Welcome to parts66.com (the “Site”). This Site is provided and operated by Amdia Software, LLC (“Amdia”). This Site provides information about recreational vehicle (“RV”) products and offers products for sale (the “Products”) from RV dealers who are members of the ROUTE 66 RV Network (collectively, the “Dealers”). For clarification, any reference to “Affiliates” or “affiliates” throughout these Terms and Conditions shall not include the Dealers.
2. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
Except as otherwise set forth herein or agreed to between you and Amdia, these terms and conditions (“Terms and Conditions”) govern your use of the Site, and any Products purchased from the Site. By accessing and using the Site, you acknowledge that you have read and unconditionally agree to follow and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site.
3. REVISIONS TO TERMS AND CONDITIONS
Please refer to these Terms and Conditions regularly. Amdia reserves the right, at any time, to modify, amend, alter or update these Terms and Conditions without prior notice by updating this posting. Your continued use of the Site following posting of changes to these Terms and Conditions signifies that you agree to be bound by such modifications, amendments, alterations or updates.
4. USE OF SITE
All materials on the Site, including, without limitation, information, data, specifications, descriptions, images, graphics, trademarks, text, links, illustrations, designs, icons, photographs, HTML code, and written and other materials (collectively the “Content”) included on the Site are the property of Amdia, its affiliates or content providers of Amdia (including, without limitation, the Dealers), and are protected by copyright and trademark law. The Content is intended solely for your own personal, non-commercial use. You may download or copy the Content for your personal use only so long as you keep intact all copyright and proprietary notices. No right, title, or interest in the Content, downloaded materials, or software is transferred to you as a result of any downloading or copying of the Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of Amdia. It is strictly prohibited to modify, transmit, distribute, reuse, reverse engineer, repost, “frame,” or use the Content without written permission from an authorized representative of Amdia.
Amdia claims no proprietary rights to, or affiliation with, any third party trademarks or logo references appearing on the Site. You should not infer any affiliation, sponsorship, or endorsement from the use of third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their respective owners.
Amdia may, from time to time, provide links to other outside websites not associated with Amdia. Amdia has not reviewed and is not responsible for such linked websites or the content of any of the linked websites. Amdia provides these links as an additional resource for its Site users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, Amdia cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by, websites linked to from the Site.
Amdia has a contractual relationship to maintain the Site and accept payments for Products on behalf of each of the Dealers who offer Products for sale on the Site. The Dealers from whom you purchase a Product from on the Site, and not Amdia, are the seller of Products on the Site. Amdia does not own any of the Products and does not transfer legal ownership of Products, but merely maintains the Site under a contractual relationship with the Dealers. You have the option to pick up a Product purchased on the Site from a Dealer location, or to have the applicable Dealer ship a product to you. Amdia assumes no risk of loss or liability with regard to shipment of a Product to you.
The Dealers, and not Amdia, provide all information related to Products listed for sale on the website. Amdia is not responsible for examining or evaluating the content of Product listings, and Amdia assumes no responsibility or liability for the content of the Product listings of the Dealers (including any inaccuracies contained in such listings).
No agency relationship is created between you and Amdia by your use of the Site or your purchase of Products on the Site.
THE SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE AMDIA DESIRES THAT THE CONTENT AND INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS, OR RELIABILITY OF SUCH CONTENT AND INFORMATION. AMDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
5. USER SUBMITTED CONTENT
Except as otherwise provided elsewhere in these Term and Conditions or on the Site, anything that you submit or post to the Site and/or provide Amdia, including without limitation, ideas, know-how, techniques, questions, answers, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and Amdia and its affiliates shall have the royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form for any purpose including without limitation, developing, manufacturing, distributing and marketing products using such information, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Amdia and shall not be returned to you.
In addition to the rights applicable to any Submissions, when you post communications, comments, or reviews to the Site, you also grant Amdia and its affiliates the right to use the name that you submit with any communication, review, question, answer, or other content, if any, in connection with such review, question, answer, or other content, for any purpose, including without limitation, reproduction, transmission, publication, broadcast, and posting. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on the Site and that use of your Submissions by Amdia will not infringe upon or violate the rights, including intellectual property rights, of any third party.
You shall not use a false e-mail address or the email address of any other person or entity, pretend to be someone other than yourself, or otherwise mislead Amdia or third parties as to the origin of any Submissions. You agree to post content that is not illegal, obscene, threatening, defamatory, invasive of privacy, otherwise injurious to third parties or objectionable and political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Amdia may, in its sole discretion, but shall not be obligated to, remove or edit any Submissions (including reviews, questions, or answers).
Although Amdia may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Amdia is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Amdia will fully cooperate with any law enforcement authorities or court order requesting or directing Amdia to disclose the identity of anyone posting any such information or materials.
6. PAYMENT AND ORDER ACCEPTANCE
Prices for all Products are in United Statesdollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes imposed on your purchases (including, without limitation, sales and use taxes), whether or not they are listed on your receipt or statement. If you purchase Products, you agree to pay, using a valid credit card (or other form of payment that Amdia may accept from time to time), the applicable fees and taxes set forth in the offer that you accepted. Amdia reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees. Amdia reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Amdia may also require additional verifications or information before accepting any order. All authorized charges will be billed to your designated credit card account (or other payment method), on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Amdia for any reason, Amdia reserves the right to either suspend or terminate your access to the Site and/or the unpaid-for Products. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Products, and Amdia has no liability for any overdraft or other fees that you may incur as a result of Amdia processing your payment. Amdia will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, Amdia will issue a credit to your credit card in the amount of the charge.
7. PRODUCT AND SITE CONTENT DISCLAIMER
THE SITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED “AS IS.” AMDIA AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYERTEXT LINKS TO OTHER OUTSIDE WEBSITES. AMDIA AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES RELATED TO THE SITE AND THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MOREOVER, AMDIA DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. TERMS AND CONDITIONS DISCLAIMER
Although these Terms and Conditions have been prepared with the intent to provide reliable information, no warranty (express or implied) is made as to their accuracy or completeness and no liability is assumed by Amdia for loss or damage resulting from reliance on these Terms and Conditions. Amdia reserves the right to change these Terms and Conditions at any time without notice.
9. LIMITATION OF LIABILITY
YOU AGREE THAT AMDIA AND ITS predecessors, successors, parents, subsidiaries, affiliates, MEMBERS, MANAGERS, officers, employees, attorneys, representatives and agents SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT RESULT FROM (I) THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE SITE OR INFORMATION OR FUNCTIONS ON THE SITE, (II) THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE THE PRODUCTS, OR (III) defective or negligent manufacture, assembly or design of ANY OF the ProductS. IN NO EVENT WILL AMDIA AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER ARISING OUT OF CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR PURCHASING THE PRODUCTS.
10. CUSTOMER SERVICE, RETURNS
Amdia and the Dealers strive to provide excellent customer service. For any customer service related issues related to the operation and maintenance of the Site, placing an order or billing, please contact us at email@example.com. All requests for technical service, product support, or returns should be made directly to the Dealer from whom you purchased the Product (located on your invoice). Returned orders are subject to the return policy of the dealership the item was ordered from.
11. EXTERNAL SITES
This site may contain links to other sites that are owned and operated by third party vendors and others. You acknowledge that Amdia is not responsible for the availability, content, text, graphics, information, or any actions or damages from any external site. You must contact the site administrator for those sites if you have any concerns regarding those links.
12. TERMINATION OF ACCESS
In addition to any other legal or equitable remedies for misuse, Amdia may, without prior notice to you, immediately terminate this agreement or revoke any or all of your rights granted under this agreement. Upon any termination of this agreement, you shall immediately cease all access to and use of the Site and Amdia shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
13. ENTIRE AGREEMENT
These Terms and Conditions embody the entire agreement and understanding between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Any provision of these Terms and Conditions that, by its nature, is applicable to circumstances arising after the termination of these Terms and Conditions will survive such termination and remain in full force and effect, and no termination of these Terms and Conditions will relieve either party from any liability arising out of any breach of these Terms and Conditions occurring prior to said termination.
You agree to defend, indemnify, and hold harmless Amdia and its parents, subsidiaries, members, managers, officers, employees, agents, attorneys and affiliates from and against any and all claims, liabilities, damages, costs, penalties and expenses, including without limitation, attorneys’ fees, arising from or related to (i) your use of the Site, (ii) your use of the Products, and (iii) sales or use tax obligations, penalties and fees imposed upon Amdia or its members, managers, officers, employees, agents, attorneys and affiliates by a state or local governmental authority due to a sale of Product on the Site.
The remedy of Amdia at law for any actual or threatened breach of these Terms and Conditions would be inadequate and Amdia will be entitled to specific performance or injunctive relief, or both, in addition to any damages that Amdia is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of Amdia shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, attorneys’ fees, and expenses. No waiver by Amdia of its rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future, or other waiver.
18. APPLICABLE LAW AND VENUE
By visiting the Site, you agree that the laws of the State of Kansas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Amdia. You irrevocably and unconditionally consent and submit to the personal jurisdiction and venue of the State of Kansas District Courtfor Johnson County Kansas or the United States District Court for the District of Kansas with respect to any action to enforce these Terms and Conditions and the transactions contemplated hereby. You hereby expressly waive any and all personal rights under applicable law or in equity to object to the jurisdiction and venue of said courts.