Novanty – Terms of Use
PLEASE CAREFULLY REVIEW THESE TERMS OF USE AND ANY ADDITIONAL TERMS PRESENTED BEFORE USING THIS SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY AND SHALL NOT CONTRIBUTE TO ANY GROUP-BUY.

1. 1. Due Diligence – You agree to do your own due diligence prior to buying inventory. You further acknowledge and accept that, while Part Distribution LLC, (DBA Novanty) may partake in its own due diligence prior to the launch of any Group-Buy, you will not rely on such due diligence. You agree to not hold Part Distribution LLC, (DBA Novanty) liable for any false or unverified statements made by Businesses or other users on the platform.
   2. Agreeing to Terms – You agree that by buying inventory on a Group-Buy or from another Buyer, you are agreeing to all Terms of Service Agreements, and any/ all terms stated within the respective Group-Buy.
   3. Not shares – You understand that you are buying physical inventory and not shares or equity in any Business. You are not lending the Business or anyone any money. Purchasing physical inventory does not give you voting rights or any other governance rights regarding the decisions of the Business participating in the Group-Buy.
   4. Group-Buy – You understand that the inventory you and the other Buyers buy during the Open Buy period will be combined into one bulk Purchase Agreement with the Supplier or Business. You further understand that if you buy inventory at any time after the Open Buy period, you are actually buying inventory from another buyer. You understand that depending on the stage in which you buy, the physical inventory may not have actually been produced yet.
   5. Physical possession – You understand that you will not be given access to physically possess the inventory you buy until after the Time-Period stated in the Group-Buy. And then, you will only be given access to physically possess the inventory if the Business named does not purchase it from you in that time-Period. Furthermore, you understand that any expenses related to storing, handling or transporting your inventory from its warehouse to you is at your expense above and beyond what you paid for it.
   6. Exclusive Rights – You understand that you as a ‘Buyer’ of inventory are granting Exclusive Rights to the Business named in the Group-Buy to buy your inventory for the stated Sell-Price within a set Time-Period. Within this Time-Period and any time there after, you maintain the right to sell your inventory to any other ‘Buyer’ on Novanty,com. You understand that any Buyer who buys inventory from another buyer within this Time-Period shall also be bound by any time left in this Exclusive Rights clause.
   7. Buy Price – You understand that the price stated on a Group-Buy includes all costs associated with buying the inventory as well as taking part in the costs and efforts associated with shipping, storing and caring for your inventory for the stated Time-Period only. If the Time-Period is extended, you understand that there could be additional costs.
   8. No Common Enterprise – Horizontal – You understand that an expectation of profit is not necessarily shared and does not exclusively depend on the success of the overall venture. It is reasonably conceivable that some Buyers can get a return with profit from a Group-Buy, while other Buyers might lose everything from that same Group-Buy.
   9. No Common Enterprise – Broad Vertical – You understand that Buyers are not entering into a common enterprise with Novanty or the Business and do not expect to earn profits solely due to either other party’s efforts. Though Buyers can sell to the Business, they can also sell to any other Buyer. As well as gain physical possession of their own inventory if the inventory doesn’t sell within a set Time-Period. If the Buyer does not believe the inventory will be purchased by the Business, the Buyer is then considered motivated by a desire to use or consume the items purchased.
   10. Expectations of profit – You understand that the Buyers expectations of profit is, in large part, dependent on their own efforts. A buyer’s ability to see a return depends on the Buyers ability to sell their inventory at a higher price than the Buyer paid for the Inventory, such as by strategically determining when to lower a Sell-Price and, if the Buyer takes possession of the inventory, determining when, how and to whom to sell the inventory.
   11. Agency – Upon the success of a Group-Buy, you agree that Part Distribution LLC, (DBA Novanty) will represent you and the other Buyers as your agent during the Time-Period and terms stated in the Group-Buy. Though Novanty will work on your behalf, Novanty is decentralized and not offering any managerial stewardship to the Buyer or the Business.
   12. You further agree that certain decisions regarding the Group-Buy including, but not limited to, determining when to consider a Group-Buy in default, when and why to cancel a Group-Buy, etc. Can be made solely by Part Distribution LLC, (DBA Novanty). You agree to be bound by this decision.
   13. Involvement – You agree to be involved in the sales/marketing process for the inventory you buy and/ or the respective Business if requested.
   14. Cancellation – In the event that a Group-Buy you purchased into is cancelled during the Open Buy period, you understand that you will receive your money back without profit. You further understand that it is at complete and full discretion of Part Distribution LLC, (DBA Novanty) as to when to consider a Group-Buy cancelled.
   15. Default – In the event that a Business does not purchase all of your inventory as obligated, you understand that the decision on what to do with your inventory is solely up to you. You further understand that there may be additional costs associated with whatever your decision is. You further understand that the decisions made available to you may differ from Group-Buy to Group-Buy. You also understand that due to certain circumstances, your inventory may become unrecoverable and considered a total loss. You further understand that it is at complete and full discretion of Part Distribution LLC, (DBA Novanty) as to when and how to take action after a Group-Buy is in default.
   16. Employees of Businesses, family members of employees of Businesses, or equity investors in of Businesses are allowed to buy inventory in their related Group-Buy’s. Part Distribution LLC, (DBA Novanty) does reserve the right however to rescind this allowance and any rights granted in full or in part at any time without warning. You further agree that Employees of Businesses, family members of Employees of Businesses or equity investors in of Businesses are prohibited from conspiring to default in order to obtain a better unit price for the Business than the Sell-Price.
   17. Sell – You agree to empower Part Distribution LLC, (DBA Novanty) as your agent in order to collect the payment from the Business or other Buyers for your inventory and distribute the revenue to Buyers of the Group-Buy in the order we see fit. You understand that you may be the first to sell your inventory, or you may be the last. That decision is solely up to Part Distribution LLC, (DBA Novanty).
   18. Part Distribution LLC, (DBA Novanty) reserves the right to buy inventory from Buyer’s at any time for their Sell-Price as a Buyer. This purchase can use profit raised to date from that Group-Buy.
   19. The Part Distribution LLC, (DBA Novanty) team estimates the value of inventory from cancelled or defaulted Group-Buys from time to time. These valuations are provided for reference and are only estimates not actual values, promised amounts, or claimed losses. These values may change from time to time as the cancellation progresses with each Group-Buy and new information arises. All valuations are only estimates and Part Distribution LLC, (DBA Novanty) takes no responsibility for the accuracy of any valuations given. You should not rely on the values given for any accounting, tax, or legal purposes.
   20. Buyers understand that they are responsible for consulting with their own tax professional to assure they are considering all tax obligations involved in buying, owning and selling their inventory. Including any resulting profits or losses.
   21. Buyers are responsible for paying for the cost of their inventory and any Associated Costs of owning the inventory. The Buy-Price paid will include these costs up to the end of the Time-Period. Any Associated Costs that accrue after the Time-Period if the Buyer still owns the inventory will be billed to the Buyer. You understand that these costs will be deducted from your account as they accrue or as funds are available. You further understand that if these costs are not paid within 90 days, you are considered to be effectively abandoning your inventory and Novanty is granted the right to take over ownership of the inventory.
   22. Liquidation or Part Distribution LLC, (DBA Novanty) Sale Profits – If any Inventory you purchase, is seized and liquidated, or sold through any other means, Part Distribution LLC, (DBA Novanty) will provide you with payment from such sales up to the amount you would have been entitled to at the Sell-Price you had at the time of default. Part Distribution LLC, (DBA Novanty) reserves the right to apply any proceeds from any such sales to any and all costs related to the sale incurred by Part Distribution LLC, (DBA Novanty) first before providing the remainder of the proceeds to Buyers. You agree to allow Part Distribution LLC, (DBA Novanty) to retain any proceeds from the sale of Group-Buy Inventory exceeding the maximum amount you would have received if the Group-Buy succeeded in order to help defray Part Distribution LLC’s (DBA Novanty) added administrative costs relating to Group-Buy termination and sale of Inventory.
   23. Buyer Platform Fees – You understand that though Part Distribution LLC, (DBA Novanty) itself does not charge a fee to Buyers, other service providers such as payment disbursement services or other banking services often do. You further understand that any third-party fee will be deducted from your revenue as per their fee structure and Terms of Service Agreements.
   24. Business Platform Fees – There are two different fees charged to Businesses.
       1. Application Fee: Businesses may be charged a small administrative fee to cover administrative costs associated with considering their application to use the Novanty platform. This fee is non-refundable.
       2. Business Fee: Upon the Business successfully purchasing inventory from a Buyer, a fee is charged if the Buyer voluntarily  adjusted their Sell-Price. This fee will be calculated as the Sell-Price minus the Adjusted Sell Price.
   25. Automatic Purchase Triggers – You understand that if you adjust your Sell-Price down, there may be Automatic Purchase Triggers in place to purchase your inventory immediately, in which will not allow for changing your mind. Do not even temporarily adjust your Sell-Price down unless you are sure you are comfortable and able to afford selling your inventory at that price.
   26. One User Account Per Individual – Each individual shall only be allowed one Part Distribution LLC, (DBA Novanty) Buyer Account. Should Part Distribution LLC, (DBA Novanty) become aware of any individual with more than one account, Part Distribution LLC, (DBA Novanty) reserves the right to consolidate that individual Buyer accounts into one Buyer Account and terminate one or more accounts.
   27. Buyer Account Balance – You authorize Part Distribution LLC, (DBA Novanty) to make adjustments to your account balance, from time to time, in order to ensure your balance accurately reflects the funds in your account, claims made, funds received, and refunds issued. You further acknowledge that, on rare occasions, such accounting adjustments could make your account balance negative and you authorize Part Distribution LLC, (DBA Novanty) to make such adjustments regardless.
   28. Part Distribution LLC, (DBA Novanty) reserves the right, without providing compensation, to cancel, rescind, or otherwise dishonor any bonuses or credits given to or received by you if such bonuses or credits are not used or redeemed on the platform within thirty (30) days after the issuance of such bonuses or credits.
   29. Part Distribution LLC, (DBA Novanty) reserves the right, without warning or reason to close any Buyer account at any time. If a Buyer account is closed, any funds rightfully in that account will be paid out to the Buyer.

 

USER AGREEMENT
The following are terms of a legal agreement (the “Agreement”) between you and Part Distribution LLC, (DBA Novanty) that sets forth the terms and conditions for your use of this web site (the “Site”). The Site is owned and operated by Part Distribution LLC, (DBA Novanty). This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Part Distribution LLC, (DBA Novanty).
Part Distribution LLC, (DBA Novanty) reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Part Distribution LLC, (DBA Novanty) may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
The use of the Site is permitted only by humans. Any accounts registered by or utilizing “bots” or other automated methods will be disabled.

 

LIMITATIONS OF USE
The copyright in all material on this Site, including, without limitation, the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by Part Distribution LLC, (DBA Novanty) or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Part Distribution LLC, (DBA Novanty). You acknowledge that the Content is and shall remain the property of Part Distribution LLC, (DBA Novanty). You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Part Distribution LLC’s (DBA Novanty) prior written approval. You also may not, without Part Distribution LLC’s (DBA Novanty) express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Part Distribution LLC’s (DBA Novanty) systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Part Distribution LLC, (DBA Novanty) makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Part Distribution LLC, (DBA Novanty).
Members of the Part Distribution LLC, (DBA Novanty) community must be U.S. Residents that are eighteen (18) years of age or older. Individuals under the age of 18 or outside of the United States are not eligible to participate in the offerings on this website.

 

CONTENT AND USE RESTRICTIONS
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Part Distribution LLC, (DBA Novanty) member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a “Google® search” or other online research).
You agree to not to use the Site or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Part Distribution LLC, (DBA Novanty) member or other third party. In order to protect Part Distribution LLC, (DBA Novanty) members from such advertising or solicitation, Part Distribution LLC, (DBA Novanty) reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Part Distribution LLC, (DBA Novanty) deems appropriate in our sole discretion. Directly contacting more than ten (10) Part Distribution LLC, (DBA Novanty) members with a materially identical message within a 24-hour period is presumed to be spam and a violation of this Agreement.

 

TRADEMARKS
Part Distribution LLC, (DBA Novanty) (including the Part Distribution LLC, (DBA Novanty) logo), PartDistribution.com, Novanty.com and all related logos (collectively the “Part Distribution LLC, (DBA Novanty) trademarks”) are trademarks or service marks of Part Distribution LLC. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Part Distribution LLC, (DBA Novanty) or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Part Distribution LLC, (DBA Novanty) trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. Part Distribution LLC, (DBA Novanty) prohibits use of any of the Part Distribution LLC, (DBA Novanty) trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by Part Distribution LLC, (DBA Novanty) in advance. Any questions concerning any Part Distribution LLC, (DBA Novanty) Trademarks, or whether any mark or logo is a Part Distribution LLC, (DBA Novanty) Trademark, should be referred to info@PartDistribution.com.

 

LINKS TO THIRD-PARTY SITES
This site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). Part Distribution LLC, (DBA Novanty) cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Part Distribution LLC, (DBA Novanty) of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Part Distribution LLC, (DBA Novanty) and the third-party site may provide less security than this Site. Part Distribution LLC, (DBA Novanty) is not responsible for the content of any third-party web sites, nor does Part Distribution LLC, (DBA Novanty) make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Part Distribution LLC, (DBA Novanty) shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

 

CONSENT TO DOING BUSINESS ELECTRONICALLY
As part of your participation on the Part Distribution LLC, (DBA Novanty) platform, you may occasionally receive disclosures, notices, documents and information (“Communications”) from Part Distribution LLC, (DBA Novanty) or our respective agents (collectively, “we” or “us”). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically.

 

Electronic Communications. You agree that all Communications from us, and our respective agents relating to your use of the Part Distribution LLC, (DBA Novanty) platform may be provided or made available to you electronically by e-mail or at our website. If you consent, you still have the right to receive a free paper copy of any Communication by contacting us in the manner described below. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

 

Scope of Consent. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions through the Part Distribution LLC, (DBA Novanty) platform.

 

Hardware and Software Requirements. To access and retain the Communications electronically, you will need to use a computer with Internet Explorer 9.0 or above, Firefox 3.0 or above, or similar software, Adobe Acrobat and hardware capable of running this software. You acknowledge that you can access the electronic Communications in the designated formats described herein.

 

Mobile Technology. If you are accessing our site electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access our website through alternate means that provide you with the ability to print and save the Communications.

 

Withdrawing Consent. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward (1) you cannot place any further listings or contribute to any Group-Buys through the Part Distribution LLC, (DBA Novanty) platform and (2) any pending listings or financial contributions will automatically terminate and be removed from the Part Distribution LLC, (DBA Novanty) platform. The withdrawal of your consent will not affect the legal validity and enforceability of any pending financing obtained through the Part Distribution LLC, (DBA Novanty) platform, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. With respect to pending Group-Buys on which you are a contributor or contributee, we will send you any further Communications by mail or other non-electronic means.

 

Changes in Your Contact Information. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. You can contact us by email at info@PartDistribution.com or by writing to us at:
• Part Distribution LLC
• 12404 Chippewa Lane
• Burnsville, MN 55337
• USA

 

DISCLAIMER OF WARRANTIES
NONE OF PART DISTRIBUTION LLC, (DBA NOVANTY) ITS PARENT, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND THE PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. THE PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.

 

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. 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. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE PART DISTRIBUTION LLC, (DBA NOVANTY) PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

INDEMNIFICATION
You agree to indemnify and hold harmless Part Distribution LLC, (DBA Novanty) Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Part Distribution LLC, (DBA Novanty) Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Part Distribution LLC, (DBA Novanty) Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Part Distribution LLC,. You further agree to indemnify and hold harmless Part Distribution LLC, (DBA Novanty) Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.

 

MONITORING OF THE SITE
Part Distribution LLC, (DBA Novanty) has no obligation to monitor the Site; however, you acknowledge and agree that Part Distribution LLC, (DBA Novanty) has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

 

SUBMISSIONS TO THE SITE
All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Part Distribution LLC, (DBA Novanty) through this Site (collectively, “Submissions”) will be deemed and remain the property of Part Distribution LLC, and Part Distribution LLC, (DBA Novanty) is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Part Distribution LLC, (DBA Novanty) shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Part Distribution LLC, (DBA Novanty) or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Part Distribution LLC’s (DBA Novanty) responsibilities and obligations under its Privacy Policy.

 

USE OF PERSONALLY IDENTIFIABLE INFORMATION
Part Distribution LLC’s (DBA Novanty) practices and policies with respect to the collection and use of personally identifiable information are governed by Part Distribution LLC’s (DBA Novanty) Privacy Policy.

 

AVAILABILITY
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Part Distribution LLC, (DBA Novanty) to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.

 

TERMINATION
This Agreement is effective until terminated by Part Distribution LLC, (DBA Novanty). Part Distribution LLC, (DBA Novanty) may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Part Distribution LLC’s (DBA Novanty) absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

 

WAIVER
Failure by Part Distribution LLC, (DBA Novanty) to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

 

APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Minnesota without regard to its conflict of laws rules. You agree that you will notify Part Distribution LLC, (DBA Novanty) in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Part Distribution LLC, (DBA Novanty) a reasonable period of time to cure it at least thirty (30) BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Part Distribution LLC,.

 

OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into with Part Distribution LLC, (DBA Novanty).

 

ADDITIONAL TERMS
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

 

SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

 

GENERAL PROVISIONS
This Agreement supersedes any previous Terms of Use Agreement to which you and Part Distribution LLC, (DBA Novanty) may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

COPYRIGHT COMPLAINTS
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Part Distribution LLC’s (DBA Novanty) designated agent. Notification should include:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material you claim is infringing is located on the Site;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
For any questions regarding alleged copyright infringement, please email: info@PartDistribution.com.