Effective Date: 08/04/2018
YOUR USE OF THE SERVICES (AS DEFINED BELOW) IS SUBJECT TO THE TERMS OF THIS LEGAL AGREEMENT (THESE "TERMS" OR THIS "AGREEMENT") BETWEEN YOU AND U.S. AUTO PARTS NETWORK, INC. D/B/A PERFECT FIT ("PERFECT FIT", "WE", OR "US") WHICH HAS A PRINCIPAL PLACE OF BUSINESS LOCATED AT 16941 KEEGAN AVENUE, CARSON, CA 90746, UNITED STATES.
IN ORDER TO USE OUR WEB SITE, MOBILE WEB SITE, OR THE INFORMATION OR CONTENT CONTAINED THEREIN (REFERRED TO COLLECTIVELY AS THE "SITE"), YOU MUST FIRST AGREE TO THESE TERMS. YOU MAY NOT USE THE SITE IF YOU DO NOT ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
YOU MAY NOT USE THE SITE AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US (I.E. YOU MUST BE AT LEAST 18 YEARS OF AGE OR AT LEAST 13 YEARS OF AGE AND ACCOMPANIED BY AN ADULT WHO WILL BE RESPONSIBLE FOR YOUR ACTIONS), OR (B) YOU ARE A PERSON BARRED FROM USING THE SITE UNDER THE LAWS OF THE UNITED STATES OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SITE.IF THERE IS ANY CONTRADICTION BETWEEN WHAT THIS AGREEMENT STATES AND WHAT ANY OTHER AGREEMENT, TERMS OF SERVICE, OR CONTENT STATE ON ANY SITE OR OTHERWISE, THEN THESE TERMS SHALL TAKE PRECEDENCE.
If you have any questions regarding these Terms, please direct any inquires to us via e-mail to: [email protected]
Before you continue, you should print or save a local copy of these Terms for your records.
1. Your Use of the Site
1.1 You agree to use the Site only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
1.2 You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers).
1.3 You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).
1.4 You agree that you will not reproduce, duplicate, or copy any portion of the Site for any purpose.
1.5 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
2. Privacy and your personal information
2.3 WE DO NOT PUBLISH CONTENT AND THE SERVICES DO NOT INCLUDE CONTENT THAT IS TARGETED TO CHILDREN.
2.4 If you are under age 13, please do not attempt to use the Site.
3. Proprietary Ownership
The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials") are owned exclusively by us or our licensors, and are intended to educate and inform you about our products and services offered or described on the Site. Subject to your compliance with these Terms, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms, we grant you a limited license to use the Site and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that
effectively controls access to the Site and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with us. Use of the Site and Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
Except as expressly set forth in these Terms, the Site, including all software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and "look and feel" and arrangement of items, is owned and operated by us and will remain our exclusive property. You acknowledge that the Site and Materials are protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest or otherwise impair our ownership of the Site and Materials and the content therein.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are registered and unregistered trademarks of us and our advertisers, licensors, suppliers and others. The Trademarks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of us, our licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and we will aggressively enforce our intellectual property rights in such Trademarks, including via civil and criminal proceedings.
4. LIMITATION OF LIABILTIY AND EXCLUSION OF WARRANTIES
We cannot and do not represent or warrant that the Site or our server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENT OR MATERIALS ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR CONTENTS THEREOF INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES,
UNLESS OTHERWISE SPECIFIED IN WRITING OR REQUIRED BY APPLICABLE LAW. TO THE FULL EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENTS THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
You agree to defend, indemnify and hold harmless our company, together with our subsidiaries, affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim arising out of or relating to your conduct, your violation of this Agreement or your violation of the rights of any third party.
6. Dispute Resolution and Class Action Waiver
All disputes between you and us arising or relating to: (a) this Agreement; (b) the Site; (c) any advertisement or promotion relating to this Agreement or the Site; or (d) the relationship which results from this Agreement (including relationships with third parties who are not party to this Agreement) shall be resolved by binding individual arbitration under the American Arbitration Association's rules for consumer-related disputes in Los Angeles, California. YOU WILL NOT PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. If this class action waiver is found to be unenforceable in a particular case, then this arbitration agreement shall be null and void in that case. This Agreement shall be governed by the Federal Arbitration Act and, where consistent, California law. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment.
7. Digital Millennium Copyright Act
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received
pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send us a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications through the Site. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by regular mail only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
- (A) Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
- (B) Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- (C) Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- (D) If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- (E) Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
- (F) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
- (G) Be signed; and
- (H) Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
Perfect Fit Legal Department
16941 Keegan Ave.
Carson, CA 90746
8.2 The manner, mode and extent of advertising by us on the Site are subject to change without specific notice to you.
8.3 In consideration for us granting you access to and use of the Site, you agree that we may place such advertising on the Site.
9. Other content
9.1 The Site may include hyperlinks to third party Web sites, services, products, content or resources. We may have no control over any third party Web sites or resources which are provided by companies or persons other than us.
9.2 You acknowledge and agree that we are not responsible for the availability of any such hyperlinks or such external third party Web sites, services, products, content or resources, and do not endorse any such advertising, products or other materials.
9.3 You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external third party Web sites, services, products, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, our hyperlinks, Web sites or resources.
10. Connectivity; Mobile
Normal carrier charges and taxes may apply to any Materials you access from the Site. We are not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Site. With respect to mobile versions or applications, your carriers' normal rates and fees, including text messaging and data fees may apply to your use of the Site.
11. Notice Regarding Electronic Commercial Site for California Users
Under California Civil Code Section 1789.3, users of our Site in California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
12. Changes to this Agreement
12.1 We may make changes to this Agreement from time to time.
12.2 You understand and agree that if you use the Site after the date on which this Agreement has changed, your use is acceptance of the updated Agreement.
13. General Legal Terms
13.1 The Terms constitute the whole legal agreement between you and us and govern your use of the Site (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Site.
13.2 You agree that if we do not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
13.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
13.4 You acknowledge and agree that each member of the group of companies of which we are the parent or affiliate shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.