TERMS AND CONDITIONS

HOLLANDER WEB SITE TERMS AND CONDITIONS OF USE

HOLLANDER, Inc. a Solera Company, (“HOLLANDER”) provides information and services on its HollanderParts.com World Wide Web site (the "Site") under the following terms and conditions (“Terms of Use”). By accessing and/or using the Site, you (a “User”) indicate your acceptance of these Terms of Use.

LAWS AND REGULATIONS

Access to, and use of the Site, are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.

CONTENT

When you give HOLLANDER content, you grant HOLLANDER a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. In the event User uses in any manner, the Parts (as defined below) listing, selling or buying features of the Site, additional terms and conditions apply as set forth below.

COPYRIGHT AND TRADEMARKS

The information available on or through the Site is the property of HOLLANDER, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Except as set forth below, Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for its own or any third party’s commercial or public purposes. Users may not use the trademarks, logos and service marks ("Marks") for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites on the World Wide Web without the written permission of HOLLANDER or such third party that may own the Mark.

TAMPERING

Other than content a Listing User (as defined below) uploads to its ”Seller Profile” page, or Parts listings (as defined below), User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in HOLLANDER's website. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.

THIRD PARTY INFORMATION

Although HOLLANDER monitors the information on the Site, some information is supplied by independent third parties. While HOLLANDER makes every effort to supervise the accuracy of information on the Site, HOLLANDER makes no warranty as to the accuracy of any such information.

LINKS TO THIRD PARTY SITES

This Site contains links that will let you access other websites that are not under the control of HOLLANDER. The links are only provided as a convenience and HOLLANDER does not endorse any of these sites. HOLLANDER assumes no responsibility or liability for any material that may be accessed on other websites reached through this Site or on any Seller Profile page, nor does HOLLANDER make any representation regarding the quality of any Part, product or service contained at any such site or the accuracy of any information or listing presented therein.

LINKS FROM THIRD PARTY SITES

HOLLANDER prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. HOLLANDER reserves the right to disable any unauthorized links or frames. HOLLANDER has no responsibility or liability for any material on other websites that may contain links to this Site.

NO WARRANTIES

Information, including Parts listings, functions and documents provided on this Site are provided or hosted by HOLLANDER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOLLANDER uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. HOLLANDER periodically adds, changes, improves, or updates the information and documents on this Site without notice. HOLLANDER assumes no liability or responsibility for any errors or omissions in the content of this Site. User’s use of this Site is at its own risk. Users acknowledge that HOLLANDER is not an auctioneer or seller of Parts, and the Site is available to Users to offer to sell and buy Parts between themselves. HOLLANDER is not involved in any transaction between Users. HOLLANDER has no control over, nor does HOLLANDER guarantee the quality, safety, existence, title to or function of any Part listed for sale or the User’s ability or motivations of Users to complete transactions or return Parts.

ACCESS AND INTERFERENCE

HOLLANDER’S Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to HOLLANDER by its Users or third parties. User agrees that it will not use any robot, spider, scraper or other automated means to access the Site for any purpose without HOLLANDER’S express hand written permission. Additionally, User agrees that it will not: • take any action that imposes or may impose (in HOLLANDER’S sole discretion) an unreasonable or disproportionately large load on HOLLANDER’S infrastructure; • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior express written permission of HOLLANDER and the appropriate third party, as applicable; • interfere or attempt to interfere with the proper working of the Site, services, Parts listings or tools, or any activities conducted on or with the Site, services or tools; or • bypass HOLLANDER’S robot exclusion headers or other measures HOLLANDER may use to prevent or restrict access to the Site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HOLLANDER BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, ANY USER OR OTHERS, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE, THE USE, INABILITY TO USE, DEFECTS OR OTHER ISSUES RELATED TO PARTS PURCHASED THROUGH THE SITE, THE OUTCOME OF ANY TRANSACTION BETWEEN USERS OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF HOLLANDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

Users shall indemnify and hold harmless HOLLANDER against any liability, claim, loss, damage or expense, of every nature and kind in law or equity, related to, arising out of or in connection with (i) User’s breach of any of its obligations set forth herein; (ii) any use, misuse or misappropriation of any information obtained from the Site in breach of any of User’s covenants, obligations or representations herein; (iii) any failure of User to comply with any applicable laws or regulations regarding use of the Site, listings or transactions contemplated herein; and (iv) sales, exchanges, transfers or use of Parts by or on behalf of any User or third party.

PRIVACY

Protecting the privacy of our clients and Users of our Site is important to HOLLANDER. The HOLLANDER Web Site Privacy Policy describes how HOLLANDER uses and protects information Users provide to us. Please review HOLLANDER’S Privacy Policy as it also governs User’s use of the Site.

SECURITY

The security of information transmitted through the Internet can never be guaranteed. HOLLANDER is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. In order to protect Users and their data, HOLLANDER may suspend a User’s use of the Site, without notice, pending an investigation, if any breach of security is suspected.

TRANSMISSION OF PERSONAL DATA

User acknowledges and agrees that by providing HOLLANDER with any personal information through the Site, User consents to the transmission of such personal User information over international borders as necessary for processing in accordance with HOLLANDER's standard business practices and the HOLLANDER Privacy Policy.

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 access to such areas is prohibited and may lead to criminal prosecution.

TERMS APPLICABLE TO PARTS LISTINGS, LISTING USERS AND BUYING USERS OF ALTERNATIVE AUTOMOTIVE PARTS ON HOLLANDERPARTS.COM

In the event User utilizes the Parts listing, buying and selling features of this Site, the following terms and conditions apply.  

            Product Information .  The User must provide accurate and complete details regarding any and all Parts the User lists (a “Listing User”) for sale on or through the Site. Listing User may either merely list Parts for sale, or may choose to utilize the eCommerce functions of the Site to complete a sale of Parts.  Listing User must specify the condition of any item.  Listing User acknowledges that HOLLANDER is providing access to the Site to User for the purpose of selling only alternative automotive parts (“Parts”).   HOLLANDER reserves the right to remove any items, that are not Parts, that Listing Users place for sale on the Site.

            Communication.  HollanderParts.com contains features to facilitate communication between Listing Users and buying Users (“Buying Users”), including phone, SMS messaging and email.   All Users, by using HollanderParts.com, agree to the use of their contact information for purposes consistent with the purposes of the Site.  Listing Users are encouraged to promptly reply to any questions from Buying Users during the buying and delivery process.  All communications between Users are to be professional.   HOLLANDER reserves the right to terminate User access to communications through the Site that it determines to be inappropriate, profane or offensive.   Hollander reserves the right to contact Buying Users to solicit feedback regarding the Site and their overall experience with it.

            Parts Listing Content .   Listing Users are fully responsible for their listings and for ensuring that Parts listings are accurate, do not include misleading information, and comply with these Terms of Use and all HOLLANDER policies.    Buying Users are expected to complete purchases of Parts that such Users make.  Additionally, regarding Listing Users who upload information about Parts for sale, to the Site, HOLLANDER prefers that such Users enter a grade for Parts, in accordance with the Automotive Recycler’s Association (ARA) standards.   

 

Listing User agrees and will not:  fail to deliver Parts purchased by a Buying User, unless the Buying User fails to meet the posted terms, or Listing User cannot authenticate the buyer’s identity; manipulate the price of any Part (e.g. Listing Users may not list Parts at unreasonably low prices, and charge over market shipping rates to reduce or avoid fees owed to HOLLANDER and/or PayPal) or interfere with other Users’ listings; post false, inaccurate, misleading, defamatory, or libelous content; transfer a User’s HOLLANDER  credentials to another party without notice to, and consent of, HOLLANDER; collect information about other Users without their consent; distribute or post spam, viruses or other things that may harm HOLLANDER or other Users; or copy, modify or transfer content other than User’s from the Site.

            Parts Images and Grading .   HOLLANDER strongly recommends that Listing Users include images/photos of the actual, detailed Parts it lists for sale.   HOLLANDER does not offer and discourages use of stock Part images in listings.  Additionally, HOLLANDER strongly recommends, that Listing Users include Part grades per Section Parts Listing Content above. HOLLANDER will honor Powerlink assigned Part grades based on actual, available data inputs provided by Listing User.    Listing Users may refer to the Hollander Online Training Center for information about minimum recommended standards for Parts images/photos. 

            Shipping. Listing Users will always offer Buying Users the option to pick up purchased Parts at Listing User’s business location.    Listing User must list all Parts with a shipping fee that, in no event, exceeds an amount deemed fair to a reasonable person and/or represents Parts industry standard practices.  Listing User may provide additional shipping options (in addition to the lowest fee option, such as flat rate or free shipping) consistent with industry standards for on-line retailers and/or the Parts industry.   Listing Users, by agreeing to these Terms of Use, agree to ship items to Buying Users within five (5) business days of the date of purchase, regardless of whether or not PayPal has released payment to the Listing User, if the transaction is managed through the PayPal option.  Listing Users will include order specific details on appropriate packing slip materials, that also reflect selling price, insurance, shipping charges, if any, and applicable taxes.  Listing User packing and shipping materials will be appropriate and professional, reflecting positively on the Automotive Recycling Industry. 

            Applicable Taxes .  The Site includes a tax calculation tool for all sales.  It is the Listing Users’ responsibility to collect and remit applicable taxes for Parts sales as appropriate.  HOLLANDER accepts no responsibility for the payment, collection or remission of taxes on any transaction. 

            Buyer satisfaction, returns, delivery errors and disputes .  Buying Users may return and Listing Users will accept return of purchased Parts within forty-five (45) days of the purchase date as long as such Parts are in the same condition as when shipped by Listing User.  Buying Users must contact Listing Users directly to return purchases.   Listing Users will honor this return policy and must adhere to these terms.  HOLLANDER assumes no responsibility for Parts or returns and Buying Users must work exclusively with Listing Users regarding returned items. Listing Users are solely responsible to Buying Users for refunds.  Additionally, Listing Users are solely responsible for delivery of Parts to Buying Users. In the event of damage to Parts from condition or grade represented in Listing Users’ listing for such Part, or delivery failure to Buying Users, Listing Users shall refund Buying Users or otherwise resolve such claim.  Buying Users must contact Listing Users directly regarding any claims or disputes regarding a transaction.  All Users are encouraged to resolve claims and disputes within seven (7) business days.  If unsuccessful, Listing Users are instructed to submit to HOLLANDER at “Admin@HollanderParts.com”, the following items:  proof of delivery of the Part(s) in dispute; HollanderParts.com order number; and complete description of the Part(s) in dispute. 

            Fees. In the event a Buying User pays for an order through the Site’s PayPal interface, the Users are subject to PayPal’s terms and conditions and responsible for all fees associated with their PayPal account.  Additionally, in consideration of Listing User’s use of the Site, Listing User shall pay to HOLLANDER, by deduction by HOLLANDER from the sales proceeds, a success fee equal to 4.0% of the selling price  of the Parts sold  (not including shipping charges or applicable taxes), plus a transaction fee charge of $0.30. HOLLANDER reserves the right to terminate the account of any User engaging in any activities or behavior designed to reduce, eliminate or wrongly affect fees due PayPal and HOLLANDER pursuant to the terms of this Agreement.

            Listing User Ratings .    Each time a Buying User purchases a Part, the Buying User may provide an overall rating for Listing Users on a scale of one to five, with one representing  Very Poor and five representing Excellent.  HOLLANDER reserves the right to post the overall average rating for Listing Users on the Listing Users’ profile pages and on individual Parts listing pages.  Again, Buying Users and Listing Users are encouraged to discuss and resolve between themselves, any concerns or issues relating to a transaction. Ratings become part of a Listing User’s permanent record on HollanderParts.com.    Ratings should be fair, factual and related to the specific Parts purchase.  In the future, HOLLANDER may provide the capability to capture detailed rating narratives. Additionally, HOLLANDER reserves the right to utilize ratings as part of its search ordering prioritization of Listing Users’ Parts listings. 

             Compliance with Laws. All Users of HollanderParts.com are responsible for their own compliance with all applicable laws, including export laws, relating to their use of the Site and the transactions contemplated herein.  HOLLANDER accepts no responsibility for a User’s failure to comply with applicable law. All Users of the Site will indemnify and hold harmless HOLLANDER from any and all claims by third parties or other Users, arising out of or related to User’s use of the Site in contravention of applicable law or the Terms and Conditions of Use of the Site.    

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In HOLLANDER’S sole discretion, it may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. HOLLANDER’S failure to act with respect to a breach by User or others doesn't waive HOLLANDER’S right to act with respect to subsequent or similar breaches. HOLLANDER does not guarantee it will take action against all breaches of this Agreement. HOLLANDER may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by HOLLANDER and a User. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature. This Agreement sets forth the entire understanding and agreement between HOLLANDER and Users with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Parts Listing Content, No Warranties, Limitation of Liability, Transmission of Personal Data Indemnity and Disputes.

DISPUTES

Any dispute or claim relating in any way to a User’s use of a Site or regarding any Parts sold or purchased through the Site will be resolved by binding arbitration, rather than in court [except that you may assert claims in small claims court if your claims qualify]. The Federal Arbitration Act and federal arbitration law apply to such disputes. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. All Users and HOLLANDER agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Users and HOLLANDER each waive any right to a jury trial.


Effective 01 15 13 (07 29 2013 update)
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