Terms and Conditions
1. ACCEPTANCE OF TERMS
By clicking “I Accept” you are subject to the following Terms of Service ("TOS"), which may be updated by CollisionSync, LLC. (“CS LLC”) from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.pbepro.com/tos.aspx.
2. DESCRIPTION OF SERVICE
CS LLC provides a Membership based Information Website. This Information includes but is not limited to Technical Data Sheets (“TDS”), Material Safety Data Sheets (“MSDS”), and Product Parts Breakdowns along with Product Descriptions, Specifications and other information. The information located on the website is to the best of our knowledge accurate. CS LLC and its partners, affiliates, and subsidiaries assume no responsibility for the accuracy of the information located anywhere on this website, or its partners’, affiliates’, and subsidiaries’ websites if you travel outside of www.pbepro.com. If any errors are discovered, please notify CS LLC immediately at firstname.lastname@example.org so CS LLC may correct them.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges) for which you are responsible. In addition, you must provide all equipment and services necessary for you to access the Service.
Monthly memberships are billed every thirty (30) days, yearly memberships are billed every three hundred and sixty-five (365) days. CS LLC will send you a notice of your membership’s renewal option within thrity (30) days of the end of your membership.
CS LLC will not automatically renew any subscription.
4. YOUR OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current, or CS LLC has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, CS LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur during or as a result of the use of your password and account.
You agree to:
(a) immediately notify CS LLC of any unauthorized use of your password or account or any other breach of security, and
(b) use your Member ID for access to the Service by under the following terms:
- Manufacturers and Warehouse Distributors may only use one (1) Member ID per employee or consultant.
- Jobber Distributors may use one (1) Member ID per store with two employee’s or less.
Stores with more than two employee’s must have a Member ID for each employee or salesperson.
Multi-location distributors must have at least one Member ID per location.
CS LLC tracks use of Service using, among other things, IP Address to determine compliance with this requirement. If this policy is breached, your account may be suspended or terminated with no refund. CS LLC cannot and will not be liable for any loss or damage, including consequential damages, arising from your failure to comply with this Section
You agree to indemnify and hold CS LLC and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Content available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, including consequential damages and lost profits.
You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Service). Any attempt to do so is a violation of the rights of CS LLC and its licensors of the Service.
You agree that nothing contained in these TOS give you any ownership, claim, license or other interest in any data, trademarks, trade names, service marks, copyrights, patents, trade secrets and/or other intellectual property rights or other property rights of CS LLC, and you agree to never assert or claim any such interest.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CS LLC shall not be responsible or liable for any loss, damage, injury, death of any sort, or consequential damage incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. DISCLAIMER OF WARRANTIES
- EXCLUSION OF WARRANTIES: NOTHING IN THESE TERMS EXCLUDES OR LIMITS CS LLC’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN CLIENT’S JURISDICTION WILL APPLY TO CLIENT AND TRADEMOTION’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOLUTIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CS LLC, CS LLC’S REPRESENTATIVE, OR THROUGH OR FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
- CS LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- CS LLC makes no warranties or representations as to increased business, favorable public reaction and/or positive response to any services provided.
- CS LLC is not liable to you or any third party for any losses or damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the content, errors, or omissions in the Service, including without limitation vehicle part data, part pricing, and tax computation.
- CS LLC acknowledges and you agree that delays or interruption of service may occur due to but not limited to errors, network outages, and server down times.
- You acknowledge that the Service is not intended or suitable for use in situations or environments where the failure of, or errors or inaccuracies in the content, data or information provided by CS LLC could lead to death, personal injury, or severe physical or environmental damage.
CS LLC’s obligation to perform hereunder will be excused without liability or responsibility when prevented by strike, act of God, governmental action, accident, third party intervention or mischief (e.g. hacking or virus attack) or any other condition or occurrence beyond its reasonable control.
The TOS constitutes the entire agreement between you and CS LLC and governs your use of the Service, superceding any prior agreements between you and CS LLC. You will be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and CS LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and CS LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of CollisionSync, LLC. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.