MotoSport Contest Rules
MotoSpace - MotoSport Rider Community is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The service is operated by MotoSpace - MotoSport Rider Community. By using the MotoSpace - MotoSport Rider Community Website you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the MotoSpace - MotoSport Rider Community services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service.
MotoSpace - MotoSport Rider Community may modify this Agreement from time to time and such modification shall be effective upon posting by MotoSpace - MotoSport Rider Community on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes MotoSpace - MotoSport Rider Community's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and MotoSpace - MotoSport Rider Community's Privacy Policy.
Please choose carefully the information you post on MotoSpace - MotoSport Rider Community and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other MotoSpace - MotoSport Rider Community Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and MotoSpace - MotoSport Rider Community assumes no responsibility nor liability for this material.
MotoSpace - MotoSport Rider Community reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without lability.
By participating in any offline MotoSpace - MotoSport Rider Community event, you agree to release and hold MotoSpace - MotoSport Rider Community harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline MotoSpace - MotoSport Rider Community event.
Terms of Service for MotoSport.com
Last Updated: July 2008
Welcome to motosport.com ("Website"). This Website (as well as the other Internet domains owned by us that direct traffic to motosport.com) is owned and operated by MotoSport, Inc. ("Company," "we," or "us"). In addition to the content on the Website, the Website provides you with various shopping, e-commerce and community services ("Services"). BY USING OUR WEBSITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Website, you agree to such terms and conditions.
The information contained in this Website is solely for use by residents of the United States, its territories, possessions and protectorates. If you access this Website from outside the United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live.
1) Use of this Website.
Company hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Company's prior written authorization; (iii) you will not alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. Company may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Website without notice and liability, if, in Company's sole determination, you violate any of the Terms of Service.
2) Copyright and Ownership.
All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download Content found on our Website for personal, informational, and noncommercial purposes only. Except as expressly permitted by Company, you may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted Content that is available on the Website. For purposes of these Terms of Service, the use of any such Content on any other Website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, service mark, or other proprietary notices from material found on the Website.
3) Trademarks.
All trademarks, service marks and trade names of Company used herein (including but not limited to the Company name and corporate logo) (collectively "Marks") are trademarks or registered trademarks or service marks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Company's prior written consent. The use of the Marks on any other website or network computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website without prior written approval from the Company (for instance, participation in our affiliate program). All the Marks used on this website, including the trademarks Harley-Davidson® and H-D®, are all trademarks of their respective owners. Reference to any product, process, service, or offering of any third party by trade name, trademark, manufacturer or otherwise is for reference purposes only, and does not necessarily constitute or imply (i) the endorsement or recommendation of such by Company, (ii) that Company is an authorized dealer of such third party, or (iii) that such third party products are manufactured or sold by Company.
4) Intellectual Property Infringement Claims.
MotoSpace - MotoSport Rider Community Company will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively, "Copyright Law"). If you own the copyright of any works displayed on the Website, or are the agent of the copyright owner, and believe the Website violates your intellectual property rights, please provide the Company's copyright agent with a notice (a "Copyright Notice") that includes the following information: (a) a description of the copyrighted work that you believe has been infringed and enough information that will allow Company to locate that work (e.g., the URL where that work is posted or the author and name of the book in which that work was originally published); (b) the location on the Website of the work that you believe infringes the copyright owner's work and that you are asking Company to remove from the Website; (c) enough information to contact you such as your name, address, telephone number and email address, and if different, the name, address, telephone number and email address of the copyright owner; (d) a statement that you have a good faith belief that Company's use of the copyrighted work in the described manner is not authorized by the copyright owner, its agent or applicable law; (e) a statement that, under penalty of perjury, all information in your Copyright Notice is accurate and that you are the copyright owner or authorized agent of the copyright owner; and (f) your signature (either electronic or physical). Upon receipt of a Copyright Notice that contains the information described in Section 2(a) through (f), Company will act to promptly evaluate your claim of infringements and will take whatever action is required by the applicable Copyright Law, which may include removing or disabling access to any infringing works. Send Copyright Notices to Company's copyright agent at:
c/o Motosport Inc.
7655 SW Mohawk St.
Building C
Tualatin, OR 97062
Attention: Martin Day
Telephone: (503) 783-5600
Fax: (503) 783-1739
privacy@motosport.com
Please include the word "Copyright" in the subject line for each Copyright Notice sent via email or regular mail. Only Copyright Notices should be sent to Company's copyright agent. Send all other questions and comments to sales@motosport.com.
5) Products, Content and Specifications.
All features, Content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at all times. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated. All products offered on this Website are intended and sold for aftermarket use only. All part numbers and corresponding printed matter, as well as all use of motorcycle model numbers, are not intended to imply that any of these parts are original equipment of, or endorsed by, such motorcycle manufacturer. All parts listed on this Website are from independent aftermarket sources. Even though these products may have brand names inserted, the use of such brand names is intended for brand identification and reference purposes only. Any terms and conditions contained on product information pages on the Website, including for example the terms and conditions pertaining to MotoSport Gift Certificates, are incorporated into this Terms of Service by reference. Your use of the Website and your purchase of any product or service through the Website is your acceptance of any applicable product terms and conditions.
6) Orders; Payment Terms; Interest.
Orders are not binding upon Company until accepted by Company. Company reserves the right to refuse service to anyone. Terms of payment are within Company's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Company may invoice parts of an order separately. You agree to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. In the event of a payment default, you will be responsible for all of Company’s costs of collection, including court costs, filing fees and attorney’s fees.
7) Fees; Taxes.
For all charges for any products and services sold on the Website, Company will bill your credit card or accept alternative payment method authorized by Company. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website. You are responsible for, and will indemnify and hold Company harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. You must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped.
8) Shipping Limitations.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website located at MotoSport.com shipping policy. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
9) Accuracy of Information.
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. If there is an error with your order or with any information on this Website, we will work diligently to try to correct that error and provide you with a satisfactory result.
10) Other Terms May Apply to this Website.
A) Promotions, Contests and Sweepstakes.
We will occasionally offer sales promotions, contests, and sweepstakes where you will have an opportunity to obtain a gift with a purchase or win a prize. These promotions, contests and sweepstakes will often have additional terms and conditions associated with them which we will link to or note prominently with the promotion, contest or sweepstakes.
B) Third Party Service Providers.
We may allow third parties to offer other services on the Website (such as the "Bill Me Later" service) that have additional or separate terms and conditions associated with them, which we will link to or note prominently in connection with those services. Please review those third party terms and conditions carefully before using the services.
11) Third Party Websites; Linking.
A) Linking to this Website.
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any Content on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations. If you want to obtain permission to maintain a link, follow the instructions of our affiliate programs.
B) Links to Other Websites
From time to time, this Website may contain links to websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
12) Accounts; Account Security.
In order to receive some Services or access the Forums, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely 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 security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) in accordance with our Privacy Policy. Please note that anyone able to provide your account information will be able access your account so you should take reasonable steps to protect this information.
13) Your Participation in and Postings on Forums.
A) Discussion Groups and Social Networking Services.
"Forum" means a discussion group, chat area, social networking service or any other bulletin board or email function provided by the Website in which visitors post or otherwise contribute information (including without limitation "MotoSpace" and "Ask & Answer"). By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in this Section.
B) Transmissions.
You will own all messages, material, information and ideas you transmit to or post on the Website (each, a "Transmission"), including without limitation on any Forum; however, you grant (or warrant that the owner of the rights to the Transmissions has expressly granted) to Company a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display those Transmissions and to incorporate the Transmissions into any other works in any form, media or technology now known or developed in the future, and Company may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services, and you warrant that all "moral rights" in those Transmissions have been waived. Company will treat Transmissions as non-confidential and non-proprietary; however, Company will handle all personal data provided to Company in the manner provided in Company's Privacy Policy. By sending any Transmission to the Website, you agree that the Transmission does not:
- violate any law, regulation or third party right;
- contain any vulgarity, nudity, pornographic or other adult material;
- contain any harmful, abusive, racially or ethnically offensive material;
- contain any obscenities or material that libels, slanders, threatens, harasses or defames any person, facility, company, organization, or product;
- invade the privacy of any person, infringe the copyright, trademark, trade secret right or other proprietary rights of any person, or constitute an unfair or improper trade practice or other wrongful business conduct;
- contain any instructions or discussions about illegal activities;
- encourage or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promote or utilize software or services designed to deliver unsolicited e-mail ("spam") or to circumvent protective technologies in violation of law.
- provide material that exploits people under the age of 18 in a sexual or violent manner, or solicit personal information from anyone under 18; or
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
Any violation of the foregoing may subject you and your agents to civil and criminal penalties. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity, or other information, of anyone posting such materials.
14) Information Control; Monitoring.
The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. Company does not represent or warrant the reliability, accuracy or truthfulness of that content. User published Content does not represent the views of Company or any individual associated with Company, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Company's endorsement of user published Content. Company does not vouch for the accuracy or credibility of any user published Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Website. Through your use of the Website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks. Although Company is not obligated to do so, it may monitor Transmissions posted on the Forums. Because Company does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to us at sales@motosport.com.
15) Access and Interference.
You agree that you will not (i) use any robot, spider, scraper or other automated means to access the Website for any purpose; (ii) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iv) bypass any measures we may use to prevent or restrict access to the Website; (v) probe, scan, or test the vulnerability of any system or network related in any way to the Website, without proper authorization; (vi) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (vii) upload invalid data, viruses, worms, or other software agents through the Website; (viii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or (ix) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
16) Force Majeure
Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
17) Privacy
Your use of our Website and Services is subject to our Privacy Policy. Please read our Privacy Policy at MotoSport.com privacy policy.
18) DISCLAIMERS
Your use of this Website is at your risk. THE CONTENT, INFORMATION, PRODUCTS, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, CONTENT OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. YOU ACKNOWLEDGE AND AGREE THAT THERE IS A HIGH RISK OF INJURY WHEN PARTICIPATING IN MOTOR SPORTS AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PERSONAL INJURY RESULTING FROM THE USE OF THE PRODUCTS AND SERVICE PURCHASED ON OR THROUGH THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THE FORGOING DISCLAIMERS ARE A MATERIAL CONDITION TO ENABLE COMPANY TO OFFER PRODUCTS AND SERVICES THROUGH ITS WEBSITE. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
19) LIMITATIONS OF LIABILITY
Company assumes no responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, CONTENT OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE HERE (http://www.motosport.com/about/returns.html). IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) FIFTY DOLLARS ($50.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE.
20) Indemnity.
You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Service by you or your authorized users, or in connection with the use of the Website or the Internet or your purchases or the placement or transmission of any Transmission or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.
21) Release
In the event that you have a dispute with one or more other users of the Website, you release Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
22) Termination
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
23) General
Any claim relating to, and the use of, this Website and the Content contained herein is governed by the laws of the State of Oregon, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from use of the Website shall be decided exclusively by a court of competent jurisdiction located in Multnomah County, Oregon. You consent to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon. In no event will these Terms of Service or any claims, disputes or controversies in connection with these Terms of Service or the Website be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods. These Terms of Service give you specific legal rights, and you may also have other rights which vary from state to state. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Content on the Website is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure of any Content by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Content by the United States Government constitutes its acknowledgment of Company's proprietary rights in them.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service, any rights and licenses granted hereunder, and all incorporated agreements may be assigned by Company in its sole discretion without restriction, but may not be assigned by you. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Sections 2, 3, 5, 7, 12, 13, 15, 18, 19, 4, 5, and 7, and any other provisions that expressly or by their nature should survive, shall survive any termination or expiration of these Terms of Service.
24) No Waiver
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
25) Additional Assistance
If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact our Customer Service Department by email at sales@motosport.com or by phone at 1-888-676-8853.
26) Copyright Notice
All Website Content, including design, graphics, text selections, arrangements, and all software are Copyright © 2004-2008, MotoSport, Inc. ALL RIGHTS RESERVED.
27) Ability to Accept Terms of Use
By your use of the Website, you affirm that you are fully able and competent to enter into the terms, conditions, and obligations set forth in these Terms of Service. You may not use this Website if you are under the age of thirteen or if your use is prohibited by law in your jurisdiction.
28) Opt-Out
We may use your information to notify you of important changes to the Website or Services, or provide you with our email newsletter or special offers. If you do not want to receive such information, you may use the following options to opt out of receiving future communications:
- Send an email to sales@motosport.com with the word "Remove" in the subject field; or
- Send mail to the following postal address:
Attn: Remove
MotoSport, Inc.
7655 SW Mohawk St.
Tualatin, OR 97062
Opting out may prevent you from receiving email messages regarding updates, improvements, newsletters, or special offers.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
