Terms Of Use

Terms Of Use

Legal Information & Notices

Ownership of Site,Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Part2melt web site located at www.part2melt.com, and all associated sites linked to www.part2melt.com by Part2melt, its subsidiaries and affiliates, including Part2melt sites around the world (collectively, the "Site"). The Site is the property of Part2melt Inc. ("Part2melt") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THESITE. Part2melt reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued useof the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Part2melt grants you a personal, non-exclusive, non-transferable, limited privilege to enterand use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "lookand feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Part2melt, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights andunfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") toany other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Part2melt’s express prior written consent.

You may use information on Part2melt products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Part2melt for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, orin any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Part2melt reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Part2melt server, or to any of the services offered on or through the Site, by hacking, password"mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to traceany information on any other user of or visitor to the Site, or any other customer of Part2melt, including any Part2melt account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Part2melt’s systems or networks, or any systems or networks connected to the Site or to Part2melt.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Part2melt on or through the Site or any service offered on or through the Site. You may not pretend that youare, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Part2melt or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Part2melt’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Part2melt may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Part2melt makes no commitment to update the materials on the Site with respect to such products and services.

Privacy

Part2melt’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Part2melt’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example,credit card information) is encrypted.

Links to Other Sites and to the Part2melt Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Part2melt’s control and Part2melt is not responsiblefor and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Part2melt does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its contentare delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. Part2melt cannot ensure that any files or other data you download from the site will be free of viruses or contaminationor destructive features. Disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Part2melt disclaims any and all liabilityfor the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any part2melt services. You assume total responsibility for your use of the site and any linked sites. Your sole remedyagainst part2melt for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Part2melt reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site or any portion of the Site, for any reason; (2) to modify or change the Site or any portion of the Site and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site as necessary to perform routine or non-routine maintenance error correction or other changes.

Limitation of Liability

Except where prohibited by law, in no event be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Part2melt has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Part2melt is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Part2melt’s liability shallin no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Part2melt (but not including the purchase price for any Part2melt hardware or software products or any Part2melt Care or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not applyto you.

Indemnity

You agree to indemnify and hold Part2melt, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’fees), made against Part2melt by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Part2melt may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bringlegal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Part2melt’s rights or property, or the rights or property of visitors to or users of the Site, including Part2melt’scustomers. Part2melt reserves the right at all times to disclose any information that Part2melt deems necessary to comply with any applicable law, regulation, legal process or governmental request. Part2melt also may discloseyour information when Part2melt determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Part2melt may preserve any transmittal or communication by you with Part2melt through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Part2melt determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, propertyor personal safety of Part2melt, its employees, users of or visitors to the Site, and the public.

You agree that Part2melt may in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Part2melt, for which monetary damages would be inadequate, and you consent to Part2melt obtaining any injunctive or equitable relief that Part2melt deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Part2melt may have at law or in equity.

You agree that Part2melt may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you(self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Part2melt does take any legal action against you as a result of your violation of these Terms of Use, Part2melt will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Part2melt. You agree that Part2melt will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agreeto the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer basedin the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises,or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses,except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Part2melt and you arising out of or in connection with your use of the Site, the parties shall attempt, promptlyand in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannotbe resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Part2melt administers and operates the www.part2melt.com Site from its location in Cupertino, California USA; other Part2meltsites may be administered and operated from various locations outside the United States. Although the Siteis accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Part2melt reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Part2melt with regard to your use of the Site, andany and all other written or oral agreements or understandings previously existing between you and Part2melt with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Part2melt, our company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Part2melt’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Part2melt of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Part2melt and you or any other party be deemed to modify any provision of these Termsof Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Part2melt provides access to Part2melt international data and, therefore, may contain references or cross references to Part2meltr products, programs and services that are not announced in your country. Such reference does not imply that Part2melt in your country intends to announce such products, programs or services.