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User Agreement

PartsForIndustry^® Terms of Use, Conditions, Privacy and Legal Agreement

PartsForIndustry^® and its affiliates provide their services to you subject to the following notices, terms and conditions. In addition, when you use any PartsForIndustry^® service, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service. This Agreement describes the terms and conditions applicable to your use of our services at PartsForIndustry^®.

Accounts

Browsing our site can be done without registration, however, to buy and/or sell on PartsForIndustry you must obtain an account. Our services are available only to companies and individuals who can form legally binding contracts under applicable law, and are not available to minors. PartsForIndustry^® may refuse service to anyone at anytime at our sole discretion.

As a Seller, when you submit your excess, surplus, new, used or rebuilt items offered for sale to this site, you are committing to a legally binding offer to sell per the terms you have stated and will be accepted as a legal contract between you, the Seller, and the Buyer of your goods. If you refuse or fail as the Seller to fulfill the obligations under this contract, a court can and may order you to perform your obligations and/or award damages to the Buyer and PartsForIndustry^®; a KHP, Inc. service, for any losses incurred plus interest and costs.

In consideration for making its online service available to you the Buyer and Seller, you agree to indemnify and hold harmless KHP, Inc. from and against any and all costs, losses, liability, claims and/or damages which KHP, Inc. incurs and/or suffers as a result of you the Buyer and Seller failing to fulfill contractual obligations arising from negligence, fraud or otherwise between you the Seller and the Buyer and /or any other party.

Our site acts as the venue for connecting Buyers with Sellers to conduct sales. PartsForIndustry^® has no control over the quality, safety or legality of the items advertised, the accuracy of the listings, the ability of the Sellers to sell items, or the ability of the Buyers to buy items. We do not and cannot control the ability of the Seller to complete the sale of items they offer or that Buyers will complete the purchase of items they have bid on. There are risks of dealing with foreign nationals, underage persons or people acting under false pretense and PartsForIndustry^® does not and cannot confirm that each user is who they claim to be.

Fees and Commission

Unless otherwise negotiated, there is a fee to list items for sale. This can be either a per line item fee of US$2.50 or a subscription fee which allows an unlimited number items to be listed during the term of the subscription. Details of the listing fee and subscription options can be found here. When a sale is completed the Seller will pay PartsForIndustry^® a commission fee of 10% of the final sale price. There will be an additional negotiated fee should Seller elect to have PartsForIndustry^® collect payment from Buyer on behalf of Seller.

Payment

After the Buyer successfully negotiates the purchase of parts or equipment, the Buyer will arrange payment terms and conditions with the Seller.

Title and Risk

Title and risk of parts sold shall pass to Buyer at the time and date of full payment, including any additional charges authorized by the Buyer to PartsForIndustry^® for goods sold.

Taxes

Buyers acknowledge and agree that they are solely responsible for all local, state and other taxes, duties, and levies and will comply with all applicable laws, its shipment and delivery from and to all locations and jurisdictions.

Shipping

Parts and equipment may be shipped by arrangement with Seller after payment is arranged from and by the Buyer to the Seller. Shipping arrangements will be the responsibility of the Buyer unless other arrangements are made with Seller. Buyers and Sellers are responsible for all costs incurred in connection with the transactions.

Make An Offer/Contact Seller

Our Make An Offer/Contact Seller feature allows buyers and sellers to dialogue with each other concerning parts and equipment. All such communication takes place through PartsForIndustry^® and is screened for appropriate content before transmission to the intended party. PartsForIndustry^® reserves the right to edit or refuse to transmit all or part of such communication at our sole discretion.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of KHP, Inc. or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of KHP, Inc. and PartsForIndustry^® and is protected by U.S. and international copyright laws. All software used on this site is the property of KHP, Inc. and its software suppliers and protected by U.S. and international copyright laws. Content and software on this site may be used as a shopping, and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. KHP, Inc. Copyright Agent for notice of claims of copyright infringement on its site is Thomas R. Kerley.

Trademarks

PartsForIndustry^® is a registered trademark of KHP, Inc., in the United States and other countries. PartsForIndustry^® graphics, logos, and service names are trademarks of KHP, Inc. PartsForIndustry^® trademarks may not be used in connection with any product or service that is not PartsForIndustry^®, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PartsForIndustry^®.

Privacy

When you fill out the Registration Form to obtain an account, you will choose your own password. You are solely responsible for protecting the confidentiality of your password. You may not share your password with any third parties or use your password for any unauthorized purposes. You agree to notify PartsForIndustry^® immediately of any unauthorized use of your password or any other breach of security regarding the Service of which you have knowledge.

We are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalized browsing experience. Unless stated otherwise, information you enter and post through the site, including, without limitation, your contact information, items for sale, bids and quotes placed, wanted items, information transmitted via our Make an Offer/Contact Seller feature and information transmitted via e-mail, will be available to other users of the site and PartsForIndustry^® affiliates as a necessary part of initiating or completing a transaction arising from the site or our services. We may also use it to tell you about changes in our services or about listings, news, or special offers we think you will find valuable. We do not sell, trade, or rent your personal information to others. We may choose to do so in the future with trustworthy third parties but you can tell us not to.

Financial information that is collected by PartsForIndustry^® is used to check the users' qualifications and to bill for products and services. When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL 3.0) encrypts all information you input before it is sent to us.

Disclaimer of Warranties

THE SITE AND SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PARTSFORINDUSTRY^® DOES NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN OR IN THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PARTSFORINDUSTRY^® MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY POSTING AN ITEM ON THE SERVICE OR THE SITE, THE POSTED ITEM WILL BE SOLD. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE. PARTSFORINDUSTRY^® MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARTSFORINDUSTRY^® OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. PARTSFORINDUSTRY^® DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY GOODS SOLD ON OR THROUGH THE SERVICE, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.

Limitation of Liability

IN NO EVENT SHALL PARTSFORINDUSTRY^® BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF PARTSFORINDUSTRY^® OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF PARTSFORINDUSTRY^® TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OR ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICE EXCEED, IN THE AGGREGATE, US$100.00.

Applicable Law

This site is created and controlled by PartsForIndustry^®; a KHP, Inc. service, in the State of Kentucky, USA. As such, the laws of the State of Kentucky will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms shall be the appropriate district or circuit court in Paducah, Kentucky; county of McCracken.

We may, at our sole discretion, change, modify, add or remove any portion of this Agreement, in whole or part, from time to time and at any time without notice to you, by posting such changes on the Site. You agree to periodically review this Agreement to be aware of any changes. Your continued use of the Site and the Service after such changes are posted will constitute your agreement to such changes.

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