PARTS DR., INC.

TERMS OF USE

AS OF FEBRUARY, 26TH, 2015

Parts Dr., Inc. (referred to as “us” or “we”) provides the www.partsdr.com website and various related services (together referred to as this “Site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

In addition to the above, by using the website www.partsdr.com (Site), you agree to the following specifically enumerated Terms of Use:

1.       Should you decide to purchase parts using the shopping cart feature in this Site, you will have the option to either set up an account with Parts Dr., Inc., or you will be allowed to checkout as a Guest.  Setting up an account allows for expediting future purchases.  An application is mandatory, and will be required, to set up an account with Parts Dr., Inc.  The application will require your full name, physical mailing address, email address, a username, which will be the e-mail address you wish to use to identify yourself, and password. When you purchase parts through the shopping cart, you will be required to give the numbers for the card, or debit card, hereinafter “card”, you want to use.  You are responsible for purchases on your account. Consequently, be careful with whom you share your username and password. Your card will be charged at the time your order is placed and, in the event of a cancellation of any portion of an order, a refund will not be made until the remaining parts in your order are shipped to you.  In the event of the cancellation of an entire order, Parts Dr., Inc. will utilize its sole discretion in determining when refunded monies will be made available to you.  Parts Dr., Inc. will attempt to issue all refunds within sixty (60) days of receiving an order cancellation.

2.       The Site contains the following: (a) Privacy Policy (2) Parts Warranty Policy (3) Shipping Policy and (4) Return Policy. When you use this Site, you accept these Policies. As these Policies are subject to change at any time, you should review them before ordering. Click “Privacy Policy” at the bottom of any page of the Site for the privacy policy regarding the use of this private information at the time of your order. When you use this Site, you accept the privacy policy of this Site at the time. The “Privacy Policy” is subject to change so you should review it each time before you order.

3.       None of the information regarding your shopping cart on the Site will be distributed to any person or entity, other than (a) using your card information to process the purchase through your card company and (b) using your name and physical address to make arrangements to have the product physically delivered to you. Once you set up an account, Parts Dr., Inc. will use the email address you provide to send you promotional emails from time to time, but the promotional emails will have a link that will terminate further promotional emails, should you decide you do not want promotional emails.

4.       This Site may contain links to other websites. Since none of those other websites are under its control, Parts Dr., Inc. makes no representation as to the accuracy of the information on those other websites and Parts Dr., Inc. does not endorse such websites. If you use the link on the Site to go to any of these other websites, you will most likely be bound by those websites terms of use. Consequently, you should read those Terms of Use before using the websites.

5.       Parts Dr., Inc. makes no warranties regarding any of the parts it sells through this Site, and it DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ITS INTENDED PURPOSE. You must rely on the express warranty of the manufacturer of the parts sold through this Site. Consequently, you should visit the website of the manufacturer of each product listed for sale on this Site, and determine what express warranty you will be getting from the manufacturer and whether the manufacturer disclaims any implied warranty of merchantability or fitness for intended purpose.

6.       This Site contains a number of tips, manuals, instructional tools, and other documents containing advice gathered by Parts Dr., Inc., and its affiliated entities, over the course of many years.  While inherently valuable, these materials, collectively, the “Technical Materials”, are provided at no charge to you. As such, neither Parts Dr., Inc., nor partsdr.com makes any representations or warranties with respect to any Technical Materials provided, nor does partsdr.com extend any offer of a representation or warranty, of any kind, related to the results you will achieve through their use. PARTSDR.COM  DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU OR OTHERWISE WITH RESPECT TO THE TECHNICAL MATERIALS.  Partsdr.com is not now, nor will it ever be, liable for any personal or property injury, damage and/or liability, whether in the form of direct, indirect, consequential, special, exemplary or other damages, arising out of your use of or reliance upon the Technical Materials, or the acts or omissions of partsdr.com relation to the Technical Materials.  If you disagree with any portion of this Paragraph of Parts Dr., Inc.’s Terms of Use DO NOT, UNDER ANY CIRCUMSTANCE, UTILIZE ANY OF THE AFOREMENTIONED TECHNICAL MATERIALS FOR ANY PURPOSE WHATSOEVER.

7.       The Site can be discontinued by Parts Dr., Inc. at any time. Should that occur, any orders already placed through the shopping cart system on the Site will be fulfilled by Parts Dr., Inc. if the part is in inventory, or the money paid for the part will be returned to the card used to purchase the part, if the part is not in inventory.

8.       The parts offered for sale on the Site can be changed, at any time, by Parts Dr., Inc., based upon availability. If Parts Dr., Inc. does not have the parts you ordered in inventory, you will be notified of that by email, and asked to reorder at a later date.

9.       This “Terms Of Use” can be modified by Parts Dr., Inc. at any time. If that should occur, you will have an opportunity to review the Terms of Use every time that you use the Parts Dr., Inc. website and its internal shopping cart.  You may not receive an email announcing eachy and every change.  When changed, the date on the heading of this Terms Of Use will be modified to the date of the adoption of the new “Terms of Use”.

10.    The price for parts offered for sale through the Site will change from time to time. If you purchase parts through the Site, you will be charged the updated price shown on the Site at the time of the purchase.  In the event that a part is erroneously listed at an incorrect price or with incorrect information, Parts Dr., Inc. retains the right, at our sole discretion, to refuse or cancel any orders.

11.    This “Terms of Use” is the only agreement regarding the Site and the products sold on the Site. No oral representations have been made to you by any employee, or agent of Parts Dr., Inc. inconsistent with this “Terms of Use”, and, if they were, this “Terms of Use” replaces and supersedes those oral representations.

12.    If a legal dispute arises between you and Parts Dr., Inc. regarding this Site or your use of this Site, the dispute will be decided by private arbitration held in Sioux Falls, South Dakota. This arbitration will be presided over by a South Dakota attorney mutually agreed to by you and Parts Dr., Inc. The Arbitrator will utilize and apply South Dakota law (substantive, procedural and evidentiary). Initially you and Parts Dr., Inc. will each pay ½ of the fees of the arbitrator, but upon the conclusion of the matter, the arbitrator will award the prevailing party of the arbitration the arbitration fees initially paid by the prevailing party. Either party to this arbitration may appear by video-conference, or by phone in order to assure the timely and cost effective disposition of any dispute arising through the use of this website.

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