Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
BY VISITING, BROWSING, ACCESSING, OR OTHERWISE USING THIS WEBSITE (THE "SITE") OPERATED BY DIRECT TRANSMISSION PARTS (“DIRECTTRANSMISSIONPARTS.COM”), YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, at directtransmissionparts.com’s sole discretion. By visiting, browsing, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement, Copyright Disclosure, and the Privacy Policy (link located at the bottom of the homepage) each visit.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and directtransmissionparts.com (References to "you" or "your" shall relate to a customer of directtransmissionparts.com or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); reference to "Direct Transmission Parts" or any variation thereof shall relate to directtransmissionparts.com. By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations. If you do not agree to this User Agreement, as it may be changed by directtransmissionparts.com from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by directtransmissionparts.com from its offices within the United States. Directtransmissionparts.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of New York without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Suffolk County, New York to hear any such claims.
Access, Interference and Linking
Directtransmissionparts.com grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portions of it, except as provided below under "Use Restrictions," or with express written consent of directtransmissionparts.com. The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by directtransmissionparts.com; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by directtransmissionparts.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray directtransmissionparts.com, its subsidiaries and affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission of directtransmissionparts.com. Directtransmissionparts.com does not review nor control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by directtransmissionparts.com or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, download, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of directtransmissionparts.com or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site of personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without directtransmissionparts.com's prior written permission, "mirror" any material contained on this Site or on any other server. Any unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues.
Any unauthorized use terminates the license granted by directtransmissionparts.com. All trademarks and registered trademarks are the sole property of their respective owners. Photographs are courtesy of their respective producers. directtransmissionparts.com and the DirectTransmissionParts.com logo are all trademarks of directtransmissionparts.com
Copyright ©2014 DirectTransmissionParts.com.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DIRECTTRANSMISSIONPARTS.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF DIRECTTRANSMISSIONPARTS.com OR A DIRECTTRANSMISSIONPARTS.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF, 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.
Arbitration
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with directtransmissionparts.com, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at that time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act(9 U.S.C. 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. 2-1-208) or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any in-person Hearing is required, it shall be held in Holtsville, New York or the closest arbitration hearing location. Each party shall bear its own cost of any legal representative, discovery, or research required to complete arbitration.
Severability
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Privacy
Please review our Privacy Policy, (link located at the bottom of the homepage) which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. DirectTransmissionParts.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Warranties
The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
Conflict of terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Applicable laws (choice of venue and forum)—Use of this website shall in all respects be governed by the laws of the state of New York, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the New York courts located in Suffolk County, New York shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Communications to DirectTransmissionParts.com.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by DirectTransmissionParts.com for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, DirectTransmissionParts.com is free to use any ideas, concepts, know-how, or techniques contained in any communications you send to DirectTransmissionParts.com or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products.
Questions, Correspondence, or Copyright Complaints
If you have a question concerning this site, or if you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by using our contact page located in the menu.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse access or otherwise use this Site.
