Terms of Use

09/12/2023

Introduction

These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by Find It Parts, Inc. ("FinditParts"), including www.finditparts.com or the FinditParts mobile app (the "Sites"). We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as: www.facebook.com/FinditParts, www.twitter.com/finditparts, www.instagram.com/finditparts, www.linkedin.com/company/finditparts, and www.youtube.com/user/finditparts, ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines and rules and regulations in connection with FinditParts, including services that involve Third Party Sites, but FinditParts does not control those Third Party Sites. These Terms of Use do not apply to companies that FinditParts does not own or control, or to the actions of people that FinditParts does not employ or manage. You should always check the terms of use posted on Third Party Sites.

FinditParts reserves the right to change or modify any of the terms and conditions contained in the Terms of Use at any time, without notice, and in its sole discretion. If FinditParts decides to change these Terms of Use, FinditParts will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Privacy Policy and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

Copyright/Trademarks

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright © by FinditParts, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of FinditParts and protected by U.S. and international copyright laws. All software used on the Sites is the property of FinditParts or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with FinditParts, engaging with the FinditParts or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of FinditParts is strictly prohibited.

FinditParts.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of FinditParts and may not be used in connection with any product or service that is not offered by FinditParts in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Product Information

The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the shipping options at checkout or our Shipping Information page for more information.  All prices displayed on FinditParts.com are quoted in U.S. Dollars and are valid and effective only in the U.S.

All material and information presented by FinditParts is intended to be used for personal, educational or informational purposes only. All products should be used strictly in accordance with their instructions, guidelines, and in accordance with warranty procedures. Use of the Sites is not meant to serve as a substitute for professional advice, these Sites are solely online stores for truck and trailer parts.

Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, including the submission of product Ratings & Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content").

Your Use of Content on the Sites and Limitation of Liability

FinditParts  provides the Sites and all other applications and services on the Sites as a forum only. FinditParts is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site. More generally, Content posted via or on the Sites or any Third Party Site is not controlled by FinditParts. FinditParts cannot guarantee the accuracy, integrity or quality of such Content. Under no circumstances will FinditParts be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites.

You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. FinditParts reserves all rights not expressly granted in and to the Content.

Your Content Submissions

By submitting Content to FinditParts, you represent and warrant that:

• You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, and potentially Third Party Sites;
• You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to FinditParts to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
• You understand that your Content may be utilized and distributed by FinditParts in its marketing materials, including but not limited to, FinditParts.com, FinditParts emails, and social channels;
• All "moral rights" that you may have in such Content have been voluntarily waived by you, and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto
• All Content that you post is accurate;
• You are at least 16 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use;
• and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

• Is not false, inaccurate or misleading;
• Does not harm minors;
• Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
• Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
• Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
• Is not a form of phishing, and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
• Does not contain any computer viruses, worms or other potentially damaging computer programs or files

FinditParts does not endorse any Content or any opinion, recommendation or advice expressed therein, and FinditParts disclaims all liability with respect to the Content posted by third parties.

For any Content that you submit, you grant FinditParts a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content (all of the foregoing, collectively, “Publish”) into any form, medium or technology whether now or hereafter known, without compensation to you, for any lawful purpose, including, without limitation, for purposes of advertising and trade. This license will survive the termination of these Terms of Use and your use of the Site.

Third Party Content and Third Party Sites

FinditParts  may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. FinditParts does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between FinditParts and such third party. FinditParts does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. FinditParts is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to FinditParts do not necessarily reflect the views of FinditParts.

Mobile Services

If you access the Sites via your mobile phone, we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

Modification of Content

All Content that you submit is not confidential and may be used at FinditParts's sole discretion. FinditParts may or may not pre-screen Content. However, FinditParts and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites.

Reservation of Rights

FinditParts  reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. FinditParts may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of FinditParts (and its employees), its users and the public.

Disclaimer of Warranties

FINDITPARTS  IS PROVIDING THE SITES AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, FINDITPARTS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FINDITPARTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

Disclaimer of Liabilities

FINDITPARTS  WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Indemnification

You agree to defend, indemnify and hold harmless FinditParts (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites.

DMCA

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide FinditParts's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Sites;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your name, address, telephone number and email address (if available); and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please send to: legal@finditparts.com

Fraud Protection

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates FinditParts’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FinditParts's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Dispute Resolution

If a dispute should arise between you and FinditParts, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling (888) 312-8812 or by sending an email to Support@FinditParts.com.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND FINDITPARTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Agreement to Arbitrate Disputes

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE:  You and FinditParts agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate FinditParts’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances FinditParts may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com  or 1-800-352-5267.

NO CLASS ACTIONS:  You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL:  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

In the event any litigation should arise between you and FinditParts in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FINDITPARTS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

Choice of Law/Forum Selection

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.

Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by FinditParts, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.