THE Legal Terms for Using this Website
February 14, 2007
Welcome to the UsedHogParts.com ("UsedHogParts")
web site (the "Site"). The following
terms and conditions set forth in this non-exclusive User Agreement, are legally binding and govern
your use of this Site and the goods and services offered herein (hereafter this agreement is referred
to as the User Agreement). We strongly recommend and encourage you to carefully read and review this User
Agreement before you use this Site. As used in this User Agreement, the terms "UsedHogParts.com",
"we", "our" or "us" refer to UsedHogParts.com, and the terms "you" and "your" refer to any person or
entity which uses the UsedHogParts.com site.
YOUR ACCEPTANCE OF THIS USER AGREEMENT
BY ACCESSING, USING OR DOWNLOADING MATERIALS
TO OR FROM THIS SITE YOU AGREE TO FOLLOW AND BE LEGALLY BOUND BY THIS USER AGREEMENT AND THOSE TERMS
AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, PLEASE DO NOT
USE OR FURTHER ACCESS THIS WEB SITE. ALTHOUGH YOU MAY "BOOKMARK" A PARTICULAR PORTION OF THIS SITE AND
THEREBY POSSIBLY BYPASS THIS USER AGREEMENT, YOUR USE OF THIS SITE STILL BINDS YOU TO THIS USER AGREEMENT.
set forth on this Site
are specifically incorporated into this User Agreement by reference and provide additional terms and conditions related to
specific services offered
on the Site. Each of these policies may be changed from time to time and are effective immediately after we post the
changes on the Site, except
particular services on the Site, you
agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be
posted from time to time. All such posted policies or rules are hereby incorporated by reference into this User Agreement.
Any rights not expressly granted herein are reserved.Adults Only
This Site and the services
offered herein may only be used by individuals (and entities) who can form legally binding contracts under applicable law and
are not intended for children under the age of 18. If you are under 18 you must first obtain your parent or guardians permission
prior to submitting any information to this Site. We assume (and by using this Site you warrant that) that either you have
legal capacity to enter into the agreement set out in this User Agreement (i.e., that you are of sufficient age and mental
capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of this Site
and accept this User Agreement on your behalf.Modification, Updates
This User Agreement may be revised
and reissued without notice at any time by updating this posting on this Site. You should visit this page regularly to
review the current User Agreement, since your continued use of the Site will be deemed as irrevocable acceptance of any
revisions. This User Agreement may not be otherwise amended except in a writing signed by you and UsedHogParts. Any additional
terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are
expressly rejected by UsedHogParts and shall be of no force or effect.UsedHogParts.com is a Venue.
merely acts as a venue to allow any registered user to offer, sell, and buy all sorts of used motorcycles parts and related goods,
at anytime, from anywhere, in a fixed price format. This Site is not an auctioneer. Note, however, we may also choose to promote
items via a variety of pricing formats, including an auction-style format commonly referred to as "online auctions." Either
way we are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality,
safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or
the ability of buyers to pay for items. Nor can we ensure that a buyer or seller will actually complete a transaction.
Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this User Agreement
shall modify the governing provisions of Michigan Compiled Laws 440.2401 et. seq., under which legal ownership of an item
is transferred upon physical delivery of the item to the address provided by buyer to the seller. Further, seller and buyer
are entirely responsible for complying with all applicable legal requirements that their transaction be in writing and,
likewise, are entirely responsible for providing all legal documentation required for transactions involving certain goods
(i.e. title to a vehicle). By using this Site, you agree and accept that UsedHogParts is not responsible for such acts or
omissions on this Site.
As a venue, we do not control the information provided by other
users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that 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 this Site, you agree to accept such risks and UsedHogParts is not
responsible for the acts or omissions of users on the Site.
Please note that there
may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion,to refuse
or cancel any order for any reason. For your convenience,you will not be charged until your payment method is authorized,
theorder information is verified for accuracy and your order is shipped.Some situations that may result in your order being
canceled includelimitations on quantities available for purchase, inaccuracies orerrors in product or pricing information or
potential credit or fraudavoidance procedures that we may implement. We may also requireadditional verifications or information
before accepting any order. Wewill contact you if all or any portion of your order is canceled or ifadditional information
is required to accept your order. If your orderis canceled after your credit card has been charged, we will issue acredit
to your credit card in the amount of the charge.
While we strive to provide
accurate product and pricing information,pricing or typographical errors may occur. We cannot confirm the priceof an item
until after you order. In the event that an item is listedat an incorrect price or with incorrect information due to an
error inpricing or product information, we have the right, at our solediscretion, to refuse or cancel any orders placed
for that item. Inthe event that an item is mispriced, we may, at our discretion, eithercontact you for instructions or
cancel your order and notify you ofsuch cancellation. Prices and availability are subject to changewithout notice.
Quantity Limits & Dealer Sales
We reserve the right, at our sole discretion, to limit the quantity ofitems purchased per person, per household or
per order. Theserestrictions may be applicable to orders placed by the same useraccount, the same credit card and also
to orders that use the samebilling and/or shipping address. We will provide notification to the customer should such limits
be applied. We also reserve the right, atour sole discretion, to prohibit sales to dealers.
As a buyer, you are obligated to complete the transaction with the seller:
- if you purchase an item through one of our fixed price formats; or
- if you are the first bidder on a fixed priced sale or the highest bidder at the end of a sale (meeting
the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the
transaction is prohibited by law or by this User Agreement.
By bidding on an item you agree to be bound by the conditions of sale included in the item's description so
long as those conditions of sale are not in violation of this User Agreement or unlawful. Unless you and the seller agree
otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with
Michigan Compiled Law 440.2401 et. seq. Bids are not retractable except in exceptional circumstances such as: when
the seller materially changes the item's description after you bid; a clear typographical error is made; or you cannot
authenticate the seller's identity. If you choose to bid on mature audience items or items that are restricted to adult use,
you are certifying that you have the legal right to purchase such items.
Listing and Selling:
Your Listing Description
You must be legally able to sell the item(s) you list for sale on the Site. You must describe
your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics,
pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All
items in multiple item listings must be identical.
If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above
the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the sale's completion,
unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method),
or (b) you cannot authenticate the buyer's identity.
Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Neither you, bidders nor sellers, may manipulate the price of any item nor may you interfere with other user's listings
Your information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or
false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain
child pornography or, if otherwise adult in nature or harmful to minors shall be distributed only to people legally permitted to
receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create
liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or
indirectly to or include descriptions of goods or services that: (aa) are prohibited under this User Agreement; (bb) are identical
o other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently
listed for sale on a web site other than UsedHogParts.com (this does not prevent linking to or advertising an UsedHogParts item
from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site
(or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee,
could cause us to violate any applicable law, statute, ordinance or regulation.
When you supply us with content or post it on the Site on your own, you grant usa non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable(through multiple tiers) right to exercise the copyright, publicity and databaserights
you have in the content, in any media known now or in the future. Youagree that if you provide us with a photograph, name and/or
image of yourself orsomeone else that we shall have the unlimited right to use such photograph, nameand/or image (in whole or
in part) in connection with promoting, advertising,marketing and /or selling our services or other products and services associated
with the Site. Our rights include, but are not limited to, the right toreproduce, display, distribute, edit, alter and change any
photograph, image orother materials you provide us in connection with your use of the Site. Youwaive any claim of "moral rights"
arising out of our use of any photograph, nameand/or image you may provide or make available to us.
Your Use of This Site
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with this
User Agreement. Modification or use of the Material or any other content on this Site for any purpose not permitted by this User
Agreement may be a violation of our Copyrights and/or Trademarks and is strictly prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use
on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished,
uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by UsedHogParts. Any authorization
to copy Material granted by UsedHogParts in any part of this Site for any reason is restricted to making a single copy for
non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and
other proprietary notices. Using any Material on any other Web site or networked computer environment is prohibited unless
specifically authorized by UsedHogParts. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code
used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or
create other products based (in whole or in part) on such software, is strictly prohibited.
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community
of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide
our services to you if, in our sole discretion: (a) you breach this User Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause
financial loss or legal liability for you, our users or us.
YOUR USE OF THIS SITE AND ANY PURCHASES YOU MAKE HEREIN ARE STRICTLY AT YOUR OWN RISK. THE PARTS SET FORTH ON THIS SITE
ARE OWNED AND POSTED TO THIS SITE BY THIRD PARTIES. WE DO NOT IN ANY WAY GUARANTEE THE MERCHANTABILITY, PERFORMANCE, QUALITY,
SUITABILITY, OR FITNESS OF THESE PARTS FOR A PARTICULAR PURPOSE, NOR DO WE WARRANT THE ACCURACY OF THE INFORMATION PROVIDED BY
THE SELLER RELATING TO THESE PARTS. WE PROVIDE ACCESS TO THE SALE OF THESE PARTS ON AN AS IS, AND AS AVAILABLE BASIS. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES YOU MAY ATTRIBUTE TO US ARISING IN THESE PARTS, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
THE CONTENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEB SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
THIS SITE AND ALL INFORMATION AND MATERIAL CONTAINED ON THIS SITE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, USEDHOGPARTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
USEDHOGPARTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ITS WEB SITE(S) OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. USEDHOGPARTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS
ON THIS SITE, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN USEDHOGPARTS.COM OR ANY SITES LINKED TO
USEDHOGPARTS.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. USEDHOGPARTS MAKES NO WARRANTIES THAT
YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THIS SITE WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND USEDHOGPARTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THIS SITE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR
ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY
Access and Interference
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered
with by numerous factors outside of our control. Much of the information on the Site is updated on a real time basis and is
proprietary or is licensed to UsedHogParts by our users or third parties. You agree that you will not use any robot, spider,
scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you
agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute
or publicly display any content (except for your information) from the Site without the prior expressed written permission
of UsedHogParts and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working
of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use
to prevent or restrict access to the Site
Third Party Sites
This Site may link you to other sites on the Internet. These third party sites may contain information or material that is
inaccurate or some people may find inappropriate or offensive. These other sites are not under the control of UsedHogParts, and
you acknowledge that (whether or not such sites are affiliated in any way with UsedHogParts) UsedHogParts is not responsible for
the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a
link does not imply endorsement of any site by UsedHogParts or any association with its operators.
UsedHogParts cannot ensure that you will be satisfied with any products or services that you purchase from any third party site
that links to or from UsedHogParts.com since those other sites are owned and operated by independent third parties. UsedHogParts
does not endorse any of the merchandise, nor has UsedHogParts taken any steps to confirm the accuracy or reliability of any of
the information contained in such third party sites. UsedHogParts does not make any representations or warranties as to the
security of any information (including, without limitation, credit card and other personal information) you might be requested
to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you
to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these
Limitation of Liability
YOU AGREE THAT USEDHOGPARTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE AND THE INFORMATION
CONTAINED ON THIS SITE. USEDHOGPARTS DOES NOT ENDORSE, OR TAKE RESPONSIBILITY FOR, THE CONTENT OF ANY SITE TO WHICH THIS WEB
SITE IS LINKED. THESE LINKS ARE FOR YOUR CONVENIENCE ONLY.
Some States do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply to you.
USEDHOGPARTS DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SITE OR THE MATERIAL, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT ON THIS SITE REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT USEDHOGPARTS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL
OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW. IN NO EVENT SHALL USEDHOGPARTSS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED
$100 OR THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, IF ANY, FOR ACCESSING THIS WEBSITE.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion
may not apply to you.Release
Because we are a venue, in the event that you have a dispute with one or more users,
you release UsedHogParts (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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. We encourage you to report all user-to-user disputes to
your local law enforcement, postmaster general, or a certified mediation or arbitration entity. If you are a California resident,
you waive California Civil Code 1542, 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."
You agree to indemnify and hold UsedHogParts and (as applicable) our officers,
directors, employees, agents, distributors, owners, parents, subsidiaries and affiliates harmless from any and all causes of
action claims, costs, damages, expenses, judgments, liabilities and losses, including reasonable attorney fees and litigation
costs, which may be incurred in defending against any causes of action, claims for personal injury, wrongful death, personal
property damages or third party claims, arising directly or indirectly out of, or in connection with, your breach of this
User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Although you may utilize most of this Site without registering or otherwise submitting personally identifiable information,
to access some of the resources this Site has to offer, you may be asked to provide personal information. It is a condition of
use of this Site that all the information you provide will be correct, current, and complete. If we believe the information is
not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate
or suspend your account.
practices and the choices you can make about the way your information is collected and used at this site.
to show this policy, which forms a part of this User Agreement.
Trademarks and Copyrights
This Site, the software that runs it and all of the materials incorporated by UsedHogParts on this Site are protected by
copyrights, patents, trade secrets and/or other intellectual property laws while the characters, logos or other images incorporated
by UsedHogParts are protected as registered and unregistered trademarks, trade names and/or service marks owned by UsedHogParts.
UsedHogParts respects the intellectual property rights of others and asks users of this Site to do the same. Please see our
for more information.
Claims of Copyright Infringement
If you believe that any content appearing on this Site infringes your copyright rights, we at
UsedHogParts want to hear from you. Please forward the following information in writing to the Copyright Agent named below:
- your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your
agent, or the law; and
- your electronic or physical signature or the electronic or physical signature of the person authorized to act
on your behalf.
Peter M. Falkenstein, Esq.
Jaffe Raitt Heuer & Weiss, P.C.
Tel: (734) 222-4776
Fax: (734) 222-4769
UsedHogParts seeks to preserve any and all exemptions from liability that may be available under the copyright law,
but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512(c) or elsewhere.
Submissions, Responsible Postings and E-mails
UsedHogParts is always interested in hearing from you. It is, however, our policy that we will not accept or consider
unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send UsedHogParts any
unsolicited submissions. Any material you send to us or post on our Site will not
be treated as confidential.
We will also not accept delivery of any parts or act as intermediary or middleman in the transfer or delivery of any parts
between users of this Site.
You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited
from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal
information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose
you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the
Site are unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials
publicly posted (other than by UsedHogParts) or privately transmitted on or through this Site are the sole responsibility
of the sender, not UsedHogParts, and that you are responsible for all material you upload, post or otherwise transmit to
or through this Site. All postings to any message boards, chat rooms or bulletin boards available on this Site are
subject to the terms of the Message Board Policy.
Without limitation, you agree not to send,
create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple
files or messages to a single user with malicious intent), engage in "spamming" (i.e., unsolicited emailing for business or
other purposes), or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any
In addition, you are prohibited from removing or obstructing any content or sponsorship banners or other material anywhere on
You will be required to register as a buyer in order to make a purchase on the Site or as a seller in order to sell your
parts upon UsedHogParts.com. Registration is subject to these terms and conditions and the additional Terms and Conditions
applicable to you set forth on your respective registration pages. Your account and User ID may not be transferred or sold
to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity
to this User Agreement. When registering, you must provide us with true, accurate, current and complete information as
prompted on the forms on the UsedHogParts.com site and you must maintain and promptly update such information to keep it true,
accurate, current and complete. Upon registration you will identify the email account you wish to use as your user ID and
create a unique password.
Passwords and Security
Any passwords used to access this Site are for your
individual use only. You shall be solely responsible for the confidentiality and security of your password. You are
responsible for all activities that occur under your password and account email login. UsedHogParts shall be entitled to monitor
your password and, at its discretion, require you to change it. You agree to immediately notify us of any unauthorized use of your
password and account email login or any other breach of security. Notwithstanding anything in this agreement, UsedHogParts.com
is not liable for any loss or damage arising from your failure to comply with this section or the section above entitled
"registration". If you use a password that UsedHogParts considers insecure, UsedHogParts will be entitled to require this to
be changed and/or terminate your account
You are prohibited from using any services or facilities provided in connection
with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you
become involved in any violation of system security, UsedHogParts reserves the right to release your details to system administratos
t other sites in order to assist them in resolving security incidents.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However,
because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. We encourage
you to communicate directly with potential trading partners through the tools available on the Site. When appropriate, you may
also wish to consider using a third party escrow service or services that provide additional user verification.
Fees and Services
Joining and purchasing items at UsedHogParts is free (minus the cost of the parts and shipping). We do charge fees for listing
items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will
be charged. We may change the fees for any of our services from time to time. Our changes to the policy are effective after we
provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to
temporarily change our fees for our services for promotional events (for example, free listing days) and such changes are effective
when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any
time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise
stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site
and all applicable taxes.
UsedHogParts reserves the right to investigate suspected violations of this User Agreement, including without limitation any
violation arising from any submission, posting or e-mails you make or send. UsedHogParts may seek to gather information from the user
who is suspected of violating this User Agreement, and from any other user. UsedHogParts may suspend any users whose conduct or
postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If
UsedHogParts believes, in its sole discretion, that a violation of this User Agreement has occurred, it may edit or modify any
submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate
accounts or take other corrective action it deems appropriate. UsedHogParts will fully cooperate with any law enforcement
authorities or court order requesting or directing UsedHogParts to disclose the identity of anyone posting any e-mails, or
publishing or otherwise making available any materials that are believed to violate this User Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS USEDHOGPARTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY
USEDHOGPARTS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY
EITHER USEDHOGPARTS OR LAW ENFORCEMENT AUTHORITIES.
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access.
You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or
other access devices). UsedHogParts, reserves the right to modify or discontinue, temporarily or permanently, all or any part of
this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines
and limitations on this Sites use.
Except as explicitly stated otherwise, all notices to UsedHogParts.com shall be given by postal mail to: UsedHogparts.com at the
address listed in the How to Contact Us section of this agreement; and all notices to you shall be sent to the address provided by you
to UsedHogParts.com during the registration process. The notice shall be deemed given 24 hours after email is sent, unless we are
notified that the email address is invalid. Alternatively, we may also give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to UsedHogParts.com during the registration process. In such case, notice shall be deemed
given 3 days after the date of mailing.
You and UsedHogParts are independent contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by this User Agreement.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of
our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
UsedHogParts makes no representation that Materials or other content in the Site are appropriate or
available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from
other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and
to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of
technical data exported from the United States or the country you reside in.
Governing Law, Jurisdiction
This Site was created and is now controlled and operated by Used Hog Parts LLC, a Michigan limited liability company, from
its offices within the city of Belleville in the state of Michigan of the United States. All issues relating to your access to,
or use of, this Site will be governed in all respects by U.S. federal law and the laws of the State of Michigan as such laws are
applied to agreements entered into and to be performed entirely within Michigan between Michigan residents. Any action you, any
third party or UsedHogParts may bring to enforce this User Agreement or, in connection with any matters related to the Site shall
be brought only in either the State courts located in Wayne County, Michigan, or the applicable federal courts in the Eastern
District of Michigan. You expressly consent to the jurisdiction of said courts.
If any provision of this User Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable and struck from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that the agreement created from your acceptance of this User Agreement and all incorporated agreements may be
automatically assigned by UsedHogParts, in our sole discretion.
Our Use of Content
UsedHogParts will consider anything you provide to UsedHogParts and/or contribute to this Site as non-confidential and
available for our use free of any obligations to you.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This User Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.
All sections with respect to fees owed for our services, releases, licenses, access and interference, liability limits,
indemnity and resolution of disputes shall survive any termination or expiration of this User Agreement.
How To Contact Us
UsedHogParts's mailing address is located at PO Box 972353, Ypsilanti, MI 48197. Please forward any complaints,
questions or general correspondence via our
contact us form.