Acknowledgments
Third Party Links
Code of Conduct
Intellectual Property
No Support
Errors and Omissions
Disclaimer of Warranties
Limitation of Liability
Indemnity
General Provisions

Welcome to the user agreement for the Parthunter Systems ("Parthunter") website, monitored by the Electronic Resellers Association International ("ERAI").

The following are the terms and conditions for use of the services ("Services") available at the domain www.parthunter.com (the "Site"). Please review this legal agreement ("Agreement") carefully. By clicking "I AGREE" below, you ("You" or "Your") agree to be bound by the terms and conditions of this Agreement. This Agreement is made between You and Parthunter and applies to all services offered at the Site. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CLICK "I AGREE" AND DO NOT REGISTER FOR THE SERVICES. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY PARTHUNTER, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON PARTHUNTER'S POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SITE.

Those entitled to use the Services shall be considered a "Member" for purposes of this Agreement.

Before You are eligible to use the Services, you must fill out a Membership Application and agree to pay the fees ("Fees") that are set out in Parthunter's fee schedule ("Fee Schedule"). This Fee Schedule is part of this Agreement and Parthunter reserves the right, at any time, to change any fees or charges for using the Services, which changes shall be effective upon their posting on the Site. Continued use of the Services shall constitute Your consent to any Fee changes.

Upon acceptance of Your Membership Application, Your membership account ("Account") will be activated and You will receive a Username and Password, both of which are non-transferable. In the event that You transfer your Username and/or Password, Your rights and the transferee's rights to use any of the Services shall be immediately terminated.

Acknowledgments. Subject in each case to the terms and conditions listed in the remainder of this Agreement, You hereby acknowledge and agree that:

1. The information You provide Parthunter shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (h) create liability for Parthunter or cause Parthunter to lose (in whole or in part) the services of its ISPs or other suppliers.

2. You will use the Services in a manner consistent with any and all applicable laws and regulations.

3. You shall abide by the Code of Conduct (as provided below) while using the Services.

4. You shall not violate or disclose to third parties, in whole or in part, any portion of the information, products, software or Services contained within the Site.

5. You are solely responsible for the content or information You transmit to others. You will not transmit to others any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), promotes illegal activities or misrepresents who You are.

6. Use of the Services will be subject to Fees as defined in the Fee Schedule. Fees are billed according to the Fee Schedule, which is subject to change at any time. Amounts paid to Parthunter are nonrefundable.

7. You shall pay Parthunter for all Fees incurred on time. Should You default on any payments, Parthunter reserves the right to take any and all actions necessary to collect the sums due and payable. You shall remain liable for any and all costs incurred by Parthunter in connection with its collection of payments from You, including, but not limited to, credit card chargeback fees, insufficient funds fees, collection agency fees, and attorneys' fees.

8. Notwithstanding any other rights, Parthunter may, in its complete and sole discretion, disable or terminate Your Account, in each case at any time with or without notice, for any reason, or no reason at all, including, but not limited to, Your failure to comply with the terms and conditions this Agreement or to pay Parthunter in a timely manner. There will be no refunds upon the termination of Your Account. Parthunter shall have no liability to You or any third party because of such termination or action.

9. Member information contained in the Site is the property of Parthunter and shall not be duplicated, distributed or sold.

10. Parthunter does not guarantee continuous, uninterrupted or secure access to its Services, and operation of the Site may be interfered with by numerous factors outside of Parthunter's control.

11. This Agreement is not a transfer or license of any Parthunter rights.

12. You and Parthunter are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

13. You agree to immediately notify Parthunter of any Member violating the terms and conditions of this Agreement.

This Agreement will remain in full force and effect while You use the Services and/or have an Account. You may terminate Your Account by calling our office at 239-261-6268. Upon termination, any Fees already paid will not be returned. Even after Your Account is terminated, this Agreement will remain in effect.

Third Party Links

Parthunter has provided numerous links to other websites that it believes may be beneficial to its Members ("Third Party Websites"). These Third Party Websites are in no way affiliated with Parthunter and Parthunter does not monitor the information contained therein. As such, Parthunter is not liable for and makes no guarantees regarding any information provided on such Third Party Websites. All Members shall use these Third Party Websites at their own risk and will not hold Parthunter liable for any damages sustained as a result of linking to any/all Third Party Websites.

Code of Conduct

1. You may not post or transmit any message under a false name.

2. You may not post or transmit any message which is libelous, defamatory, or which discloses information of a damaging or personal nature.

3. You may not knowingly post or transmit any copyrighted images or other similar legally protected information.

4. You may not knowingly post or transmit any information containing viruses, worms, Trojan horses, or other types of damaging data.

5. You are forbidden to post, offer or sell any item known to be defective, counterfeit or stolen.

6. You may not solicit Members to benefit the sale of any product or service other than electronic components.

7. If a Member requests to be removed from Your email and/or fax list(s) You agree to do so immediately upon said request.

8. Members posting Inventory on the Parthunter site agree to update Inventory information on a regular basis. Outdated and/or inaccurate inventory postings cause those using the Services to waste valuable time and money. Members found in violation of this code of conduct will have their right to post Inventory revoked.

9. Members knowingly selling "used" and/or "refurbished" product as "new" will have their right to post Inventory revoked.

10. Members are expected to be forthright with regards to the origin of any and all product being offered for sale. i.e. Members offering product as "in stock" when the product is in fact an "availability" may have their right to post inventory revoked if it is found the Member is being repetitively dishonest as to the actual location of the products being offered for sale per the Parthunter Same Day Shipping Agreement.

11. Members agree to conduct business in a legal, ethical and professional manner.

Intellectual Property

Parthunter solely and exclusively owns all intellectual property and other rights, title and interest in and to the Site and Services, including, but not limited to, the Parthunter name, logo(s), trademarks, Site content, and the look and feel of the Site and all other business materials, except as expressly provided for in this Agreement. All content located on or provided through the Site is the sole and exclusive property of Parthunter and is protected by United States Federal Copyright and Trademark law. Any unauthorized use of the trade secrets, proprietary information, copyrights, trademarks, patents, rights of publicity or privacy or any other personal or valuable information on the Site is strictly prohibited and may violate copyright, trademark, patent, and/or other federal or foreign laws.

No Support

Nothing in this Agreement shall obligate Parthunter to provide any support for the Site or Services. Parthunter may, but shall be under no obligation to, correct any defects in the Site or Services.

Errors and Omissions

The Site may contain errors and omissions. Parthunter assumes no liability for losses incurred in the use or application of the software or the data contained therein. Parthunter will not be responsible for typographical errors or errors and omissions. Parthunter will not be responsible for liability or losses incurred due to hardware failure or network outages for any of the Parthunter website hardware, content or customer provided data, including loss of member sales.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARTHUNTER PROVIDES THE SITE, SERVICES AND SUPPORT SERVICES (IF ANY) "AS IS AND WITH ALL FAULTS", AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF ABILITY TO ACHIEVE A PARTICULAR RESULT, OF DEFECT OR ERROR CORRECTION, OF ABILITY TO EXECUTE UNINTERRUPTED OR ERROR-FREE, OF COMPATIBILITY WITH ANY PARTICULAR PLATFORM, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SITE AND SERVICES AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE ENTIRE RISK AS TO THE USE, QUALITY OF OR PERFORMANCE OF THE SITE, SERVICES AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.

Specifically, and without limiting the foregoing, You acknowledge that Parthunter has not made any representations or warranties with respect to the Site or Services or the functionality thereof.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL PARTHUNTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENATIVES, THIRD PARTIES OR AFFILIATES ("PARTHUNTER PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY THEORY OF LIABILITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES OR SALES OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PARTHUNTER PARTIES, AND EVEN IF PARTHUNTER PARTIES HAVE BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES . THE LIABILITY OF PARTHUNTER PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100).

Indemnity

You hereby agree to indemnify, protect, defend and hold harmless Parthunter Parties from and against any and all claims, demands, causes of action, costs, losses and expenses (including without limitation, reasonable attorneys' fees) arising out of or relating to Your use of the Site and Services, including, but not limited to: (a) Your breach of this Agreement, (b) Your activities in connection with the use of the Site and Services, and/or (c) any allegation that any materials that You transmit violate the law or infringe or otherwise violate copyright, trademark, trade secret or other intellectual property or other rights of any third party.

General Provisions

1. This Agreement shall be governed in all respects by the laws of the State of Florida.

2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Parthunter's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

3. This Agreement sets forth the entire understanding and agreement between You and Parthunter with respect to the subject matter hereof.

4. If any legal action or any mediation, arbitration or other proceeding is commenced in connection with any claim or controversy between the parties arising out of or relating to this Agreement or the use of the Services, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding from the unsuccessful or non-prevailing party, in addition to any other relief to which it may be entitled.

5. The parties hereto agree to the exclusive jurisdiction and venue of the courts of the State of Florida, County of Collier, or the Middle District of Florida's federal courts.

BY CLICKING "I AGREE", YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, THAT YOU HAVE CAREFULLY READ AND CONSIDERED THE TERMS, COVENANTS, CONDITIONS AND NOTICES WHICH COMPRISE THIS AGREEMENT IN THEIR ENTIRETY, THAT YOU UNDERSTAND THEM AND THEIR SIGNIFICANCE AND THAT YOU ACCEPT THEM AND AGREE TO THEM, WITHOUT MODIFICATION.

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