Terms & Conditions


OVERVIEW

      Welcome to the E-Type Parts (the "Site"). E-Type Parts provides its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service (TOS) and the Privacy Policy.  We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way.

DESCRIPTION OF SERVICES

        In the Site, E-Type Parts provides users with access to sales of Jaguar parts online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

LICENSE AND SITE ACCESS

      E-Type Parts grants you a  limited license to access and make personal use of the Site and the Service.  This license does not include any downloading or copying of account information  for the benefit of another vendor or any other third party; caching,  unauthorized hypertext links to the Site and the framing of any Content  available through the Site uploading, posting, or transmitting any content that  you do not have a right to make available (such as the intellectual property of  another party); uploading, posting, or transmitting any material that contains  software viruses or any other computer code, files or programs designed to  interrupt, destroy or limit the functionality of any computer software or  hardware or telecommunications equipment; any action that imposes or may impose  (in E-Type Parts sole discretion) an unreasonable or  disproportionately large load on E-Type Parts infrastructure; or  any use of data mining, robots, or similar data gathering and extraction tools.  You may not bypass any measures used by E-Type Parts to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by E-Type Parts.

MEMBERSHIP ELIGIBILITY

      The E-Type Parts Service is not available to minors under the age of 18 or to any users suspended or removed from the system by E-Type Parts Online for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your E-Type Parts account  to another party. If you do not qualify, you may not use the E-Type Parts Service or the Site.

DISCLAIMER OF WARRANTY

        ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY  OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE  IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE,  TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

E-Type Parts DOES NOT ENDORSE  AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION,  ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN E-Type Parts Online , (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE  CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED  SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE  CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL E-Type Parts BE  LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION  OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT  OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

LIMITATION OF LIABILITY

      YOU EXPRESSLY UNDERSTAND AND AGREE THAT  E-Type Parts AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,  AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,  INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,  BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER  INTANGIBLE LOSSES, RESULTING FROM USE OF THE SITE, CONTENT OR ANY  RELATED SERVICES.

INDEMNITY

      You agree to indemnify and hold E-Type Parts (and its officers, directors, agents, subsidiaries, joint  ventures, and employees) harmless from any claim or demand, including  reasonable solicitor/attorneys’ fees, or arising out of or related to your breach of this  TOS, or your violation of any law or the rights of a third party.

ELECTRONIC COMMUNICATION

      When you use the Site or send emails to E-Type Parts, you are communicating with E-Type Parts electronically. You consent to receive communications electronically from E-Type Parts and its Site Affiliates (as defined in the Privacy Policy). E-Type Parts will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

SITE-PROVIDED EMAIL AND POSTINGS

        In time, the Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. E-Type Parts is under no obligation to review any messages, information or content ("Postings") posted on  the Site by users and assumes no responsibility or liability relating to any  such Postings. Notwithstanding the above, E-Type Parts may from time  to time monitor the Postings on the Site and may decline to accept and/or  remove any email or Postings. You understand and agree not to use any  functionality provided by the Site to post content or initiate communications  that contain:

(i) Any unlawful, harmful, threatening,  abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially,  ethnically or otherwise objectionable material of any kind, including, but not  limited to, any material which encourages conduct that would constitute a  criminal offense, give rise to civil liability or otherwise violate any  applicable local, state, national or international law.

(ii) Advertisements or solicitations of any kind.

(iii) Impersonate others or provide any kind of false information.

(iv) Personal information such as  messages which state phone numbers, social security numbers, account numbers,  addresses, or employer references.

(v) Messages by non-spokesperson employees of E-Type Parts purporting to speak on behalf of E-Type Parts or containing confidential information or expressing opinions concerning E-Type Parts.

(vi) Messages that offer unauthorized downloads of any copyrighted or private information.

(vii) Multiple messages placed within individual folders by the same user restating the same point.

(viii) Chain letters of any kind.

(ix) Identical (or substantially similar)  messages to multiple recipients advertising any product or service, expressing  a political or other similar message, or any other type of unsolicited  commercial message. This prohibition includes but is not limited to a) Using etypeparts.com  invitations to send messages to people who don’t know you or who are unlikely  to recognize you as a known contact; b) Using etypeparts.com to connect to  people who don’t know you and then sending unsolicited promotional messages to  those direct connections without their permission; and c) Sending messages to  distribution lists, newsgroup aliases, or group aliases.

LINKS

      The Site or third parties may provide links to other World Wide Web sites or resources. Because E-Type Parts has no control over such sites and resources, you acknowledge and agree  that E-Type Parts is not responsible for the availability of such  external sites or resources, and does not endorse and is not responsible or  liable for any content, advertising, products or other materials on or  available from such sites or resources. You further acknowledge and agree that E-Type Parts shall not be responsible or liable, directly or indirectly,  for any damage or loss caused or alleged to be caused by or in connection with  use of or reliance on any such content, goods or services available on or  through any such site or resource.

ACCESS TO PASSWORD PROTECTED / SECURE AREAS

      Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only.  Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

MODIFICATION AND NOTIFICATION OF CHANGES

        E-Type Parts reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If E-Type Parts makes a material modification to this TOS, it will notify you by:

(i) sending an email to the address  associated with your account. E-Type Parts is not responsible for  your failure to receive an email due to the actions of your ISP or any email  filtering service; therefore, you should add etypeparts.com to the list of  domains approved to send you email (commonly known as your "whitelist"); and

(ii) displaying a prominent  announcement above the text of this TOS or the Privacy Policy, as appropriate,  for thirty (30) days,

with (i) and (ii) being deemed  sufficient notification, of such changes.

After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line "Termination";  to the following email address: info@etypeparts.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

TRADEMARKS

      The trademarks, logos and service marks  ("Marks") displayed on the Site are the property of E-Type Parts and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of E-Type Parts or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from  modifying, copying, distributing, transmitting, displaying, publishing,  selling, licensing, creating derivative works or using any Content available on  or through the Site for commercial or public purposes.

PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

        E-Type Parts respects the  intellectual property of others, and we ask our users to do the same. E-Type Parts may, in appropriate circumstances and at its discretion,  disable and/or terminate the accounts of users who may be infringing the  intellectual property of a third party. If you believe that your work has been  copied in a way that constitutes copyright infringement, or your intellectual  property rights have been otherwise violated, please provide E-Type Parts Copyright Agent the following information:

        (i) an electronic or physical signature  of the person authorized to act on behalf of the owner of the copyright or  other intellectual property interest;

        (ii) a description of the copyrighted  work or other intellectual property that you claim has been infringed;

        (iii) a description of where the  material that you claim is infringing is located on the Site;

        (iv) your address, telephone number,  and email address;

        (v) a statement by you that you have a  good faith belief that the disputed use is not authorized by the copyright  owner, its agent, or the law;

        (vi) a statement by you, made under  penalty of perjury, that the above information in your notice is accurate and  that you are the copyright or intellectual property owner or authorized to act  on the copyright or intellectual property owner's behalf.

        E-Type Parts notice of claims of copyright or other intellectual property infringement can  be reached as follows:

        By phone: 0044 (0) 1482 480933

        By email: info@etypeparts.com

      E-Type Parts may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.

SURVIVAL OF TERMS AFTER AGREEMENT ENDS

      Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will  survive the expiration or termination of this TOS.

GENERAL

    If any of these conditions are deemed  invalid, void, or for any reason unenforceable, the parties agree that the  court should endeavor to give effect to the parties’ intentions as reflected in  the provision, and the unenforceable condition shall be deemed severable and  shall not affect the validity and enforceability of any remaining condition.  From time to time E-Type Parts may offer special promotional offers which may or may not apply to your E-Type Parts account. You agree to be bound by any additional terms and conditions for these special offers.  Headings are for reference purposes only and do not limit the scope or extent of such section. 

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