Last updated: March 4, 2016
If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You hereby agree to accept responsibility for all activities that occur under your account and password. Our Website may only be used for lawful purposes. Activities including, but not limited to, tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited.
Users are prohibited from violating or attempting to violate the security of our Website including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Website for unintended purposes or trying to change the operation of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures for any reason; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Website (impersonating our Website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Parts Now, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on our Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by Parts Now or generally publicly available browsers.
Requirements for Use of Website Services
Use of our Website and services require compatible devices and Internet access, may also require certain software (fees may apply) and periodic updates, and may be affected by the performance of the foregoing factors. High-speed Internet access is strongly recommended. You agree that these requirements, which may change from time to time, are your responsibility. Our Website and services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to our Website or services.
In order to access or use some features of our Website, you will have to become a registered user. As a registered user of our Website and services, you must establish an account (“Account”). You agree to provide accurate, current and complete information when you register with Parts Now, and you agree to update your Account information to keep it accurate, current and complete. You agree that Parts Now may store and use the Account information you provide for use in maintaining your Account. Parts Now reserves the right to suspend or terminate your Account if any information provided during your registration or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. You are responsible for safeguarding your password and the confidentiality and security of your Account information. You agree that you will not reveal your password to anyone else and you are solely responsible for all activities that occur on or through your Account, and you agree to immediately notify Parts Now of any security breach of your Account. Parts Now shall not be responsible for any losses arising out of the unauthorized use of your Account.
Your use of our Website includes the ability to enter into agreements electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS APP, INCLUDING ORDERS FOR PRODUCTS AND SERVICES, NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records and place orders for products and services through or Website, you may be required to have certain hardware and software, which are your sole responsibility.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Paying for Your Order
The price of all products and services on our Website are in the form of U.S. Dollars unless expressly stated otherwise. You may pay for your orders with major credit cards issued in the United States of America or, if approved, through a terms account. Currently, we accept Visa®, MasterCard®, American Express®, and Discover®. Generally, credit cards are not charged until we ship the item(s) at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes, fees, and the shipping charges for the entire order. However, we may pre-authorize your order amount with your credit card at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information. Fulfillment of all ecommerce orders purchased on account is contingent upon possession of a sufficient credit limit for that order with Parts Now.
Sales Tax Policy
Because Parts Now does business throughout the United States and collects and remits sales tax as required by applicable law, our Website also collects and remits sales tax as appropriate. If you have tax-exempt status, please send your state tax-exempt certification to PNTax@partsnow.com
Shipping; Warranty and Return Policy
Third Party Materials
Certain content, products, and services available via our Website may include materials from third parties. Parts Now may also provide links to third-party websites as a convenience to you. You agree that Parts Now is not responsible for examining or evaluating the content or accuracy materials or websites and Parts Now does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Parts Now is not in any way responsible for any such use by you.
Disclaimer of Warranties
By using our Website, you expressly acknowledge agree that use of our Website is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our Website is provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. Neither Parts Now nor ANY of OUR respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors warrant that use of our Website will be uninterrupted or error-free or will be corrected. Parts Now makes no representation that content provided on our Website is applicable to, or appropriate for use in locations outside of the United States. Parts Now specifically disclaims all warranties with respect to this Website, whether expressed or implied or statutory, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, and of noninfringement of third party rights. No oral or written information or advice given by Parts Now or its authorized representative shall create a warranty. Some states do not allow OR LIMIT the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Limitation of Liability
Representations and Warranties of User
You represent, warrant and covenant: (a) that no materials of any kind submitted by you will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least 18 years old. Our Website is intended solely for individuals who are 13 years old or older. Any access to or use of our Website by anyone under the age of 13 is expressly prohibited.
Waiver and Indemnity
Termination of Use; Modifications
Right to Download
You may only download content displayed on our Website for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of our Website including the text, PDF files, images, audio and/or video for public or commercial purposes without the prior written permission from an authorized representative of Parts Now. It is strictly prohibited to download the images of the products for sale within our Website.
Parts Now, the Parts Now logo and other trademarks, service marks, graphics and logos used on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Parts Now and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. You are granted no right or license with respect to any of such trademarks or other intellectual property rights.
By using our Website, you agree that any information (except for personally identifiable information), materials, suggestions, ideas or comments you send to Parts Now or any other third party using our Website is non-confidential. By submitting any solicited or unsolicited information using our Website, you grant Parts Now an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
Owner and Operator of Our Website
PHXCO LLC dba Parts Now! is the owner and operator of our Website. Our Website address is www.PartsNow.com. The mailing address for Parts Now headquarters is 434 S Yellowstone Drive, Madison, WI 53719.
Official correspondence concerning our Website must be sent to: email@example.com
Last updated: March 4, 2016
Collection and Use of Personal Information
The following are some examples of the types of personal information Parts Now may collect: your name, e-mail address, delivery and billing addresses, phone number, contact preferences, credit card information, purchase history and fulfillment information, as well as, certain demographic information about you including your age, gender, purchase preferences and usage frequency.
Here are some examples of how we may use personal information: (1) the personal information you submit is used to carry out your requests and respond to your inquiries submitted on the Website; (2) the personal information we collect allows us to keep you posted on Parts Now’s latest product and services announcements and upcoming events. It also helps us to improve our services, content and advertising; (3) we also use personal information to help us develop, deliver and improve our products, services, content and advertising; (4) from time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions and policies; (5) we may also use personal information for internal purposes such as auditing, data analysis and research to improve Parts Now’s products, services and customer communications; and (6) if you enter into a sweepstake, contest or similar promotion we may use the information you provide to administer those programs.
Collection and Use of Non-Personal Information
Disclosure to Third Parties
Parts Now’s website, online services, interactive applications, email messages and advertisements may use a variety of technologies, now and hereafter devised, that automatically collect certain website usage information whenever you visit or interact with the Website. Website usage information may be collected by various methods, including “cookies” and other technologies. A cookie is a small text file that contains information that can later be read by us to facilitate your access to our Website and personalize your online experience. For example, if you are a registered user of our Website, we will record your user ID in a cookie file on your Device. Also, through the use of a cookie, we may automatically collect information about your online activity on our Website, such as the web pages you visit, the links you click, and the searches you conduct. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our Website.
Protection of Personal Information
Your privacy is important to us and Parts Now is very concerned with safeguarding your personal information. We have implemented administrative, technical and physical security measures that we consider reasonable and appropriate to protect against the loss, theft and misuse of the personal information under our control, as well as, against unauthorized access, disclosure, alteration and destruction of such information. Please be advised, however, that while we strive to protect your personal information and privacy, no method of electronic storage is 100% secure; therefore, we cannot guarantee or warrant the security of any information you disclose or transmit to us through our Website or our services and we are not responsible for the theft, destruction or inadvertent disclosure of your personal information.
In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by email, at our sole and absolute discretion, to the last email address that you have provided us in the most expedient time reasonable under the circumstances; provided, however, that delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. By using our Website and services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our Website and services.
Changing or Deleting Personal Information
Parts Now makes it easy for you to keep your personal information accurate, complete and up to date through the use of our Website. You can help ensure that your contact information and preferences and other personal information is accurate, complete and up to date by logging in to your account, if any. We may retain an archived copy of your records as required by law or for legitimate business purposes. For instructions on changing any of your privacy preferences, accessing your information, updating your information or for any privacy or data-protection related questions, please write to firstname.lastname@example.org.
Opt-Out of Receiving Communications
For our business customers, we will email you our twice-monthly newsletter ImagingNow, and other information about our various products and services we feel may be of interest to you. Only Parts Now (or agents working on behalf of Parts Now and under confidentiality agreements) will send you these direct communications. If you do not want to receive such communications, simply tell us when you give us your personal information.
Safe Shopping Policy
Because your credit card security is a high priority, we have taken numerous steps to ensure that your payment information is processed confidentially, accurately and securely. Our Website uses encryption technology, tokenization, to protect your credit card information. Credit card data is not stored at Parts Now.
Choosing a Personal Password
When you create an online account on our Website, you need to select a personal password that you will remember. Your password is case sensitive and must contain a minimum of 6 characters consisting of letters and/or numbers. To maximize your level of protection, you should choose a combination of both letters and numbers. You are solely responsible for maintaining the secrecy of your passwords or any account information.
Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data, we take reasonable precautions to prevent such unfortunate occurrences.
Identity theft and the practice currently known as “phishing” are of great concern to Parts Now. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password or other account or personal information in a non-secure or unsolicited email or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
We do not knowingly collect personal information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at email@example.com. If we become aware that a child under 13 has provided us with personal information without consent, we will delete such information.
Consent to Transfer Information to the United States
Our Website is operated in the United States for users located in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using our Website or providing us with any information, you consent to this transfer and processing of information in the United States.
Our Commitment to Your Privacy
To make sure your personal information is secured, we communicate our privacy and security guidelines to Parts Now employees, agents and representatives and strictly enforce privacy safeguards within Parts Now.