Logo

CAR-PART.COM RECYCLER APPLICATION
END USER LICENSE AGREEMENT

This application (the “Licensed Application”) is licensed, not sold, to the user which downloads the Licensed Application from an application marketplace (the "App Store") and/or uses the Licensed Application (the “User”) for use only under the terms of this End the User License Agreement (“EULA”). Used-Car-Parts.com, Inc. (“Car-Part”) reserves all rights not expressly granted to the User in this EULA.

a. Scope of License: The license granted to the User for the Licensed Application by Car-Part is limited to a non-transferable license to use the Licensed Application on any mobile device owned or controlled by the User (a “Device”) that is permitted to access the App Store pursuant to the terms and conditions applicable to the access and use of the App Store (the “Usage Rules”). This license does not allow the User to use the Licensed Application on any Device that the User does not own or control, and the User may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. The User may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. The User may not copy (except as expressly permitted by this EULA and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Car-Part and its licensors. If the User breaches this restriction, the User may be subject to prosecution and damages. The terms of the EULA will govern any upgrades provided by Car-Part that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: The User agrees that Car-Part may collect and use technical data and related information, including but not limited to technical information about the User’s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to the User (if any) related to the Licensed Application. Car-Part may use this information to improve its products or to provide services or technologies to the User. Additional information regarding Car-Part’s collection and use of data and information regarding the User’s use of the Licensed Application and the Services (as defined below) are set forth in the Car-Part.com Inventory Search Service Terms of Use (which may accessed and reviewed at http://products.car-part.com/myparts/search.htm or on the “Legal Information” page in the Licensed Application) and the Privacy Policy (which may accessed and reviewed at http://products.car-part.com/myparts/privacy.htm or on the “Legal Information” page in the Licensed Application).

c. Termination. The license is effective until terminated by the User or Car-Part. The User’s rights under this license will terminate automatically without notice from the Car-Part if the User fail to comply with any term(s) of this EULA or the Car-Part.com Inventory Search Service Terms of Use. Upon termination of the EULA, the User shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. Services; Third Party Materials. The Licensed Application may enable access to Car-Part’s services and websites (collectively and individually, the “Services”). Accessing and using the Services may require Internet access. The User’s use of any of the Services is subject to the Car-Part.com Inventory Search Service Terms of Use (which may accessed and reviewed at http://products.car-part.com/myparts/search.htm or on the “Legal Information” page in the Licensed Application) and any other terms of use applicable to the respective services and websites. By downloading or using the Licensed Application and/or accessing or using any of the Services, the User agrees to be bound by the Car-Part.com Inventory Search Service Terms of Use (which may accessed and reviewed at http://products.car-part.com/myparts/search.htm or on the “Legal Information” page in the Licensed Application) and any such other terms of use applicable to the respective services and websites.

The User understands that by using any of the Services, the User may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, the User agrees to use the Services at User’s sole risk and that Car-Part shall not have any liability to the User for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, the User acknowledges and agrees that Car-Part is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Car-Part does not warrant or endorse and does not assume and will not have any liability or responsibility to the User or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to the User. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, the User should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Car-Part, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

The User agrees that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that the User will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of the Services set forth in the Car-Part.com Inventory Search Service Terms of Use (which may accessed and reviewed at http://products.car-part.com/myparts/search.htm or on the “Legal Information” page in the Licensed Application). No portion of the Services may be reproduced in any form or by any means. The User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and the User shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. The User further agrees not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Car-Part is not in any way responsible for any such use by the User, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that the User may receive as a result of using any of the Services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Device are not available in all languages or in all countries. Car-Part makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent the User chooses to access such services or materials, the User does so at the User’s own initiative and the User is solely responsible for compliance with any applicable laws, including but not limited to applicable local laws. Car-Part, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Car-Part be liable for the removal of or disabling of access to any such Services. Car-Part may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED APPLICATION IS AT THE USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND THE SERVICES PERFORMED, PROVIDED, OR ACCESSIBLE BY OR THROUGH THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CAR-PART HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CAR-PART DOES NOT WARRANT AGAINST INTERFERENCE WITH THE USER’S ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR THAT THE SERVICES PERFORMED, PROVIDED, OR ACCESSIBLE BY OR THROUGH THE LICENSED APPLICATION WILL MEET THE USER’S REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAR-PART OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE USER.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CAR-PART BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USER’S USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CAR-PART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO THE USER. In no event shall Car-Part’s total liability to the User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. The User may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, the User represents and warrants to Car-Part that it is not located in any such country or on any such list. The User also agrees that it will not use the Licensed Application or the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Governing Law and Venue: This EULA (and the use of the Licensed Application) shall be construed in accordance with and governed by the law of the Commonwealth of Kentucky, United States of America (without regard to principles of conflict of laws), including the application of any applicable statutes of limitations. The User understands, acknowledges and agrees that any action, suit or proceeding brought by the User or Car-Part with respect to this EULA (and/or the use of the Licensed Application and/or the Services, and/or the use of any information obtained from the use of the Services) shall be brought exclusively in the courts of the Commonwealth of Kentucky located in Kenton County, Kentucky, United States of America, or in the courts of the United States for the Eastern District of Kentucky, United States of America. By accessing or using the Licensed Application and/or the Services, the User irrevocably submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of Kentucky located in Kenton County, Kentucky, United States of America, and the courts of the United States for the Eastern District of Kentucky, United States of America.

j. Right to Amend EULA: Car-Part may amend this EULA at any time by (1) posting an amended version of this EULA to a link accessible from the Licensed Application, (2) posting an amended version of this EULA on Car-Part’s products website, or (3) otherwise providing the User reasonable notice of any amendment(s) to this EULA. This EULA (as amended) will be effective immediately upon being posted in the manner described above (or when Car-Part otherwise provides the User reasonable notice of the amendment(s) as described above) unless a different effective date is explicitly set forth in the amended EULA. The User does not have the right to amend, modify, disregard, or reject any of the terms or conditions of this EULA (either in its present forms or as it may be amended from time to time in the future).



Version 2016.01.12

© Car-Part.com