.com. The paragraph above mentions the information we collect during the registration process. In addition, to make sales, you must provide credit card information to a third-party credit card provider. Your credit card will only be charged for Partingout.com fees. The money to be paid by the buyer shall be paid directly to the seller. All Partingout.com fees are collected between Partingout.com and the seller, not the buyer. Except as set forth in the fee schedule, Partingout.com will have no involvement in the financial transaction between buyer and seller. Partingout.com does not have access to your credit card information. Sellers must provide detailed information about the product to be sold, including a description and photo. Sellers are encouraged to provide all terms that will govern the transaction, including but not limited to, their billing address, shipping instructions, insurance instructions, warranty information and any other terms that will apply to transactions involving the seller.
3. COOKIE USAGE
4. YOUR RIGHT TO SEE AND CORRECT INFORMATION
If you wish to see the information we collect about you, please contact us at [email protected]. If you feel the information is incorrect, please send any corrections to us at [email protected]. We will either update your information or include your correction with any information we store or use.
5. NO EMAIL REQUESTS FOR PERSONAL INFORMATION
As you know, consumers are increasingly targeted by unscrupulous persons attempting to acquire sensitive personal or financial information, by impersonating legitimate businesses. We will never send you an unsolicited email or other communication requesting your private information. If you receive a communication directing you to enter your personal information, please disregard the instruction and contact us immediately at [email protected].
6. ENCRYPTION AND AUTHENTICATION
We take security seriously and take numerous precautions to protect the security of personally identifiable information. You can access your personally identifiable information on our website through a password and your email address. This password is encrypted. We recommend that you do not share your password with anyone. In addition, your personally identifiable information resides on a secure server that only selected personnel and contractors have access to. We encrypt certain sensitive information using Secure Socket Layer (SSL) technology to ensure that your personally identifiable information is safe as it is transmitted to us.
No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the website, and are not responsible for the actions of any third parties that may receive any such information.
7. LINKS TO OTHER USEFUL SITES
We may provide links to web sites maintained by third-parties that may be of interest to you. These links are provided as a convenience to you. We have no control over linked sites, and cannot guarantee the accuracy of any information on them, nor make any pledges concerning the host's privacy policies.
8. LIMITED DISCLOSURE
From time to time, we may engage third-parties to assist in providing marketing, back-end, programming and support services. These third-parties will only have access to information to the extent necessary to provide such services. Except as specified above, we do not intend to disclose any personal information about you to any third-party without prior consent unless we have a good faith belief that such action is necessary to: (i) complete your transaction; (ii) comply with legal process or other legal requirements of any governmental authority; (iii) protect and defend our rights or property; and (iv) enforce the terms and conditions on this website. We may provide certain information in aggregate form collected from, and relating to, you to third-parties. However, we will not provide any personally indentifying information. We may provide areas on Partingout.com where you can publicly post information about yourself such as the seller profile and buyer profile areas. You also may ask and answer questions which could be made public or linked to other sites. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information or comments. Feedback is also made public.
9. RESERVATION OF RIGHTS
10. HOW TO CONTACT US?
By Email: [email protected]
By mail: 1739 Highway 67 S. Graham, Texas 76450
PARTING OUT - FEES POLICY
Currently there are no listing fees.
4% seller commission will be charged on all sold parts, items or products.
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