IMPORTANT: READ CAREFULLY
Getting Started operates the usedparts.com website ("Site"). Getting Started provides user with access to this Site and the services available on this Site, or other websites as indicated below, (collectively, the "Services" which will be defined more under the Section, "Services").
Every time that you use this Site, you should visit and review the current Terms. Getting Started reserves the right, in its sole discretion, to reject, to refuse to post, to remove any posting by you, or to terminate, deny, or restrict access to this Site or Services at any time for any or no reason, without prior notice or explanation and without liability. Getting Started expressly reserves the right to remove your profile and/or terminate, restrict, or deny your access to this Site or the Services at Getting Started's sole discretion.
The Site is not intended for use by children under the age of 18, and if you are a child under the age of 18, then please do not use this Site. By using this Site, you represent that you are at least 18 years of age or the legal age of majority in the jurisdiction where you reside, and you have the legal authority to enter into this Agreement.
User requesting to get listed affirmatively represents that user is duly licensed under the laws of the state of userís residence to provide auto salvage services in that state. If the userís licensure is revoked, suspended, or expired, user is required to so notify Getting Started and Getting Started reserves the right to terminate this agreement.
The Services ("Services") include but are not limited to using, searching, advertising, listing, marketing, linking, posting, directory listing, and mapping at the Site. The Services may also be located on third party websites and/or applications either as a link from an add-on service to, or otherwise in connection with, websites and/or applications that such third parties control. Our Services enable you to search the Site and we may provide you with search listings of advertisers of Getting Started (as well as search listings provided to Getting Started by a third party to supplement the advertiser listings) that help you find what you are looking for.
The Services act as a system or venue to introduce you to buyers and sellers of goods and services and providers of information. Getting Started uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of content not offered by Getting Started. Getting Started does not control (i) the quality, safety or legality of items available through or on its advertisers' websites or sites of third parties not in privity of contract with Getting Started, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their websites or links to those websites. Getting Started is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. The articles on the Site do not dispense medical, legal or professional advice, nor do they prescribe any treatment or strategy that should be tested without the advice of a professional. Information presented on the Site is for educational or entertainment purposes only. You are responsible for your own actions should you use any information found on the Site. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Getting Started does not endorse or recommend the products or services offered by any advertiser. Getting Started does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Getting Started is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release Getting Started (and Getting Startedís officers, directors, agents, owners, subsidiaries, affiliates, employees, successors, assigns, content providers, webmasters, and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Getting Started grants you a non-transferable, non-exclusive license to access this Site and to view information contained at this Site, solely for your own personal, non-commercial use, subject to your ongoing compliance with all Terms of this Agreement. You agree to be responsible for all access of this Site by your equipment or account, whether by you or others. You are also solely responsible for providing and maintaining all equipment, software and services needed to access and use the Site. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or use it in any manner not expressly authorized by this Agreement. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of the Site. You agree not to use the Site to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and Getting Started retains all, ownership rights in the Site.
That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own website any portion of the Services or display through your own website any results pages or other information from the Services without Getting Started's express permission. Your right to access the Services is subject to any limits established by Getting Started. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by Getting Started, if any, or authorized in advance and in writing by Getting Started.
The Getting Started website may contain robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Getting Started).
The technology underlying, and content within, the Services is owned by Getting Started and/or its licensors (including Getting Startedís advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and Getting Started, Getting Started owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
4. Exclusion of Warranty and Liability
The Site is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Site. Due to its large size and complexity, the Site may contain inaccuracies, omissions, errors or other defects. Getting Started and its suppliers do not warrant that the Site will meet your needs or expectations, that the Site will be error free or uninterrupted, that errors can or will be corrected, that the Site is reliable or timely, or that any information on the Site will provide any particular results or usefulness. Getting Started and its suppliers reserve the right to make changes and improvements to, or discontinue, the Site or any part thereof. Further, Getting Started does not represent that the Site is appropriate or authorized for use in all countries, states, counties or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the Site.
GETTING STARTED AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL GETTING STARTED NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, OWNERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, WEBMASTERS, SERVICE PROVIDERS, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER GETTING STARTED OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. GETTING STARTED WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT GETTING STARTED AND ITS SUPPLIERS' LIABILITY SHALL NOT EXCEED $1 U.S.
Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal law, or by any state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
The user also agrees to defend, indemnify, and hold Getting Started harmless from any and all claims made against Getting Started by any other user or third parties for any claims arising from the userís introduction of any virus or other program defect into the Getting Started system.
5. SUBMITTED INFORMATION
You agree not to submit to the Site any text, pictures, images, audio, or video (collectively "Information") that is false, inaccurate, outdated, or that infringes upon or violates the privacy, rights, trademarks, copyrights or other intellectual property rights of others, anything that is illegal, defamatory, obscene, harassing, offensive, objectionable or sexually explicit, that encourages a violation of the law. You agree not to submit Information, without Getting Started's permission, that contains any solicitation or advertising. You agree not to upload, post, email, transmit or make available software viruses, keyloggers, or any another malicious computer code, files, programs, or applications with the intent to destroy the function of computer software or hardware.
You agree to indemnify and hold harmless Getting Started from any damages and costs, including without limitation court costs and attorneys' fees, arising from your use of the Site. By submitting Information to the Site, you grant Getting Started the royalty-free, perpetual, irrevocable, non-exclusive right to use, edit, copy, modify, adapt, combine, incorporate, publish, publicly perform, translate and distribute all or part thereof in any form and for any purpose whatsoever, and you also permit other users of the Site to use that Information subject to the rules of the Site. Getting Started shall have the right, but not be obligated to, monitor the Site to determine users' compliance with this Agreement and applicable laws. Getting Started shall have the right in its sole discretion to not publish or remove any submitted Information. Getting Started may transfer any Information in its possession in connection with a sale of assets of the company, a sale of the company, or a merger.
6. Third Party and External Links
The Site may contain Information submitted by third parties, including without limitation users and suppliers, and may also contain links to third party sites. Getting Started is not responsible for the contents of any on- or off-site pages referenced. The user specifically acknowledges that Getting Started is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user. Links from the Site to other websites do not constitute an endorsement from Getting Started. These links are provided as an information service only. It is the responsibility of the user to evaluate the content, accuracy and usefulness of Information obtained from this or other websites. Getting Started contains links to other related Internet websites and resources. Since Getting Started is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its website administrator, owner, or webmaster.
Getting Started receives payment from businesses advertising on the Site. The Site also places paid advertisements from networks such as Google, Go Daddy, Amazon, and others.
7. Hyperlink Policy
Getting Started welcomes hyperlink establishment to its Site. The link should be established under the following conditions: It should be established to the home page of the Site at http://www.usedparts.com. None of the our Site pages should be framed or inserted. It should not be construed as any form of Getting Started's endorsement of the userís website or any sort of co-operation, partnership or joint venture between the user and Getting Started. Only the name and the Site address can be displayed on the userís website that is linked to our Site. The user may not use any logos (i.e. usedparts.com, Getting Started, or other images) without Getting Started's express written approval. Getting Started, when appropriate, may use links to other websites. Getting Started is not responsible for the contents of any of the information on any websites linking to this Site. The inclusion of any link does not imply endorsement by Getting Started.
The user may not upload, post, fax, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
You agree to indemnify, defend, and hold harmless Getting Started, officers, directors, agents, owners, subsidiaries, affiliates, employees, successors, assigns, third party information providers, content providers, webmasters, and service providers from and against all loses, expenses, damages, and attorney fees that occur from user use of the Site.
10. Arbitration and Choice of Law
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Starr County, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Getting Started may seek any interim or preliminary relief from a court of competent jurisdiction in Starr County, State of Texas as necessary to protect the rights or property of Getting Started.
This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law or choice of law provisions. Getting Startedís failure to exercise or enforce any right or provision of the Agreement will not be deemed to be 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 this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Getting Started, Inc.
PO Box 563
Roma, TX 78584
12. Copyrights and Trademarks
This Site compilation and all portions authored by Getting Started are Copyright © Getting Started, Inc. All rights reserved. Portions of the Site authored by third parties who have licensed their material to Getting Started are owned by those respective third parties. You agree not to alter or remove any copyright notice or proprietary legend at Site.
Getting Started and usedparts.com are trademarks or registered trademarks of Getting Started, Inc. Other products or names may be the trademarks of their respective owners.
Getting Started shall remain the sole and exclusive owner of all rights, title and interest in and to all specifically copyrighted information created and posted for inclusion in this system. Users should assume, unless otherwise specifically noted, that everything you see or hear on the Getting Started website, and any files or programming related to the website, are protected by proprietary rights, such as copyright, trademark, rights of publicity, patents, etc. Absence of a specific notice of proprietary rights, such as a copyright notice, does not necessarily mean that the item is in the public domain. Unauthorized copying or use of items from the website can lead to enforcement actions by the holders of proprietary rights, severe penalties, and, in some instances, criminal actions. Users may not, recopy, distribute, publicly display, modify, transmit, reuse, repost, or use for public or commercial purposes any of the contents of the website, such as text, images, audio, and video, without Getting Startedís prior written permission.
Getting Started and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Getting Started makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Getting Started nor such third party shall have any liability with respect thereto.
You agree to not use the Site to harm minors in any way.
Certain users may experience epileptic seizures when exposed to backgrounds and light patterns on computer screens and/or websites. If you or a member of your family have a history of epileptic symptoms or conditions consult with your physician prior to the use of the Site.
We use Paypal, Inc. (www.paypal.com) as the payment processor and you agree to the PayPal User Agreement of their website when donating or paying for goods and services provided by Getting Started. Their PayPal User Agreement may change over time, and if you no longer agree, you need to contact them.
You may not assign any part of this Agreement without Getting Startedís prior written consent. Further, either party may terminate this Agreement at any time without cause; upon termination for any reason, your obligations under this Agreement shall continue, including you payment obligation except that you agree to no longer access or use the Site. All rights not granted expressly by this Agreement are reserved. If you are a California resident, you waive California Civil Code ß1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This is the exclusive and entire Agreement between Getting Started and you regarding its subject matter.