AS USED HEREIN, (1) THE TERMS "YOU" AND "USER" SHALL MEAN ANY PERSON ACCESSING AND/OR USING THE STORE.LIFTTRUCKSOLUTIONS.COM WEBSITE AND ALL SERVICES OFFERED THEREON (COLLECTIVELY, THE “WEBSITE”), INCLUDING, WITHOUT LIMITATION, PERSONS WHO PAY FOR SUCH ACCESS; AND (2) THE TERMS “WE” AND “US” MEAN RAPIDPARTS INC., A DELAWARE LIMITED LIABILITY COMPANY, OR ITS DESIGNEES OR ASSIGNS.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND/OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THE WEBSITE.
You acknowledge that access to and use of the Website is conditioned on timely payment of all access and other fees, as applicable. Your access to the Website may be suspended or terminated without notice in the event any such fees are not paid when due.
You are responsible for all activity occurring under your User account. The grant of right to access and use the Website may not be shared by more than one individual user, or assigned to another user. You are strictly prohibited from unauthorized use of the Website, including but not limited to misuse of passwords, or misuse of any information posted to the Website. You agree to keep confidential all user ID information and passwords issued or designated in connection with the Website, and to use such user information and passwords only for lawful purposes.
The Website may only be used in the ordinary course of Your business, and may not be used as a billing service bureau by or for the benefit of any party. No other property rights of any kind in the Website shall transfer to or vest in You, and all such rights are expressly reserved. No right or license under any patent, copyright, trademark or trade name is granted by, or is to be inferred from, any provision in these Terms and Conditions. You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session.
You agree that You will not (i) reverse assemble, decompile or derive source code for the Website; (ii) license, grant, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website in any way; (iii) modify or make derivative works based upon the Website; or (iv) create Internet "links" to the Website or "frame" or "mirror" any content thereon on any other server or wireless or Internet-based device.
Use of the Website may be monitored, tracked, and recorded. Anyone using the Website expressly consents to such monitoring, tracking and recording. You agree that We may use data generated from such monitoring, tracking and recording for statistical analysis of access and use trends, for the purpose of making improvements to the Website, and similar purposes, and may disclose such data in aggregate form as long as it does not identify You individually.
The works of authorship contained in the Website, including but not limited to all design, text, sound recordings, and images, are owned, by US. Except as otherwise expressly stated herein, such works may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner's prior written consent.
The information on the Website is for information purposes only. It is believed to be reliable, but We do not warrant its completeness, timeliness, or accuracy. You agree that You are accessing, using, and relying upon such content at Your own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on the Website. The information on the Website is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.
You agree that You will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements You have with Us. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy Our web pages, data, or the content contained herein, or for any other unauthorized purpose without Our prior expressed written permission. You agree that You will not upload any content to the Cink® Website which is unlawful or libelous, or which is, or which may reasonably be construed to be, harmful, offensive, fraudulent, threatening, untrue, malicious, harassing, pornographic, or obscene. You agree that You will not use the Website, nor permit others to use the Website, to harass, threaten, track, or stalk third parties.
You agree that We may terminate or suspend Your access to the Website, immediately and without prior notice, in the event that we reasonably believe You have violated, attempted to violate or intend to violate any terms set forth in these Terms and Conditions. You further agree that We may terminate or suspend Your access to the Website, immediately and without prior notice, in the event that We are required to do so under applicable law or order of a governmental authority. You agree and acknowledge that content uploaded to the Website, as well as data regarding You and/or Your account stored on the Website, may be irretrievably lost or damaged as a result of such termination or suspension, or otherwise (including through ordinary use of the Website), and You agree to release and hold Us harmless from any damages or other liabilities arising as a result of the same.
ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THE WEBSITE. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THE WEBSITE IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE IS PROHIBITED BY LAW.
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED THEREON IS PROVIDED "AS IS" AND "AS AVAILABLE". WE, OUR AFFILIATES, AND ANY THIRD PARTY PROVIDERS:
* ARE NOT PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE;
* DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
* DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND
* WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.
NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE (i) FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES; OR (ii) FOR ANY LOST PROFITS, LOST OPPORTUNITIES OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions, and User’s use of and access to the Website, are governed by the laws of the State of Texas, excluding its conflicts of laws provisions. In the event of a dispute arising under these Terms and Conditions or relating in any way to the Website, You agree to submit to exclusive jurisdiction in the federal or state courts located in Harris County, Texas, for litigation of such dispute, and agree that venue is proper and convenient in such forum