1. Partscaster Pat’s is a forum and information site where users of common interest can share ideals, media and advice.
YOU USE THE PARTSCASTER PAT’S SERVICE AT YOUR OWN RISK.
(A) Age: As a full commitment to compliance with the Children’s Online Privacy Protection Rule (“COPPA”), as well as applicable contract law. Partscaster Pat’s forums are available only to, and may only be used by, individuals who are 18 years and older. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Partscaster Pat’s may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Partscaster Pat’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
(C) Code of Conduct: Your access to any and all Partscaster Pat’s websites is conditioned on your adherence to this policy. Partscaster Pat’s maintains a strict policy against discrimination, harassment and inappropriate sexual conduct of any kind on its websites. Partscaster Pat’s retains the right to remove any user comments or postings that violates this policy. Such determinations will be made in the sole discretion of Partscaster Pat’s and may be implemented without warning or the ability to cure.
(D) Right to Refuse Service: ACCESS TO PARTSCASTER PAT’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT PARTSCASTER PAT’S SOLE DISCRETION. Partscaster Pat’s reserves the right to, in Partscaster Pat’s sole discretion, terminate your account for any reason, without notice, and without any right to cure.
3. Fees and Services
4. Validity of Affiliate Listings
(A) Listing Accuracy and Requirements: All affiliate listings on Partscaster Pats are assumed to be accurate. Partscaster Pats does not guarantee, warranty or is responsible to the sale of any affiliate listing. Partscaster Pats will only copy the affiliate link text, image and verbiage from the affiliate listing. No stock photography or content is used. Listings may will include links or reference to other selling venues and websites. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited.
(B) Purchases from Affiliate Links: All purchases made from affiliate advertising on Partscaster Pats is a transaction between the buyer and seller only. Partscaster Pat’s does not manage any of the inventory, does not guarantee shipment and delivery, does not guarantee product description and condition from seller and does not warranty any of the products. Partscaster Pats recommends buying from reputable and protected affiliates. Partscaster Pat’s is not responsible for damages to both body and personal property caused from a purchase made through an affiliate link. Any arbitration needed will be based on the affiliate vendors policies and procedures. Partscaster Pat’s will never arbitrate any buying or selling of affiliate products and is not legally bound to do so.
5. Prohibited and Acceptable Content
Partscaster Pat’s will hold user solely responsible for conduct and activities on and regarding to and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Partscaster Pat’s. Partscaster Pat’s has sole discretion on postings and may remove text, photos and any other “contributed content” at will without notification to the user.
Restricted Activities: Your Content and your use of Partscaster Pat’s shall not be false, inaccurate or misleading, fraudulent or involve the sale of illegal, counterfeit or stolen items. You shall not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. You shall not violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
6. Content License
(B) Submissions of Ideas: Partscaster Pat’s considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site to be non-confidential and non-proprietary, and Partscaster Pat’s shall not be liable for the disclosure or use of such Material. If, at Partscaster Pat’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Partscaster Pat’s will also consider that Material to be non-confidential and non-proprietary and Partscaster Pat’s will not be liable for use or disclosure of the Material. Any communication by you to Partscaster Pat’s is subject to this Agreement. You hereby grant and agree to grant Partscaster Pat’s, under all of your rights in the Material, a worldwide, non-exclusive, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
(C) Re-Posting Content: By posting Content on Partscaster Pat’s, it is possible for an outside website or a third party to re-post that Content. You agree to hold Partscaster Pat’s harmless for any dispute concerning this use. If you choose to display your own Partscaster Pat’s-hosted image on another website, the image must provide a link back to its listing page on Partscaster Pat’s.
7. Information Control
Partscaster Pat’s does control some of the Content provided by user. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Partscaster Pat’s, you agree to accept such risks and expressly agree that Partscaster Pat’s (and Partscaster Pat’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Partscaster Pat’s. Please use caution, common sense, and practice safe buying and selling when using Partscaster Pat’s affiliate links.
Other Resources: Partscaster Pat’s is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Partscaster Pat’s does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Partscaster Pat’s shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
(E) Full Waiver: You expressly waive and release Partscaster Pat’s (and Partscaster Pat’s officers, subsidiaries and employees) from any and all claims. This is to include demands and damages (actual and consequential) of every kind and nature, disclosed and undisclosed, arising out of or in any way connected with the Site, Services or your use of the same.
8. Email and Text Communications
You hereby expressly consent to communications of any kind from Partscaster Pat’s. By using Partscaster Pat’s site and services available, you agree that you have an established business relationship (EBR) with Partscaster Pat’s and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from Partscaster Pat’s.
10. Partscaster Pat’s Intellectual Property
Partscaster Pat’s, and other Partscaster Pat’s graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Partscaster Pat’s or its affiliated companies in the U.S. and/or other countries. Partscaster Pat’s trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of Partscaster Pat’s.
12. No Warranty
PARTSCASTER PAT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE PARTSCASTER PAT’S SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. PARTSCASTER PAT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PARTSCASTER PAT’S SHALL CREATE ANY WARRANTY.
13. Limitation of Liability
IN NO EVENT SHALL PARTSCASTER PAT’S, AND PARTSCASTER PAT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PARTSCASTER PAT’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES. YOU AGREE THAT YOUR HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST PARTSCASTER PAT’S RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD PARTSCASTER PAT’S AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS. YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST PARTSCASTERPAT’S.COM WITH RESPECT TO CLAIMS.
YOU AGREE TO INDEMNIFY AND HOLD PARTSCASTER PAT’S AND (AS APPLICABLE) PARTSCASTER PAT’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
15. No Guarantee Offered
Partscaster Pat’s does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Partscaster Pat’s control.
16. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact us immediately. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
18. Texas Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Texas, excluding its conflicts of laws rules, and the United States of America.
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
The forum services are offered by PartscasterPat’s.com located at 904 Centennial Dr., El Paso, Texas 79912.