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.
GENERAL
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
with;
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
headers;
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
law;
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
Nationality Act;
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
aforementioned
paragraphs.
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
third party;
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
AND/OR DATA;
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
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.
RESTOCK
POLICY
· 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
work;
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:
Mailing Address:
Express Systems And
Parts Network Inc.
Attn: Copyright Agent
325 Harris Dr
Aurora, Ohio 44202
Telephone:
1-888-550-3776
Fax: 330-995-2320
Email:
sales@express-systems.net
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:
Mailing Address:
Express Systems And
Parts Network Inc
325 Harris Dr
Aurora, Ohio 44202
Telephone:
1-888-550-3776
Fax: 330-995-2320
Email: sales@express-systems.net
SECTION 22 -
GOVERNMENT REQUESTS
In order to cooperate
with governmental requests, subpoenas or court orders, to protect our
systems, or to ensure
the integrity and operation of our business and systems, we may access and
disclose any information we consider necessary or appropriate, including and
without limitation, your information, IP address, and usage history. Our right
to disclose any such information is governed by the terms of our Privacy
Policy.
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.
SECTION 25 - PRIVACY
POLICY
Every member's registration data and various
other personal information are strictly protected by the Express Systems And
Parts Network Inc Online Privacy Policy (see the full Privacy Policy at). As a
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.