Effective Date: This Terms of Use Agreement was last updated on May 12, 2009.

This Terms of Use Agreement sets forth the standards of use of the OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) Online Service for Registered Members. By using the OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) www.part-s-mart.com .com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) .com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) is providing Member with online access to parts. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) shall have no liability for any interruptions in the use of this Website. OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) SHALL NOT be liable for any damages whatsoever, and in particular OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if OCFB Enterprises LLC d.b.a. Part-S-Mart(.com)has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold OCFB Enterprises LLC d.b.a. Part-S-Mart(.com), its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Members Account

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of OCFB Enterprises LLC d.b.a. Part-S-Mart(.com).

6. Modifications and Interruption to Service

OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) reserves the right to modify or discontinue the Service with or without notice to the Member. OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) shall not be liable to Member or any third party should OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) exercise its right to modify or discontinue the Service. Member acknowledges and accepts that OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts

Our website is operated and provided in the State of Missouri. As such, we are subject to the laws of the State of Missouri, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Missouri.

10. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) .com, will all rights reserved, or is the property of OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of OCFB Enterprises LLC d.b.a. Part-S-Mart(.com).

OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) and part-s-mart.com™ are proprietary marks of OCFB Enterprises LLC d.b.a. Part-S-Mart(.com).com. OCFB Enterprises LLC d.b.a. Part-S-Mart(.com)’s trademarks may not be used in connection with any product or service that is not provided by OCFB Enterprises LLC d.b.a. Part-S-Mart(.com), in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OCFB Enterprises LLC d.b.a. Part-S-Mart(.com).

All other trademarks displayed on OCFB Enterprises LLC d.b.a. Part-S-Mart(.com)’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with OCFB Enterprises LLC d.b.a. Part-S-Mart(.com).

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) .com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

OCFB Enterprises LLC 300 E 4^th St. Freeman, MO 64746-9717

By Telephone: 816-272-1429

By Email: gary@part-s-mart.com

13. Botnets

OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, OCFB Enterprises LLC d.b.a. Part-S-Mart(.com) reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by OCFB Enterprises LLC d.b.a. Part-S-Mart(.com), in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

RETURNS

We do not accept returns on electrical items. Electrical items constitute any item that connects to or is controlled by an electrical voltage/current in any manner.

We encourage all customers to be sure that the part they are ordering is the part that is truly needed as electrical problems can be troublesome to confirm and many times manifest in bad connections and/or grounding issues.

On all other items, if they were never installed (final determination of the part being installed is solely at the discretion of Part-S-Mart) all returns are subject to a minimum 25% restocking fee and must be have a Return Goods Authorization number assigned and included with any return. Returns must be in the original packaging, resellable and undamaged. We make final determination as to suitability for resale and/ or issuing credit for returned items.

Credit will not be issued on any returned part unless a Return Goods Authorization number is included with the returned part.

If an item was shipped wrong, the correct item will be shipped out as soon as the incorrect part is received back.

If you receive your item damaged in shipping we will ship a replacement item once we receive the damaged item back. We do not refund shipping charges on damaged items unless we receive a credit back from the shipper. Damage claims need to be filed with the shipping company and any visible damaged noted upon receipt of the package. All damage claims subject to the carrier's liability.

If an item is defective, we will issue a RGA for you to return the item. You will need to give specific details as to the problem with the defective item. You will need to order a replacement if you need one right away. We will issue credit for the defective item within 2 days of our receipt of credit for the defective item from the warranting facility/company. In the event that the warranting facility or we find that the product was not defective or was improperly installed, abused, misused, mistreated or was not the part originally sent, we will not issue credit and will notify you of the findings and hold the part. We do not refund shipping or freight charges on defective parts.

RGA's are valid only for two (2) weeks after being issued. Any Item returned after the two week period will not be accepted. RGA items MUST be returned promptly in order to receive any credit.

WE DO NOT REFUND SHIPPING OR FREIGHT CHARGES ON ITEMS THAT HAVE BEEN SHIPPED.