Welcome, Guest    Register  |  Login
Terms & Conditions

END USER LICENSE AGREEMENT (TERMS OF USE) – Last Modified 07/22/09

1. ACCEPTANCE OF TERMS

180parts.com provides a collection of online resources, including classified ads, and various email services,(referred to hereafter as "the Service") subject to the following End User License Agreement ("EULA"). By using the Service in any way, you are agreeing to comply with the EULA. In addition, when using particular 180parts services, you agree to abide by any applicable posted guidelines for all 180parts services, which may change from time to time. Should you object to any term or condition of the EULA, any guidelines, or any subsequent modifications thereto or become dissatisfied with 180parts in any way, your only recourse is to immediately discontinue use of 180parts. 180parts has the right, but is not obligated, to strictly enforce the EULA through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the EULA at:

http://www.180parts.com/Terms.aspx

3. CONTENT

You understand that all postings, messages, text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that 180parts does not control, and is not responsible for Content made available through the Service, and that by using the Service, you agree to not post Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, you agree to not post links to other websites, which are completely independent of 180parts. 180parts makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any Content made available through the Service or any link to any site outside the Service. Your linking to any other webites is prohibited. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will 180parts be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that 180parts does not pre-screen or approve Content, but that 180parts shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the EULA or for any other reason.

4. PRIVACY AND INFORMATION DISCLOSURE

180parts has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.180parts.com/privacy.aspx

Your use of the 180parts website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that 180parts may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the EULA; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of 180parts, its users or the general public.

5. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability;

d) that impersonates any person or entity, including, but not limited to, a 180parts employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

e) that includes personal or identifying information about another person without that person's explicit consent;

f) that is stolen, false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";

g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

i) that constitutes or contains any form of advertising or solicitation;

j) that includes links to commercial services or web sites;

k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

n) make unsolicited contact with anyone for any commercial purpose;

o) "stalk" or otherwise harass anyone;

p) collect personal data about other users for commercial or unlawful purposes;

q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by 180parts;

r) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

s) attempt to gain unauthorized access to 180parts' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the 180parts website; or

t) use of or attempt to use any form of automated device or computer program that enables the submission of postings on 180parts without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;

u) use any form of automated device or computer program that attempts to remove posts of competitors, or to remove posts in any way other than your own Content.

6. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on 180parts' resources, you may not use a Posting Agent to post Content to the Service without express permission or license from 180parts. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from 180parts.

7. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to 180parts email addresses or through 180parts computer systems, which is expressly prohibited by these Terms. Any unauthorized use of 180parts computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

8. PAID POSTINGS

We charge a fee to post Content in all areas of the Service. The fee is an access fee permitting Content to be posted to the Service. Each party posting Content to the Service is responsible for said Content and compliance with the EULA. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the EULA. A list of fees for services offered is provided at the following web address for your convenience:

http://www.180parts.com/fees.aspx

9. LIMITATIONS ON SERVICE

You acknowledge that 180parts may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that 180parts has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that 180parts reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that 180parts shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. ACCESS TO THE SERVICE

180parts grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by 180parts. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

180parts permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the EULA, absent express permission granted by 180parts to do so. You may also create a hyperlink to the home page of 180parts sites so long as the link does not portray 180parts, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to you by 180parts immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from 180parts.

11. TERMINATION OF SERVICE

You agree that 180parts, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if 180parts believes that you have acted inconsistently with the letter or spirit of the EULA. Further, you agree that 180parts shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, and 8-14 shall survive termination of the EULA.

12. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of 180parts. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of 180parts, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although 180parts does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to 180parts an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant 180parts all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

13. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE 180parts SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE 180parts SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, 180parts DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE 180parts SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, 180parts DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 180parts SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE 180parts SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, 180parts DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE 180parts SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

14. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL 180parts BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF 180parts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE 180parts SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE 180parts SITE OR THE SERVICE, FROM INABILITY TO USE THE 180parts SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE 180parts SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE 180parts SITE OR THE SERVICE OR ANY LINKS ON THE 180parts SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE 180parts SITE OR THE SERVICE OR ANY LINKS ON THE 180parts SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

15. INDEMNITY

You agree to indemnify and hold 180parts, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the EULA, your breach of any of the representations and warranties herein, or your violation of any rights of another.

16. GENERAL INFORMATION

The EULA constitutes the entire agreement between you and 180parts and governs your use of the Service, superseding any prior agreements between you and 180parts. The EULA and the relationship between you and 180parts shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and 180parts agree to submit to the personal and exclusive jurisdiction of the courts located within the county of El Paso, Colorado. The failure of 180parts to exercise or enforce any right or provision of the EULA shall not constitute a waiver of such right or provision. If any provision of the EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the EULA remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the EULA, by emailing to:

abuse@180parts.com

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.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for 180parts to pursue legal action to enforce these Terms, you will be liable to pay 180parts the following amounts as liquidated damages, which you accept as reasonable estimates of 180parts' damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay 180parts one thousand dollars ($1,000) for each such message.

b. If you send unsolicited email advertisements to 180parts email addresses or 180parts.com users or through 180parts computer systems, you agree to pay 180parts twenty five dollars ($25) for each such email.

c. If you post Content in violation of the EULA, other than as described above, you agree to pay 180parts one hundred dollars ($100) for each Item of Content posted. In its sole discretion, 180parts may elect to issue a warning before assessing damages.

d. If you are a Posting Agent that uses the Service in violation of the EULA, in addition to any liquidated damages under clause (d), you agree to pay 180parts one hundred dollars ($100) for each and every Item you post in violation of the EULA. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the EULA) agrees to pay 180parts an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the EULA.

e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without 180parts' express written permission, you agree to pay 180parts three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay 180parts' actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, 180parts retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

18. FEEDBACK

We welcome your questions and comments on this document, email them to:

EULA_feedback@180parts.com

Terms & Conditions    Privacy statement    Fees

SiteLock
Copyright 2009-2013 180parts, LLC