TERMS & CONDITIONS of USE
JAY PARTS USA Inc.
Last update: April 11, 2022
These Terms apply to all visitors, users and others who wish to access or use the Website and Social Media Pages.
Purchases & User Account
If you wish to purchase any product or service made available through the Website (“Purchase”) you may be required to register for a user account. You may be asked to supply certain information relevant to your Purchase including, without limitation, your billing address and shipping information, phone number and email address.
You must have attained the age of legal majority in your jurisdiction to have a Website account (“Account”) or have a parent or legal guardian control the Account for you. You are prohibited from having an Account if you have previously been banned from accessing or using the Website. You may be required to select Account credentials, including a user ID and password. JAY PARTS USA Inc. may refuse to grant you a particular user ID for any reason. All user IDs and passwords are the property of JAY PARTS USA Inc. and may be canceled at any time by us without any prior notice or any liability to you or any other person. You agree to maintain accurate, complete, and up-to-date information in your Account.
It is your responsibility to keep your password confidential and your Account secure. You agree you are solely responsible for all activity and purchases that occur through your Account. You agree to notify JAY PARTS USA Inc. immediately of any unauthorized use, or suspected unauthorized use, of your Account and any other breach of security. You further agree that you will not permit others, including those who have been banned from the Website, to use your Account. JAY PARTS USA Inc. reserves the right to terminate your Account for any reason, including any violation of these Terms. JAY PARTS USA Inc. is not liable for any loss or damage arising from your failure to comply with the above requirements or from any losses resulting from unauthorized access to or use of your Account, the Website and/or the Social Media Pages. You may be liable to JAY PARTS USA Inc. or third-parties for such unauthorized access or use.
You represent and warrant that:
- you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and
- the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order in our sole discretion if fraud or an unauthorized or illegal transaction is suspected.
We may terminate or suspend your Account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to breach of the Terms.
If you wish to terminate your Account, you may simply discontinue using the Website or you may contact us at email@example.com. You may also send us an email at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user Account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website.
Any and all typographical or clerical errors made by Seller in these Terms or in Seller’s quotations or communications are subject to correction by Seller without prior notice.
CONTACT – ELECTRONIC COMMUNICATIONS
When contacting us via the Website or Social Media Pages or by email, you are communicating with us electronically and you consent to our review and analysis of such messages and to receive return communications, if any, from us electronically.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic communications are never completely private or secure. You understand and acknowledge that anything you send electronically to the Website, the Social Media Pages and/or by email or text message to JAY PARTS USA Inc. may be read or intercepted by others. Communicating with us electronically does not cause JAY PARTS USA Inc. to have any special responsibility or obligation to you.
You may use the Website and/or Social Media Pages only for lawful purposes and in accordance with these Terms. You agree not to use the Website and/or Social Media Pages:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with User Content standards set out in these Terms;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- To impersonate or attempt to impersonate JAY PARTS USA Inc., a JAY PARTS USA Inc. employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and/or Social Media Pages, or which, as determined by us in our sole discretion, may harm JAY PARTS USA Inc. or users of the Website and/or Social Media Pages, or expose them to liability.
Additionally, you agree not to:
- Use the Website and/or Social Media Pages in any manner that could disable, overburden, damage, or impair the Website and/or Social Media Pages or interfere with any other party’s use of the Website and/or Social Media Pages, including their ability to engage in real time activities through the Website and/or Social Media Pages;
- Use any robot, spider, or other automatic device, process, or means to access the Website and/or Social Media Pages for any purpose, including monitoring or copying any of the material on the Website and/or Social Media Pages;
- Use any manual process to monitor or copy any of the material on the Website and/or Social Media Pages, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Website and/or Social Media Pages;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website and/or Social Media Pages, the server on which the Website and/or Social Media Pages are stored, or any server, computer, or database connected to the Website and/or Social Media Pages;
- Attack the Website and/or Social Media Pages via a denial-of-service attack or a distributed denial-of-service attack; and
- Otherwise attempt to interfere with the proper working of the Website and/or Social Media Pages.
Any information you post or otherwise transmit to the Website or our Social Media Pages, including any comments, feedback, data, photos, videos, questions, or suggestions (“User Content”), are considered non-confidential and non-proprietary. In other words, you waive any and all rights to claim that JAY PARTS USA Inc. or any third-party’s use of your User Content violates any of your rights including but not limited to moral rights, privacy, intellectual property, publicity, or any other rights. JAY PARTS USA Inc. does not guarantee that you will have any opportunity to edit or delete your User Content. You acknowledge that you, not JAY PARTS USA Inc., are solely responsible for the composition of any User Content.
JAY PARTS USA Inc. prohibits, and you agree you will refrain from, posting or transmitting any untruthful, defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could incite a criminal act, give rise to civil liability, or otherwise violate any law. JAY PARTS USA Inc. may monitor, review or remove comments, discussions, postings, or transmissions in its sole discretion. However, we have no obligation to do so and assume no liability or responsibility arising from any User Content or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any User Content. JAY PARTS USA Inc. may change, edit, or remove User Content at any time, for any reason, including if we find, in our sole discretion, User Content to be untruthful, illegal, indecent, obscene, offensive, or in any way a violation of our policies including these Terms. JAY PARTS USA Inc. will cooperate fully with any law enforcement authorities or any court order requesting or directing us to disclose the identity of anyone posting User Content. YOU WAIVE AND HOLD HARMLESS JAY PARTS USA INC. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Regarding your User Content, you represent and warrant that:
- You are the author;
- You are accurately representing your identity;
- You have all rights, consents, and licenses to grant JAY PARTS USA Inc. the rights to your User Content as described in these Terms;
- You have reached the legal age of majority, or are at least 16 years old and a parent or legal guardian consents to you submitting and posting your User Content;
- You are a bona fide owner and user of any of our product(s) and services mentioned, and your User Content reflects your honest opinion and experience with the products(s) and service(s);
- No promise of payment has been made to you for your User Content, and you have no expectation of any payment in return for your User Content; and
- Your User Content does not contain anything that could be considered untruthful, obscene, indecent, hate speech, to incite violence, or that is otherwise unlawful.
JAY PARTS USA Inc. does not guarantee the accuracy, completeness, or usefulness of any User Content. Any opinions, advice, statements, services, offers, or other information contained in User Content are those of the author, and not of JAY PARTS USA Inc. You acknowledge that by providing access to the User Content on the Website and/or Social Media Pages, JAY PARTS USA Inc. is acting only as a passive conduit for such User Content and is not undertaking any obligation or liability relating to any User Content or related activities on the Website and/or Social Media Pages.
Links To Other Web Sites
Our Website and/or the Social Media Pages may contain links to third-party web sites or services that are not owned or controlled by JAY PARTS USA Inc.
JAY PARTS USA Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that JAY PARTS USA Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
The JAY PARTS name, the JAY PARTS logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by JAY PARTS USA Inc. or its affiliates or licensor.
JAY PARTS USA Inc. prohibits the use of such marks without prior written authorization from JAY PARTS USA Inc. All other names, logos, product and service names, designs, and slogans on the Website and/or Social Media Page are the trademarks of their respective owners. JAY PARTS USA Inc. has the sole right to apply for intellectual property rights and claim the corresponding priority.
WEBSITE / SOCIAL MEDIA
All content, pictures, graphics, script and other content of the Website are the intellectual property of JAY PARTS USA Inc. or are provided with permission from the applicable manufacturer/owner for JAY PARTS USA Inc. to use. The JAY PARTS USA Inc. Website/content/pictures may not, either completely or in part, be edited, copied, distributed, broadcast, nor its content delivered without prior written consent, neither may it be electronically, magnetically nor optically reproduced. You may make personal use of the Website, including printing one copy of a reasonable number of pages from the Website solely for your personal use.
You shall not take any action which would facilitate the imitation of the Website, the construction of the layout or the representation of individual products by yourself or any other person or persons.
Due to technological circumstances, there may be color variations between the Website product representations and the original product.
Links to the Website should be displayed in a new browser window, provided that the link does not refer to www.jay-parts.us, but instead to a sub-page, which for technical reasons, should first be discussed with the Website web-master. Any display of the Website within an “external” frame is strictly prohibited.
You shall indemnify and hold harmless JAY PARTS USA Inc., its affiliates, its licensors, and their employees, contractors, agents, officers and directors, from any and all claims and damages including third-party claims, damages and expenses (including attorneys’ fees) under any theory including tort, product liability, negligence (ordinary or gross), warranty, contract, statute, or otherwise arising out or relating to your use of the Websites & Social Media Pages, including, but not limited to, your User Content, and any use of Website’s content, services, and/or products.
Limitation of Liability
to the fullest extent provided by law, In no event shall JAY PARTS USA Inc., nor its directors, employees, partners, agents, RELATED ENTITIES, or affiliates, be liable for any direct, indirect, special, punitive or consequential damages, or for damages of any kind whatsoever even if JAY PARTS USA Inc. has been previously advised of the possibility of such damages, whether in an action under contract, TORT (INCLUDING negligence), or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products and materials available from the Website and/or Social Media Pages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
No Warranty – Disclaimer
YOUR USE OF THE WEBSITE AND/OR SOCIAL MEDIA PAGES IS AT YOUR SOLE RISK. THE WEBSITE AND SOCIAL MEDIA PAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
JAY PARTS USA Inc. does not warrant that
- the Website and/or Social Media Pages will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Website and/or Social Media Pages are free of viruses or other harmful components; or
- the results of using the Website and/or Social Media Pages will meet your requirements.
We do not guarantee the accuracy, completeness and timeliness of the information contained on the Website and/or Social Media Pages. We exclude any liability for damages arising directly or indirectly from the use of this Website and/or Social Media Pages, unless they are based on intentional misconduct or gross negligence on the part of JAY PARTS USA Inc. This also applies to all links from this Website and/or the Social Media Pages.
JAY PARTS USA Inc. reserves the right to make technical changes to and correct typographical errors on the Website and/or Social Media Pages at any time without prior notice. Any of the material on the Website and/or Social Media Pages may be out of date or inaccurate at any given time, and we are under no obligation to update such material and we are not liable for any such inaccuracies.
This disclaimer also applies to our Social Media Pages and channels: Facebook | Instagram | YouTube
These Terms are effective until terminated in a signed writing by JAY PARTS USA Inc. If you no longer agree to be bound by these Terms, you must immediately stop accessing or using the Website and/or Social Media Pages. Your use of the Website and/or Social Media Pages is at your sole risk. If you are dissatisfied with the Website and/or Social Media Pages or any of these Terms, your sole and exclusive legal remedy is to discontinue using the Website and/or Social Media Pages. If you breach any provision of these Terms, JAY PARTS USA Inc. may in its sole discretion and in addition to all remedies at law and equity available to JAY PARTS USA Inc., all of which are expressly reserved, suspend and/or prohibit your use of the Website and/or Social Media Pages.
ENTIRE AGREEMENT – GOVERNING LAW – JURISDICTION – VENUE – SEVERABILITY
These Terms constitute the sole and entire agreement between you and JAY PARTS USA Inc. regarding the Website and/or Social Media Pages and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or Social Media Pages.
a. If any term or condition of these Terms is held to be invalid, the remaining terms and conditions of these Terms shall not be affected thereby. Except as otherwise provided herein, the Terms may be modified, cancelled, or rescinded only by a signed writing executed by a duly authorized agent of JAY PARTS USA Inc.
b. THESE TERMS AND ALL MATTERS ARISING OUT OR RELATING HERETO SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THESE TERMS. WITHOUT LIMITING JAY PARTS USA INC.’S RIGHT TO COMMENCE ANY ACTION, AT JAY PARTS USA INC.’S ELECTION, IN ANY OTHER JURISDICTION, YOU HEREBY AGREE THAT ALL DISPUTES OR DIFFERENCES, WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE AND/OR THE SOCIAL MEDIA PAGES SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) (“RULES”) AS IN FORCE AT THE TIME OF SUCH DISPUTE BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH THE RULES. THE PLACE OF ARBITRATION SHALL BE DELAWARE. THE ARBITRAL AWARD SHALL BE SUBSTANTIATED IN WRITING. THE ARBITRAL TRIBUNAL SHALL ALSO BE ENTITLED TO DECIDE ON THE VALIDITY OF THIS ARBITRATION CLAUSE. YOU WAIVE ANY AND ALL CLAIMS FOR PUNITIVE, EXEMPLARY OR TREBLE (OR ANY DAMAGES BASED UPON A MULTIPLIER) DAMAGES AGAINST JAY PARTS USA, INC.. YOU AGREE AND ACKNOWLEDGE THAT YOU AND JAY PARTS USA INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Changes to these Terms
It is our policy to post any changes we make to our Terms on this page. The date of the most recent changes to these Terms is provided at the “last updated” date at the beginning of these Terms. Notice of changes in these Terms will be posted on our Website. You are responsible for visiting our Website regularly and these Terms to check for any changes.