Terms for the use of HeavyTruckParts.Net
The following agreement describes the terms and conditions ISoft Data Systems (hereafter referred to as the "Company") has set for users of its HeavyTruckParts.Net website (hereafter referred to as the "Website.") Because the Company owns the Website, all references to the Company or the Website may be deemed interchangeable. By clicking "YES" you (hereafter referred to as a "Member") agree to the following:
The Company may amend this Agreement at any time by posting changes on our Website. A Member shall be entitled solely to the following privileges as they are set forth in this Agreement.
TERMS. Upon acceptance by the Company as a Member of the Website, Member agrees to use and pay for Website service for minimum amount set forth in the Member's sign up form. The minimum duration for contract at the time this agreement was set forth is three (3) months. Any changes made to a minimum amount set forth in the Member's sign up form supersede this agreement and can extend for more than three months. Member agrees that Member will continue to be billed and charged by the Company after the minimum duration unless the Member cancels service. When, if ever, the Member wants to cancel services with the Company, Member must contact the Company by postal mail or fax. The Company does not recognize phone cancellations or any other type of cancellation. The Company's postal address at the time of this Agreement is 2124 Y St. Lincoln, NE 68503. The Company's fax number at the time of this Agreement is (402) 435-7076. It is the Member's responsibility to confirm the postal address and/or fax number of the Company. The Company's current address or fax number may change from the address and fax number contained in this Agreement, however, changes will be posted on the Website. Member agrees that the Company, in its sole discretion, has the right to terminate the Member's access to the Website at any time and for any reason. Member also agrees that the Company is not obligated to disclose such reason to the Member.
ACCESS AGREEMENT. This Agreement is not a transfer or a license of any of the Company's rights. By accessing the Website, Member expressly acknowledges acceptance of the terms of this Agreement. Member agrees that the Company has the right to deny any individual access to the Website. Unauthorized access to the Website is expressly forbidden. The Website is protected under Copyright Laws. Any reproduction or distribution of information collected from the Website by, for, or to any third party, is expressly forbidden.
ROLE OF WEBSITE. The Website acts as a venue to facilitate electronic commerce for buyers and sellers. The Website is not involved in the actual transaction between buyers and sellers. As a result, the Company has no control over the ability of buyers to buy items or sellers to sell items. The Company cannot and does not control whether sellers will complete the transaction and shall not be held liable if sellers fail to complete a sale. The Company cannot and does not control whether buyers will complete the transaction and shall not be held liable if buyers fail to pay for items.
USER AUTHENTICITY. Because it is difficult to authenticate identity of users on the Internet, the Company does not and cannot ensure the purported identity, qualification, capability, or history of each user. The Company asks that each Member of the Website exercise common sense when dealing with buyers and sellers and to contact the Company if the Member has questions or concerns regarding a buyer. There are risks of dealing with people acting under false pretense.
RELEASE. Because the Company does not and cannot control the actions of others, in the event that you have a dispute with one or more buyers, you release the Company, the Website (and its agents, employees, officers and directors and any of the third party partners and/or licensees) from claims, demands and damages (actual or consequential) or any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, aright out of or in any way connected with such disputes.
INFORMATION CONTROL. The Company does not control the information provided by other Members, users or buyers using the Website. You may find other's information to be offensive, harmful, inaccurate or deceptive. The Company expects that you will use caution and common sense when using its services. Some of the risks involved in using the Website may include (but are not limited to) dealing with minors, foreign nationals, users from other jurisdictions, and others who deal under false pretenses. The Company reserves the right to temporarily, indefinitely or permanently suspend or restrict use of its services to anyone who the Company finds, in its sole discretion, to be misusing its services.
Your information includes any information you provide to us or other Members, users or buyers during registration, buying or selling process, or information given via phone, fax, mail or email. With respect to Your Information, you agree that: You are responsible for Your Information, and the Website acts only as a passive conduit for your online distribution and publication of Your Information. Furthermore, you may not post or sell through the Website any item or information that would:
a) infringe any third party's United States copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; b) would violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, or transportation of hazardous material); c) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; d) contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information in regards to the Website or other Members' accounts and information.
CONFIDENTIAL DISCLOSURE. Member understands and agrees that information disclosed through the Website includes trade secret and proprietary information belonging to the Company. Member agrees not to copy or disclose to third parties, in whole or in part, any portion of the information and the software. Member also agrees that all Usernames and Passwords are non-transferable and may only be used by those parties expressly named in this Agreement. This includes the provisions of this Confidential Disclosure section and shall survive the termination of this Agreement.
LIABILITY DISCLAIMER. The Company assumes no liability for losses incurred in the use or application of the software or the data contained therein. The Company shall not be liable for any direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, arising out of the sale, service, furnishing performance or use of any information, data or materials sold or provided under this Agreement. The provisions of this Disclaimer section shall survive the termination of this Agreement.
SYSTEM INTEGRITY. Member may not interfere or attempt to interfere with the proper working of the Website. Member may not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure. Member may not disclose or share Member's password to any third parties or use password for any unauthorized purpose. Member may not download information from the site except in the furtherance of this Agreement and the intended use of the Website's services. Member must not make any attempts to access secure data or data for which Member is not specifically authorized as a user of the services.
USE OF INFORMATION. The Company uses the information collected from the Website only to better serve its members. Among the information, Member's name, address, telephone number, fax number, email address, sales listings and request to buy listings, among other information the Company deems necessary for buyers to view, is available to all members. Every member may also have access to the information related to the searches for parts made by a member through the search functions.
The Company will not distribute or make known the inventory of a Member except through the use of the functions on the Website. In addition, the complete inventory of a Member cannot be downloaded or made available to another Member or third party. The information associated to Member's "request for quotes" is strictly confidential and is available only to the Members to which it is destined. All information referring to a Member's use of the the Website and/or features is highly confidential and is not shared with third party companies or individuals.
The Company provides the Website "as is" and without any warranty or condition. The Company, its third party partners and/or licensees of the Website, specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. This warranty gives you specific legal rights.
In no event shall the Company or the Website be liable for lost profits or any special, incidental or consequential damages (including negligence) arising out of or in connection with this Agreement.
GENERAL PROVISIONS. The failure of a party to insist upon the performance of any provision of this Agreement or to exercise any right or privilege granted that party shall not by construed as waiving any such provision and the same shall continue in force. This Agreement shall be binding upon and insure solely to the benefit of each of the parties, and no other persons or entities shall be beneficiaries hereunder or have any rights to enforce any part of this Agreement. If any provision of the Agreement is found to be void, the remainder of this Agreement shall survive and remain in full force and shall not thereby be terminated. This Agreement applies to parts sellers whose inventory is listed on our site and/or are using one of our other online part-selling services including but not limited to: receiving email broadcasts from buyers and access to an online forum of potential buyers. This Agreement also applies to persons using the site or other services to locate parts or vehicles. The Agreement applies to these persons irreguardless of wether they have created a user account. This Agreement is entered into at Lincoln, Nebraska, United States and shall be governed by law of the State of Nebraska. An electronically sent agreement shall be as valid as a written agreement.