Terms and Conditions

Updated March 25, 2021

All Fiaraa Users. These terms and conditions, ("Terms of Service") govern your access to and the use of Fiaraa, LLC ("Fiaraa," Company, we, or us) products, software, services, mobile applications, mobile site, and website (collectively "Services"), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively "Content"). (as applicable FIaraa, We, Our, or Us). By accessing the services, You agree to be bound by this agreement, and any additional terms referenced herein, including Our Privacy Policy which sets out the terms in which We process any personal data collected from You, or provided to Us. If You do not agree to this Agreement, or any additional terms referenced herein, You must not access the Service. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent.

Wherever used in these Terms of Service, "you," "your," or similar terms mean the person and/or legal entity utilizing or accessing the Services. By accessing, using, testing, or downloading the Services, you are agreeing to be bound by these Terms of Service and agree that you are 18 years of age or older and are fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.

The term use and variations thereof mean and include access, interaction, sending and receiving information, downloading and uploading, posting, browsing, making purchases or sales (if applicable), obtaining or providing customer service and engaging in any other activity or using the features and functions of the website, as a visitor, supplier, registered user, or otherwise.

"Fiaraa" may update and change this Agreement from time to time and without prior notice, although we will generally make reasonable attempts to communicate substantial changes when possible. Continued use of the Service after any such changes shall constitute your consent to those changes. You are responsible for regularly reviewing the most current version of the Agreement as outlined here. We may also, in the future, offer new services and/or features (including the release of new tools and resources) and such new features, Services and/or Content, will be subject to this Agreement.

Do not use the Services if you do not agree to be bound by this Agreement or if any of the above statements are untrue.

PURPOSE AND USE
We do not directly buy or sell parts, or provide dismantling services. The platform serves as a digital marketplace, intermediary and a bridge between buyers and sellers, allowing buyers to find used auto parts from individuals, recyclers, mechanics, third party suppliers with whom you may enter into a separate agreements to buy parts. Fiaraa is NOT involved in the actual transaction between buyers and sellers, as we operate simply as an information exchange, linking parts searches with sellers of those parts. We exercise no control over the quality, safety, or legal aspects of any transaction that takes place. All users agree to hold us harmless from and against any and all liability or responsibility with respect to any such transactions, and any disputes that may arise with respect to them.

We are not obligated to investigate suppliers prior to permitting them to post information through the Services, though we reserve the right to, and we accept no liability for any suppliers information or their performance or breach of their obligations to any buyer.

This Agreement applies to all FIaraa services, including the Fiaraa mobile app (on any and all formats or devices), and the websites located at https://www.fiaraa.com (collectively, the Service(s)). The Service provides an online digital marketplace where Users can list and sell items (“Items” ). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Fiaraa is not a party to such sale or purchase.

There are risks that you assume when dealing with others, and these risks are borne by You alone, and not Fiaraa. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service. To access, use and/or download any Services and Content from Fiaraa, you agree that you are authorized to sell auto parts in all state(s) in which you conduct business;

You must have the means of selling auto parts lawfully according to the laws and restrictions of your state and/or county;

The Company is not involved in the actual transaction between you and buyers and exercises no control over the quality, safety, or legal aspects of any transaction that take place. You are required to use best business practices when working with the buyers.

There may be other requirements not listed which will be noted by Fiaraa at the time of registration.

REGISTRATION
You are responsible for Your use of the Service, and any use of the Service made using Your account. The personal information You provide to us is governed by the Privacy Policy . You acknowledge Fiaraa may establish policies and practices concerning use of the Service, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices in Fiaraa business interest. You further acknowledge that Fiaraa reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Service is not available to minors (people under the age of majority in their state or province of residence), except in the limited circumstances outlined in our Privacy Policy. If You are under the age of 16, please see our Privacy Policy. The service is not available to temporarily or permanently suspended members of the Service. Fiaraa reserves the right to refuse access to the Service, or terminate the account of any User, at its sole discretion and for any reason or no reason at all. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security.

Through access to your account, you may be able to customize some of your Content that is displayed publicly on our website. All additions, revisions, uploads, and deletions of your Content through your account will display on the website immediately.

Fiaraa will not be liable for any loss or damage arising from your failure to comply with this Section. Fiaraa will not be held liable or responsible for any unauthorized activity on your account as a result of another person using your account.

USE OF PERSONAL INFORMATION
You may be required to complete certain fields when accessing our Services. We will handle any personal information you submit in such fields in accordance with our Privacy Policy.

WEBSITE
Our website is proprietary to the Company, which either owns or has the right to use all names, logos, brands, trade names, service, and trademarks that appear on the website, as well as all of the icons, characters, artwork, designs, images, graphics, music, games, text, software, databases, and all copy rightable or otherwise legally protected elements of the website, including, without limitation, the selection, sequence, 'look and feel,' and arrangement of items ("Content") and all programming, codes, scripts in any form, and format associated with or applicable to the Website ("Code"). All Content and Code are included within the meaning of the term “website,” and the website is protected by copyright and other intellectual property laws. We require users to respect all laws and regulations that apply to our website just as we respect the rights of others. We will act expeditiously to remove content on the website that we are notified infringes the copyright of others and, without limiting our remedies or actions, we have the right to block and disable use of our website by anyone who infringes the rights of others or violates this Agreement. We may employ multiple measures to prevent infringement on our website and attempt to end any infringement when it comes to our attention.

USAGE OF OUR WEBSITE
We may remove any data submitted to or accessed by us for any or no reason, in our sole discretion;

do not perform any verification on buyers who use our website, and as such, we accept no liability for any buyers' breach of their obligations a supplier. We cannot ensure that a buyer will actually complete a transaction;

If a supplier enters into a transaction with a buyer, you are responsible for dealing with the buyer in good faith, and making every effort to complete the transaction in a commercially reasonable manner;

Suppliers are directly responsible to the buyer for all warranties if any, and for any refunds, credits or adjustments to a transaction, in accordance with your agreement with the buyer, all of which you will make in a timely manner. You agree to hold us harmless and indemnify us from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including, without limitation, reasonable attorneys fees, arising as a result of or in association with such transactions;

Users will comply with all applicable laws in the use of our website and in carrying out any transactions with each other;

You obtain no other rights, interest, or claim to the website or any aspect of the website at all;

You may not use manual or automated means, including spiders, robots, crawlers, data mining tools, or the like, to download, copy, collect, or scrape any data (including supplier data) or content from our website or Services;

You may not copy, display, distribute, perform or create derivative works of our website, Services or any Content or data posted;

You may not attempt to gain unauthorized access to computer systems owned or controlled by us, other users, suppliers, or other third parties, or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance of, or impairs the functionality of our website or Services;

You will not use the website or Services in any manner that could damage, disable, overburden, impair, or interfere with any other party's use and enjoyment of the website or Services.

You may not create links to other websites, or “deep link” into our website;

You represent and warrant that your use of the website will comply with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and your use of the website or Services will not infringe or misappropriate the intellectual property rights of any party.

THIRD-PARTY SERVICES, CONTENT, MATERIAL AND WEBSITES
Fiaraa may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, "Third Party Service(s)") which may also provide to You links to sites, email and telephone correspondence and other offers outside of the Fiaraa network. Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Fiaraa network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Fiaraa is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services. The Service may provide you with access to YouTube through an application programming interface, or API. To the extent you access or use YouTube's services through the API you acknowledge and agree to abide and be bound by, the YouTube Terms of Service (https://www.youtube.com/t/terms)

Fiaraa will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that Fiaraa does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although Fiaraa reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.

CONDUCT
Disputes between you and the Company regarding our services should be reported to us immediately. We will attempt to resolve any disputes in good faith. Because we are strictly an intermediary marketplace information service platform, we are not responsible for resolving any disputes between a buyer and supplier regarding services.

If a dispute has been reported to us by a buyer, we will make an effort to help both parties communicate; however, all disputes must be resolved directly between the buyer and supplier. Continued reported disputes concerning the same supplier may result in termination of our Services to the supplier.

PAYMENT TERMS
There is a monthly subscription fee applicable to all services provided by Fiaraa. All purchases are subject to the following payment terms:

All plan purchases must be made with a valid credit card. We do not accept any other form of payment;

Upon purchasing a plan or at the end of a free trial, you will automatically be billed monthly starting on the 30th day after your most recent purchase. If you cancel your plan before the 30th day of your billing cycle, you will not be charged and may continue to use the Service as normal until that date; A 30 day notice is required for cancellation.

Billing cycles will vary for everyone based on the date of purchase;

All purchases made prior to cancellation including the subscription amount for the month in which the cancellation occurs, shall be nonrefundable;

Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days notice from the Company. Such notice may be provided at any time by posting the changes on our website;

Fiaraa shall not be liable to you or to any third party for any change to the Services, price change, suspension, or discontinuance of the Services.

FREE TRIALS
To activate a free trial, a valid credit card may be required. All payment terms extend to free trials. After your free trial ends, your subscription will commence and your credit card will be charged the full subscription amount on a monthly basis unless you cancel prior to the billing date. If you wish to end your subscription, send us email to subscription@fiaraa.com or call us at (XXX) XXX-XXXX.

FAILED PAYMENTS
We understand, that at times, payments may not go through. After the initial attempt to collect payment, we will re-attempt on each third day for the duration of ten days for the original amount from the date of the first failed payment. If you're unable to successfully resolve any billing issues within that time, our Services to you will be terminated.

INTELLECTUAL PROPERTY RIGHTS
You acknowledge the Service contains images and descriptions that are third party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Fiaraa retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Fiaraa intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Fiaraa Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Fiaraa. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Fiaraa.

INFRINGEMENT POLICY
Fiaraa respects the intellectual property of others and ask that our Users do the same. Although Fiaraa is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent with the following information:

(1) confirmation you are owner, or authorized to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe use of the work is not authorized. If you work is removed due to infringement and You believe it is not infringing, please provide our Copyright Agent with (a) confirmation you are owner, or authorized to represent owner of intellectual property (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information and a consent to submitting to federal courts located in Wyoming and a statement to accept service of process regarding the alleged infringement. Fiaraa will endeavor to resolve counter-notices in 10 to 14 business days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. Please contact our Copyright Agent at support@fiaraa.com (Subject line: Takedown Request), or through mail:

BREACH AND TERMINATION
Although we don't want to see you go, if you decide to leave us and cancel your account, you are solely responsible for doing so properly through your personal dashboard. Your cancellation will take effect immediately, and we will remove all of your Content from the Services reasonably promptly after cancellation. Once you cancel your account, your Content cannot be recovered. We do not accept any responsibility for loss of Content due to account cancellation.

The Company may suspend, terminate, or restrict your access or use of our Services for any reason and at any time including, but not limited to, a suspicion arising that you engaged in any fraudulent activity, willfully violated this Agreement, or manipulated the Services, sale process or communications. We may pursue a claim for damages against you in any forum we deem appropriate as this may cause the Company irreparable damage.

Upon termination of this Agreement, you shall cease all use of the Services.

RELEASE OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FIARAA.COM BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS WHICH YOU MAY INCUR OR EXPERIENCE ON ACCOUNT OF USING ANY OF FIARAA.COM'S WEBSITES (INCLUDING, WITHOUT LIMITATION, THE FIARAA.COM WEBSITE) OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FIARAA.COM WEBSITE SERVICE), REGARDLESS OF WHETHER THE ACTION LIES IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF FIARAA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, YOU AGREE THAT FIARAA.COM'S MAXIMUM AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES RELATING TO THE USE OF OUR FIARAA.COM WEBSITE AND/OR ANY FIARAA.COM WEBSITE SERVICE IS LIMITED TO THE LESSER OF: (A) THE TOTAL FEES PAID FROM YOU TO FIARAA.COM IN THE IMMEDIATELY PRECEEDING SIX (6) MONTHS IN ORDER TO USE THE FIARAA.COM WEBSITE AND/OR ANY FIARAA.COM WEBSITE SERVICES; OR (B) ONE THOUSAND DOLLARS ($1,000). THE LIMITATION DESCRIBED ABOVE IS CUMULATIVE, WITH ALL PAYMENTS WITH RESPECT TO THIS AGREEMENT FOR CLAIMS OR DAMAGES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT, AND THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMITATION ON AMOUNT. FURTHERMORE, FIARAA.COM SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS BEYOND ITS CONTROL, INCLUDING, WITHOUT LIMITATION, ANY PROBLEMS WITH ITS INTERNET CONNECTION OR INTERNET SERVICE PROVIDER.

YOUR OBLIGATION TO INDEMNIFY US
You agree to indemnify and hold us and our suppliers, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claims, demands, liabilities, damages, costs and/or expenses (including, without limitation, attorneys' fees and any costs to defend) that we incur as a result of: (a) your breach of this fiaraa.com Website User Agreement; (b) your use of our fiaraa.com Website or any of the information or content contained on the fiaraa.com Website (including, without limitation, the data derived from searches on our site); and/or (c) your use of any fiaraa.com Website Service (including, without limitation, searching the parts displayed by parts sellers on our fiaraa.com Website).

POSTINGS
Portions of our Services may provide you with the opportunity to submit, post, display, transmit, exchange or otherwise make available information, opinions, testimonials, questions, send-a-friend emails, comments, messages, photographs, audio, video, or any other material or content, each a posting. By posting to the Services, you grant us all rights and license to use your posting, in any form, in whole or in part, in or on any and all media, whether now known or hereafter invented, discovered or devised, alone or together or in combination with other things. You forever waive and relinquish all rights, including moral rights, if any, applicable to your posting and if you post anything, you agree to any additional terms and conditions that may apply and that you are required to agree to in the process of obtaining the right to post on our Services. Please be careful what you post and do not post anything you do not want to become public. You represent and warrant that each posting:

is original to you or you have obtained all required rights, licenses and releases required to comply with the terms of this Agreement, including, without limitation, the rights granted to us;

does and will not, violate this Agreement nor infringe upon, misappropriate or violate the rights of any other party or any law or regulation;

is not harassing, obscene, or otherwise unlawful, nor intended to injure, defame or cause damage or hurt of any kind to any other party; and may be used by us as permitted in this Agreement, without notice, royalty or any other payment, liability or obligation of any kind whatsoever.

Postings are the sole responsibility of the person creating such posting, and a posting made using your identifying information or coming from your internet protocol address will be attributable to you and you will be responsible, even if you personally did not make the posting. Postings do not reflect the views of the Company or any of our affiliates but we do reserve the right (although we have no obligation), to monitor, edit or screen postings. We also reserve the right to delete, re-format and/or change your postings in any manner that we may determine (although you will not be responsible for any such changes made).

Without limiting our remedies or rights of action in any manner, if we determine you have or may breach this Agreement, we may, without notice, at any time and from time to time refuse to allow you to post, revoke your right to use the Services, and/or use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement.

GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Wyoming without regard to conflict of law provisions. This Agreement shall not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

NON-SOLICITATION
During the term of this Agreement, you agree not to solicit to hire or hire any of our employees of whom you become aware through the use of our Services. Furthermore, you agree not to otherwise interfere with any of our other business relationships.

RECORD KEEPING
We reserve the right to keep records of any and all transactions and communications in connection with all users of our Services for administration or other purposes.

COMPLETE AGREEMENT
This fiaraa.com Website User Agreement constitutes the entire agreement between you and fiaraa.com with respect to your use of our fiaraa.com Website and/or any fiaraa.com Website Service. This fiaraa.com Website User Agreement supersedes any other agreements, advertisements, writings, descriptions or communications of any nature whatsoever regarding the terms upon which you may use our fiaraa.com Website and/or any fiaraa.com Website Service (including, without limitation, any telephone or email communications that you may have had with any employee or agent of fiaraa.com and anything contrary to the terms set forth in this fiaraa.com Website User Agreement set forth elsewhere on our fiaraa.com Website).