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User Access Terms of Use for Parts for Trucks Express (Online Store)

            THIS DATA ACCESS AND USE AGREEMENT ("Terms of Use") is made and entered into by and between Parts for Trucks, Inc., on its own behalf and on behalf of its affiliates and other third parties as provided for in these Terms of Use (individually and collectively referred to herein as "Company", “PFT” and “We”), and the individual, company or other customer of Company agreeing to the terms and conditions of these Terms of Use ("Customer", “You”, and “Your”) as of the date of Customer's entry into these Terms of Use (the "Effective Date"), whether evidenced by an execution of these Terms of Use, electronic execution of these Terms of Use, or online consent to the terms hereof ("Consent").

  1. Access to Information. By accessing and using the confidential database information of the Company ("Parts for Trucks Inc."), You accept, without limitation or qualification, these Terms of Use, and acknowledge that any other Terms of Uses between You and PFT are superseded with respect to this subject matter. Information contained in partsfortrucks.com is for information purposes only. partsfortrucks.com and the information (including changes to the terms herein) may be changed or updated from time to time without notice. The Company provides certain products and services to its customers (the "Services"). These Terms of Use represents the Terms of Use of the Customer that the Services are made available to You in partial consideration and exchange for access to
  2. Confidential Information. "Confidential Information" means:
    partsfortrucks.com, its documentation and these Terms and Conditions; information you learn from accessing partsfortrucks.com including, without limitation all pricing and availability information, and financial information; and any non-public technical or business information of PFT, including without limitation any information relating to techniques, algorithms, know-how, current and future products and services, research, engineering, designs, financial information, procurement requirements, manufacturing, customer lists, business forecasts, marketing plans and information..
  3. Permitted Uses. Use of partsfortrucks.com is provided solely and exclusively for the internal use of the Customer. All information provided to You is confidential and intended for Your use only. By agreeing to these Terms of Use, You acknowledge the confidential and proprietary nature of the Confidential Information and agree to not reveal or disclose any Confidential Information for any purpose to any other person, firm, corporation or other entity other than Your employees with a definable and legitimate need to know the Confidential Information to perform their employment responsibilities. You may not sell, transfer, assign, publish, distribute, disseminate, allow any third party access to, or otherwise convey to any third party Your right to access or use partsfortrucks.com. PFT has the right to temporarily or permanently limit or bar Your access to partsfortrucks.com for any noncompliance with PFT policies and practices. To the extent it is available, you may access partsfortrucks.com for the following purposes: pricing and availability queries, accessing billing and account information; to search inventory; and to place an order for delivery. Any use of partsfortrucks.com not described in this section, is strictly prohibited. You will safeguard and protect the Confidential Information from theft, piracy or unauthorized access using a reasonable standard of care or using the same measures You use to protect Your own confidential and proprietary information, whichever standard is higher.
  4. Trademarks, Copyrights and Other Intellectual Property Rights. All content included or available on partsfortrucks.com, including the design, code, text, graphics, interfaces, and the selection and arrangements thereof is owned or licensed by PFT with all rights reserved. No portion of partsfortrucks.com, including but not limited to the content, information, text, or images, may be used in any manner, or for any purpose, without PFT’s prior written permission, except if indicated herein. All material and information found in partsfortrucks.com is protected under the copyright and trademark laws of Canada and other applicable jurisdictions. Any use of partsfortrucks.com, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, for purposes other than those expressly permitted in these Terms of Use, is strictly prohibited.
  5. Motor Information Systems (“MOTOR”). We allow access to information we have licensed from MOTOR Information Systems (the “MOTOR Information”) and by accessing such information, you agree to comply with the following terms and conditions:
    1. a) License Grant. MOTOR hereby grants to you a nontransferable, non-exclusive, limited license to access and Use the MOTOR Information contained within the Product on a vehicle-by-vehicle look-up basis.
    2. b) Restrictions on Use of MOTOR Information. You agree that you shall not, and shall not permit any third party, to directly or indirectly (i) alter or copy in any form or medium all or any part of the MOTOR Information (except for data located on an individual vehicle by vehicle, lookup basis), nor make any MOTOR Information part of any electronic retrieval system; (ii) create any derivative work from, or adaptation of, the MOTOR Information; (iii) lease, license, sell, or otherwise publish, communicate ,distribute or display to any third party in any form or medium all or any part of the MOTOR Information; (iv) create any publications, in electronic, printed or other format, based in whole or in part on data from the MOTOR Information, alone or in combination with any other data; (v) download the MOTOR Information (other than the data obtained on a vehicle-by-vehicle look-up basis) or transmit the MOTOR Information or documentation; or (vii) reverse engineer, reverse assemble, or reverse compile the MOTOR Information.
    3. c) Ownership/Confidentiality. You agree that the MOTOR Information is the confidential information of MOTOR, and that MOTOR owns or is the subscriber of all rights in the MOTOR Information, including without limitation all copyright and other proprietary rights. You agree to keep confidential and use your best efforts to prevent and protect the MOTOR Information from unauthorized disclosure or Use.
  6. Use of Cookies. PFT may use "cookies" to collect information and track user patterns on its website and partsfortrucks.com. A cookie is a small text file containing a unique identification number that identifies your browser (not you) to our website each time you visit. Cookies allow PFT to assess which pages of our website are visited and by how many people. Although the PFT website may assign a cookie to your computer, unless you specifically advise us, we will not know who you are. Cookies cannot be used by themselves to determine the individual identity of any visitor to our website and PFT does not combine information gathered by a cookie with personally identifiable information such as your name, telephone number or email address without your consent. Most websites use cookies and most internet browsers are set up to accept them, but if you would prefer, you can reset your browser settings to notify you when you have been assigned a cookie or to not accept cookies. If you refuse to accept cookies, you may not be able to use some of the features available on our site.
  7. Disclaimer of Warranties. USE OF PARTSFORTRUCKS.COM IS AT YOUR SOLE RISK. NEITHER PFT NOR ITS AFFILIATES WARRANT THAT USE OF OR ACCESS TO PARTSFORTRUCKS.COM WILL BE UNINTERRUPTED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PFT AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (A) THAT USE OR ACCESS TO PARTSFORTRUCKS.COM WILL BE UNINTERRUPTED, OR (B) REGARDING THE ACCURACY OF ANY INFORMATION OR DATA AVAILABLE ON PARTSFORTRUCKS.COM.
  8. Liability. In no event shall PFT or any of its employees, officers, directors, shareholders, agents or representatives be liable for any damages whatsoever (including, without limitation, direct, indirect, incidental, special, or consequential damages or damages for loss of data or profit, loss of business information or due to business interruption,) arising out of the content on partsfortrucks.com or the access or use of or inability to access or use partsfortrucks.com, however caused and on any theory of liability, even if PFT or any of its employees, officers, directors, shareholders, agents or representatives has been notified orally or in writing of the possibility of such damage. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
  9. Indemnity. You agree to defend, indemnify, and hold harmless PFT, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of partsfortrucks.com, or (ii) Your breach of these Terms or Use. PFT shall provide notice to You promptly of any such claim, suit, or proceeding.
  10. User Names and Passwords. partsfortrucks.com contains confidential, proprietary or sensitive information. If You use partsfortrucks.com, you are entirely responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and you accept responsibility for all activities that occur under your username or password.
  11. Term and Termination. These Terms of Use will remain in full force and effect following the time when You first access partsfortrucks.com. These Terms of Use shall automatically terminate if You violate any terms in these Terms of Use and may be terminated by PFT at any time. Upon termination of these Terms of Use, You must destroy any downloaded content in Your possession whether in electronic or printed format.
  12. Non-assignment. You shall not assign these Terms of Use or any rights or obligations hereunder, directly or indirectly, by operation of law, merger, acquisition of stock or assets, or otherwise, without the prior written consent of PFT. Subject to the foregoing, these Terms of Use shall inure to the benefit of and be binding upon You and Your respective successors and permitted assigns.
  13. Survival. Any term of these Terms of Use whose terms or context requires survival shall survive termination, expiration or assignment of these Terms of Use.
  14. Governing Law. These Terms of Use, and any claim, dispute, action, or issue arising out of or related thereto, shall be governed by and construed under the laws of the Province of Nova Scotia, Canada without reference to conflict of laws principles. All such disputes shall be subject to the exclusive jurisdiction of the courts located in Nova Scotia, Canada, and You agree and submit to the personal and exclusive jurisdiction and venue of these courts.