Commercial Kitchen Privacy Policy Notice & Terms of Use

Privacy Policy

Last Updated: April 10, 2023

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1. Introduction

PLEASE READ THIS PRIVACY POLICY (“POLICY”) CAREFULLY TO UNDERSTAND HOW WE COLLECT, USE, AND TREAT YOUR PERSONAL INFORMATION THROUGH THE USE OF OUR WEBSITES, MOBILE APPLICATIONS, AND THROUGH EMAIL, TEXT, AND OTHER ELECTRONIC COMMUNICATIONS BETWEEN YOU AND PT INTERMEDIATE HOLDINGS IV, LLC, AS WELL AS YOUR CHOICES AND RIGHTS.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE WEBSITES, APPLICATIONS, OR COMMUNICATE THROUGH EMAIL, TEXT, OR OTHER ELECTRONIC COMMUNICATIONS.

PT Intermediate Holdings IV, LLC and its affiliates and subsidiaries (including the PT Intermediate Holdings IV, LLC subsidiaries in the USA and in Canada) (collectively, “Unlimited Service Group” or also referred to herein as “USG” or “we”) is committed to protecting the privacy and security of the information we collect, use, share, and otherwise process as part of our business.  We respect your privacy and are committed to protecting it through our compliance with this policy.  We also believe in transparency, and are committed to informing you about how we treat the information we collect and process.

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This Policy describes the types of information we may collect from you or that you may provide when you visit top-level domain websites (each, a “Website”, collectively the “Websites”), or as otherwise set forth herein, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

 This Policy applies to information we collect:

• on our Websites;
• through mobile applications you download from application stores (like Google Play® and the Apple App Store®) which provide dedicated non-browser-based interaction between you and our Websites (“Apps”);
• in email, text, and other electronic messages between you and our Websites (“Messaging”); and
• when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

This Policy does not apply to information collected by:

• USG offline or through any other means, including on any other website operated by USG or any third-party; or
• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites, Apps, or Messaging modalities. By accessing or using these Websites, Apps, or Messaging modalities you agree to this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of these Websites, Apps, and Messaging modalities after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

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Privacy Principles

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When processing personal information, USG will follow these principles in compliance with applicable law including, but not limited to, the EU General Data Protection Regulation 2016/79 (“GDPR”), the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”), the CCPA, CPRA, and State Privacy Laws (as those terms are more fully defined in this Policy, and other applicable data privacy and security laws:

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• USG endeavors to inform persons whose Personal Information USG collects, in accordance with applicable law, when those persons are first asked to provide personal information to USG, or as soon as practicable thereafter. This includes, as more fully set forth in this Policy, providing information about (i) the purposes for which USG collects and uses the Personal Information, (ii) the types of third parties to which USG discloses (or may disclose) that Personal Information, and (iii) the choices and means USG offers the subjects of the Personal Information for limiting the use and disclosure of their Personal Information.

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• Unless permitted by applicable law, no Personal Information is collected without first obtaining the appropriate consent of the individual for the collection, use and disclosure of that Personal Information, in accordance with applicable data privacy laws. In some circumstances the consent for USG to collect Personal Information may arise from the nature of the relationship between USG and the individual, or an individual’s interaction with USG, such as by using a USG website or engaging in a transaction with USG.

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• USG will collect your Personal Information only for specified and legitimate purposes as set forth in this Policy. The information we collect will be relevant, adequate and not excessive for the purposes for which it is collected.

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• USG will process your Personal Information in a manner consistent with the purposes for which it was originally collected or to which you have subsequently consented.

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• USG will take commercially reasonable steps to ensure that your Personal Information is reliable for its intended use, accurate, complete, and, where necessary, kept up to date.

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• USG will not use your Personal Information for direct marketing purposes without giving you an opportunity to “opt-out,” which is more fully described in this Policy.

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• USG will take appropriate measures, by contract or otherwise, to provide adequate protection for Personal Information that is disclosed to a third party or transferred to another country, including transfers within USG, as more fully set forth herein.

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• When you provide Personal Information to USG, or otherwise access or use the Websites, Apps, or Messaging modalities, you acknowledge that you have read this Policy and, where required under applicable law, consent to the collection, use and disclosure of your Personal Information in accordance with this Policy and other applicable USG policies. You may, as provided by applicable law, be free to refuse or withdraw your consent, as more fully described herein.

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• USG, and third parties on its behalf, as more fully set forth herein, use the Personal Information collected from you for purposes such as, but not limited to, user registration; administering and tracking a purchase, payment, return, warranty; arranging for services; inviting participation in online surveys; requesting feedback on products and services; and otherwise communicating with you through various channels.

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2. Data Controller, Data Protection Officer, and Representative

USG is the data controller of the Personal Data you provide on the Websites. USG has appointed a Data Protection Officer, as identified in Section 22 of this Policy.

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USG is the data controller of your Personal Data. USG has appointed a Data Protection Officer and a representative in the European Union in compliance with the General Data Protection Regulation. USG, its Data Protection Officer, or its representative may be contacted in any manner set forth below in the “Contact Information” Section of this Privacy Policy.

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3. Children Under the Age of 18

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Our Websites are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Websites. We will remove any information about a child under the age of 18 if we become aware of it.

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The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet. The Websites are restricted to the use of adults over the age of majority in their place of residence. No portion of the Websites is directed to children under the age of 18, and no one under the age of 18 may access, browse, or use the Websites or provide any information to or on the Websites. Consequently, we do not knowingly collect Personal Information from any person under the age of 18. If we learn that we have collected Personal Information from a child under age 18 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete that information as quickly as possible. If you are a parent or guardian of a child under 18 years of age and you believe your child has provided us with Personal Information, please contact us at customerservice@USG.com  for such information collected by a USG subsidiary. 

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For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

4. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

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Generally

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We collect several types of information from and about users of our Websites, specifically information:

• by which you may be personally identified, such as your name, billing information, home, work, and/or shipping addresses, work or personal e-mail address, telephone number(s), credit or debit card number (for payment processing only), Federal Tax ID (if you claim that you are tax exempt), your voice (only for audio feedback), or any other identifier by which you may be contacted online or offline (“Personal Information”);
• that is about you but individually does not identify you, such as your employer name, title, account number, traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access and use on the Websites;
• about your internet connection, the equipment you use to access our Websites, and usage details.

We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, as described more fully in the “Our Use of Cookies and Other Similar Technologies” section of this Policy as well as in our Cookie Policy, which can be accessed here .

Information You Provide to Us

The information we collect on or through our Websites are:

• information that you provide by filling in forms on our Websites. This includes information provided at the time of registering to use our Websites or requesting further services. We may also ask you for information when you enter promotions sponsored by us, and when you report a problem with our Websites;
• your voice recording when you choose to leave us audio feedback;
• records and copies of your correspondence (including email addresses), if you contact us;
• your responses to surveys that we might ask you to complete for research purposes;
• details of transactions you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites; and
• your search queries on the Websites.

The Personal Information we collect from you is required to enter into a contract with USG, for USG to perform under the contract, and to provide you with our products and services. If you refuse to provide such Personal Information or withdraw your consent to our processing of Personal Information, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

• details of your visits to our Websites, specifically traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access and use on the Websites; and
• Information about your computer and internet connection, specifically your IP address, operating system, and browser type.

The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver a better and more personalized service by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Websites according to your individual interests;
• speed up your searches; and
• recognize you when you return to our Websites.

Details about the automated data collection technologies and the specific cookies that we use can be found in our Cookie Policy.

5. Our Use of Cookies and Other Similar Technologies

Our Websites use cookies and other similar technologies to provide you with our Websites and their features, to improve the functionality of our Websites, to measure and track how you interact with the Websites, to perform analytics, to track ad-driven activity, to provide you with advertising based on your use of our Websites and your interests, and to otherwise tailor our communications with you. These cookies may be served by us or by third parties we use to help us maintain and provide you with our Websites. You can disable our use of these cookies and other similar technologies by changing your browser settings, however our Website may not function correctly if you select this setting.

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Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer, if you allow, for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie). “Session” cookies are temporarily stored on your device and remain there until they expire at the end of your browsing session. “Persistent” cookies remain stored on your device until they expire or are deleted by you. Local shared objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you select this setting, you may be unable to access certain parts of our Websites. You can find more information at https://www.allaboutcookies.org and https://youronlinechoices.eu.

Web Beacons. Pages of our Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit USG, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

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Tags. Tags are pieces of code used on our Websites that allow us to have a greater understanding about the users of our Websites, such as the users who make a purchase after following an advertisement.  

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First Party and Third Party Cookies. Our Websites use 1st party cookies (set by USG), 3rd party cookies (which are set by third parties), and other similar technologies. First party cookies are set by us (USG). Third party cookies are set by third parties when you access some content or applications, including advertisements, on our Websites. These third parties include advertisers, ad networks and servers, content providers, application providers, and social media sites. Unless you set your browser to refuse cookies as described above, these third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you access our Websites. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising and other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about advertisement or other targeted content, you should content the responsible provider directly. Below is a list of the different types of cookies that we use on our Websites.

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Essential Cookies and Similar Technologies: Essential cookies and other similar technologies used by us enable you to navigate the Websites and use their services and features. For example, these types of cookies record your login information so you can access your account and allow us to maintain your shopping cart when you shop on our Websites. Without these essential cookies, the Websites will not perform correctly, and we may not be able to provide the Websites to you or provide you with certain services or features of our Websites.

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Preference Cookies and Similar Technologies: Preference cookies collect information about your choices and preferences and allow us to remember language and other local settings and to customize our Websites accordingly.

Social Media Cookies and Similar Technologies: Social Media cookies and other similar technologies used by us collect information about your use of social media websites.

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Analytics Cookies and Similar Technologies: Analytics cookies and other similar technologies used by us collect information about your use of the Websites and enable us to improve the way they work and operates. Specifically, analytics cookies provide us with information regarding what the most frequently visited pages on the Websites are, help us record and debug any issues you may have with the Websites, and show us how effective our advertising is. These analytics cookies do not allow us to see the usage of a single user but does allow us to see overall patterns of usage on the Websites. We do not examine this information for individually identifying information, but we do use this information to understand the traffic on our Websites.

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Advertising Cookies and Similar Technologies: Advertising and other similar technologies used by us are used to display targeting promotions or advertisements based on your use of the Websites and interests and to manage our use of advertising resources. These cookies collect information about your activities on this and other sites to provide you with interest-based advertising. You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

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Google Analytics. We use Google Analytics to collect and process statistical data about the number of people using the Websites and to better understand how they find and use the Websites. The data collected includes data related to your device/browser, your IP address, and on-site activities to measure and report statistics about user interactions. The information stored is reduced to a random identifier. Any data collected is used in accordance with this Policy and Google’s privacy policy. You may learn more about Google Analytics by visiting https://www.google.com/policies/privacy/partners/  and https://support.google.com/analytics/answer/6004245. You can learn more about Google’s restrictions on data use by visiting the Google Privacy Policy at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature. For more details, visit the “Google Analytics opt-out browser add-on” page located at https://support.google.com/analytics/answer/181881?hl=en.

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Google Tag Manager. We use Google Tag Manager, which allows marketed website tags to be managed using an interface. The tool itself (which implements the tags) does not use cookies and does not register identifiable data. The tool causes other tags to be activated which may, for their part, register personal data under certain circumstances. Google Tag Manager does not access this information.  Google Tag Manager is subject to the Google Privacy Policy located at https://www.google.com/intl/en/policies/privacy.

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Google Marketing (e.g. DoubleClick). We use certain Google marketing technologies to track user activity on the Websites and to serve personalized advertisements. Your browser is assigned a pseudonymous ID used to track the ads that have been served to your browser and to identify those on which you’ve clicked. The cookies enable Google and its partners to select and display ads based on your browsing behavior. For more information on how Google uses this information, you can visit https://policies.google.com/technologies/ads, https://support.google.com/displayvideo/answer/7621162, and https://support.google.com/google-ads/answer/7548399?hl=en.  To block certain ads served by Google, please visit https://support.google.com/ads/answer/2662922.  Google’s Privacy Policy is available at: https://www.google.com/policies/privacy.

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Facebook Connect. Facebook Connect gives you the option to post information about your activities to your Facebook profile page to share with others within your network by using a single sign-in service to authenticate your identity. You may learn more about Facebook’s policies by visiting https://www.facebook.com/policy.php,  and you can also find instructions for opting out of receiving advertisements via that page.

LinkedIn Analytics. We may use LinkedIn’s technologies for analytics and to add tags to our Websites to allow for conversion tracking of LinkedIn ad campaigns. These tools allow us to learn about user activity and LinkedIn audiences, to find trends in user engagement, and to analyze trends with those groups. For more information on LinkedIn’s marketing technologies and to view LinkedIn’s Privacy Policy, visit https://www.linkedin.com/legal/privacy-policy.  You can opt-out of LinkedIn Ads by visiting https://www.linkedin.com/help/linkedin/answer/62931?trk=microsites-frontend_legal_privacy-policy&lang=en.

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Choices about cookies and similar technologies. Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being stored. These settings may affect your enjoyment of the Websites’ functionality. Adjusting the cookie settings may not fully delete all of the cookies that have already been created. To delete them, you should review your web browser settings after you have changed your cookie settings. The links below provide additional information about how to disable cookies or manage the cookie settings:

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Google Chrome:               https://support.google.com/chrome/answer/95647?hl=en

Firefox:                https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Microsoft Edge:                 https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09 

Safari:    https://support.apple.com/guide/safari/manage-cookies-sfri11471/mac  and https://support.apple.com/en-us/HT201265

For more information about how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/.

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6. Lawful Basis for Processing Your Personal Data

We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.

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If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

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By using our Websites, you consent to our collection, use, and sharing of your Personal Data as described in this privacy policy. If you do not consent to this privacy policy, please do not use the Websites;

Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Specifically, our legitimate interests are to: facilitate communication between USG and you; detect and correct bugs and to improve our Websites; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other financial crime; promote and market our business; check your credit and perform risk assessments; develop our services; to assist original equipment manufacturers address maintenance and support issues; and

To Fulfill Our Obligations to You under our Contract. We process your Personal Data in order to fulfill our obligations to you pursuant to our Contract with you to deliver our goods and services to you. Specifically, we process your Personal Data to provide you with the products that you order from us. We may also disclose your Personal Data to equipment manufacturers and original equipment manufacturers so that they can assist in fulfilling your order.

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As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspection, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

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7. Special Categories of Information

We generally do not request you provide and do not process any special categories of Personal Information or Sensitive Personal Information (as that term is defined in the California Privacy Rights Act).

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USG does not ask you to provide, and we do not knowingly collect, any special categories of Personal Information from you or Sensitive Personal Information (, including Personal Information that reveals your racial or ethnic origin, political opinions, religious, philosophical beliefs, or trade unions membership, or the processing of data concerning your health or data concerning your sex life or sexual orientation or history of criminal convictions.

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8. Automated Decision Making

We generally do not use your Personal Information with any automated decision making processes.

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USG does not use your Personal Data with any automated decision making process, except for limited fraud detection and avoidance.

9. How We Use Your Information

We use your Personal Information for various purposes described below, including to:

• provide our Websites to you;
• provide you with information you request from us;
• enforce our rights arising from contracts;
• notify you about changes; and
• provide you with notices about your account
• Read More

We use information that we collect about you or that you provide to us, including any Personal Data:

• to present our Websites and their contents and functionality to you;
• to provide our operations and services to you;
• to communicate with you and provide you with information, products, or services that you request from us;
• when necessary to fulfill transaction requests, via phone;
• to respond back to you via SMS messaging, if you send us a question via SMS messaging;
• to follow up on your satisfaction with purchases made on the Websites;
• to improve our services and develop new services;
• to assist original equipment manufacturers in fulfilling your order and addressing maintenance and support issues;
• to fulfill any other purpose for which you provide it;
• to provide you with notices about your account;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to manage our relationship with you and your use of the Websites;
• to notify you about changes to our Websites or any products or services we offer or provide though them;
• to allow you to participate in interactive features on our Websites;
• to register you for our email list and send you periodic messages;
• to engage with you on social media;
• to enable you to share comments, questions, and answers;
• to improve our marketing efforts, including by providing more tailored advertising;
• to ensure the privacy and security of our Websites and services;
• to maintain our databases and back-ups, including records of our communications with you;
• to recognize your device and remember your preferences and interactions;
• to determine and track user interests, trends, needs, and preferences;
• for general operational support, including procurement, financial and fiscal management, risk and compliance management, and reporting;
• to facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transactions;
• to obtain and maintain insurance coverage and professional advise;
• to comply with federal, state or local laws;
• to comply with a civil, governmental, or regulatory inquiry, order, subpoena, summons, or process;
• to cooperate with law enforcement agencies;
• to exercise or defend legal rights or claims;
• to create, use, retain, or disclose de-identified or aggregated information;
• in any other way we may describe when you provide the information; and
• for any other purpose with your consent.
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We may also use your Personal Information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you wish to opt-out of this use, please check the relevant box located on the form on which we collect your Personal Information. If you wish to change your choice, you may do so at any time by logging into the Websites and adjusting our user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to customerservice@USG.com  for such information sent by a USG subsidiary. For more information, see Choices About How We Use and Disclose Your Information.

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10. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Policy. We disclose your Personal Information to a few third parties, including:

• our subsidiaries and our affiliates;
• our contractors, third-party service providers and advisors that we use to support our business;
• to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
• to comply with our legal obligations;
• to enforce our rights; and
• with your consent.

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

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We may disclose Personal Information that we collect or you provide as described in this Policy:

• to our subsidiaries and affiliates, and their respective officers, directors, employees, and agents;
• to contractors, service providers, professional advisers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. Specifically, these entities provide customer service, IT and infrastructure support, payment processing, marketing, and shipping services, as well as accounting and legal services. Our payment processor’s privacy policies may be found at https://www.cybersource.com/privacy/
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Unlimited Service Group’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by USG about one or more of our Websites’ users is among the assets transferred;
• to fulfill the purpose for which you provide it. For example, if you give us an email address to contact us about a question, we will use your email address to respond back to you;
• to original equipment manufacturers to fulfill your order and address maintenance and support issues;
• for any other purpose disclosed by us when you provide the information; and
• with your consent.

We may also disclose your Personal Information:

• in response to subpoenas, warrants, court orders or other legal process, including to respond to any government or regulatory request, or to comply with relevant laws. We may also share information in order to establish or exercise our legal rights or claims; to defend against a legal claim; and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our contracts or terms;
• to enforce or apply the Terms and Conditions on our Websites and other agreements, including for billing and collection purposes; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of USG, our affiliates, subsidiaries, customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

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We may also disclose your Personal Information to original equipment manufacturers so they may contact you about their own goods and services that may be of interest to you. If you wish to consent to such use, please check the relevant box located on the form in which we collect your Personal Information. If you wish to change your choice, you may do so at any time by logging into the Websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to customerservice@USG.com . For more information, see Choices About How We Use and Disclose Your Information.

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11. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Information for third-parties to advertise to you, our advertising to you, and other targeted advertising.

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We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your Personal Information:

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• Promotional Offers from USG. We may use your contact information to promote our own or third parties’ products and services. If you wish to opt-out of such use, you can check the relevant box located on the form on which we collect your Personal Information or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to customerservice@USG.com. If we have sent you a promotional email, you may click the unsubscribe link at the bottom of the email to be omitted from future email distributions. This opt out does not apply to information provided to the USG as a result of a product purchase, warranty registration, product service experience or other transactions.
• Targeted Advertising. We may use information that we collect or you provide to deliver advertisements according to our and our advertisers’ target-audience preferences. If you wish to opt-out of such use, you can check the relevant box located on the form on which we collect your Personal Information or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to customerservice@USG.com. For this opt-out to function, you must have your browser set to accept browser cookies.
• Disclosure of Your Information for OEM Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email with your request to customerservice@unlimitedservice.com
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12. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.

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Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

• Access and Update. You can review and change your Personal Data by logging into the Websites and visiting the “My Account” page. You may also notify us through the contact information below or through our Websites’ live chat features between 8 AM and 9 PM EST of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
• You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing, but we have retained it as permitted by law.
• To the extent the Personal Data you provide USG is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
• Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
• Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
• You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
• How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods below and through the live chat feature of our Websites. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.

13. Do Not Track Signals

We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.

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We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such signal is broadcast or received.

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14. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Information. You can help protect your Personal Information and other information by keeping your password to our Websites confidential.

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We have implemented measures designed to secure your Personal Information under our control from accidental loss and from unauthorized access, use, alteration, and disclosure. From time to time, we review our security procedures and consider new technologies and methods.

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Our payment processors are contractually obligated to encrypt any payment transactions using SSL technology in order to keep your payment information safe. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, no security system is perfect and no data transmission is 100% secure. Although we strive to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or from our Websites. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.  We cannot guarantee that your Personal Information will remain secure in all circumstances.

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Systems and processes have been scrutinized for limiting access to only required personnel, and the proper protections and restrictions to physical accessibility have been implemented to secure your Personal Information from accidental loss and from unauthorized access, use, alteration or disclosure.  We use reasonable security measures when transmitting Personal Information to consumers in responding to requests under the California Consumer Privacy Act or other applicable laws.

If a data breach compromises your Personal Information, we will notify you and any applicable regulator when we are required to do so by applicable law.

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15. California Residents

Notice at Collection. For purposes of the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), in collecting the information described above, we collect the categories of Personal Information listed below.

CCPA Category

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Description

Identifiers

When collecting Account Information, we will receive your name, email address, username, and unique personal identifier. 

When collecting Social Media Information, Feedback or Support Inquiries, and Contact Us Data, we will receive your name and email address.

When collecting Social Media Information, we will receive your name and email address.

When collecting Cookies and Similar Technologies and Usage Information, we will receive your Internet Protocol (IP) address or unique device identifier.

We use Identifiers as set forth in the “Information We Collect About You and How We Collect It,” the “How We Use Your Information,” and the “Disclosure of Your Information” sections of this Policy.

Categories of personal information described in the California Customer Records statute

When collecting Account Information, we will receive your name, email address, username, and unique personal identifier. 

When collecting Social Media Information, Feedback or Support Inquiries, and Contact Us Data, we will receive your name and email address.

When collecting Social Media Information, we will receive your name and email address.

When collecting Cookies and Similar Technologies and Usage Information, we will receive your Internet Protocol (IP) address or unique device identifier.

We use Categories of Personal Information described in the California Customer Records statute as set forth in the “Information We Collect About You and How We Collect It,” the “How We Use Your Information,” and the “Disclosure of Your Information” sections of this Policy.

Internet or other electronic network activity information

We collect Cookies and Similar Technologies as described in our “Cookies and Similar Technologies” Policy.

When collecting Usage Information, we will automatically receive information from your browser and your device, which includes the date and time of your visit as well as your location, Internet Protocol (IP) address, domain server, browser type, access time, and data about which pages you visit.

We use Internet or Other Electronic Network Activity Information as set forth in the “Information We Collect About You and How We Collect It,” the “How We Use Your Information,” and the “Disclosure of Your Information” sections of this Policy.

Geolocation data

When collecting Cookies and Similar Technologies, Location Information and Usage Information we will receive your location while using the Site.

We use Geolocation Data as set forth in the “Information We Collect About You and How We Collect It,” the “How We Use Your Information,” and the “Disclosure of Your Information” sections of this Policy.

Audio, electronic, visual, thermal, olfactory, or similar information

When collecting Contact Us Data, we will receive your preferred method of contact and the message that you choose to provide.

We use Audio, electronic, Visual, Thermal, Olfactory, or Similar Information as set forth in the “Information We Collect About You and How We Collect It,” the “How We Use Your Information,” and the “Disclosure of Your Information” sections of this Policy.

Commercial Information

We use Commercial Information as set forth in the “Information We Collect About You and How We Collect It,” the “How We Use Your Information,” and the “Disclosure of Your Information” sections of this Policy.

Professional or employment-related information

When collecting Account Information and Contact Us Data, we will receive your work email address, work telephone number, company name, and company address.

We use Professional or Employment-Related Information as set forth in the “Information We Collect About You and How We Collect It,” the “How We Use Your Information,” and the “Disclosure of Your Information” sections of this Policy.

Inferences

Examples: Derivation of information, data, assumptions, or conclusions from facts, evidence, or another source of information or data) drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Data Practices During Last 12 Months

Personal Information Collected: As described in this Policy, we have collected the categories of Personal Information listed below during the preceding 12 months:

Identifiers

Categories of personal information described in the California Customer Records statute

Characteristics of protected classifications

Commercial information

Biometric information

Internet or other electronic network activity information

Audio, electric, visual, thermal, olfactory, or similar information

Professional or employment-related information

Inferences drawn from other Personal Information to create consumer profiles

Geolocation data

Categories of Sources: We have collected the Personal Information identified in this Policy from you directly when you provide it to us, automatically as you navigate through the Websites, which may include, but not be limited to, usage details, IP addresses, and information collected through cookies and other tracking technologies, and from our business partners, as applicable.

Business and Commercial Purposes for Collecting: We have collected the categories of Personal Information listed above for the following purposes:

Operate the Websites;

Provide our services to you;

Honor our terms of use and contracts;

Ensure the privacy and security of our Websites and services;

Maintain our databases and back-ups;

Manage our relationships with you;

Communicate with you;

Keep records of our communications with you;

Analyze use of the Websites and our services;

Serve you the content and functionality you request;

Develop new services;

Enhance your experience;

Track visits to the Websites;

Provide you with a more personal and interactive experience on the Websites; and

Usage analytics purposes.

Personal Information Sold or Shared: We have not sold or shared categories of Personal Information during the preceding 12 months.

Personal Information Disclosed for a Business Purpose. We have disclosed for a business purpose the categories of Personal Information listed below during the preceding 12 months:

Identifiers

Categories of personal information described in the California Customer Records statute

Characteristics of protected classifications

Commercial information

Biometric information

Internet or other electronic network activity information

Audio, electric, visual, thermal, olfactory, or similar information

Professional or employment-related information

Inferences drawn from other Personal Information to create consumer profiles

Geolocation data

We have disclosed each category of Personal Information to the following categories of third parties: (1) corporate parents, subsidiaries, and affiliates; (2) advisors (accountants, attorneys); (3) service providers (data analytics, data storage, mailing, marketing, website and platform administration, technical support); and (4) operating systems and platforms.

Children

USG does not collect or maintain Personal Information on any minors under the age of 16. We do not knowingly sell or share Personal Information of minors under 16 years old, however, to the extent we knowingly “sell” or “share” as that term is defined under the CCPA and the CPRA, respectively, the Personal Information of minors under 16 years old who are California residents, we either obtain prior affirmative authorization from such minor to the opt-in to the sale of the minor’s Personal Information or obtain affirmative authorization from the minor’s parent or guardian. A minor, or parent/guardian, who has opted in to the sale of the minor’s Personal information has the right to opt-out at any time. To exercise your right to opt-out see the Right to Opt-Out section above. See also the Verified Requests to Know and Right to Delete with regard to Personal Information of any minors under the age of 16.

Personal Information Retention

We will store your personal information for as long as is reasonably necessary to fulfill the purposes described in this Privacy Policy or as required by law.

Financial Incentive

We offer a customer loyalty incentive program with various financial incentives. The terms of the financial incentive will be presented to you at the time you sign up. You may withdraw from any of the financial incentives by contacting us at compliance@partstown.com. The value of your data is the value of the offer presented to you. We have calculated the value of the incentive by using the expense related to the offer.

Right to Opt Out/Do Not Sell My Personal Information 

Under the CCPA and CPRA, you have the right to direct us to stop selling and sharing your Personal Information to third parties and to refrain from doing so in the future. To the extent we sell or share your Personal Information, as those terms are defined in the CCPA and CPRA, respectively, you have the right to opt-out of the sale or sharing of your Personal Information at any time.  You may submit a request to opt-out using the link on our website, or by contacting or us at compliance@partstown.comor at 1-630-866-4385. For purposes of the CCPA and CPRA, we do not sell or share Personal Information as defined under applicable law.

Requests to Know and Requests to Delete

The CCPA and CPRA give consumers the right to request that we (1) disclose what Personal Information we collect, use, disclose, sell, and share and (2) delete certain Personal Information that we have collected or maintain. You may submit these requests to us as described below, and we honor these rights where they apply.

If a request is submitted in a manner that is not one of the designated methods for submission, or if the request is deficient in some manner unrelated to our verification process, we will either (1) treat the request as if it had been submitted in accordance with the designated manner, or (2) provide you with specific directions on how to submit the request or remedy any deficiencies with the request, as applicable.

Request to Know. As a California resident, you have the right to request: (1) the specific pieces of Personal Information we have collected about you; (2) the categories of Personal Information we have collected about you; (3) the categories of sources from which the Personal Information is collected; (4) the categories of Personal Information about you that we have sold or shared and the categories of third parties to whom the Personal Information was sold or shared; (5) the categories of Personal Information about you that we disclosed for a business purpose and the categories of third parties to whom the Personal Information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, or selling Personal Information; and (7) the categories of third parties with whom we sell or share Personal Information. Our response will cover the 12-month period preceding our receipt of a verifiable request, except as otherwise required by applicable law.

Request to Delete. As a California resident, you have a right to request the erasure/deletion of certain Personal Information collected or maintained by us. As described herein, we will delete your Personal Information from our records and direct any service providers (as defined under applicable law) to delete your personal information from their records. However, we are not required to honor a deletion request if an exemption applies under the law.

Request to Correct. 

As a California resident, you have a right to request the correction of certain inaccurate Personal Information collected or maintained by us. Upon receipt of a verifiable request to correct inaccurate Personal Information, we will use commercially reasonable efforts to correct the inaccurate Personal Information as directed by you, pursuant to applicable law.

Right to Limit Use and Disclosure Sensitive Personal Information. 

As a California resident, you have a right to request that use and disclosure of Sensitive Personal Information be limited to that use which is necessary to perform the services or provide the goods reasonably expected by a similarly situated consumer and as authorized in accordance with applicable law.  You further have the right to opt-out of the selling or sharing of your Sensitive Personal Information.  See the Right to Opt-Out section for further instructions as to how to Opt-Out.

Submitting a Request

Submission Instructions. You may submit a request to know or to delete via your Account Page or a toll-free telephone call to 1-630-866-4385 or by email to compliance@partstown.com.  Regarding requests to delete, we may present you with the choice to delete select portions of your Personal Information, but a global option to delete all Personal Information will be offered and more prominently presented.

Verification Process. We are required by law to verify the identities of those who submit requests to know or to delete. To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the personal information that we already maintain about you. As a part of this process, you will be required to provide your name, account number, address, and telephone number. We will inform you if we cannot verify your identity.

If we cannot verify the identity of the person making a request for categories of Personal Information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our Policy.

If we cannot verify the identity of the person making the request for specific pieces of Personal Information, we are prohibited from disclosing any specific pieces of Personal Information to the requestor. However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of personal information about the consumer.

If we cannot verify the identity of the person making a request to delete, we may deny the request.

If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

Authorized Agents. Authorized agents may submit requests via the methods identified in this Policy. If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with signed permission to do so; (2) verify your identity directly with us; and (3) directly confirm with us that you provided the authorized agent permission to submit the request. However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.

Excessive Requests. If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request. If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

Time Period to Comply with Requests.  USG will disclose and deliver the required information as requested by you pursuant to this Section 15 free of charge, correct inaccurate personal information, or delete your personal information, based on your request, within 45 days of receiving a verifiable request, but will confirm receipt of your request within 10 business days of receipt of same. We will promptly take steps to determine whether the request is a verifiable consumer request, as set forth herein, but this shall not extend our duty to disclose and deliver the information, to correct inaccurate personal information, or to delete personal information within 45 days of receipt of the request. However, the time period to provide the required information, to correct inaccurate personal information, or to delete personal information may be extended once by an additional 45 days when reasonably necessary, provided we provide you with notice of the extension within the first 45-day period.

Non-Discrimination

You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the CCPA and CPRA. We do not offer financial incentives and price or service differences, and we do not discriminate against consumers for exercising their rights under the CCPA or CPRA.

Statistical Metrics

California Shine the Light

Under California Civil Code Section 1798.83, California residents who provide Personal Information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your Personal Information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us at compliance@partstown.com

16. Nevada Residents

You may submit a verified request to us at compliance@partstown.com to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. Please provide your name and contact information in your request, and we will respond to your request in accordance with Nevada law.  However, please know that we do not currently sell data triggering the Nevada statute’s opt-out requirements.

17. Colorado, Connecticut, Virginia, and Utah Residents

If you are a resident of Colorado, Connecticut, Utah or Virginia, you may have certain privacy rights under the applicable privacy laws in your state (“State Privacy Laws”). This section describes those rights and how you can exercise them with USG.

Rights Requests

Right to Know, Right to Deletion and Right to Correct

You can request what Personal Information we have collected, used, disclosed, and sold.

You can request to correct inaccuracies in your Personal Information, taking into account the information’s processing purpose.

You can opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects including, but not limited to, automated processing performed on personal information to evaluate, analyze or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location or movements (“Profiling”). To submit a request to opt out pursuant to this section, please contact us using the information provided in the Contact Information section of this Policy.  To opt out of cookie-based or digital advertising-based Profiling, please opt out of the selling/sharing of your information for targeted advertising, as described above. Note that if you opt out of profiling, your experience with USG will be less personalized.

We will not be able to opt you out of Profiling where one of the following exceptions applies:

Legal: To comply with applicable laws, rules or regulations; to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by governmental authorities; to cooperate with law enforcement; to investigate, exercise, prepare for or defend actual or anticipated legal claims; or to assist another party with any of its obligations under applicable laws;

Security: To prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, or malicious, deceptive, or illegal activity; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action;

Improvement of Services and Products/Internal Use: To conduct internal research to improve, repair or develop products, services or technology;

Transactional: To provide a product or service specifically requested by you; to complete a transaction with you or to complete a contract we have with you; and

Public Interest: To protect your vital interests or those of another individual.

You can also request that we delete your Personal Information. We may not delete all of your Personal Information if one of the following exceptions applies:

Transactional:  To complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or perform a contract we have with you;

Security: To detect data security incidents; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action;

Error Correction:  To debug or repair any errors;

Legal:  To protect against fraud, harassment, malicious or deceptive activities, or illegal activity or to comply with applicable law or a legal obligation, or exercise rights under the law, such as the right to free speech; to assist another party with any of its obligations under applicable privacy laws; or

Internal Use:  To use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e., to improve our services).

Right to Appeal

If you are a Colorado, Connecticut or Virginia resident and we were unable to fulfill your request, you may appeal our request by contacting us using the information provided in the Contact Information section of this Policy within fourteen days of our decision, and submitting an appeal request, with a detailed reason for your appeal, as well as your state of residence.

Retention

We will store your personal information for as long as is reasonably necessary to fulfill the purposes described in this Privacy Policy or as required by law.

To exercise any of these rights or to appeal a decision regarding a consumer rights request, please contact us using any of the methods listed in Contact Information section of this Policy.

18. Consent to Processing of Personal Data In Other Countries Outside the European Economic Area

We may process your Personal Data outside of your home country, including to the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data.

• Read More

In order to provide our Websites, products, and services to you, we may send and store your Personal Data outside of your home country, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an adequate level of protection for your Personal Data.

Your Personal Data is transferred by USG to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. By using our Websites, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Websites.

If you are in the European Economic Area, to ensure your Personal Data (other than Personal Data you provide directly to us on our Websites) is treated in accordance with this Privacy Policy, USG uses Data Protection Agreements between USG and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third party. You may request a copy of the Data Protection Agreement by contacting us through the contact methods below.

18. Data Retention Periods

We retain your Personal Information for as long as you keep your account open. In some instances, we may keep it after you close your account, for example we may keep it:

• on our backup and disaster recovery systems;
• for as long as necessary to protect our legal interests; and
• to comply with other legal requirements.
• Read More

USG will retain your Personal Information for the entire time that you keep your account open. After you close your account, we may retain your Personal Information:

• for as long as necessary to comply with any legal requirement;
• on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
• for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
• for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

We may delete your information if we believe it is incomplete, inaccurate, or that our continued storage of it is contrary to our objectives or legal obligations. When we delete data, it will be removed from our active servers and databases, but it may remain in our archives when it is not practical or possible to delete it.

We are required by law to maintain records of consumer requests submitted under the California Consumer Privacy Act and how we responded to such requests for at least twenty-four (24) months.  We only use this information for recordkeeping purposes.  If you are a resident of California, please see the California Residents section for more information. 

17. Third-Party Sites

This Policy only applies to the Websites. It does not apply to any websites, applications, or services from third parties.

The Websites may include links to, or content from, third parties. These links are to external resources and third parties that have their own privacy policies. It may not always be clear which links are to external, third-party resources. If you click on a third-party link, you will be redirected away from the Websites. You can check the URL to confirm whether you have left the Websites.

We cannot and do not (1) guarantee the privacy or security practices of third parties or any content provided by third parties; (2) control third parties’ collection or use or your information; or (3) endorse any third-party information, products, services, applications, or websites.

Any information provided by you or collected from you by a third party will be governed by that party’s privacy policy and terms of use. You should review their privacy policy and terms of use carefully.

18. Changes To Our Privacy Policy

We will post any changes to our Privacy Policy on our Websites. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

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We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Websites’ home page. Any changes, updates, and modifications will be effective immediately upon posting. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your account and/or through a notice on the Websites’ home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes.  Your continued use of the Websites after the “Last Updated” date will constitute your acceptance of and agreement to any changes and to our collection, use, and sharing of your information according to the then-current Policy. If you do not agree with this Policy, you should not use the Websites.

19. Contact Information

You may contact our Data Protection Officer through the contact information below. If you wish to contact us, you must contact both us and our representative through the contact information below or through the “Contact Us” page on our Websites.

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If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you must contact both us and our representative in the European Union at the contact information below or through the “Contact” page on our Websites.

To Contact USG (Controller)

USG

1200 Greenbriar

 Addison, IL  60101

USA

USA: 877.918.9645 

Canada: 866-344-1792 

For USG in the USA: customerservice@unlimitedservice.com 

For USG in Canada: customerservice@unlimitedservice.ca 

To Contact Our Data Protection Officer

Alberto Valedon
1200 Greenbriar
Addison, IL 60101 USA
USA: 877.918.9645
Canada: 866-344-1792
avaledon@partstown.com 

19. Text Messaging

You may opt-in to receive electronic communications (including voice messages, push notifications, or text messages) on your mobile device. When you opt-in, we will send you an SMS message to confirm your registration to receive these communications.

You may cancel receiving these communications at any time by texting STOP one of our text messages. We will respond to a STOP request by confirming that you have been unsubscribed. If you would like to resume these communications, simply login to your account on our Website and re-register for such communications.

If you would like help regarding these communications, you may also text the word HELP to us for help. We will respond to this request with instructions on how to use our electronic communications services and how to unsubscribe. You may also email us at compliance@partstown.com or call us 1-630-866-4385.

We are able to deliver messages to most major cell phone carriers. If you have any question regarding our ability to deliver messages to your carrier, please contact us via the Website and we can confirm whether our electronic communication service supports your carrier.

Message and data rates may apply for any messages you send to us or you receive from us. You will receive updates at each state of an order delivery, including a confirmation of you placing the order, when it has been shipped, and package tracking information (including, when the package has been delivered). If you have any questions about your text plan or data plan, please contact your cell phone provider.

You understand the text messages we send may be seen by anyone with access to your phone. Accordingly, you should take steps to safeguard your phone and your text messages if you want them to remain private. Please notify us immediately if you change mobile numbers or plan to provide your phone to another person. For questions about the services provided through our electronic communications system or about your privacy, please contact us through one of the ways described above.

We may terminate our text message program at any time.

TERMS OF USE

Last Updated:  April 19, 2023

These Terms of Use form a legal agreement entered into by and between you, the user of this website (the “User” or “you” or “your”), and this website (the “Site”), and any organization on behalf of which you are using or accessing this website, and PT Intermediate Holdings IV, LLC and its affiliates and subsidiaries (including the PT Holdings, LLC subsidiaries in the USA and in Canada) (collectively, “PartsTown” or also referred to herein as “Company” “we,” “us,” and “our”). If you are accessing the Site on behalf of, or as an agent for another person or entity, that person or entity is also a User and will be bound by this agreement. You represent that you are of the age of majority and have the capacity necessary to enter and be bound by the terms of this agreement. The information entered by or on behalf of User is incorporated herein and made a part of this agreement.  Further, by using or accessing the Site, and/or by clicking “I Agree” (or a similar button) to accept or agree to these Terms of Use when this option is made available to you, you signify your agreement to these Terms of Use as well as our Privacy Policy, which is incorporated herein by reference.

TERMS

These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with us for products, services or otherwise. You represent and warrant that you have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OR ACCESSING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHALL NOT USE OR ACCESS THE SITE.

ELIGIBILITY

YOU MUST BE AT LEAST 18 YEARS OLD TO USE OR ACCESS THE SITE. IF YOU ARE A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, YOU MUST HAVE THE PERMISSION OF, AND BE DIRECTLY SUPERVISED BY, YOUR PARENT OR LEGAL GUARDIAN TO USE OR ACCESS THE SITE, AND YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE TO THESE TERMS OF USE PRIOR TO YOUR USING THE SITE. NOTWITHSTANDING THE FOREGOING, YOU ARE NOT AUTHORIZED TO USE THE SITE IF YOU ARE UNDER THE AGE OF 15.

OWNERSHIP OF THE SITE

All pages within the “Site , any material made available for download, as well as any of the Site’s contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the Site are the property of Parts Town. This Site is protected by United States and international copyright and trademark laws. The Contents of the Web site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Web site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by Parts Town, as more fully set forth in the Prohibited Uses section of these Terms of Use. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Parts Town without our express written consent. Additionally, you may not use manual or automated software, devices, scripts, robots, spiders, other means or processes to access, “scrape”, “crawl”, retrieve, or index any portion of the Site or the Content.

These Terms of Use permit you to use the Site exclusively for your lawful, personal, informational, and other non-commercial use. You do not acquire ownership rights to the Site or any Content, other than those rights in the materials that you submit to us or otherwise enter through the Site, if any, that you may have or any rights that we may specifically grant you in writing, such as the limited license to use the Site, as further described herein. These Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Parts Town or the respective intellectual property owners. You will abide by any and all additional copyright notices, information, or restrictions contained in the Site or any Content.

Parts Town respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); € a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Parts Town Compliance, Attn: DMCA Agent, 1200 Greenbriar Drive, Addison, IL 60101. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Parts Town has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

PROHIBITED USES

You may only use the Site and the Content as expressly permitted under these Terms of Use and only for lawful purposes.  Specifically, you agree that you will use the Site only in a manner that complies with all applicable laws and that your use of the Site is subject to all applicable laws and regulations; any other use is expressly prohibited. Any use of the Site or the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Without limiting the foregoing, you agree that you will not attempt to or in fact:

• Use the Site in any way that violates federal, state, local, or international law or regulation;

• Use the Site to transmit or send unsolicited commercial communications;

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;

• Post any infringing, obscene, indecent, or unlawful material or information;

• Gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases associated with the Site);

• Access the Site through any robot, spider, or other automated means;

• “Screen scrape”, “monitor”, “mine”, “copy”, or “mirror” the Site;

• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;

• Engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site (or the servers, networks, and databases associated with the Site);

• Introduce to the Site (or the servers, networks, and databases associated with the Site) any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful;

• Use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Site or any Content;

• Reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sublicense, trade or resell any Content or other aspect of the Site for any commercial purpose (except for Content specifically and expressly made available for redistribution) without our prior written consent;

• Remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations;

• Impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images.

SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Web site (“Submissions”), you agree that Parts Town shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Parts Town desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Parts Town is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions. Parts Town does not regularly review Submissions but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Web site. You are and shall remain solely responsible for the content of any Submissions. Parts Town and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party, and you agree to defend, indemnify and hold Parts Town harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Parts Town arising out of any Submissions.

SALES OF GOODS

Acceptance of Orders. The Site only solicits offers to buy goods and is not an offer to sell. An order placed through the Site by User is User’s offer to buy, under this agreement, all goods, items, and products in the quantities and at the prices listed in the order (the “Goods”). Parts Town will not be obligated to sell the Goods to User unless and until Parts Town accepts the order. Acceptance of any order is subject to approval by Parts Town in its sole discretion. Parts Town will send User a confirmation email with the details of the Goods ordered after Parts Town’s acceptance. Acceptance of User’s order and the formation of the contract of sale between Parts Town and User will not take place unless and until Parts Town transmits the confirmation email. Parts Town shall sell to User and User shall purchase from Parts Town the Goods upon the terms and conditions set forth in confirmation and this agreement. BY PRESENTING AN ORDER TO PARTS TOWN, USER CONFIRMS THAT THESE TERMS OF USE SHALL GOVERN ALL PURCHASES OF GOODS.

Prices. All prices are quoted wholesale in USD, or as otherwise noted. The price charged for a Good will be the price in effect at the time the order is accepted and as set out in the order confirmation email. All prices are exclusive of all charges for shipping and handling and sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by User. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. User agrees to indemnify and defend Parts Town for any tax, penalty, and interest incurred as a result of Parts Town’ good faith acceptance of a tax exemption, reseller’s permit, or resale certificate that is later found to be incomplete or invalid.

All prices posted on this Site are subject to change without notice. Price increases will only apply to orders placed after such changes.

IN THE EVENT OF A TYPOGRAPHICAL ERROR RELATING TO PRICE, CHARACTERISTICS, OR QUANTITY OF AN ITEM FEATURED OR DESCRIBED ON THE SITE, PARTS TOWN RESERVES THE RIGHT TO REFUSE TO FILL ALL OR ANY PART OF ORDER(S) THAT RELY ON SUCH TYPOGRAPHICAL ERROR. ALL GOODS AND PRICES LISTED ON THE SITE ARE SUBJECT TO CHANGE, AVAILABILITY, PRIOR SALE, AND QUANTITY LIMITATIONS, EVEN IF YOU HAVE ALREADY PLACED AN ORDER.

PAYMENT

Terms of payment are within Parts Town’ sole discretion and, unless otherwise agreed by Parts Town in writing, payment must be received by Parts Town before its acceptance of an order. Parts Town will refund payments made for orders not accepted. Parts Town accepts Visa, MasterCard, American Express, and Discover. If you have established Parts Town credit, checks are also accepted and payment terms are net 30 days from the date of shipment or pick-up. If you fail to make payment within 30 days, Parts Town may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped orders. Delinquent balances over 30-days will accrue interest at a rate of 1.50% per month. User agrees to pay the cost of any and all expenses incurred by Parts Town to collect past due sums, including but not limited to legal, collection and court costs. Credit card sales are billed at the time of purchase. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling, and any other amounts described on the Site) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. User expressly represents it is solvent at the time it places any order with Parts Town. You agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

PRODUCT RETURNS

Except for any products designated on the Site as non-returnable, Parts Town will accept a return of Goods for a refund of User’s purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. To return products, you must call (800) 438-8898  or email our Customer Service Department at customerservice@unlimitedservice.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product, if it is returnable. No returns of any type will be accepted without an RMA number. Parts Town will not accept any returns without prior approval or consent, which will be given or withheld at Parts Town’s discretion. A restocking fee will apply for most returns. No returns will be accepted beyond 90 days of purchase. Special orders may not be cancelled or returned.  User is responsible for all shipping and handling charges on returned items. User bears the risk of loss during shipment. Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

DELIVERY; SHIPPING FEES; RISK OF LOSS

User is responsible for additional applicable shipping and handling charges, surcharges, taxes, and duties or for providing valid sales tax exemption certificates.

Parts Town shall deliver the ordered Goods to the address specified by the User in the order (the “Delivery Point”) using Parts Town’ standard methods for packaging and shipping such Goods. If for any reason User fails to accept delivery of any of the Goods at the Delivery Point, or if Parts Town is unable to deliver the Goods at the Delivery Point because User has not provided appropriate instructions, documents, licenses, or authorizations: (i) the Goods shall be deemed to have been delivered; and (ii) Parts Town, at its option, may store the Goods until User picks them up, whereupon User shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

All shipments are FOB origin point of shipment from Parts Town’ facility and/or the vendor’s manufacturing facilities with freight costs and handling fees charged to you. COD shipments are not permitted. Other terms and conditions may apply to special orders including freight collect, export orders, hazardous materials, etc. If product is damaged in transit, you must file claim with the carrier Unless desired routing is specified on the order, a common carrier will be selected by Parts Town. If specified routing entails special charges, all charges will be added to the invoice. The carrier on FOB shipping point shipments becomes the agent for User, and User must file all damage claims with the carrier. Parts Town will deliver the Goods as close as possible to User’s requested delivery date(s). User acknowledges that shipment and delivery dates are estimates only and that PartsTown will not be liable for failure to meet such dates.

CANCELLATION

Any cancellation must be approved by Parts Town and may be subject to restocking and other charges.

CREDIT BALANCE

You agree that any credit balances will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND PARTS TOWN SHALL HAVE NO FURTHER LIABILITY.

FORCE MAJEURE

Parts Town shall not be liable for any delay in or impairment of performance resulting in whole or in part, directly or indirectly, from any force majeure event, including but not limited to acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, change in any law or regulation, disruptions in communications, power, or other utilities, labor disruptions, shortages, inability to procure product, unavailability of supplies of raw materials, explosions, fires, floods, or other severe weather conditions, pandemics, or any other circumstances or cause beyond the control of Parts Town in the conduct of its businesses.

PRODUCT SUBSTITUTION

Products may be substituted by the manufacturer and may not always exactly match descriptions and/or images.

AVAILABILITY; REVISIONS; RELIANCE ON INFORMATION POSTED

The information presented on or through the Site, including the Content, is made available solely for general information purposes. We reserve the right to modify or discontinue the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God, as more fully set forth below. 

We reserve the right, at our sole discretion, for any reason, at any time, with or without notice to you, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your username and account and/or your access to the Site (or any part thereof). Under no circumstances shall we be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.

We use reasonable efforts to update the information on the Site, and the Contents are subject to change without notice. However, we do not make any commitment to update the Site or the Content. The Content and the Site may include technical, typographical, or photographic errors.

We do not warrant the accuracy, completeness, or usefulness of the Site or the Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.

If you have questions about the information presented on the Site, please contact us using the information provided in “Contact Information” at the end of these Terms of Use.

USER RESPONSIBILITIES AND OBLIGATIONS

• User Connection to Site. User shall be responsible for selecting, obtaining, and maintaining any equipment, items, communications, and ancillary services needed to access the Site.

• Account Passwords and Data Security. User shall maintain the confidentiality of all userIDs and passwords of User. User shall be solely responsible for all use or misuse of the userIDs of User, and Company shall have no obligation to monitor for or report any use or attempted use of the userIDs of User.

• Indemnification. User agrees to indemnify, defend, and hold harmless Company and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) User’s use of the Site or Goods obtained through User’s account; (ii) User’s breach or violation of any of this agreement; or (iii) User’s violation of the rights of any third party, including any third party’s intellectual property rights.

• Privacy Policy.User acknowledges and agrees that User has read and understood Company’s Privacy Policy, and User consents to and authorizes the processing, use, and disclosure of personal information as set forth therein.

LINKS FROM THE SITE; THIRD-PARTIES

This Site may contain links to other Internet sites that our partners and other third parties. These links are provided for your convenience only. Your use of those sites is subject to the terms of use, if any, that each of those sites have posted. We have not reviewed all the sites linked to the Site, and we are not responsible for any changes to or content on them. We have no control over the content of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Our inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites.

This Site may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

DISCLAIMER OF WARRANTIES

PARTS TOWN OFFERS THE PRODUCTS, THIS SITE, AND ANY AFFILIATED APPLICATIONS AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PARTS TOWN DOES NOT WARRANT THAT THIS SITE AND ANY AFFILIATED APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND ANY AFFILIATED APPLICATIONS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND ANY AFFILIATED APPLICATIONS USED BY PARTS TOWN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARTS TOWN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THIS SITE AND ANY AFFILIATED APPLICATIONS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

ALL USER REVIEWS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS, AND WE DO NOT ENDORSE OR APPROVE ANY USER REVIEWS. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, APPROPRIATENESS OR CONTENT OF USER REVIEWS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.

IN ADDITION TO THAT WHICH IS SET FORTH IN THESE TERMS OF USE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PARTSTOWN SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF OR RELATING TO (A) A FAILURE BY YOU TO COMPLY WITH THE OBLIGATIONS SET FORTH IN THESE TERMS OF USE; (B) YOUR USE OF THE SITE; (C) YOUR RELIANCE ON THE SITE; AND (D) ACTS OR OMISSIONS OF USER OR ANY THIRD PARTY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

MAXIMUM AGGREGATE LIABILITY. COMPANY’S TOTAL AGGREGATE LIABILITY TO USER OR TO ANY OTHER PERSON ARISING FROM OR RELATING TO THIS AGREEMENT, OR ANY PURCHASES GOVERNED BY THESE TERMS & CONDITIONS, OR FROM THE USE OF THE SITE OR GOODS FURNISHED UNDER THIS AGREEMENT, OR FROM ANY ADVICE, INFORMATION OR ASSISTANCE PROVIDED BY COMPANY (BY ANY METHOD, INCLUDING VIA THE SITE), UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, SHALL BE LIMITED TO THE GREATER OF $50 OR THE PRICE OF THE GOODS GIVING RISE TO THE CLAIM.

EXCLUSION OF CERTAIN DAMAGES.  NEITHER COMPANY NOR ITS VENDORS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR PENAL DAMAGES; (2) ANY BACK CHARGES, LABOR COSTS, OR COSTS OF REMOVAL, REPLACEMENT, TESTING, OR INSTALLATION; (3) LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE GOODS OR ANY ASSOCIATED ITEMS OR SERVICES; (4) DAMAGE TO ASSOCIATED GOODS; (5) LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF GOODS; (6) COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME; (7) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (8) LOSS OF GOODWILL OR REPUTATION; (9) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (10) CLAIMS FROM THIRD PARTIES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

NO ADVICE. IF COMPANY FURNISHES USER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY GOODS SUPPLIED HEREUNDER AND WHICH IS NOT REQUIRED PURSUANT TO THESE TERMS OF USE, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT COMPANY TO ANY LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

​GOVERNING LAW AND VENUE

All matters relating to the Site, the Content, or these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

The courts having jurisdiction over the State of Delaware shall have exclusive jurisdiction over all disputes arising in connection with these Terms of Use, and the place of performance of these Terms of Use is agreed by you to be the State of Delaware.

ASSIGNMENT

These Terms of Use will be binding upon and inure to the benefit of the parties and their successors and assigns. You may not assign these Terms of Use or any of the rights or licenses granted hereunder.  Any attempted sublicense, transfer, or assignment in violation of these Terms of Use is void.

WAIVER

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Enforcement of these Terms of Use is in our sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us and our successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms of Use; (ii) your violation of any third party’s right, including, without limitation, any copyright, trademark, property right, or privacy right; or (iii) any claim that Content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Site and any termination of these Terms of Use.

MATERIAL INDUCEMENT AND CONSIDERATION

YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THESE TERMS OF USE ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED HEREIN AND FOR PROVIDING YOU WITH ACCESS TO THE SITE.

TERMS OF USE MAY CHANGE

We may modify these Terms of Use from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these Terms of Use from time to time so you are aware of any changes. However, if we make material changes to these Terms of Use, we will notify you either through the email address you have provided us or by means of a prominent notice on the Site before the change becomes effective. Any changes to these Terms of Use will be in effect as of the “Last Updated” date referenced at the top of these Terms of Use. Your continued use of the Site constitutes your binding acceptance to these Terms of Use, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you must not use or access the Site.

ENTIRE AGREEMENT

These Terms of Use, together with any documents expressly referred to in them, including our Privacy Policy, constitute the sole and entire agreement between you and us with respect to the Site and Content, and they supersede all previously written or oral agreements regarding the Site and Content. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. Each party represents and warrants that, in entering into and performing its obligations under this agreement, it does not and will not rely on any promise, inducement, or representation allegedly made by or on behalf of the other party with respect to the subject matter hereof, nor on any course of dealing or custom and usage in the trade, except as such promise, inducement, or representation may be expressly set forth herein. 

AMENDMENT

Company reserves the right, at any time and from time to time, to update, revise, supplement, and to otherwise modify this agreement, and to impose new or additional rules, policies, terms, or conditions, with or without prior notice and for any reason. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this agreement as “Revised Terms”) will be effective immediately and incorporated into this agreement upon Company’s publishing them on the Site, which may be given by any means Company designates, including by posting to the Site. User acknowledges and agrees that User’s continued use of the Site will be deemed to conclusively indicate User’s acceptance of any and all such Revised Terms. All Revised Terms are incorporated into, and made a part of, this agreement by this reference.

SEVERABILITY

If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.

TERM AND TERMINATION

This agreement is effective upon your acceptance of it or on first use of the Site, and it shall continue in effect until terminated in accordance with this section. You may terminate these Terms of Use at any time by closing your account, discontinuing your use of the Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.  We may terminate this agreement at any time by disabling access to the Site or closing your account.

OTHER PROVISIONS

Notice.  Except as otherwise expressly provided herein, notices shall be given under this agreement in writing in the English language, signed by the party giving the same, and shall be given (i) personally (in which case such notices shall be deemed given when so delivered), (ii) by certified or registered U.S. Mail, properly addressed and postage pre-paid, from within the United States (in which case such notices shall be deemed given on the third business day after deposit), (iii) by generally recognized overnight courier, properly addressed and pre-paid, with next business day instruction (in which case such notices shall be deemed given on the next business day after deposit), or (iv) if to User, at Company’s  election, by e-mail (in which case such notice shall be deemed given upon transmission unless Company receives a non-delivery email message within a reasonable time thereafter). Such notices shall be sent to returns@partstown.com and to User at the address for notices or email address designated by User.  Either party may change its address for purposes of notice by written notice thereof to the other party.

Survival.

The covenants herein concerning indemnification, post-termination procedures, and any other provision that, by its nature, is intended to survive this agreement shall survive any termination or expiration of this agreement.

Headings. 

The headings of the sections used in this agreement are included for convenience only and are not to be used in construing or interpreting this agreement.