We welcome you to the PartWorks website, partworks.com (the “Website”). The Website is operated by PartWorks,LLC. (“PartWorks”, “we”, or “us”), located at 6100 Emmanuel Dr., SW, Atlanta, GA 30336.
Unless otherwise indicated, the Website and Services together with their design, text, content, and other matters related to the Website and Services (“Content”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, and all rights therein are the property of PartWorks, or third parties who have granted us permission to use their content. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, reverse engineered, displayed, posted or transmitted in any form or by any means, without our express prior written permission. We grant you permission to lawfully access and use the Website to upload models, display, download, and archive and print, portions of the Website on a temporary basis for your individual use, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Trademarks and Service Marks
All PartWorks’ logos, product names, page headers, custom graphics, button icons, trademarks, service marks and logos appearing on the Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of PartWorks (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
You represent and warrant that you own or have the right to submit the design, drawing, model or prototype (“Model”) to PartWorks (whether submitted through the Website or otherwise) for the purpose of obtaining Services. Accordingly, you represent and warrant that any Model submitted to PartWorks does not infringe the intellectual property rights of any third party, and that you have the right to create reproductions and derivative works of the Model. You hereby grant PartWorks a non-exclusive, transferable license to copy, modify, and use each Model that you submit through the Website solely for the purpose of providing the Services you have requested. In the event that you modify contact information related to a Model, you further agree that you: a) areauthorized or have authorized a person to modify contact information; b) have accurately entered all such contact information; c) you are solely responsible for the consequences of any errors in the entry of contact information; and d) you are solely responsible for all use of theWebsite by anyone you designate to have access to such Models, including any changes made to Models.
You represent and warrant that you own or have the right to provide any part (“Part”) to PartWorks for the purpose of obtaining PartWorks’ reproduction services. Accordingly, you represent and warrant that any Part provided to PartWorks does not infringe the intellectual property rights of any third party, and that you have the right to create reproductions and derivative works of the Part. You hereby grant PartWorks a non-exclusive, transferable license to scan, reverse engineer, copy, modify, and use a Model of any Part that you share with PartWorks solely for the purpose of providing the services you have requested.
PartWorks’ Right To Cease Performance
Upon receiving notice that a Model or Part submitted to PartWorks by you allegedly infringes a third party’s intellectual property rights, PartWorks may immediately cease the manufacture and/or delivery of any products related to the Model or Part and may cease any related services. The cessation of the manufacture or delivery of products on this basis shall not affect your financial obligations with respect to the products and payment therefor.
PAYMENT AND FEES
You agree to pay all fees and any other charges incurred by you (including any applicable taxes) for the Services you have requested through the Website in accordance with the quote and General Terms and Conditions (as applicable).
The Website may contain links to other websites maintained by PartWorks or unrelated third parties. A link to a third party’s website does not mean that we approve, endorse or accept any responsibility for that website, or the use of products and services available through such website. We do not make any representations, or give any warranties, expressed, implied, or otherwise about third party websites.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, INCLUDING ANY QUOTES,PRODUCTS, OR SERVICES YOU RECEIVE FROM THIS WEBSITE, WHICH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR USE OF THIS WEBSITE INCLUDING ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING WITHOUT LIMITATION ANY MODELS SUBMITTED BY YOU WHEN YOU REQUEST A QUOTE.
The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on the Website or any website with which they are linked.
EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARTWORKS AND ITS PARENT, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, SUCCESSORS AND ASSIGNS, HEREBY EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY
WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE AMOUNT OFFEES PAID TO PARTWORKS FOR THE SERVICES IN THE PREVIOUS 30 DAYS.
REPORT IP INFRINGEMENT
PartWorks respects the intellectual property rights of others. If you are a third party that believes a product being manufactured by PartWorks on behalf of a customer infringes your intellectual property rights, you may notify PartWorks by emailing or calling (470) 231-7278.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) with or without notice. We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.