The online catalog is to be used as a reference guide. And does not reflect the availability or stocking status of the items. Due to monthly manufacturer updates, They will occasionally discontinue or suppercede a part number, thus effecting a price change or availability. In such cases, you will be notified via email or phone before any charges will occur.
If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Parts On a Dime’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Parts On a Dime Service or consume any Content. In order to use the Parts On a Dime Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Parts On a Dime is true, accurate, and complete, and you agree to keep it that way at all times. If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions: Country Age Requirements Chile, Ecuador, Paraguay, Peru Must be 18 or older, or be 15 or older and have parent or guardian consent. Brazil Must be 18 or older, or be 16 or older and have parent or guardian consent.
Nicaragua, Taiwan Must be 20 or older, or be 13 or older and have parent or guardian consent. Bulgaria, Hungary, Germany Must be 18 or older, or be 14 or older and have parent or guardian consent. Italy Must be 13 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 13 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you). Malaysia Must be 18 or older, or if 13 to 18, parent or guardian consent is required, and guardian enters into agreement. Lithuania Must be 13 or older to use Service. For Paid Subscriptions, you must be 18 or older, or be 14 or older with parent or guardian consent. If you are 13 to 18, guardian enters into agreement. Canada Must be 13 or older to use Service. For Paid Subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent. Spain Must be 14 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 14 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you). 2 Changes to the Agreements Occasionally we may, in our discretion, make changes to the Agreements.
When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through email at email@example.com 3 Enjoying Parts On a Dime Here’s some information about all the ways you can enjoy Parts On a Dime. 3.1 Our Services & Paid Subscriptions Parts On a Dime provides streaming services offering a selection of music and other content. Certain Parts On a Dime services are provided to you free-of-charge. Other Parts On a Dime services require payment before you can access them.
The Parts On a Dime services that may be accessed after payment are currently referred to as the “Premium Service” and the “Unlimited Service” (together, the “Paid Subscriptions”). The Parts On a Dime service that does not require payment is currently referred to as the “Free Service”. The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.
If you reside in Turkey, your access to the Free Service may be limited to a fixed amount of listening hours per month. 3.2 Codes and other pre-paid offers If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Parts On a Dime for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. 3.3 Trials From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Parts On a Dime reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR Parts On a Dime ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR Parts On a Dime ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR Parts On a Dime ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR Parts On a Dime ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, Parts On a Dime WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. 4 Rights we grant you The Parts On a Dime Service and the Content are the property of Parts On a Dime or Parts On a Dime's licensors. We grant you a limited, non-exclusive, revocable license to make use of the Parts On a Dime Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Parts On a Dime.
You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Parts On a Dime Service or the Content. The Parts On a Dime software applications and the Content are licensed, not sold, to you, and Parts On a Dime and its licensors retain ownership of all copies of the Parts On a Dime software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Parts On a Dime trademarks, service marks, trade names, logos, domain names, and any other features of the Parts On a Dime brand (“Parts On a Dime Brand Features”) are the sole property of Parts On a Dime or its licensors. The Agreements do not grant you any rights to use any Parts On a Dime Brand Features whether for commercial or non-commercial use. You agree to abide by our User guidelines and not to use the Parts On a Dime Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Parts On a Dime grants no right, title, or interest to you in the Parts On a Dime Service or Content. Third party software (for example, open source software libraries) included in the Parts On a Dime Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website. 5 Third Party Applications The Parts On a Dime Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Parts On a Dime does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications. 6 User-Generated Content Parts On a Dime users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Parts On a Dime Support Community as well as any other part of the Parts On a Dime Service.
You promise that, with respect to any User Content you post on Parts On a Dime, (1) you have the right to post such User Content, and (2) such User Content, or its use by Parts On a Dime as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Parts On a Dime or any artist, band, label, entity or individual without express written consent from such individual or entity. Parts On a Dime may, but has no obligation to, monitor, review, or edit User Content. In all cases, Parts On a Dime reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Parts On a Dime’s sole discretion, violates the Agreements. Parts On a Dime may take these actions without prior notification to you or any third party.
Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. Parts On a Dime is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Parts On a Dime RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Parts On a Dime HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM. 7 Rights you grant us In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Parts On a Dime Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Parts On a Dime Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Parts On a Dime (e.g. podcasts) may contain advertising as part of the Content. In such cases, Parts On a Dime will make such Content available to you unmodified. If you provide feedback, ideas or suggestions to Parts On a Dime in connection with the Parts On a Dime Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Parts On a Dime to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content. You grant Parts On a Dime a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. 8 User guidelines Parts On a Dime respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Parts On a Dime stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever: • copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Parts On a Dime Service or the Content, or otherwise making any use of the Parts On a Dime Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Parts On a Dime Service or the Content or any part of it; • using the Parts On a Dime Service to import or copy any local files you do not have the legal right to import or copy in this way; • transferring copies of cached Content from an authorized Device to any other Device via any means; • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Parts On a Dime Service, Content or any part thereof unless permitted by applicable law; • circumventing any technology used by Parts On a Dime, its licensors, or any third party to protect the Content or the Service; • selling, renting, sublicensing or leasing of any part of the Parts On a Dime Service or the Content; • circumventing any territorial restrictions applied by Parts On a Dime or it licensors; • artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Parts On a Dime Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content); • providing your password to any other person or using any other person’s username and password; • “crawling” the Parts On a Dime Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Parts On a Dime; or • selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist. Please respect Parts On a Dime, the owners of the Content, and other users of the Parts On a Dime Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that: • is offensive, abusive, defamatory, pornographic, threatening, or obscene; • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Parts On a Dime or a third party; • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data; • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; • is intended to or does harass or bully other users; • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; • uses automated means to artificially promote content; • involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Parts On a Dime inbox; • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Parts On a Dime; • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Parts On a Dime; • interferes with or in any way disrupts the Parts On a Dime Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Parts On a Dime’s computer systems, network, usage rules, or any of Parts On a Dime’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or • conflicts with the Agreements, as determined by Parts On a Dime. You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Parts On a Dime account. You also agree that Parts On a Dime may also reclaim your username for any reason. Please be thoughtful about how you use the Parts On a Dime Service and what you share.
The Parts On a Dime Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Parts On a Dime or across the web, so please use Parts On a Dime carefully and be mindful of your account settings. Parts On a Dime has no responsibility for your choices to post material on the Service. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service.
If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible. 9 Infringement and reporting User Content Parts On a Dime respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Parts On a Dime’s copyright policy. If Parts On a Dime is notified by a copyright holder that any Content infringes a copyright, Parts On a Dime may in its absolute discretion take actions without prior notification to the provider of that Content.
If the provider believes that the content is not infringing, the provider may submit a counter-notification to Parts On a Dime with a request to restore the removed content. If you believe that any Content does not comply with the User guidelines, please fill let us know at firstname.lastname@example.org 10 Service limitations and modifications Parts On a Dime will make reasonable efforts to keep the Parts On a Dime Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Parts On a Dime reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Parts On a Dime Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Parts On a Dime Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Parts On a Dime permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Parts On a Dime will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Parts On a Dime has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
This section will be enforced to the extent permissible by applicable law. Parts On a Dime and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law. 11 Brand Accounts If you establish a Parts On a Dime account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable. If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements. 11.1 Following The Brand may only follow users who first follow the Brand; and the Brand may not take any action that implies an endorsement or relationship between the Brand and the followed user, unless the Brand has independently obtained the rights to imply such an endorsement. Upon Parts On a Dime’s request, in its sole discretion, a Brand must cease following a user. 11.2 Listening The Brand may not stream media. 11.3 Messaging The Brand may only send messages to users who first send messages to the Brand. 11.4 Brand Playlists and Sharing The Brand may not create or share any Parts On a Dime playlists, whether within the Parts On a Dime Service or elsewhere, that imply an endorsement or relationship between the Brand and any artist or any other party, unless the Brand has independently obtained the rights to imply such an endorsement. 12 Parts On a Dime Support Community The Parts On a Dime Support Community is a place for discussions and exchange of information, tips, and other materials related to the Parts On a Dime Service. In order to use the Parts On a Dime Support Community, you must (1) have an existing Parts On a Dime account; and (2) authenticate your Parts On a Dime account for use on the Support Community (a “Parts On a Dime Support Account”).
Instructions for creating a Parts On a Dime Support Account can be found on the Community registration page. In addition to the Agreements, you also agree to adhere to the Parts On a Dime Support Community Guidelines that you will be presented with upon registration (the “Support Community Guidelines”) when using the Parts On a Dime Support Community. If you do not agree to the Agreements or the Support Community Guidelines, you may not use the Parts On a Dime Support Community. 12.1 Parts On a Dime Support Accounts By creating a Parts On a Dime Support Account, you confirm that any registration information that you submit to Parts On a Dime is true, accurate, and complete and that you will update such information in order to keep it current. It is strictly prohibited to include information in your profile that suggests that you are a Parts On a Dime employee or moderator or to otherwise pose as such an employee or moderator when using the Parts On a Dime Support Community. You also acknowledge and agree that Parts On a Dime may remove or reclaim your username at any time if Parts On a Dime in its absolute discretion considers such action appropriate. 12.2 No official support No User Content or other content posted by Parts On a Dime employees, moderators and/or representatives on the Parts On a Dime Support Community should be construed as official support provided by Parts On a Dime. For details regarding official support, see the section Customer Support.
Any content provided or made available to you on the Parts On a Dime Support Community by Parts On a Dime employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind. You acknowledge that opinions expressed in User Content on the Parts On a Dime Support Community are those of contributors of such User Content only and do not reflect the opinions or policies of Parts On a Dime or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors. 12.3 Reward Program The Parts On a Dime Support Community features a reward system whereby Parts On a Dime, in its sole discretion, may reward users based on the amount of “Kudos” received or quality of responses by a user. You agree to only give Kudos to other users (and not to yourself) and only when deserved, and to refrain from any attempts to manipulate the reward system, e.g., by creating multiple accounts or artificial responses. You acknowledge that Parts On a Dime’s decision in respect of any reward shall be final and binding. 13 Customer support For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website.
We will use reasonable endeavor’s to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries. 14 Export control Parts On a Dime’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Parts On a Dime under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
This export control clause shall survive termination or cancellation of the Agreements. 15 Payments, cancellations, and cooling off Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Parts On a Dime Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Parts On a Dime Premium immediately.
If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Parts On a Dime at any time during the Cooling-off Period. Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Parts On a Dime (or to a third party through whom you purchased the Paid Subscription, such as a telephone company) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period.
The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Parts On a Dime during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must at email@example.com
Parts On a Dime may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Parts On a Dime Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Parts On a Dime Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. 16 Term and termination The Agreements will continue to apply to you until terminated by either you or Parts On a Dime. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Parts On a Dime may terminate the Agreements or suspend your access to the Parts On a Dime Service at any time, including in the event of your actual or suspected unauthorized use of the Parts On a Dime Service and/or Content, or non-compliance with the Agreements.
If you or Parts On a Dime terminate the Agreements, or if Parts On a Dime suspends your access to the Parts On a Dime Service, you agree that Parts On a Dime shall have no liability or responsibility to you and Parts On a Dime will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Parts On a Dime account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time. Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination. 17 Warranty and disclaimer WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE Parts On a Dime SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Parts On a Dime SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Parts On a Dime AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Parts On a Dime NOR ANY OWNER OF CONTENT WARRANTS THAT THE Parts On a Dime SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Parts On a Dime MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Parts On a Dime SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT Parts On a Dime IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE Parts On a Dime SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Parts On a Dime SHALL CREATE ANY WARRANTY ON BEHALF OF Parts On a Dime IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. 18 Limitation YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Parts On a Dime SERVICE IS TO UNINSTALL ANY Parts On a Dime SOFTWARE AND TO STOP USING THE Parts On a Dime SERVICE. WHILE Parts On a Dime ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Parts On a Dime, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Parts On a Dime, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE Parts On a Dime SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Parts On a Dime HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Parts On a Dime SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Parts On a Dime DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. Nothing in the Agreements removes or limits Parts On a Dime’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. 19 Third party rights You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Parts On a Dime, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Parts On a Dime only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service.
Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. 20 Entire agreement Other than as stated in this section or as explicitly agreed upon in writing between you and Parts On a Dime, the Agreements constitute all the terms and conditions agreed upon between you and Parts On a Dime and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that other aspects of your use of the Parts On a Dime Service may be governed by additional agreements. That could include, for example, access to the Parts On a Dime Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail. 21 Severability and waiver Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Parts On a Dime or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Parts On a Dime’s or the applicable third party beneficiary’s right to do so. 22 Assignment Parts On a Dime may assign the Agreements or any part of them, and Parts On a Dime may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party. 23 Indemnification To the fullest extent permitted by applicable law, you agree to indemnify and hold Parts On a Dime harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Parts On a Dime Service; and (4) your violation of any law or the rights of a third party. 24 Choice of law, mandatory arbitration and venue 24.1 Governing Law / Jurisdiction Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles. Further, you and Parts On a Dime agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.) Country Choice of Law Jurisdiction Poland, Italy Laws of Sweden Exclusive; Courts of Local Country Turkey Laws of Sweden Non-exclusive; Courts and other tribunals in the Republic of Turkey Brazil Laws of Brazil Exclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil Canada Laws of the Province of Ontario Exclusive; Courts of Ontario, Canada United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay State of California, United States Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY Estonia, Hong Kong, Latvia, Lithuania Laws of Sweden Non-exclusive; Courts of Sweden Spain Laws of Spain Exclusive; Courts of the consumer’s current domicile in Spain.
All remaining countries Laws of Sweden Exclusive; Courts of Sweden Parts On a Dime does not accept any codes of conduct as mandatory in connection with the services provided under this agreement. 24.2 CLASS ACTION WAIVER WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Parts On a Dime AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Parts On a Dime agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. 24.3 ARBITRATION If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 24.3. is enforceable, the following mandatory arbitration provisions apply to you: 24.3.1 Dispute resolution and arbitration You and Parts On a Dime agree that any dispute, claim, or controversy between you and Parts On a Dime arising in connection with or relating in any way to these Agreements or to your relationship with Parts On a Dime as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements. 24.3.2 Exceptions Notwithstanding clause (24.3.1) above, you and Parts On a Dime both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, (2) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims. 24.3.3 Arbitration rules Either you or we may start arbitration proceedings. If you are located in, are based in, have offices in, or do business in the United States, any arbitration between you and Parts On a Dime will be finally settled under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by the Agreements.
You and Parts On a Dime agree that these Agreements affect interstate commerce, so the U.S. Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Parts On a Dime can also help put you in touch with the AAA. Any arbitration hearings will take place at a location to be agreed upon in Miami, Florida provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by Parts On a Dime. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Parts On a Dime for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and Parts On a Dime will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Developer Terms, and will be administered by the International Court of Arbitration of the ICC. Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles. 24.3.4 Time for filing Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. 24.3.5 Notice; Process A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Parts On a Dime's address for Notice is: Parts On a Dime, Attn: General Counsel, 175 SW 7th Street, Suite 1900, Miami, Florida 33130, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand").
We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Parts On a Dime may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Parts On a Dime shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Parts On a Dime shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Parts On a Dime in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
Except as required to enforce the arbitrator’s decision and award, neither you nor Parts On a Dime shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator. 24.3.6 Modifications In the event that Parts On a Dime makes any future change to this arbitration provision (other than a change to Parts On a Dime's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Parts On a Dime's address for Notice, in which case your account with Parts On a Dime shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive. 24.3.7 Enforceability If the class action waiver at Section 24.2 is found to be unenforceable in arbitration or if the entirety of this Section 24 is found to be unenforceable, then the entirety of this Section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising out of or related to the Agreements. 25 Contact us If you have any questions concerning the Parts On a Dime Service or the Agreements, please contact Parts On a Dime customer service by visiting the About Us section of our website.
If you are a Florida resident, you may have the Agreements mailed to you electronically by sending a letter to Parts On a Dime, Attn: General Counsel, 848 BRICKELL AVE PH 5 MIAMI, FL 33131 - 3180 USA with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service. Thank you for reading our Terms. We hope you enjoy Parts On a Dime! Contracting entity: Parts On a Dime, Inc. 175 SW 7th Street, Suite 1900, Miami, Florida 33130, USA © Parts On a Dime, Inc Mall Advertising
We Aggressively Prosecute Credit Card Fraud:
We take fraud seriously. It is a crime to purchase products using a false or stolen credit card, or false or stolen credit card numbers. Further, it is a crime to misuse the charge back process to obtain a refund for goods that you obtained fraudulently. Whether you are the victim, or the perpetrator of fraud, be assured that we will actively pursue and prosecute fraud offenders to the fullest extent of the law. We submit all fraudulent orders, as well as the IP address used to perpetrate the fraud, to the United States Federal Bureau of Investigation (FBI) for prosecution to the fullest extent of the law. In addition, we will work with cardholders, credit card companies, and local authorities to pursue fraud offenders.
Fraud offenders not only take advantage of online merchants and consumers, but they also abuse the system the Internet community relies on for its normal operation. This abuse will continue the trend of merchants either refusing to sell products to those with free email services, mail drops, or different ship-to addresses, or completely refusing to sell their products online.