Terms & Conditions
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR WEBSITE (THE "SITE") 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 SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS
AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE 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
" "), a company duly organized and
validly existing, located at 325 Harris Dr, Aurora, Ohio 44202.
This Agreement annuls and voids
all previous agreements.
OVERVIEW
The Site (www.express-systems.net) is operated by .
Throughout the Site, the terms "we", "us"
and "our" refer to . offers this Site, including
all information, tools and services available from this
Site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and
notices stated here.
By visiting our Site and/or purchasing something from us,
you engage in our "Service" and agree
to be bound by the following terms and conditions, including
those additional terms and conditions
and policies referenced herein and/or available by
hyperlink. These Terms apply to all users of
the Site, 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 Site. By accessing or using any
part of the Site, 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 Site 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 Site. It is your responsibility to check this page
periodically for changes. Your continued use of
or access to the Site 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 Site.
You may not use our products or Site for any illegal or
unauthorized purpose nor may you, in the
use of our products or Site, 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 Site;
2. Change, suspend or
discontinue all or any part of our products or Site;
3. Refuse, move, or
remove any content that is available on all or any part of our Site;
4. Deactivate or
delete your accounts;
5. Establish general
practices and limits concerning use of our Site.
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 Site 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 Site.
content is not for resale. Use of the Site 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 - CREATING
AN ACCOUNT
Once you create an account with us, you are registered on
the Site. The terms "member,"
"membership," and "account" all refer to
this registration as a member on 's Site. If you are merely
surfing or browsing through the Site and have not yet
created an account, your use of the Site is
still subject to this Agreement; if you do not agree to this
Agreement, do not use the Site.
When you create an account, you will provide a unique
username and email. We will also ask
you to create a password. Because any activities that occur
under your username or password
are your responsibility it is important for you to keep your
username and/or password secure. You
may not assign or otherwise transfer your account to any
other person or entity. You
acknowledge that is not responsible for third party access
to your account that results from theft
or misappropriation of your account. Notify us immediately
if you believe that someone has used
your username, email, or password without your
authorization.
Furthermore, the registering party hereby acknowledges,
understands and agrees to:
a) furnish factual, correct, current and complete
information with regards to yourself as
may be requested by the data registration process, and
b) maintain and promptly update your registration and
profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false,
untrue, inaccurate or incomplete nature,
Express Systems And Parts Network Inc will have sufficient
grounds and rights to suspend or
terminate the member in violation of this aspect of the
Agreement, and as such refuse any and all
current or future use of Express Systems And Parts Network
Inc Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, 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 4 - 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 5 - SUBMITTED
CONTENT
Express Systems And Parts Network Inc shall not lay claim to
ownership of any content
submitted by any visitor, member, or user, nor make such
content available for inclusion on our
website Services. Therefore, you hereby grant and allow for
Express Systems And Parts Network
Inc the below listed worldwide, royalty-free and
non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on
the publicly accessible areas
of Express Systems And Parts Network Inc 's Sites, the
license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform
and/or publicly display said Content
on our network Services is for the sole purpose of providing
and promoting the specific
area to which this content was placed and/or made available
for viewing. This license shall
be available so long as you are a member of Express Systems
And Parts Network Inc 's
sites, and shall terminate at such time when you elect to
discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made
available for inclusion on the
publicly accessible areas of Express Systems And Parts
Network Inc 's sites, the license
provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or
publicly display said Content on our network Services are
for the sole purpose of providing
and promoting the specific area in which this content was
placed and/or made available for
viewing. This license shall be available so long as you are
a member of Express Systems
And Parts Network Inc 's sites and shall terminate at such
time when you elect to
discontinue your membership.
c) For any other content submitted or made available for
inclusion on the publicly
accessible areas of Express Systems And Parts Network Inc 's
sites, the continuous,
binding and completely sub-licensable license which is meant
to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly
perform and/or publicly display said
content, whether in whole or in part, and the incorporation
of any such Content into other
works in any arrangement or medium current used or later
developed.
Those areas which may be deemed "publicly
accessible" areas of Express Systems And Parts
Network Inc 's Sites are those such areas of our network
properties which are meant to be
available to the general public, and which would include
message boards and groups that are
openly available to both users and members. However, those
areas which are not open to the
public, and thus available to members only, would include
our mail system and instant
messaging.
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 site, 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 6 - 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 7 - 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 8 -
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 9 -
TERMINATION
As a member of www.express-systems.net, you may cancel or
terminate your account,
associated email address and/or access to our Services by
submitting a cancellation or
termination request to .
As a member, you agree that Express Systems And Parts
Network Inc may, without any prior
written notice, immediately suspend, terminate, discontinue
and/or limit your account, any email
associated with your account, and access to any of our
Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
a) any breach or violation of our Terms or any other
incorporated agreement, regulation
and/or guideline;
b) by way of requests from law enforcement or any other
governmental agencies;
c) the discontinuance, alteration and/or material
modification to our Services, or any part
thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal
activities; and/or
g) the nonpayment of any associated fees that may be owed by
you in connection with
your www.express-systems.net account Services.
Furthermore, you herein agree that any and all terminations,
suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole
discretion and that we shall not be
liable to you or any other third party with regards to the
termination of your account, associated
email address and/or access to any of our Services.
The termination of your account with www.express-systems.net
shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services
offered within www.expresssystems.net;
b) the deletion of your password and any and all related
information, files, and any such
content that may be associated with or inside your account,
or any part thereof; and
c) the barring of any further use of all or part of our
Services.
SECTION 10 - 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 11 -
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.
SECTION 12 - WARRANTY
DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF EXPRESS SYSTEMS AND PARTS NETWORK INC SERVICES
AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND
SOFTWARE
SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS. 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 13 -
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.
SECTION 14 - 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 15 - 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 16 -
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 17 - 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 18 - 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 19 - 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 20 - NO RIGHT
OF SURVIVORSHIP NONTRANSFERABILITY
You acknowledge, understand and agree that your account is
non-transferable and any rights to
your ID and/or contents within your account shall terminate
upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated
and all contents therein permanently
deleted.
SECTION 21 - 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 22 - 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 23 -
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 24 - FOREIGN ACCESS OF SITE
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 25 - 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
Site, 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 26 - 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.