PLEASE READ THIS AGREEMENT CAREFULLY AS IT REPRESENTS A LEGALLY BINDING AGREEMENT BETWEEN YOU, ON BEHALF OF YOURSELF AND THE ENTITY/INDIVIDUALS YOU REPRESENT, SUCH AS YOUR EMPLOYER, (COLLECTIVELY, “YOU”) AND FLIGHT SUPPORT CORPORATION AND ITS ASSOCIATES, COLLECTIVELY KNOWN AS “FSC.” UTILIZING ALL OR A PORTION OF THIS WEB SITE SIGNIFIES YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Listing and Bidding
Listing a relevant military related item for sale on the MILPARTS® Web Site constitutes a binding offer and may not be withdrawn or cancelled. Placing bids, and more specifically, the winning bid on such items constitutes acceptance of the offer to sale. All parties are responsible for performing their appropriate due diligence. Placing false or frivolous bids will not be tolerated and appropriate actions will be taken. We strongly advise you not to test the auction process with false bids.
Sales
FSC, and more specifically, the MILPARTS® Web Site, is an advertising venue for sellers to list and sell items, and for bidders to bid on and purchase items. We do this through both a fixed sale price and an auction format (although we are not auctioneers). FSC cannot guarantee that sellers will complete the sale of an item, or that buyers will go through with the purchase of an item; the individual buyers and sellers accept all risks.
Suspension and or Termination of Services
FSC may, at its own discretion, limit, suspend, or terminate listings and user accounts. We also reserve the right to terminate suspicious accounts or accounts that have been inactive for a period of time.
Abuse of Site
You are prohibited from violating or attempting to violate the security of this site, or otherwise abuse the site, without limitation by, but not limited to:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, flooding, spamming, mail bombing, or crashing.
- Sending unsolicited email to obtain user information from the site to do so.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of any portion of the site.
- Using or attempting to use any engine, software, tool, agent, or other device or mechanism to navigate the site, other than generally available and accepted web browsers.
- Collecting information about other users without their consent.
- Using the auction site if you are unable to enter into legally binding agreements/contracts.
Violations of system and network security may result in civil and criminal liability.
Intellectual Property
Intellectual property appearing on this site is the property of its lawful owner. You may not copy, modify, or distribute content from this site without the written consent of FSC.
Fees
You agree to pay all applicable fees associated with your use of this site. Fees paid to FSC are non-refundable. If payment is made by credit card, you waive any and all charge back rights you may have.
Disclaimer
You agree that the use of this site is taken at your own risk. The site and services, including all content, items, listings, functions, and information made available on or accessed through the site, are provided on an “as is” “as available” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, title, merchantability or fitness for a particular purpose. We do not warrant that the site or its functions will be timely, secure, uninterrupted or error free, or that defects will be corrected.
Limitations on Liability
To the fullest extent permitted by applicable law, none of FSC, its associates, or any of its officers, directors, employees, or agents (collectively FSC parties) shall be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use the site or services, or related to the information, content and functions thereof, whether generated by this site, by another user or by unauthorized access to the site, delays or disruption in our site, actions taken by third parties through our site, actions taken related to your account, or viruses or malware obtained by using our site or links on our site (including without limitation, loss of revenue or anticipated profits, lost business or lost sales, loss of goodwill or reputation, business interruption or loss of information) even if we or our authorized representative have been advised of the possibility of such damages. In any event, FSC’s aggregate liability will be limited to any fees paid by you to FSC for its services.
Governing Law
This Agreement is governed by, and shall be construed in accordance with the laws of the State of Alabama, United States of America, without regard to any law provision or conflicts which would result in application of the laws of another jurisdiction.
Indemnification
You shall indemnify, defend and hold all FSC parties harmless from and against any and all claims, loses, damages, liabilities, judgments, and fees and expenses related, thereto (including, without limitation, reasonable attorneys’ fees), incurred by a FSC party in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a party using your log-in: (i) any breach or violation of this Agreement, (ii) any use of the site, (iii) a dispute with another user, (iv), any violation of any applicable law or regulation governing your activities on or off the site, or (v) the infringement of any intellectual property or other right of any person or entity. We reserve the right at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
General Provisions
If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such part shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement. The remainder of the Agreement shall continue in full force and effect. The failure of either party to exercise or enforce any rights or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of services, which are either incorporated herein by specific reference or posted on this site from time to time, comprises the entire agreement between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the site).
Electronic Execution
Your electronic acceptance of this Agreement on the Web Site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such agreement. You also agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
Inclusiveness
This Agreement cannot address every possible issue which may arise from the use of the FSC auction Web Site. In the event an issue arises which is not specifically addressed in the Agreement, the intent and application of generally accepted business practices for similar business situations shall prevail.
Questions
If you have any questions regarding the terms of this Agreement or use of the FSC auction service, please email us at info@milparts.com
Acceptance
By checking the “I agree to the Terms & Conditions” box on the site registration page, you acknowledge that you have read, fully understand, and agree to be bound by the terms of this Agreement. Furthermore, you acknowledge you understand that this Agreement may be modified from time to time. If you represent an entity or organization, you represent and warrant that you are a duly authorized representative of the entity/organization you represent and that such entity/organization also intends to be legally bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT “ACCEPT” THIS AGREEMENT AND DO NOT USE THE FSC AUCTION WEB SITE.
