TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (https://www.express-systems.net) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS WEBSITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Express Systems and Parts Network Inc. (hereinafter "Terms and Conditions"), a company duly organized and validly existing, located at 325 Harris Dr, Aurora, Ohio 44202. This Agreement annuls and voids all previous agreements.
The website (www.express-systems.net) is owned and operated by Express Systems and Parts Network Inc. Throughout the website, the terms "we", "us" and "our" refer to Express Systems and Parts Network Inc. Express Systems and Parts Network offers this website, including all information, tools and services available on this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our "Services" and agree to be bound by the following terms and conditions, including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the website, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the website or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products or website for any illegal or unauthorized purpose nor may you, in the use of our products or website, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our webite;
2. Change, suspend or discontinue all or any part of our products or website;
3. Refuse, move, or remove any content that is available on all or any part of our website;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our website.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our website may include communications such as service
announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website.
Content is not for resale. Use of the website does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of or our licensors except as expressly authorized by these Terms.
SECTION 2 - CONDUCT
As a user or member of the website, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by .
Furthermore, you herein agree not to make use of Express Systems And Parts Network Inc's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content
that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful,
and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum
leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with
an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship
e) uploading, posting, emailing, transmitting or otherwise offering any such content that
may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual
rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Express Systems And Parts Network Inc Services,
servers and/or networks that may be connected or related to our website, including, but not
limited to, the use of any device software and/or routine to bypass the robot exclusion
k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the force of
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a "foreign terrorist organization" in accordance to Section 219 of the Immigration
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in the
Express Systems And Parts Network Inc herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
Express Systems And Parts Network Inc herein reserves the right to access, preserve and/or
disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of any
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Express Systems And Parts
Network Inc , its visitors, users and members, including the general public.
Express Systems And Parts Network Inc herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Express Systems And Parts Network Inc or any other content providers supplying content services to Express Systems And Parts Network Inc. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 3 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any
other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export laws;
and d) agree not to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 4 - CONTRIBUTIONS TO COMPANY WEBSITE
Express Systems And Parts Network Inc. may provide an area for our user and members to
contribute feedback to our website. When you submit ideas, documents, suggestions and/or
proposals ("Contributions") to our website, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b ) shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in
any manner or nature.
SECTION 5 - INDEMNITY
All users and/or members agree to insure and hold Express Systems And Parts Network Inc, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 6 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.
SECTION 7 - MODIFICATIONS
Express Systems And Parts Network Inc. reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 8 - LINKS
Either Express Systems And Parts Network Inc. or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Express Systems And Parts Network Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 9 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Express Systems And Parts Network Inc's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Express Systems And Parts Network Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Express Systems And Parts Network Inc Services (e.g. Content or Software), in whole or part.
Express Systems And Parts Network Inc hereby grants you a personal, non-transferable and
non-exclusive right and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Express Systems And Parts Network Inc. for use in accessing our Services.
For transactions after January 1st, 2021
SECTION 10 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) ALL EXPRESS SYSTEMS AND PARTS NETWORK INC. SERVICES AND EQUIPMENT ARE PROVIDED ON EITHER ONE OF THE THREE OPTIONS; A) NO WARRANTY OR GURANTEE WHATSOEVER; B)A PERIOD OF 30,60,90 DAYS ON OUR OWN EQUIPMENT FROM THE WAREHOUSE; OR C)DEFER TO ORIGINAL VENDOR WARRANTY IF WE SOURCE THE PARTS/EQUIPMENT FROM ANOTHER VENDOR. IF A WARRANTY IS EXPRESSLY INCLUDED IN THE QUOTE, IT IS A LIMITED WARRANTY, WHICH REQUIRES SELLER TO TAKE COMMERCIALLY REASONABLE STEPS TO REPAIR OR REPLACE AN ITEM THAT FAILS IF: A) THE FAILURE WAS NOT DUE TO SOME FORCE EXTERNAL TO THE ITEM (E.G. POWER SURGE, PHYSICAL IMPACT, OR OTHER SYSTEM FAILURE – TO BE DETERMINED IN SELLER’S DISCRETION); B) THE FAILURE WAS NOT IN ANY WAY DUE TO AN ACT OR OMISSION OF BUYER; AND C) THE FAILURE OCCURS WITHIN THE WARRANTY PERIOD. THE PARTIES AGREE THAT SELLER WILL NOT BE RESPONSIBLE FOR ANY SHIPPING, LABOR, INSTALLATION, ENGINEERING COSTS, DOWNTIME, TEMPORARY EQUIPMENT, OR INCIDENTAL OR CONSEQUENTIAL COSTS OR DAMAGES, EVEN IF SELLER IS MADE AWARE OF THEIR POSSIBILITY. ANY WARRANTY FOR A PIECE OF EQUIPMENT WILL BE VOID IF ANY OF THE SEALS OR WARRANTY STICKERS HAVE BEEN REMOVED OR TAMPERED WITH IN ANY WAY.
EXPRESS SYSTEMS AND PARTS NETWORK INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b ) EXPRESS SYSTEMS AND PARTS NETWORK INC. AND OUR SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH
WARRANTIES THAT (i) EXPRESS SYSTEMS AND PARTS NETWORK INC. SERVICES
OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) EXPRESS SYSTEMS AND
PARTS NETWORK INC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE EXPRESS SYSTEMS AND PARTS NETWORK
INC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF
ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF EXPRESS SYSTEMS AND PARTS NETWORK INC SERVICES OR
SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE
ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE
TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,
THAT MAY BE OBTAINED BY YOU FROM EXPRESS SYSTEMS AND PARTS
NETWORK INC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 11 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EXPRESS SYSTEMS AND PARTS NETWORK INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE,
UNLESS DAMAGE WAS CAUSED BY THE SELLER.
SECTION 12 – NON-WAIVER AND SEVERABILITY OF TERMS
At any time, should Express Systems And Parts Network Inc. fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision.
If any provision of this Agreement 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 Agreement remain in full force and effect.
SECTION 13 – RETURN POLICY
· Exchange parts are identified at the time of sale and noted on all invoices.
· All Exchanges require a valid RMA number. RMA numbers will be issued and noted on invoices.
· A “Like and Repairable” part must be received at out facility within 15 days of shipment date; otherwise additional billing will be assessed.
· If the exchange received is not a “Like and Repairable” part, written notification will be sent to the customer requesting them to provide a “Like and Repairable” part within 5 calendar days. If one is not received within 5 days, additional billing will be assessed. The original part may be returned at customer’s expense.
· Additional Billing- Failure to return an exchange part within the 15 days from the original shipment date will result in an Additional Billing. The Additional Billing will be calculated as the difference between the OEM outright price and the Purchase price or at Express Systems & Parts Network’s discretion.
· All items are guaranteed to function within the specifications of the manufacturer for a period of 30 days from the original shipment date.
· Items considered highly sensitive, including but not limited to photo timing ion chambers, x-ray tubes, camera tubes, and printed circuit boards containing surface mount components will not be accepted for re-stock and/or credit if the packaging has been opened, broken or disturbed.
· All Restocks require a valid RMA number to be requested within 15 days of shipment date. Please contact the Express Systems & Parts Network Customer Service Staff to obtain an RMA number valid for restocks only prior to return product.
· All Restock parts returned with a Restock RMA number will be processed as a Return part.
· If the part is returned within 15 days from the original shipment, the following Restock credit will apply:
· Un-opened……75% (Restock fee of 25%)
· Opened………..70% (Restock fee of 30%)
SECTION 14 – GOVERNING LAW
This transaction and the terms and conditions of the transaction are governed according to the laws of the State of Ohio, without regard to its conflict of laws rules.
SECTION 15- RELEASE
In the event you have a dispute, you agree to release Express Systems And Parts Network Inc. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders,
partners and any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 16 - NOTICE
Express Systems And Parts Network Inc. may furnish you with notices, including those with
regards to any changes to the Terms, including but not limited to email, regular mail, MMS or
SMS, text messaging, postings on our website Services, or other reasonable means currently
known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 17 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Express Systems And Parts
Network Inc trademarks, copyright, trade name, service marks, and other Express Systems And Parts Network Inc. logos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of Express Systems And Parts
Network Inc . You herein agree not to display and/or use in any manner the Express Systems
And Parts Network Inc logo or marks without obtaining Express Systems And Parts Network Inc 's prior written consent.
Express Systems And Parts Network Inc will always respect the intellectual property of others,
and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Express Systems And Parts Network Inc may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner's behalf.
The Express Systems And Parts Network Inc agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Express Systems And Parts Network Inc.
Attn: Copyright Agent
325 Harris Dr
Aurora, Ohio 44202
SECTION 18 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Express Systems And Parts network Inc. and shall govern the use of our Services, superseding any prior version of this agreement between you and us with respect to Express Systems And Parts Network Inc.
Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Express Systems And Parts Network Inc Services, affiliate
Services, third-party content or third-party software.
SECTION 19 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Express Systems And Parts Network Inc with
regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Ohio without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Express Systems And Parts Network Inc., shall be filed within the courts having jurisdiction within the County of Portage, Ohio or the U.S. District Court located in said state. You and Express Systems And Parts Network Inc agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 20 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 21 - VIOLATIONS
Please report any and all violations of this Agreement to Express Systems And Parts Network Inc. as follows:
Express Systems And Parts Network Inc
325 Harris Dr
Aurora, Ohio 44202
SECTION 22 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our
SECTION 23 - FOREIGN ACCESS OF WEBSITE
The Site is controlled, operated and administered by from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use 's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 24 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information on the Site or on any related Site is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
Every member's registration data and various
other personal information are strictly protected by the Express Systems And
member, you herein consent to the collection and use of the information
provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by Express Systems And Parts
Network Inc and/or our subsidiaries and affiliates.