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TERMS AND CONDITIONS
This statement contains the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.performancepartstrader.com (the "Site"). By using this Site, you expressly accept and agree to abide by all the terms and conditions contained in this statement. Please do not use this Site if you do not accept and agree to these terms and conditions.
OWNERSHIP
Performance Parts Trader, LLC ("PPX") owns this Site. PPX owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). The Content and Code of the Site are protected by copyright. You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of PPX. You may not use the Content or Code from the Site for any purpose other than those set forth above. All names, logos and trademarks that appear on the Site are the property of PPX or are used by PPX under license. You may not use any of the foregoing for any purpose without the prior express written permission of PPX. Your failure to comply with these terms and conditions will constitute breach of contract and will violate PPX's copyright, trademark and other proprietary and intellectual property rights.
NO LICENSE
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of PPX, its affiliates or any third party.
BUYING AND SELLING PERFORMANCE PARTS
PPX provides this Site as a listing and information site that introduces buyers of automobile performance parts to sellers of those parts. The seller, not PPX, provides information relating to a specific part. The price and other terms relating to the sale of a performance part are subject to negotiation between the buyer and seller without any involvement of PPX. PPX does not independently verify information provided by sellers in their product descriptions and is acting merely as a facilitator. PPX does not guarantee any parts that are listed on the Site nor does it guarantee the contractual performance of buyers or sellers using the Site. Both buyers and sellers should exercise caution, common sense and diligence in dealing with their respective counterparts.
When you list a part for sale on the Site, you must be the owner of that part and prepared to sell the part consistent with your listing terms. To list a part for sale on the Site, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any part listed for sale on the Site, nor may you use our website to promote, without our prior written permission, any other website, product or service. Ads are available only to private sellers who want to list their performance parts for sale. All dealers in automobile parts must make other arrangements with us. Please call 404.963.8585 to find out more about bulk listing and advertising opportunities on the Site. By using our Site, you represent that you are not a dealer and that you are not listing a part for sale in your capacity as an employee or representative of a dealer.
SELLER REGISTRATION
To list parts for sale you must register as a seller. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Site through any username/password assigned to you. You will notify PPX of any known or suspected unauthorized use of your account.
SPAMMING
No spamming or data scrapping is permitted. Potential buyers visiting the Site should feel free to share their email addresses with those listing parts for sale. By listing a part for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that part. By using the Site, you agree not to use information concerning other users of the Site (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than that related to the potential purchase or sale of a listed part.
DISCLAIMERS
PPX publishes information on its Site as a convenience to its visitors. While PPX attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. By visiting and using our Site, you acknowledge these restrictions and agree that you are subject to them. PPX makes no warranties of any kind regarding any non-PPX sites to which the user may be directed or hyperlinked from this Site. Hyperlinks are included solely for the convenience of the user, and PPX makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-PPX sites. Visitors assume all responsibility and risk with respect to their use of the Site. PPX disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. PPX does not warrant that the Site is free of computer viruses, bugs or other harmful components. PPX does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. PPX does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. PPX does not have any duty to update its Site or modify the Content or Code, and PPX shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.
IN NO EVENT SHALL PPX BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE PPX SITE.
PPX reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice. PPX may at any time revise the terms and conditions contained in this statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to your use of the Site. The invalidity of any term, condition or provision of this statement shall not affect the enforceability of those portions of the statement deemed enforceable by applicable courts of law.
These terms and conditions shall be construed in accordance with the laws of the State of Georgia. By using the Site, you consent to the exclusive jurisdiction and venue of the state and federal courts in the State of Georgia in all disputes arising out of or relating to this Agreement or use of the Site.
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