1. Introduction

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This User Agreement and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively "Services") set out the terms on which PartX LLC offers you access to and use of our Services. The Mobile Application Terms of Use, all policies, and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

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2. About PartX LLC

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PartX LLC is a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using a variety of pricing formats. PartX LLC is not a party to contracts for sale between third-party sellers and buyers, nor is PartX LLC a traditional auctioneer.

Any guidance PartX LLC provides as part of our Services, such as pricing, shipping, listing, condition, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, PartX LLC 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.

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3. Using PartX LLC

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In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;

• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;

• fail to pay for items purchased by you, unless you have a valid reason as set out in a PartX LLC policy, for example, where the seller has materially changed the item's description after you buy;

• fail to deliver items sold by you, unless you have a valid reason as set out in a PartX LLC policy;

• manipulate the price of any item or interfere with any other user's listings;

• take any action that may undermine the feedback or ratings systems;

• transfer your PartX LLC account (including feedback) and user ID to another party without our consent;

• share your log in credentials with any third parties. If you require that authorized third parties to (employees, agents, etc.) please contact us;

• create listings, post, or upload content in inappropriate categories or areas on our sites;

• engage in gambling;

• list items that you do not have authority to sell;

• post false, inaccurate, misleading, deceptive, defamatory, libelous, or illegal content;

• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

• distribute viruses or any other technologies that may harm PartX LLC or the interests or property of users;

• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of PartX LLC;

• circumvent any technical measures used to provide our Services;

• interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;

• export or re-export any PartX LLC application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;

• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to PartX LLC. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to PartX LLC or someone else;

• infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;

• commercialize any PartX LLC application or any information, data, or software associated with such application, except with the prior express permission of PartX LLC; or

• harvest or otherwise collect or use information about users without their consent.

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Sellers must meet PartX LLC's minimum performance standards. Failure to meet these standards may result in PartX LLC charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

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If we believe you are violating this User Agreement or any of our policies, or abusing PartX LLC 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. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.

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If we believe you are violating our policies prohibiting Offers to buy or sell outside of PartX LLC, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, if we believe you are violating our policy on buying or selling outside of PartX LLC, you may be charged final value fees.

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We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of 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.

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4. Policy Enforcement

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When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

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5. Fees and Taxes

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We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or storage Services for items in certain categories, we may also charge those buyers for such supplemental Services.

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The fees we charge sellers for using our Services to sell goods and services are listed on our Selling fees pages. We may change our selling fees from time to time by posting the changes on the PartX LLC site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

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If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of PartX LLC. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of PartX LLC, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of our Services for the introduction to a buyer.

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You as a seller must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or the PartX LLC Payments Entities (as defined below) may collect amounts owed. PartX LLC, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information PartX LLC reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at PartX LLC Inc. If you wish to dispute the information a collection agency reported to a credit bureau regarding your PartX LLC account, you must contact the collection agency directly.

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6. Listing Conditions

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When listing an item for sale on our Services, you agree to comply with PartX LLC's selling policies and also agree that:

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• You assume full responsibility for the item offered and the accuracy and content of the listing, including listing content created using tools offered by PartX LLC or third parties such as translation, image editing, and generative artificial intelligence tools,

• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). PartX LLC can't guarantee exact listing duration,

• Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or PartX LLC, in its sole discretion,

• The content you provide complies with all of our listing policies, including 

  • No sexual content;

  • No illegal or illicit content;

  • The content you provide must be yours;

  • Infringing content – Video, images or audio content that is used without permission from the respective rights owner is not allowed

  • Content that directs users off of partx.net;

  • publishing of any personally identifiable information;

• Content that violates any of PartX LLC's policies may be modified, obfuscated, or deleted at PartX LLC's sole discretion,

• We may revise product data associated with listings to supplement, remove, or correct information,

• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

  • buyer's location, search query, browsing site, and history;

  • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

  • seller's history, including listing practices, PartX LLC policy compliance, feedback, and defect rate; and

  • number of listings matching the buyer's query,

• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,

• Some advanced listing upgrades will only be visible on some of our Services,

• PartX LLC's may also affect whether your listing appears in search results,

• Metatags and URL links that are included in a listing may be removed or altered,

• We may provide you with optional information to consider when creating your listings. Such information may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. You agree that we may display the sales and performance history of your individual listings to other sellers,

• Artificial intelligence-based tools may be used to provide you with content; availability and accuracy of these tools and content are not guaranteed,

• For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, PartX LLC may require the use of certain payment methods.

• You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or if the product poses a health or safety hazard as specified by any governmental agency. PartX LLC has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using our Services,

• PartX LLC may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services, and tools of other PartX LLC Inc. corporate family members or cooperating third-party operators of websites, applications, services, and tools, and

• Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

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7. Purchase Conditions

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When buying an item using our Services, you agree to the and that:

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• You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy,

• You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received,

• If a performance issue arises, you will notify the seller and PartX LLC within 48 hours of receipt of the part/item/machine;

• We do not transfer legal ownership of items from the seller to you,

• Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

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8. International Buying and Selling

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At this time, international buying and selling of parts, machines, merchandise, and all other physical products is not supported, and therefore prohibited. This is subject to change and we will notify you 14 days in advance. 

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9. Content

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When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against PartX LLC, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.

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You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. PartX LLC takes no responsibility and assumes no liability for any content provided by you or any third party.

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We offer product data (including images, descriptions and specifications) that are provided by third parties (including PartX LLC users). You may use that content solely in your PartX LLC listings. PartX LLC may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

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We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that PartX LLC is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

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The names "PartX LLC", "PartX" and other PartX LLC marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of PartX LLC in the U.S. and other countries. They may not be used without the express written prior permission of PartX LLC.

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