AGREEMENT:
By accessing this Website, you agree that these Terms and Conditions form a binding agreement between you, and the PARTS NOVA. If you do not wish to be bound by these Terms and Conditions, do not use this Website. PARTS NOVA reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view this Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.
USE OF THIS WEBSITE:
Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of this Website, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by us to be made accessible, (vi) to attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is strictly prohibited. Examples of illegal or unauthorized uses of this Website include, but are not limited to: (i) modifying, adapting, translating, or reverse engineering any portion of this Website or its Content; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of this Website or any other Submissions; (iii) reformatting or framing any portion of the pages or application images that are part of this Website; (iv) creating or transmitting unwanted electronic communications such as “spam” or chain letters to other users or otherwise interfering with other users’ enjoyment of this Website; (v) Submissions purportedly made on behalf of any third party without such third party’s prior written consent including, without limitation, registering, subscribing, attempting to register, attempting to subscribe, unsubscribe, or attempting to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (vi) submitting Submissions that falsely express or imply that such Submissions are sponsored or endorsed by us; (vii) submitting Submissions that disparage this Website or us; (viii) submitting Submissions that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files or other items of a destructive nature; (x) submitting Submissions that are unlawful or promote or encourage illegal activity; (xi) displaying an advertisement as part of any Submission; (xii) any automated use of the information handling system, including, without limitation, the use of scripts to send messages through this Website; or (xiii) submitting false or misleading information.
While we prohibit such conduct and content on or through this Website, you understand and agree that you still may be exposed to such materials and that you use this Website at your own risk.
Images of people or places displayed on the Site are either the property of, or used with permission by, Parts Nova. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Parts Nova may, from time to time, provide links to other outside websites not associated with Parts Nova. Parts Nova has not reviewed and is not responsible for such linked websites or the content of any of the linked websites. Parts Nova provides these links as an additional resource for its Site users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, Parts Nova cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by, websites linked to from the Site.
EXCLUSION OF LIABILITY:
IN NO EVENT SHALL PARTS NOVA, THEIR LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH OR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT PARTS NOVA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that in connection with this Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long-distance carriers, utilities, internet service
providers and others, all of which are beyond the control and jurisdiction of PARTS NOVA and its suppliers. Accordingly, PARTS NOVA assumes no liability for
or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website. Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event giving rise to such action or be forever barred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state’s liability is limited to the fullest extent permitted by law.
NO WARRANTIES:
You acknowledge that the information on this Website is provided “AS IS” for general information only. PARTS NOVA DOES NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING WITHOUT LIMITATION TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. PARTS NOVA reserves the right to change or discontinue at any time any aspect or feature of this Website.
POSTING:
You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant—or warrant that the owner of such content has expressly granted—pARTS nOVA a royalty free, perpetual, irrevocable, worldwide nonexclusive license to include the work on this Website (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed). You acknowledge that you are responsible for submissions, and you, not we, have full responsibility for the submissions, including, without limitation, legality, reliability, appropriateness, originality, and copyright. You further recognize that we do not want you to, and by making a submission you warrant that you shall not, provide any information or material to us that is defamatory, threatening, obscene, harassing, or unlawful, or that constitutes a trade secret or incorporates the proprietary material of another party.
We may, but shall not be obligated to, in our sole discretion, post any submission on this Website and identify you as the submitting party. We may, without notice to you, refuse or edit submissions for any reason or no reason, including, without limitation, those submissions that we determine in our sole discretion are inappropriate, unlawful, fraudulent, threatening, libelous, defamatory, obscene, encourage or constitute dangerous, violent, immoral, offensive, illegal, pornographic, or similarly inappropriate behavior, or that represent us in a negative way or in any manner not consistent with our brand and/or reputation, as may be determined in our sole and absolute discretion, or infringe or violate any party’s intellectual property or other proprietary rights or these Terms and Conditions of Use.
Submissions should not be dangerous or unsafe for you or a third party to make or produce. Submissions also should not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, and submissions should not suggest or imply to any person to undertake any illegal, dangerous, unsafe, or unduly risky activity, as may be determined in our sole and absolute discretion. Submissions should not contain any intellectual property belonging to any other party, including, without limitation, trademark, copyright protected material, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any person, business or company, other than us. Such inappropriate submissions are strictly prohibited, and any submissions in violation of the above requirements and restrictions will not be posted or shall be subject to removal without notice.
COLORS:
Parts Nova does not warrant or represent that the colors of products displayed on your monitor are an accurate representation of the color of the product.
LINKS:
PARTS NOVA may provide links on this Website, via advertising and otherwise, to other websites that are not under the control of PARTS NOVA. PARTS NOVA does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and PARTS NOVA are not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against PARTS NOVA regarding our inclusion of such links to third party websites or your use of those websites.
APPLICABLE LAW AND VENUE:
By accessing this Website, you and PARTS NOVA agree that the statutes and laws of the State of Florida, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You and PARTS NOVA also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of Florida, with respect to such matters. This Website is controlled, operated and administered by us and our service provider designees from offices within the United States of America. We make no representation that materials on this Website are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the materials on this Website in violation of U.S. export laws and regulations. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws.
SEVERABILITY:
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
INDEMNIFICATION:
In consideration of PARTS NOVA allowing you to visit and use this Website, you agree to defend, indemnify and hold harmless PARTS NOVA, and their divisions, subsidiaries, parents, affiliates, partners, chains, and their respective past, present and future officers, directors, stockholders, trustees, employees, agents, insurers, servants, managers, estates, predecessors and/or successors in interest, representatives, assigns, attorneys and all other persons, firms, or corporations with whom any of the forgoing may have been, are now, or may thereafter be affiliated (collectively “Releases”), from any and all claims, charges, injuries (including, without limitation, death), actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages (including, without limitation, special, general, incidental, consequential, or other damages), judgments, agreements, promises, demands, claims for fees and costs, or liabilities whatsoever, in law or equity, arising out of or relating to your use (lawful or unlawful) of this Website or the Content, your breach of any of the Terms and Conditions set out herein, your use of any linked websites reached through this Website, your inability to access this Website for any reason, your reliance on any errors or omissions on this Website, or your contraction of computer viruses of any nature obtained through your use of this Website or any website accessed through this Website.
NOTIFICATION OF COPYRIGHT INFRINGEMENT:
Parts Nova respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the us at info@partsnova.com with the following written information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Parts Nova to locate the material.
Information reasonably sufficient to permit Parts Nova to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SUBSCRIBER AGREEMENT:
These Terms and Conditions govern your general access of and use of this Website, however, your use of any other services offered by PARTS NOVA or its affiliates is also governed by your agreement with PARTS NOVA or its affiliates relating to the provision of such services (the “Subscriber Agreement”). You must enter into an independent Subscriber Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Subscriber Agreement, the Subscriber Agreement will control.
PRIVACY AND SECURITY:
We are committed to safeguarding your privacy when you visit this Website. Our use of personal information, if any, is set forth in our Privacy Policy, and by accessing this Website you agree to be bound by our Privacy Policy.
EFFECTIVE DATE AND CHANGES:
These Terms and Conditions are effective as of their posting on this Website. From time to time, it may be necessary to update or modify these Terms and Conditions of Use. Accordingly, we reserve the right, in our sole discretion, at any time and without notice, to add to, change, update, modify or remove any portion of these Terms and Conditions of Use, and any such addition, change, update, modification or removal will be effective immediately upon its posting on this Website.
We may terminate, change, revise, modify, suspend or discontinue any aspect of this Website, including, without limitation, the availability of any features of this Website, at any time, so it is your responsibility to review these Terms and Conditions from time to time. You agree that your continued use of this Website constitutes an agreement to these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or the entire website without advance notice and without liability. We may, at any time and without advance notice, terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Content. You may terminate this agreement by destroying: (a) all Content obtained from this Website and any related PARTS NOVA or other sites, and (b) all related documentation and all copies and installations, provided that any accrued rights, obligations, representations or warranties shall not terminate.
Parts Nova, claims no proprietary rights to, or affiliation with, any third-party trademarks or logo references appearing on the Site.