
Terms & Conditions
Terms & Conditions/Privacy
Please read this Terms
of Use Agreement (the “Agreement”) carefully. The Agreement governs your use of any and
all websites owned and/or operated by Service Company Solutions, LLC, including
but not limited to Websites MyPartshelp.com and Diagnostics.Mypartshelp.com
(collectively, the “Websites”) and the services and goods provided
through, or in connection with, the Websites (collectively, the
“Service”). Each time you use the Service, you acknowledge that you
have read and agree to be bound by all terms of the Agreement.
WEBSITES ARE ONLY VENUES
The Websites can act as
an online marketplace for you to find and transact with other users, members,
buyers or sellers (the “Users”) showing products or services on the
Service or otherwise associated with the Service. Service Company Solutions, LLC
and its websites is not a broker, lender or seller, does not sell any products
or provide any services and is not a party to any transaction you may make with
a seller or distributor.
The Websites do not sell or license any of the appliance products listed and displayed
on the Websites. It is only a venue and is not acting as an agent of sale
or an agent of any merchant or provider of appliance products or services. Service
Company Solutions, LLC does not have any responsibility for, or liability
related to, any appliance products and services listed on the Websites. You
should direct any questions, complaints or claims related to any product or
service to the appropriate seller or provider.
Service Company Solutions, LLC does not warrant that prices, shipping costs,
taxes, products or descriptions, or any other content of the Websites are
accurate, complete, reliable, current or error-free. Site contents are provided
for informational purposes only and Service Company Solutions, LLC shall have
no liability for inaccuracy or incompleteness in product or service content,
user ratings or commentary, or other content on the Websites.
Service Company Solutions, LLC is not responsible or liable for any products,
services, information or other materials displayed, purchased, or obtained by
you from the Websites services. Service Company Solutions, LLC does not
endorse, warrant or guarantee the products or services of any seller or
distributor. Service Company Solutions, LLC is not liable for any delays,
inaccuracies, errors or omissions with respect to the information or the
transmission or delivery of all or any part thereof, for any damage arising
there from or occasioned thereby, or for the results obtained from the use of
the information. Service Company Solutions, LLC is not liable for any
acts or omission of acts of any seller or distributor on the Websites. You
assume the entire risk as to the accuracy, adequacy, completeness, currency,
validity and quality of any information relating to the Services. Any information
on the Websites can change without notice.
TRANSACTIONS
You may post content or view content posted by others on the Websites. Service
Company Solutions, LLC does not undertake any obligation to monitor such
content. You may act as a buyer and correspond with, participate in promotions
by, and conduct transactions with the Users. Service Company Solutions, LLC is
not a party to the transactions between you and the Users of the Websites.
The Agreement, and any terms of service established by third parties, govern
all transactions through the Service. By participating in a transaction through
the Service, you agree and accept the Agreement and any terms of service
established by third parties. Service Company Solutions, LLC assumes no
liability, obligation or responsibility in connection with any transactions
between you and the Users of the Websites. If you have a dispute with the Users
or any third party, you release Service Company Solutions, LLC (and its agents
and employees) and its service providers from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such dispute.
THIRD PARTY LINKS
Service Company Solutions, LLC may provide links to external websites of parts
distributors for your convenience and reference only. Service Company Solutions,
LLC does not endorse and is not responsible for the availability of these
external websites or resources or for any content, advertising, products, or
other materials on or available from such external websites or resources. Your
use of and dealings with the owners or operators of these external websites or
resources are at your own risk. You cannot make any claim against Service
Company Solutions, LLC or its service providers arising out of your use of
external websites or resources. Service Company Solutions, LLC makes no
guarantee for the accuracy of data or pricing returned from distributor’s
websites. This data may change with no notice to Service Company Solutions, LLC
or end users. The ability to access specific data from any Parts Distributors
could be unavailable at times. Service Company Solutions, LLC works
continuously with participating Parts Distributors to ensure maximum uptime but
in no way guarantee accessibility. Service Company Solutions uses various
technologies to communicate with Parts Distributors. These technologies can
return varied results that the Websites have no control over. We will make
every effort to correct any communication issue, however, we make no guarantee
when that communication will be restored if ever.
MEMBER REGISTRATION
You must register as a Member with Service Company Solutions, LLC to access
certain functions of the Websites. You must provide certain current, complete,
and accurate information about yourself (the “Registration Data”)
when registering as a Member or updating your Registration Data. You agree not
to misrepresent your identity. You agree to maintain and keep your Registration
Data current and to update the Registration Data as soon as it changes. You are
responsible for maintaining the security of your password. Service Company
Solutions, LLC and its service providers are not liable for any loss that you
may suffer through the use of your password by others. You agree to notify Service
Company Solutions, LLC immediately of any unauthorized use of your account or
of any other breach of security known to you with respect to the Service.
ACCOUNT TERMINATION
POLICY
User may cancel service at anytime. You acknowledge and agree that Service
Company Solutions, LLC, may terminate your access to the Websites at the sole
discretion of Service Company Solutions, LLC at any time.
OWNERSHIP
All of the materials included on the Websites, including but not limited to
trademarks, text, graphics, logos and service marks (collectively, the
“Content”), are the property of Service Company Solutions, LLC and
other parties. U.S. and international copyright and trademark law protects all
Content available on the Websites. Your use of the Service and the Content does
not transfer to you any ownership or other rights in the Service or the
Content. You may download Content displayed on the Websites for your personal,
noncommercial use only, provided you also retain all copyright and other
proprietary notices contained on the Content. You may not modify, copy,
distribute, transmit, display, publish, sell, license, or create derivative
works using any of the Content for commercial or public purposes.
USER SUBMISSION CONTENT
As a Service Company
Solutions, LLC account holder you may submit pictorial content (“User
Photos”) and textual content (“User Comments”), database content
such as but not limited to Inventory data, Service Job resolutions, Customer
Data, Customer Complaints. User Photos, User Comments, database content such as
but not limited to Inventory data, Service Job resolutions, Customer Data,
Customer Complaints are collectively referred to as “User
Submissions.” You understand that whether or not such User Submissions are
published, Service Company Solutions, LLC does not guarantee any
confidentiality with respect to any User Submissions.
If you do post content
or submit material, you grant Service Company Solutions, LLC a nonexclusive, royalty-free,
perpetual, irrevocable, fully sub-licensable right to use, reproduce, modify,
adapt, publish, perform, translate, creative derivative works from, distribute
and display such content throughout the world of any media. You grant Service
Company Solutions, LLC and sub-licensees the right to use the name you submit
in connection with such content, if they choose. You affirm, represent
and/or warrant that: you own or have the necessary licenses, rights, consents,
or control all of the rights to the content that you post, and grant permission
to use and authorize Service Company Solutions, LLC to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any
and all User Submissions to enable inclusion and use of the User Submissions in
the manner contemplated by the Websites and these Terms of Service. You
further affirm, represent and/or warrant that the content is accurate; that use
of the content you supply does not violate this term of use, and will not cause
injury to any person or entity; and that you will indemnify Service Company
Solutions, LLC for all claims resulting from content that you supply. Service
Company Solutions, LLC has the right but not the obligation to monitor and edit
or remove any activity or content. Service Company Solutions, LLC takes
no responsibility and assumes no liability for any content posted by you or any
third party.
You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them.
You hereby grant to Service Company Solutions, LLC, on all media, whether now
known or hereinafter devised, a non-exclusive, worldwide, assignable,
royalty-free license to: display, publish, use, reproduce, reformat, compile,
archive, distribute, and transmit all materials provided by you to Service
Company Solutions, LLC and display your name, trademarks and service marks (as
used in connection with Member Content). You may submit Member Content only in
accordance with Service Company Solution, LLC’s current content submission
guidelines. Service Company Solutions, LLC shall have no obligation to post
Member Content, may remove Member Content, or may change or discontinue the
Websites at any time in its sole discretion. Service Company Solutions, LLC has
no obligation to monitor Member Content submitted by you or others in
connection with the Websites. As the sole consideration for the license and
rights granted to Service Company Solutions, LLC under the Agreement, Service
Company Solutions, LLC will consider posting Member Content on the Website.
You retain all right, title and interest (subject to the license granted
herein) in and to Member Content you submit to Service Company Solutions, LLC,
and represent and warrant that such Member Content and the license granted
herein (i) is factually accurate; (ii) does not violate any intellectual
property rights; (iii) does not contain information which is obscene or
defames, libels or otherwise injures or interferes with the privacy of others;
and (iv) does not require the payment of any kind by Service Company Solutions,
LLC to others.
In connection with User Submissions, you further agree that you will not submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner
to post the material and to grant Service Company Solutions, LLC all of the
license rights granted herein.
Service Company Solutions, LLC does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and Service Company
Solutions, LLC expressly disclaims any and all liability in connection with
User Submissions. Service Company Solutions, LLC does not permit copyright
infringing activities and infringement of intellectual property rights on its
Websites, and Service Company Solutions, LLC will remove all Content and User
Submissions if properly notified that such Content or User Submission infringes
on another’s intellectual property rights. Service Company Solutions, LLC
reserves the right to remove Content and User Submissions without prior
notice.
You agree not to post
personal information of your customers, including but not limited your customer
names, addresses, email addresses, telephone numbers and credit or debit card
information. You agree that you are responsible for the personal
information of your customers. If you disclose your customer’s personal
information, you will be responsible for that unauthorized disclosure.
If, however, Service Company Solutions, LLC and you are found to be joint data
controllers of a customer’s personal information, and if a claim in any form is
filed against Service Company Solutions LLC, or Service Company Solutions, LLC
otherwise incurs expenses as a result of the personal information having been
posted by you, you agree to indemnify Service Company Solutions, LLC for the
expenses it occurs in connection with the posting of your customer’s personal
information.
INTELLECTUAL PROPERTY
Unless otherwise noted, products, patents, product names, designs, logos,
titles, text, images, audio and video within these Sites are the trademarks,
service marks, trade names, copyrights, patents or other property of Service
Company Solutions, LLC (herein after Service Company Solutions, LLC
Intellectual Property). All other unregistered and registered trademarks are
the property of their respective owners. Nothing contained on the Sites should
be construed as granting, by implication, estoppel, or otherwise, any license
or right to use any Service Company Solutions, LLC Intellectual Property
displayed on the Sites without the written permission of Service Company
Solutions, LLC.
COPYRIGHT
All content included on these websites, including text, graphics, logos,
buttons, icons, and images, are the property of Service Company Solutions, LLC,
its licensors or its content suppliers, and are protected by U.S. and
international copyright and trademark laws. The compilations of all content on
the websites are the exclusive property of Service Company Solutions, LLC and
are protected by U.S. and international copyright laws. All software used on
the sites is the property of Service Company Solutions, LLC or its suppliers
and is protected by U.S. and international copyright laws. You may not copy,
publish, distribute, create derivative works of, or commercially exploit the
content of the websites, or use the websites for any other purpose.
TRADEMARKS
All trademarks, service-marks, and trade names appearing on the site are the
property of Service Company Solutions, LLC or their respective owners that have
granted Service Company Solutions, LLC the right to use such marks.
ACCEPTABLE USE OF THE
WEBSITE
Your use of the Service must be lawful and consistent with the security and
reliability of the Service and the World Wide Web.
In addition, the following rules apply to your use of the Service:
Your use of the Service is subject to all applicable local, state, national and
international laws and regulations. Your conduct is subject to Internet
regulations, policies and procedures.
You are solely responsible for the content of your transmissions and the
products you sell through the Service. You acknowledge and agree that Service
Company Solutions, LLC does not endorse the actions, the contents of
communications, or the products of the Users.
You must obtain and maintain any equipment or ancillary services needed to
connect to, access or otherwise use the Service, including, without limitation,
modems, hardware, software, and long distance and local telephone service. You
are responsible for ensuring that such equipment and ancillary services are
compatible with the Service.
You must complete all transactions you agree to complete in connection with the
Service.
In your capacity as a seller, if applicable, you will be solely responsible for
all aspects of transaction order processing and fulfillment, including but not
limited to processing credit card information, authorization and fraud detection,
shipping and handling, buyer support and service inquiries.
PROHIBITED CONDUCT
You must not: (a) use the Service for any illegal purpose or for the
transmission of any material that is unlawful, harassing, libelous, invasive of
another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or
otherwise objectionable, or that infringes or may infringe the intellectual
property or other rights of another, including the sale of pornography,
firearms and ammunition, living creatures and parts of endangered species,
stocks and other securities, drugs and drug paraphernalia, human body parts and
remains; (b) directly or indirectly interfere or attempt to interfere with the
proper working of the Websites, any account, or any communication or transaction
being conducted on our Websites; (c) use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the Content
without our prior expressed written permission; (d) take any action which
imposes an unreasonable or disproportionately large load on our infrastructure,
(e) use or disclose (to anyone except Service Company Solutions, LLC) any
information you obtain about or from other users of the Service, or you obtain
from Service Company Solutions if such information is marked confidential, for
any purpose except fulfillment of orders initiated by the Users or negotiating
prices with the Users, (f) conduct fraud, hide or attempt to hide your
identity, represent yourself as someone else, or manipulate or attempt to
manipulate prices, compromise or attempt to compromise the security of any
account, interfere or attempt to interfere with the proper working of the
Service, (g) send any unsolicited e-mail or advertising to any known
user, (h) use the Services for any use other than personal, noncommercial
purposes unless specifically approved in writing by Service Company Solutions, LLC,
in its sole discretion (i) reverse engineer, decompile or
disassemble, tamper with, or bypass any security associated with the Service
Company Solutions, LLC software, whether in whole or in part, or (j)
incorporate any portion of the Service Company Solutions, LLC software or data
into other programs or compile any portion of it in combination with other
programs, or otherwise copy, modify, create derivative works of, distribute,
assign any rights to, or license the Service Company Solutions, LLC software in
whole or in part.
DISCLAIMER OF WARRANTIES
you expressly agree that use of the service is at your own risk. Service
Company Solutions, LLC provides the service on an “as is” basis. Service
Company Solutions, LLC and its service providers expressly disclaim all
warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose,
title, and non-infringement. Service Company Solutions, LLC and its service
providers make no warranty that the service will meet your requirements, or
that the service will be uninterrupted, timely, secure, or error free; nor do Service
Company Solutions, LLC or its service providers make any warranty as to the
results that may be obtained from the use of the service, as to confidentiality
or privacy of any of user’s information registration data, or as to the
accuracy or reliability of any information obtained through the service. Any
material or data downloaded or otherwise obtained through the use of the
service is done at your own discretion and risk and you are solely responsible
for any damage to your computer system or loss of data that results from the
download of such material or data. Service Company Solutions, LLC and its
service providers make no warranty regarding any goods or services purchased or
obtained through the service or any transactions entered into through the
service and are not responsible for any use of confidential or private
information by merchants or other users. No advice or information, whether oral
or written, obtained by you from Service Company Solutions, LLC or through the
service, shall create any warranty not expressly made herein. Some
jurisdictions do not allow the exclusion of certain warranties, so some of the
above exclusions may not apply to you.
While Service Company Solutions, LLC takes reasonable steps to safeguard and to
prevent unauthorized access to your information and registration data, we
cannot be responsible for the acts of those who gain unauthorized access, and
we make no warranty, express, implied, or otherwise, that we will prevent
unauthorized access to your private information.
In no event shall Service Company Solutions, LLC be liable for any damages
(whether consequential, direct, incidental, indirect, punitive, special or
otherwise) arising out of, or in any way connected with, a third party’s
unauthorized access to your information or registration data, regardless of
whether such damages are based on contract, strict liability, tort or other
theories of liability, and also regardless of whether Service Company Solutions,
LLC was given actual or constructive notice that damages were possible.
Service Company
Solutions, LLC does not warrant that the Service Company Solutions, LLC
services, information, content, materials, products (including software) or
other services included on or otherwise made available to you through the Service
Company Solutions, LLC services, Service Company Solutions, LLC’s servers or
electronic communications sent from Service Company Solutions, LLC are free of
viruses or other harmful components. To the full extent permissible by law, Service
Company Solutions, LLC will not be liable for any damages of any kind arising
from the use of any Service Company Solutions, LLC service, or from any
information, content, materials, products (including software) or other
services included on or otherwise made available to you through any Service
Company Solutions, LLC service, including, but not limited to direct, indirect,
incidental, punitive, and consequential damages, unless otherwise specified in
writing.
LIMITATION OF LIABILITY
to the extent not prohibited by law, in no event shall Service Company
Solutions, LLC be liable for personal injury, or any incidental, special,
indirect or consequential damages whatsoever, including, without limitation,
damages for loss of profits, corruption or loss of data, failure to transmit or
receive any data, business interruption or any other commercial damages or
losses, arising out of or related to your use of or inability to use the
service or any third party service in conjunction with service company solutions,
LLC’s service, however caused, regardless of the theory of liability (contract,
tort, or otherwise) and even if Service Company Solutions, LLC 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 consequences
damages, so this limitation may not apply to you. In no event shall Service Company
Solution, LLC’s total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed the
amount equal to the amount of one month’s membership fee. The foregoing
limitations will apply even if the above stated remedy fails of its essential
purpose.
INDEMNIFICATION
You agree to indemnify and hold Service Company Solutions, LLC, its
subsidiaries, affiliates, officers and employees, and service providers
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third party due to or arising out of your use of the Service, the
violation of this Agreement by you, or the infringement by you, or other user
of the Service using your computer, of any intellectual property or other right
of any person or entity. Even though prohibited, people may provide information
that is offensive, false, harmful, or deceptive. Service Company Solutions, LLC
and its Service providers assume no responsibility whatsoever for such content
or actions.
RELEASE
you hereby release, remise and forever discharge Service Company Solutions, LLC
and its service providers and each of their respective agents, directors,
officers, employees, information providers, service providers, suppliers,
licensors and licensees, and all other related, associated, or connected
persons from any and all manner of rights, claims, complaints, demands, causes
of action, proceedings, liabilities, obligations, legal fees, costs, and
disbursements of any nature and kind whatsoever and howsoever arising, whether
known or unknown, which now or hereafter exist, which arise from, relate to, or
are connected with your use of the service.
TERMINATION
If you breach any provision of this Agreement, you may no longer use the
Service. Service Company Solutions, LLC may, in its sole discretion, change,
suspend, or terminate, temporarily or permanently, the Service or any part of
it at any time, for any reason, without notice to you and without liability to
you or any other person. If Service Company Solutions, LLC terminates this
Agreement for any reason, it continues to apply and bind you with respect of your
prior use of the Service, including payment of any charges accrued in
connection with use of the Service. Upon termination, Service Company Solutions,
LLC may remove from the Websites and permanently delete and destroy any Member
Content that you or others may have posted or submitted without any prior
notice or liability to you or any other person.
GENERAL
The Agreement comprises the entire agreement between you and Service Company
Solutions, LLC and supersedes all prior agreements regarding the subject matter
contained herein. Service Company Solutions, LLC may amend the terms and
conditions of this Agreement (the “amended terms”) from time to time.
If you continue to use the Service after the amended terms become effective,
you are deemed to have agreed to be bound by the amended terms. If you do not
agree to the amended terms, then you agree not to use the Service. Your
continued use of the Service constitutes an affirmative: (a) acknowledgment by
you of this Agreement and its amended terms; and (b) agreement by you to abide
and be bound by the Agreement and its amended terms.
This Agreement shall be governed by and construed in accordance with the laws
of the State of New Hampshire (without regard to conflict of laws provisions
thereof). If any provision(s) of the Agreement is held contrary to law, then
such provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
effect. Service Company Solution, LLC’s failure to exercise or enforce any
right or provision of the Agreement shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by Service Company Solutions, LLC
in writing. The section titles in the Agreement are used solely for the
convenience of the parties and have no legal or contractual significance.
A printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
