Background

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.partvend.com ("Our Site"). Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to sales or purchases made on Our Site. Please refer to Our Terms for Sellers or Terms for Buyers for more information.

Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
"Account" means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;
"Buyer" means a User who makes a purchase on Our Marketplace;
"Content" means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
"Marketplace" means Our platform for Buyers and Sellers on Our Site;
"Seller" means a User who sells on Our Marketplace;
"User" means a user of Our Site;
"User Content" means any Content added to Our Site by a User;
"We/Us/Our" means Partvend LLC, a limited company registered in Delaware, whose registered address is 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, and whose main trading address is 304 South Jones Boulevard #2335, Las Vegas, 89107, Nevada.

Information about us

2.1 Our Site is owned and operated by Partvend LLC.

2.2 Partvend is a marketplace for the sale of PC parts, peripherals and electronic devices. We allow users to buy and sell these items from a wide variety of locations across the United States of America at a wide variety of prices. The actual contract for sale is directly between the seller and the buyer. Partvend is not a traditional auctioneer.

2.3 Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational. It is your decision to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Partvend has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use, Our Terms for Buyers, and Our Terms for Sellers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is also subject to Our Terms for Sellers and Our Terms for Buyers. Please ensure that you have read them carefully and that you understand them.

Accounts

4.1 Certain parts of Our Site (including the ability to buy and sell through the Marketplace) require an Account in order to use them.

4.2 You may not create an Account if you are under 18 years of age or you are not able to form legally binding contracts.

4.3 Only individuals may create an account on Our Site. Businesses may not create an account on Our Site.

4.4 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date, by informing support@partvend.com of these changes.

4.5 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. All passwords should consist of at least 8 characters.

4.6 It is your responsibility to keep your password safe. You must not share your Account with anyone else or transfer your Partvend account to another party without our consent.

4.7 If you believe your Account is being used without your permission, please contact Us immediately at support@partvend.com. We will not be liable for any unauthorised use of your Account.

4.8 You must not use anyone else's Account.

4.9 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.

4.10 If you wish to delete your Account, you may do so at any time by emailing deleteaccount@partvend.com. If you delete your Account, We will remove your information from Our systems and will remove your User Content from Our Site, except your past orders and purchases. All currently listed items will be deleted. Your profile will cease to be visible to other users on Our Site. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.

4.11 If we believe you are abusing Partvend and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

4.12 If we believe you are violating any of Partvend's policies, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions of listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Partvend, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.

4.13 We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

Intellectual Property Rights and Use of Our Site

5.1 With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United States and international intellectual property laws and treaties.

5.2 Subject to sub-Clause[s] 5.3 [and 5.6], you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.

5.3 You may:
5.3.1 access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);
5.3.2 download Our Site (or any part of it) for caching;
5.3.3 print one copy of any pages from Our Site;
5.3.4 download extracts from pages on Our Site; and
5.3.5 save pages from Our Site for later and/or offline viewing.

5.4 The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

5.5 You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.

5.6 If you believe that your intellectual property rights have been infringed, please notify us at support@partvend.com and we will investigate.

6. User Content

6.1 User Content on Our Site includes (but is not limited to) images uploaded by users, product descriptions, comments and replies.

6.2 When using Our Site, you agree not to post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Partvend or the interests or property of users; interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.

6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.

6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5 You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an irrevocable, unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Site.

6.6 If you wish to remove User Content, you may do so by following the instructions provided at the page www.partvend.com/my-items-for-sale.php. We will use reasonable efforts to remove the User Content from Our Site. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7 We may reject, reclassify, or remove any User Content from Our Site where in violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.

7. Links to Our Site

7.1 You may link to Our Site provided that: 7.1.1 you do so in a fair and legal way;

7.1.2 you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;

7.1.3 you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.

7.2 You may link to any page on Our Site.

7.3 You may not link to Our Site from any other site where that site's main content (i.e. the site's primary purpose and content, not comments or similar from other users) contains material that:

7.3.1 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

7.3.2 promotes violence;

7.3.3 promotes or assists in any form of unlawful activity;

7.3.4 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

7.3.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.3.6 is calculated or is otherwise likely to deceive another person;

7.3.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person's privacy;

7.3.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.3.9 implies any form of affiliation with Us where none exists;

7.3.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

7.3.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Disclaimers and Legal Rights

9.1 Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only.

9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

9.4 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

10. Our Liability

10.1 Please note that the provisions of this Clause 10 are subject to Our Terms for Buyers at www.partvend.com/terms-for-buyers.php and Terms for Sellers at www.partvend.com/terms-for-sellers.php.

10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.

10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that my apply to Our Site or to any Content (including User Content) included on Our Site.

10.4 If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.5 We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 10.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.

10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.7 Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers' legal rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

11. Viruses, Malware, and Security

11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5, subject to sub-Clause 10.2.

11.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

12. Acceptable Usage Policy

12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

12.1.1 you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;

12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

12.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

12.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.1.5 you must not fail to pay for items purchased by you, unless you have a vaild reason as set out in Partvend's return policy.

12.1.6 you must not fail to deliver items sold by you, unless you have a valid reason as set out in Partvend's return policy.

12.1.7 you must not manipulate the price of any item or interfere with any other user's listings.

12.1.8 you must not take any action that may undermine the feedback or ratings system.

12.1.9 you must not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Site for any purpose, except with the prior express permission of Partvend.

12.1.10 you must not harvest or otherwise collect information or software associated with such application, except with the prior express permission of Partvend.

12.1.11 you must not circumvent any technical measures used to provide the Services.

12.2 When using Our Site, you must not communicate or otherwise do anything that:

12.2.1 is sexually explicit;

12.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

12.2.3 promotes violence;

12.2.4 promotes or assists in any form of unlawful activity;

12.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

12.2.7 is calculated or is otherwise likely to deceive;

12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy or otherwise uses their personal data in a way that you do not have a right to;

12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);

12.2.10 implies any form of affiliation with Us where none exists;

12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Further actions We may take include, but are not limited to:

12.3.1 removing your User Content from Our Site;

12.3.2 issuing you with a written warning;

12.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

12.3.4 further legal action against you as appropriate;

12.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

12.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.

12.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.

13. Privacy and Cookies

Use of Our Site is also governed by Our Privacy Policy, available from partvend.com/privacy-policy.php.

14. Communications from Us

14.1 If We have your contact details, We may send you important notices by email. Such notices will only relate to important matters including, but not limited to, service changes; notices about the status of your item for sale; notices about the delivery status of your item; notices confirming the sale of your item; notices confirming your purchase of an item; changes to these Terms of Use; Our Terms for Sellers, Terms for Buyers, Privacy Policy; and changes to your Account.

14.2 We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link.

15. Contacting Us

15.1 To contact Us, please email Us directly at support@partvend.com.

16. Changes to these Terms of Use

16.1 We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.

16.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

17. Law and Jurisdiction

17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of the State of Delaware in the United States of America.

17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the state of Delaware in the United States of America.

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