Terms Of Service

TERMS OF SERVICE

LAST UPDATED JULY 8, 2021

 

WELCOME TO WWW.PATSBYTOPHER.COM (THE “WEBSITE” OR “SITE”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

BY VISITING, USING, OR ACCESSING ANY CONTENT OR MATERIAL THAT IS MADE AVAILABLE THROUGH THIS WEBSITE, INCLUDING ANY SUBDOMAIN OR AFFILIATION THEREOF, YOU (THE

“USER”) ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND HEREBY ACCEPT THESE TERMS AND CONDITIONS OF SERVICE (ALSO REFERRED TO AS “TERMS OF USE”). IF YOU DISAGREE WITH THESE TERMS OF SERVICE IN ANY WAY, THEN YOU CANNOT USE THIS WEBSITE, INCLUDING ANY CORRESPONDING OR AFFILIATED SERVICES.

THE PARTSBYTOPHER SITE IS AN ONLINE E-COMMERCE MARKETPLACE WHICH, INTER ALIA, OFFERS AFTERMARKET AND O.E.M. AUTOMOBILE ACCESSORIES AND PARTS FOR SALE AND

PURCHASE. THE SITE IS WHOLLY OWNED AND OPERATED BY PARTSBYTOPHER, LLC (THE “COMPANY”, “WE”, “US” OR “OUR”).

YOUR AGREEMENT WITH US INCLUDES THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY. OUR PRIVACY POLICY GOVERNS OUR TREATMENT OF INFORMATION YOU PROVIDE TO US ON THE WEBSITE. OUR TERMS AND PRIVACY POLICY APPLY TO ANY SITE VISITOR, OR USER OF, (COLLECTIVELY “USERS”) OUR WEBSITE OR SERVICES. 

 

 

 

 

 

 

 

 

Table of Contents

  1. Definitions
  2. Modification to Terms of Service
  3. Registration Process and Eligibility Requirements
  4. Your Right to Use our Website
  5. Intellectual Property
  6. Links to Other Sites
  7. Limited Express Warranty; Disclaimer of Other Warranties
  8. Limitation of Liability and Remedies
  9. Indemnification
  10. Pricing & Typographical Errors
  11. Product & Shipping Policies
  12. Return & Cancellation Policy
  13. Digital Millennium Copyright Act
  14. Termination
  15. Notifications and Communications
  16. Reports and Complaints
  17. Other Agreements
  18. Privacy
  19. No Waiver
  20. Governing Law

 

 

 

 

1. Definitions 

 

"Affiliate" means an entity that controls, is controlled by, or is under common control with the Company, whether the control results from equity ownership, contract, overlapping management or otherwise. In this context, "control" means the ability to replace the officers or directors or otherwise materially influence or control management decisions.

"Anonymous Information" means information that does not identify you, and cannot be used to identify you, such as statistical information, demographic information, website log information, and other information, as further specified in the Privacy Policy. For the avoidance of doubt, aggregate information does not constitute Personally Identifiable Information. 

"Applicable Law" means statutes and regulations that apply to this Website, with respect to the services provided through this Site.

“Company” means PartsByTopher, LLC.

"Contact Information" means information that can be used to contact you, including your name, e-mail address, street address, and cell phone or land-line phone number.

“Content” means any and all information, text, images or other form of expression(s), creative or otherwise, submitted to or on, and/or made available or accessible for view or publication on, the Site..

“Corporate Participants” means advertisers, corporations and various other entities that are interested in placing or publishing advertisements and/or information on the Site.

"Identity Verification Information" means information designed to verify your identity. Identity Verification Information may include (i) information from an electronic check that you provide, (ii) a credit report, or (iii) other similar information designed to authenticate identity.

"Informal Information" means material that we send you for informational purposes, such as notices of sales, narrative updates concerning promotional material, order conformation and status updates, and/or other information as defined in the Privacy Policy. Informal Information may take a range of forms, including email, newsletters, or automatic notices generated by our Website. As specified under this Privacy Policy (i) you will receive Informal Information only from our Company and you are entitled to opt-out from receiving certain Informal Information.

"Marketplace" means the e-commerce platform implemented on the Site for the checkout of product orders placed by Users. 

"Participating/Registered User" means a natural person who (i) is age 18 or older and (ii) has completed the registration process at our Site and created an account for checkout purposes. 

"Payment Information" means information you provide when you either register an account on our site or input to checkout a product via our website to place an order, including account information on an electronic check or credit card.

"Personally Identifiable Information" means (i) your Registration Information; (ii) any payment information you have submitted; and (iii) any other information that could reasonably be used to identify you.

"Services" means all services available via the Website, including, but not limited to, product related services provided with respect to the Marketplace.

“Site Visitor(s)” or “Visitor(s)” means anyone accessing or attempting to access any portion of the Site that is not a Registered User.

“Terms of Use” or “Terms of Service” refers to Our policies and provisions setting forth all terms and conditions governing the use of the Site and services.

“User(s)", "you" or "your" refers to (i) Site Visitors and (ii) Registered Users, as applicable.

“User Profile” means a password protected User account that may contain specific Registration and Identification

Information on each respective User that completes the Site’s User registration process.

"We," "us," and "our" refers to (i) PartsByTopher LLC, a Delaware Limited Liability Company.

"Website" and "Site", means the website located at www.PartsByTopher.com.

 

2. Modifications to Terms of Service

We reserve the right, in our sole discretion, to make changes to these Terms of Service ("Updated Terms") from time to time. In the event that any modifications are made to these Terms of Use, we will post the Updated Terms on the

Site and will indicate at the top of the page the date on which the Terms of Service were last modified. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. You understand and agree that your use of the Site and/or Services will at all times be governed by the then current version of the Terms in effect on the date of such use. By using the Site, you acknowledge and agree to review the then current version of the Terms prior to each such use. If at any time you do not agree to any revised Terms, you should immediately stop using the Website. Continued use of the Site after any modifications to the Terms of Service have been posted to the Site, shall constitute your acknowledgment of, and binding agreement to, the then current Updated Terms.

 

3. Registration Process and Eligibility Requirements

Visitors who wish to register an account, or access, certain Services may be required to first create and register a User account (“User Profile”) and create a password for the Site. Any natural person over the age of thirteen (13) domiciled within the United States of America may create a User Profile and become a Registered User. The Site is intended only for Users who are at least thirteen (13) years old. Any use of the Site or Services by anyone under the age of eighteen (13), is unauthorized, unlicensed and in violation of these Terms of Service. By using the Site, you represent that you are eighteen or older and that you agree to all Terms contained herein.

During the registration process for a User Profile, you may be required to provide, among other information, Contact Information, Identity Verification Information and your date of birth (collectively “Registration Information”). You will also be required to represent that you have fully read and agree to be bound by all the Site’s Terms and Policies. Upon satisfactory completion of this criteria, you will obtain a password to access your User Profile. By creating a User Profile you represent that all information you have provided is complete and accurate, and that you will update the Registration Information as necessary to maintain its accuracy.

Once you have completed the registration and verification process and obtained a username and password, you will be responsible for maintaining the security and confidentiality of such. You are liable for any charges, damages or losses incurred by you or us as a result of your failure to maintain the confidentiality of your username or password.

If you suspect any unauthorized use of your username or password, you should notify us immediately.

 

4. Your Right to Use our Website

Subject to compliance with these Terms, Visitors have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use the publicly available areas of our Website; Registered Users who have created User Profiles have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use the password- protected areas of our Website only for its intended purposes. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or any information on our Website.

 

5. Intellectual Property Rights

PartsByTopher is a service mark of Company. All rights reserved. Graphics, logos and service marks depicting PartsByTopher are trademarks of Company and may not be used without prior written consent of Company. User acknowledges that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All content is copyrighted as a protected work and Company a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, creative derivative works from, or in any way exploit any of the Content, in whole or in part without obtaining permission of Company. 

All other trademarks, product names, and company names and logos appearing on the Site are those of their respective owners. 

 

6. Links to Other Sites

Our Website may contain hyperlinks or other connections to websites operated by persons or entities other than us. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. Your use of the Website to link to another site is at your own risk.

 

7. Limited Express Warranty; Disclaimer of Other Warranties

Subject to the limitation of liability set forth below, we warrant to Users that we will use commercially reasonable efforts to (a) keep all information as up-to-date as possible and (b) safeguard Personally Identifiable Information as provided in the Privacy Policy. OTHER THAN THE EXPRESS LIMITED WARRANTY SET OUT ABOVE, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR

OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY

AND FITNESS FOR A PARTICULAR PURPOSE, NON­INFRINGEMENT OF THIRD ­PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR INFORMATION PROVIDED THEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE AND/OR THE PRODUCTS OFFERED

THEREON, (2) THE QUALITY AND SECURITY OF OUR WEBSITE, OR (3) THE INABILITY TO ACCESS OUR WEBSITE OR ITS CONTENT, INCLUDING WHETHER OUR WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR

WEBSITE. WHEN USING OUR WEBSITE, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER AS TO THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE ON THE WEBSITE OR IN OFFERING DOCUMENTS. WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. YOU ACKNOWLEDGE THAT ANY INFORMATION PROVIDED ON THE SITE AND/OR PRODUCT LISTINGS IN THE MARKETPLACE MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, MANY OF THE PRODUCTS OFFERED FOR SALE THROUGH OUR SITE ARE AFTERMARKET PARTS EXPLICITLY FOR OFF-ROAD USE AND WE MAKE NO REPRESENATIONS OR WARRANTIES, IMPLIED OR EXPRESS, AS TO THEIR

PERFORMANCE, MERCHANTABILITY, SAFETY, LEGALITY, AND/OR COMPATIBILITY FOR ANY SPECIFIC USE OR PURPOSE.   

 

8. Limitation of Liability and Remedies

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH:

  • THE USE OF OUR WEBSITE, OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED

SITES);

 

  • ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN

IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

 

  • LOST DATA, UNAUTHORIZED USE OF OUR SECURED SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

 

  • ANY ILLEGAL, OFFENSIVE, ABUSIVE, OR MALICIOUS BEHAVIOR OF ANY THIRD PARTY;

 

  • PERSONAL INJURY OR PROPERTY DAMAGE, RESULTING DIRECTLY OR INDIRECTLY FROM

YOUR ACCESS TO AND USE OF OUR SERVICES OR PRODUCTS OBTAINED THROUGH OUR

SITE; OR

 

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.

 

OUR CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS,

DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE (WHETHER ARISING IN

TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE) OR UNDER THESE TERMS OF USE SHALL SOUND SOLELY IN INJUNCTIVE RELIEF. BECAUSE SOME STATES OR JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU BUT THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Any claims made by you in connection with your use of our Website, or its content, must be brought within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be barred. We shall have the right, in addition to other remedies provided by applicable law including consequential and liquidated damages, to apply to a court of competent jurisdiction for the entry of an immediate order to restrain or enjoin said breach and to specifically enforce the provisions of this Agreement.

Except as expressly and specifically contemplated by these Terms, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.

It is the responsibility of the customer to check with all federal, state, local and environmental laws prior to ordering and installing any product offered through our Site. Company is not responsible for any fees, fines, damages, or costs that a customer may incur because of their failure to adhere to applicable laws and/or manufacturer safety guidelines. 

 

9. Indemnification

You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees, resulting from, or alleged to result from or be in connection with: (a) your use of our Service or the Site; (b) your breach of these Terms; (c) any Content or other material you provide to our Website, (d) your use of our Website's Content or products, (e) your violation of any applicable law, regulation, rule or order pertaining to your use of our Website; (f) your unauthorized or unlawful use of our Website; (g) any activity in which you engage in or through our Website; or (h) the unauthorized or unlawful use of our Website by any other person using your user name and password.

If you are a California resident, by utilizing our Services you hereby agree to waive California Civil Code Section 1542, which reads: “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”. In the event that you reside in another jurisdiction that has a statute of similar language or effect, you hereby agree to waive any comparable statute or doctrine.

 

10. Pricing & Typographical Errors

While we strive to keep all information as up-to-date and accurate as possible, pricing and typographical errors may occur. Often times, we cannot confirm product and/or shipping pricing until after an order has been placed. In the event that an error is discovered, the Company reserves the right to cancel or refuse to honor the order at any time without notice. In such event, the Company will notify you and provide you with corrected and/or revised information to determine if the order can be re-processed. Prices and availability are subject to change without notice. 

 

11. Product & Shipping Policies 

11.1. Product Listing and Pricing. Company uses reasonable efforts to ensure product listings and pricing are accurate. However, due to human error and other factors, in the event any listing or pricing is inaccurate, mispriced, or unavailable, Company reserves the right and sole discretion to correct any errors, inaccuracies or omissions and to change and update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Company is not responsible for typographical errors, inaccuracies, or omissions regarding price or any other matter. We apologize for any inconvenience.  

11.2. Shipping Time. In-stock products typically ship within two weeks receipt of order. In the event a product is back-ordered, or is unavailable at the time an order is placed, the Company will use reasonable efforts to reach out to you directly to notify you of such. In such event, the Company will either inform you of the expected timeframe the item will be available, or issue you a refund, at the Company’s sole discretion. Any timeframe represented by the Company is an estimate and made to the best of the Company’s knowledge. No representation as to expected availability, shipping or delivery times will be binding upon Company and Company does not guarantee shipment or delivery by any such date. 

11.3. Shipping Costs. Shipping costs on all domestic orders will be estimated at the time of checkout. Estimates will be based on shipping location and weight/size of item ordered. In the event that the estimate does not accurately reflect the true shipping costs, Company reserves the right to collect the difference in shipping costs from Customer prior to shipment. If you are from a region that is not covered by the shipping estimator, the shipping cost will be quoted to you via email after you place your order. Shipping costs on all orders is the responsibility of the Customer, and no shipments will be effectuated until receipt of full shipping cost payment from the Customer. 

11.4. International Shipping and Orders. Company will use reasonable efforts to accommodate for international customers, however, Company reserves the right to honor or cancel any international orders placed through its Site. Company additionally reserves the right to ship any packages with signature required. All international shipments are sent with delivery duties unpaid. Your country may assess import taxes/duties and/or a customs brokerage fee. This is not included in shipping charges and not charged by Company. These additional costs will be the sole responsibility of Customer. 

11.5. Undeliverable & Refused Shipments. In the event any package or shipment is returned to the Company as undeliverable, or customer refuses to accept shipment, Company will use reasonable efforts to contact you for an updated address and/or explanation. Customer will be responsible for payment of re-shipment charges for any alternative address prior to the Company re-shipping such order. Customer is not entitled to a refund for any shipments deemed undeliverable or refused.  

11.6. Missing Components, Inspection Period, Abandoned Shipments. Please open all packages immediately to confirm no items are damaged and/or missing. All claims for missing and/or damaged items must be sent to Company within 2 days receipt of delivery. Shipments that are not delivered or collected by the customer will be abandoned. No reshipment will be made and no refunds will be given.

11.7. Risk of Loss. For all transactions, title to, and all risk of loss or damage with respect to any product(s) ordered through the Site shall pass to User upon delivery by Company to the carrier.

11.8. Fraud Screening. At any time, and with or without notification, the Company may decide to hold your items for additional security screening. When this occurs, you will be notified by the Company for further identity or payment verification. 

 

  1. Return & Cancellation Policy.
    • Order Cancelation. Company cannot cancel or amend orders once they have been placed.
    • Return Policy. Due to the custom nature of many products sold on the Site, Company reserves the right and sole discretion to issue full or partial refunds on an as-decided individual basis. The only orders entitled to a refund, are items delivered that are not the same item(s) reflected on your order confirmation. In the event the Company ships you the incorrect item, the Company will provide you with a return label so that the incorrect item can be returned free-of-charge. Company will then only send out the correct item once the incorrect item has been received by Company in a new and unused condition. No returns will be given for cash or credit after seven (7) days from the date you received your items. No returns will be accepted on special order parts. Items are not returnable if they are not in the original sealed container/packaging.
    • Warranty: Company does not offer any warranties on its products. Each item may come with its own manufacturer warranty. In the event that the item you order is protected by a manufacturer warranty, Customers are advised to contact the manufacturer directly.  

 

13. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (below) with the following information in writing (see 17 U.S.C 512(c)(3)):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. Your address, telephone number, and email address;
  5. A statement that you 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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

All notifications of alleged infringements must be written and sent to our designated Copyright Agent.

Name of Agent Designated to Receive Notification of Alleged Infringement: Attn: Stephen A. Florek III, Esq.

Address to which Notification Should Be Sent: 2900 Westchester Ave., Ste. 405, Purchase, New York 10577

E-Mail Address: Stephen@FlorekCounsel.com

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

 

14. Termination

You may terminate your account with us for any reason, at any time, upon notice to us. Your termination notice will be effective upon our processing the notice. We reserve the right, without cause and without notice to you, to terminate your account with us at any time if we believe, in our discretion, that you have engaged in activities that have breached these Terms, our Privacy Policy, or any federal or state laws or regulations. A termination by us will be effective immediately or as otherwise specified by us. Termination of your account with us includes disabling your access to our Website and may also bar you from any future use of our Website. We may immediately restrict, suspend or terminate your account if you abuse or misuse our Website or engage in any behavior that we, in our sole discretion, deem contrary to the purpose of the Website. Likewise, if you violate any of the Terms, we may immediately terminate your limited license to use our Website. Upon the termination of your account and any perceived licenses or rights to our Services, you lose access to our Website. In addition, we may block access to our Website from an IP address or range of IP addresses associated with those of terminated Users. Any fees paid to the Company shall not be refundable, unless otherwise specified. All monies or outstanding charges on your account at the time of your termination shall survive termination and remain obligations of you to the Company.

You additionally acknowledge that violation of our Terms and Policies may also subject you to criminal charges and civil liability, as such breaches may also expose you to violation of state and federal laws and regulations. The termination of your account may result in the destruction of all information associated with your account.

 

15. Notifications and Communications

For purposes of communicating with you regarding the Website, notice shall consist of an email from us to an email address associated with your account. You also agree that we may communicate with you through other means including email, cellular telephone, telephone or delivery services including the U.S. Postal Service about your Website registration or Services through the Website. You agree that we shall have no liability associated with or arising from your failure to maintain accurate contact information.

You may contact us via email at: sales@partsbytopher.com

 

16. Reports and Complaints

If you believe that a User has acted inappropriately, such as by violating these Terms, you may report your concerns either via the links we have included on the Website, or by contacting us by the means described above. If we are notified by a User that he or she believes that certain Content at the Website is in violation of these Terms, we may investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, or otherwise block or restrict any Content, with or without notice, and without liability.

 

17. Other Agreements

These Terms constitute the entire agreement between us and you with respect to the subject matter of these Terms and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or other Users as a result of these Terms or your use of our Website. We may assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms without our prior express written consent. Any attempt by you to assign your rights or obligations under these Terms without our permission shall be void. If any provision of these Terms is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

 

18. Privacy

Please see our Privacy Policy. By using the Site, you consent to have all personal data transferred to and processed in the United States by the Site, an affiliated entity, or a third-party of the Site’s choosing.

 

19. No Waiver

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to act with respect to a breach of these Terms does not waive our right to act with respect to that breach or subsequent breaches. 

 

20. Governing Law

We are based in the State of New York in the United States of America. We make no representation that our Website is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized. Access to the Website is prohibited from jurisdictions where the Website, or its Content, is illegal.

You agree that these Terms, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the State of New York in all matters, without regard to its provisions regarding conflicts of law. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York.

In connection with use of the Website and the Service, each User represents and warrants that he or she has carefully reviewed and understands and agrees to these Terms and the Privacy Policy and has full power and authority to be bound by the Terms and the Privacy Policy. 

 

THANK YOU FOR VISITING OUR SITE AND REVIEWING OUR TERMS OF SERVICE.

If you have any questions, please contact us directly at sales@partsbytopher.com.