UsedHogparts.com
USER AGREEMENT:
THE Legal Terms for Using this Website
Last Revised February 14, 2007
Welcome to the
UsedHogParts.com ("UsedHogParts") web site (the "Site"). The following terms and conditions set forth in this non-exclusive User Agreement, are legally binding and govern your use of this Site and the goods and services offered herein (hereafter this agreement is referred to as the User Agreement). We strongly recommend and encourage you to carefully read and review this User Agreement before you use this Site. As used in this User Agreement, the terms "UsedHogParts.com", "we", "our" or "us" refer to UsedHogParts.com, and the terms "you" and "your" refer to any person or entity which uses the UsedHogParts.com site.
YOUR ACCEPTANCE OF THIS USER AGREEMENT
BY ACCESSING, USING OR DOWNLOADING MATERIALS TO OR FROM THIS SITE YOU AGREE TO FOLLOW AND BE LEGALLY BOUND BY THIS USER AGREEMENT AND THOSE TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, PLEASE DO NOT USE OR FURTHER ACCESS THIS WEB SITE. ALTHOUGH YOU MAY "BOOKMARK" A PARTICULAR PORTION OF THIS SITE AND THEREBY POSSIBLY BYPASS THIS USER AGREEMENT, YOUR USE OF THIS SITE STILL BINDS YOU TO THIS USER AGREEMENT.
Additional Terms
The
Privacy Policy,
Message Board Policy,
Membership Package (fee schedule) and the
Legal Disclaimer set forth on this Site are specifically incorporated into this User Agreement by reference and provide additional terms and conditions related to specific services offered on the Site. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days (30) prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this User Agreement.
Any rights not expressly granted herein are reserved.
Adults Only
This Site and the services offered herein may only be used by individuals (and entities) who can form legally binding contracts under applicable law and are not intended for children under the age of 18. If you are under 18 you must first obtain your parent or guardians permission prior to submitting any information to this Site. We assume (and by using this Site you warrant that) that either you have legal capacity to enter into the agreement set out in this User Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of this Site and accept this User Agreement on your behalf.
Modification, Updates
This User Agreement may be revised and reissued without notice at any time by updating this posting on this Site. You should visit this page regularly to review the current User Agreement, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. This User Agreement may not be otherwise amended except in a writing signed by you and UsedHogParts. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by UsedHogParts and shall be of no force or effect.
UsedHogParts.com is a Venue.
This Site merely acts as a venue to allow any registered user to offer, sell, and buy all sorts of used motorcycles parts and related goods, at anytime, from anywhere, in a fixed price format. This Site is not an auctioneer. Note, however, we may also choose to promote items via a variety of pricing formats, including an auction-style format commonly referred to as "online auctions." Either way we are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Nor can we ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this User Agreement shall modify the governing provisions of Michigan Compiled Laws 440.2401 et. seq., under which legal ownership of an item is transferred upon physical delivery of the item to the address provided by buyer to the seller. Further, seller and buyer are entirely responsible for complying with all applicable legal requirements that their transaction be in writing and, likewise, are entirely responsible for providing all legal documentation required for transactions involving certain goods (i.e. title to a vehicle). By using this Site, you agree and accept that UsedHogParts is not responsible for such acts or omissions on this Site.
Information Control
As a venue, we do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that 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 this Site, you agree to accept such risks and UsedHogParts is not responsible for the acts or omissions of users on the Site.
Order Acceptance
Please note that there may be certain orders that we are unable to
accept and must cancel. We reserve the right, at our sole discretion,
to refuse or cancel any order for any reason. For your convenience,
you will not be charged until your payment method is authorized, the
order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or
errors in product or pricing information or potential credit or fraud
avoidance procedures that we may implement. We may also require
additional verifications or information before accepting any order. We
will contact you if all or any portion of your order is canceled or if
additional information is required to accept your order. If your order
is canceled after your credit card has been charged, we will issue a
credit to your credit card in the amount of the charge.
Pricing Information
While we strive to provide accurate product and pricing information,
pricing or typographical errors may occur. We cannot confirm the price
of an item until after you order. In the event that an item is listed
at an incorrect price or with incorrect information due to an error in
pricing or product information, we have the right, at our sole
discretion, to refuse or cancel any orders placed for that item. In
the event that an item is mispriced, we may, at our discretion, either
contact you for instructions or cancel your order and notify you of
such cancellation. Prices and availability are subject to change
without notice.
Quantity Limits & Dealer Sales
We reserve the right, at our sole discretion, to limit the quantity of
items purchased per person, per household or per order. These
restrictions may be applicable to orders placed by the same user
account, the same credit card and also to orders that use the same
billing and/or shipping address. We will provide notification to the
customer should such limits be applied. We also reserve the right, at
our sole discretion, to prohibit sales to dealers.
Buying
As a buyer, you are obligated to complete the transaction with the seller:
if you purchase an item through one of our fixed price formats; or
if you are the first bidder on a fixed priced sale or the highest bidder at the end of a sale (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the transaction is prohibited by law or by this User Agreement.
By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this User Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Michigan Compiled Law 440.2401 et. seq. Bids are not retractable except in exceptional circumstances such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; or you cannot authenticate the seller's identity. If you choose to bid on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items.
Listing and Selling:
Your Listing Description
You must be legally able to sell the item(s) you list for sale on the Site. You may list items only in accordance with the
Membership Package (Fee Schedule) set forth on this Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
Binding Bids
If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the sale's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Fraud
Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Manipulation
Neither you, bidders nor sellers, may manipulate the price of any item nor may you interfere with other user's listings or transactions.
Restricted Activities
Your information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this User Agreement; (bb) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than UsedHogParts.com (this does not prevent linking to or advertising an UsedHogParts item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
License
When you supply us with content or post it on the Site on your own, you grant us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity and database
rights you have in the content, in any media known now or in the future. You
agree that if you provide us with a photograph, name and/or image of yourself or
someone else that we shall have the unlimited right to use such photograph, name
and/or image (in whole or in part) in connection with promoting, advertising,
marketing and /or selling our services or other products and services associated
with the Site. Our rights include, but are not limited to, the right to
reproduce, display, distribute, edit, alter and change any photograph, image or
other materials you provide us in connection with your use of the Site. You
waive any claim of "moral rights" arising out of our use of any photograph, name
and/or image you may provide or make available to us.
Your Use of This Site
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with this User Agreement. Modification or use of the Material or any other content on this Site for any purpose not permitted by this User Agreement may be a violation of our Copyrights and/or Trademarks and is strictly prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by UsedHogParts. Any authorization to copy Material granted by UsedHogParts in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other Web site or networked computer environment is prohibited unless specifically authorized by UsedHogParts. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is strictly prohibited.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide our services to you if, in our sole discretion: (a) you breach this User Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Disclaimer
YOUR USE OF THIS SITE AND ANY PURCHASES YOU MAKE HEREIN ARE STRICTLY AT YOUR OWN RISK. THE PARTS SET FORTH ON THIS SITE ARE OWNED AND POSTED TO THIS SITE BY THIRD PARTIES. WE DO NOT IN ANY WAY GUARANTEE THE MERCHANTABILITY, PERFORMANCE, QUALITY, SUITABILITY, OR FITNESS OF THESE PARTS FOR A PARTICULAR PURPOSE, NOR DO WE WARRANT THE ACCURACY OF THE INFORMATION PROVIDED BY THE SELLER RELATING TO THESE PARTS. WE PROVIDE ACCESS TO THE SALE OF THESE PARTS ON AN AS IS, AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES YOU MAY ATTRIBUTE TO US ARISING IN THESE PARTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
THE CONTENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEB SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS SITE AND ALL INFORMATION AND MATERIAL CONTAINED ON THIS SITE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, USEDHOGPARTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
USEDHOGPARTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS WEB SITE(S) OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USEDHOGPARTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS ON THIS SITE, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN USEDHOGPARTS.COM OR ANY SITES LINKED TO USEDHOGPARTS.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. USEDHOGPARTS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THIS SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND USEDHOGPARTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THIS SITE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Access and Interference
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to UsedHogParts by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Site without the prior expressed written permission of UsedHogParts and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Third Party Sites
This Site may link you to other sites on the Internet. These third party sites may contain information or material that is inaccurate or some people may find inappropriate or offensive. These other sites are not under the control of UsedHogParts, and you acknowledge that (whether or not such sites are affiliated in any way with UsedHogParts) UsedHogParts is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by UsedHogParts or any association with its operators.
UsedHogParts cannot ensure that you will be satisfied with any products or services that you purchase from any third party site that links to or from UsedHogParts.com since those other sites are owned and operated by independent third parties. UsedHogParts does not endorse any of the merchandise, nor has UsedHogParts taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. UsedHogParts does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Limitation of Liability
YOU AGREE THAT USEDHOGPARTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE AND THE INFORMATION CONTAINED ON THIS SITE. USEDHOGPARTS DOES NOT ENDORSE, OR TAKE RESPONSIBILITY FOR, THE CONTENT OF ANY SITE TO WHICH THIS WEB SITE IS LINKED. THESE LINKS ARE FOR YOUR CONVENIENCE ONLY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
USEDHOGPARTS DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS SITE REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT USEDHOGPARTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL USEDHOGPARTSS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED $100 OR THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, IF ANY, FOR ACCESSING THIS WEBSITE. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Release
Because we are a venue, in the event that you have a dispute with one or more users, you release UsedHogParts (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnity
You agree to indemnify and hold UsedHogParts and (as applicable) our officers, directors, employees, agents, distributors, owners, parents, subsidiaries and affiliates harmless from any and all causes of action claims, costs, damages, expenses, judgments, liabilities and losses, including reasonable attorney fees and litigation costs, which may be incurred in defending against any causes of action, claims for personal injury, wrongful death, personal property damages or third party claims, arising directly or indirectly out of, or in connection with, your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your Information
Although you may utilize most of this Site without registering or otherwise submitting personally identifiable information, to access some of the resources this Site has to offer, you may be asked to provide personal information. It is a condition of use of this Site that all the information you provide will be correct, current, and complete. If we believe the information is not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
Privacy Policy
Your privacy is important to us. To better protect your privacy, we provide a privacy policy explaining our online information practices and the choices you can make about the way your information is collected and used at this site.
Click here to show this policy, which forms a part of this User Agreement. By further accessing and using this Site, you will be presumed to have read and understood the privacy policy and agreed to the terms contained therein.
Trademarks and Copyrights
This Site, the software that runs it and all of the materials incorporated by UsedHogParts on this Site are protected by copyrights, patents, trade secrets and/or other intellectual property laws while the characters, logos or other images incorporated by UsedHogParts are protected as registered and unregistered trademarks, trade names and/or service marks owned by UsedHogParts. UsedHogParts respects the intellectual property rights of others and asks users of this Site to do the same. Please see our
Legal Notices for more information.
Claims of Copyright Infringement
If you believe that any content appearing on this Site infringes your copyright rights, we at UsedHogParts want to hear from you. Please forward the following information in writing to the Copyright Agent named below:
- your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; and
- your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
Copyright Agent:
Peter M. Falkenstein, Esq.
Jaffe Raitt Heuer & Weiss, P.C.
Tel: (734) 222-4776
Fax: (734) 222-4769
Email: pfalkenstein@jaffelaw.com
UsedHogParts seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512(c) or elsewhere.
Submissions, Responsible Postings and E-mails
UsedHogParts is always interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send UsedHogParts any unsolicited submissions. Any material you send to us or post on our Site will
not be treated as confidential. We will also not accept delivery of any parts or act as intermediary or middleman in the transfer or delivery of any parts between users of this Site.
You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site are unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by UsedHogParts) or privately transmitted on or through this Site are the sole responsibility of the sender, not UsedHogParts, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site. All postings to any message boards, chat rooms or bulletin boards available on this Site are subject to the terms of the Message Board Policy.
System Abuse
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent), engage in "spamming" (i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.
In addition, you are prohibited from removing or obstructing any content or sponsorship banners or other material anywhere on this Site.
Registration
You will be required to register as a buyer in order to make a purchase on the Site or as a seller in order to sell your parts upon UsedHogParts.com. Registration is subject to these terms and conditions and the additional Terms and Conditions applicable to you set forth on your respective registration pages. Your account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. When registering, you must provide us with true, accurate, current and complete information as prompted on the forms on the UsedHogParts.com site and you must maintain and promptly update such information to keep it true, accurate, current and complete. Upon registration you will identify the email account you wish to use as your user ID and create a unique password.
Passwords and Security
Any passwords used to access this Site are for your individual use only. You shall be solely responsible for the confidentiality and security of your password. You are responsible for all activities that occur under your password and account email login. UsedHogParts shall be entitled to monitor your password and, at its discretion, require you to change it. You agree to immediately notify us of any unauthorized use of your password and account email login or any other breach of security. Notwithstanding anything in this agreement, UsedHogParts.com is not liable for any loss or damage arising from your failure to comply with this section or the section above entitled "registration". If you use a password that UsedHogParts considers insecure, UsedHogParts will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, UsedHogParts reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Identity Verification.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners through the tools available on the Site. When appropriate, you may also wish to consider using a third party escrow service or services that provide additional user verification.
Fees and Services
Joining and purchasing items at UsedHogParts is free (minus the cost of the parts and shipping). We do charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. We may change the fees for any of our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
Investigations
UsedHogParts reserves the right to investigate suspected violations of this User Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send. UsedHogParts may seek to gather information from the user who is suspected of violating this User Agreement, and from any other user. UsedHogParts may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If UsedHogParts believes, in its sole discretion, that a violation of this User Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. UsedHogParts will fully cooperate with any law enforcement authorities or court order requesting or directing UsedHogParts to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this User Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS USEDHOGPARTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY USEDHOGPARTS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER USEDHOGPARTS OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices). UsedHogParts, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on this Sites use.
Notices
Except as explicitly stated otherwise, all notices to UsedHogParts.com shall be given by postal mail to: UsedHogparts.com at the address listed in the How to Contact Us section of this agreement; and all notices to you shall be sent to the address provided by you to UsedHogParts.com during the registration process. The notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may also give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to UsedHogParts.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
No Agency
You and UsedHogParts are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
Local Regulations
UsedHogParts makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Governing Law, Jurisdiction
This Site was created and is now controlled and operated by Used Hog Parts LLC, a Michigan limited liability company, from its offices within the city of Belleville in the state of Michigan of the United States. All issues relating to your access to, or use of, this Site will be governed in all respects by U.S. federal law and the laws of the State of Michigan as such laws are applied to agreements entered into and to be performed entirely within Michigan between Michigan residents. Any action you, any third party or UsedHogParts may bring to enforce this User Agreement or, in connection with any matters related to the Site shall be brought only in either the State courts located in Wayne County, Michigan, or the applicable federal courts in the Eastern District of Michigan. You expressly consent to the jurisdiction of said courts.
Severability
If any provision of this User Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and struck from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment
You agree that the agreement created from your acceptance of this User Agreement and all incorporated agreements may be automatically assigned by UsedHogParts, in our sole discretion.
Our Use of Content
UsedHogParts will consider anything you provide to UsedHogParts and/or contribute to this Site as non-confidential and available for our use free of any obligations to you.
Waiver
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Headings
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Entire Understanding
This User Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.
Survival
All sections with respect to fees owed for our services, releases, licenses, access and interference, liability limits, indemnity and resolution of disputes shall survive any termination or expiration of this User Agreement.
How To Contact Us
UsedHogParts's mailing address is located at PO Box 972353, Ypsilanti, MI 48197. Please forward any complaints, questions or general correspondence via our
contact us form.