Terms & Conditions

The Parts Machine, LLC

TERMS & CONDITIONS OF USE

Welcome to thepartsmachine.com. The following explains our terms and conditions of use (“Terms” or “Terms of Use”). Please carefully read these Terms of Use before using or obtaining any information, material, products or services through our website thepartsmachine.com (“Website”). Accessing or using any data, content, materials, information, products, services or the online store provided by The Parts Machine, LLC (“Our Service”) binds you to our Terms of Use. If you do not agree to all of these Terms of Use, you may not use Our Service in any way. The terms "us" or "we" refer to The Parts Machine, LLC, a New York limited liability company with its principal place of business at 11 W. Prospect Avenue, Mount Vernon, New York 10550.

We encourage you to regularly review the following Terms of Use as we may amend them from time to time.

1. GENERAL.

The content of the pages of our Website, and the products and services available through Our Service, are subject to change without notice. Continued use of Our Service constitutes acceptance of any changes to our Terms and other guidelines or policies governing Our Service.

You may utilize Our Service only if you are over the age of eighteen (18) and are capable of entering into contracts. Individuals under the age of eighteen (18) may use Our Service only with the written consent of their legal parent or guardian.

Use of Our Service shall not be for any illegal, harmful or otherwise inappropriate purpose, as is determined by us in our sole discretion, and such behavior is a material breach of our Agreement with you and shall result in the immediate termination of your membership with and authorization to use Our Service.

The language of these Terms of Use is not in any way intended to constitute an agency relationship, joint venture, or partnership for any purpose.

2. USER ACCOUNT.

It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify us of any unauthorized uses of your user name and password or any other breaches of security. We will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

3. LINKED SITES.

Our Service provides links to other sites by allowing you to leave Our Service to access third-party material or by bringing third-party material into this Website via “inverse” hyperlinks and framing technology (a “Linked Site”). We do not have discretion to alter, update, or control the content on a Linked Site. The fact that we have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers and is intended for your convenience. There are inherent risks in relying upon, using or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.

All content, products and services on Our Service, or obtained from a Linked Site are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

We do not endorse and are not responsible for (i) the accuracy or reliability of an opinion, advice or statement made through Our Service by any party other than us, (ii) any content provided on Linked Sites or (iii) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by your reliance on any information, product or service obtained through Our Service or a Linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through Our Service, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

4. TERMINATION, RESTRICTION & SUSPENSION.

We retain the right to terminate, restrict or suspend your use of Our Service at any time in our sole discretion without prior notice. Failure to comply with these Terms of Use, Privacy Policy or any of our other policies constitutes a breach that may result in the termination of your use of Our Service. Failure to address any said breach of you or another party does not waive our right to act on similar breaches.

5. LIABILITY.

Your use of any information or materials from Our Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through Our Service meet your specific requirements.

The information, products and descriptions of services published on our Website may include inaccuracies or typographical errors, and we specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent that the content on our Website is complete or up-to-date. We are under no obligation to update the content on our Website. We may change the content on our Website at any time without notice. We may make improvements or changes to our Website at any time.

You agree that we, our affiliates, and any of our or their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use our Website even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. We cannot and do not guarantee continuous, uninterrupted or secure access to our Website.

6. PRIVACY.

By accessing and using our Website and Our Service, you agree to be bound by the terms found in our Privacy Policy, which is accessible via the following link: http://thepartsmachine.com/privacy-policy.

7. INTELLECTUAL PROPERY.

The trademarks, logos and service marks ("Marks") including the name “The Parts Machine” and The Parts Machine logo, displayed through our Website are the property of The Parts Machine, LLC and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as keywords or metatags on other pages or Websites on the World Wide Web without the written permission of The Parts Machine, LLC or such third party which may own the Marks. All information and content located on our Website is protected by copyright and your access to such information on our Website is strictly permitted through the limited non-exclusive license granted under these Terms. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. Unauthorized use of our Website may give rise to a claim for damages and/or may constitute a criminal offense.

We respect the intellectual property rights of others. If you believe that the content and/or materials on our Website are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to us at: admin@thepartsmachine.com

8. PAYMENT.

It is your responsibility to ensure that all personal, billing and payment information provided to us is up-to-date and accurate.

9. ENFORCEABILITY.

If any of the Terms or provisions contained herein are deemed to be invalid or unenforceable, the other Terms or remaining provisions shall remain valid and enforceable.

10. GOVERNING LAW.

Except for collections matters, all disputes arising under this Agreement will be solely and finally settled by arbitration under the Commercial Rules of the American Arbitration Association in New York, NY. There may only be one arbitrator, and each party will bear its own costs and fees. Judgment on the arbitral award is final and binding and may be entered in any court of competent jurisdiction. The foregoing does not apply to the extent that we wish to seek equitable relief. You further agree that any dispute arising out of these Terms of Use shall be resolved individually, apart from any form of class action lawsuit.

11. Disclaimer.

THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, thepartsmachine.com DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. thepartsmachine.com DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEPARTSMACHINE.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability.

Thepartsmachine.com SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF thepartsmachine.com HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU

13. FEEDBACK.

While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to each one. You are responsible for messages, materials and the content of all submissions and it is your responsibility to ensure any said message is accurate, reliable, original and does not infringe upon the intellectual property rights of others.

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