PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE THAT THE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS WEB SITE. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These Terms and Conditions of Use (these “Terms”) apply to this website (this “Site”). This Site is owned, operated, licensed or controlled by Motorcycle USA, LLC, an Oregon limited liability company (“Motorcycle USA”).
1. Agreement to Terms and Conditions. By accessing, visiting and/or using this Site, you, the user, (a) acknowledge that you have read and understand these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Site. Motorcycle USA may change these Terms at any time by posting the change to this Site. Please check these Terms periodically for changes. Your access or use of this Site after these Terms have been changed will mean that you agree to be bound by those changes. The date these Terms were last modified is set forth at the end of these Terms.
2. Intellectual Property Infringement Claims. Motorcycle USA 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 this Site, or are the agent of the copyright owner, and believe the Site violates your intellectual property rights, please provide the Motorcycle USA 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 Motorcycle USA 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 Site of the work that you believe infringes the copyright owner’s work and that you are asking Motorcycle USA to remove from the Site; (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 Motorcycle USA’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), Motorcycle USA 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 Motorcycle USA’s copyright agent at:
Motorcycle USA, LLC
1575 E. McAndrews Road, Suite 100
Medford, OR 97504-5591
Telephone: (541) 618-4982
Fax: (541) 618-7387
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 Motorcycle USA’s copyright agent. Send all other questions and comments to email@example.com.
3. Security Rules. You agree not to violate or attempt to violate the security of this Site, including without limitation, (a) accessing data that is not intended for your use; (b) using any other person’s username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to this Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
4. Restriction on Use of Materials. The materials that are included in or displayed on this Site, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for this Site, and other materials (collectively, the “Materials”) include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by Motorcycle USA. Without Motorcycle USA’s prior written permission, you may not (a) use the Materials on any other Website or in any advertising or publicity or for any other commercial purpose; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for you personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
5. Trademarks and Service Marks. “Motorcycle USA”™ is a service mark of Motorcycle USA, LLC. All other marks that appear throughout this Site belong to Motorcycle USA or to others and are protected by United States and international copyright and trademark laws. Any use of any marks appearing in this Site without the express written permission of Motorcycle USA is strictly prohibited.
6. Your Participation in and Postings on Forums.
6.1 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 this Site in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in this Section 6.
6.2 Registration Information. If you are required to register in order to participate in a Forum, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or chose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation (i.e., buy.motorcycles.from.me).
6.4 Member Profiles. Your profile will be available to all visitors of the Forum. Do not include in your profile, give out to others or display in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number or password creates safety risks and may result in unsolicited communications.
6.5 Monitoring. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. Motorcycle USA does not represent or warrant the reliability, accuracy or truthfulness of that content. Although Motorcycle USA is not obligated to do so, it may monitor Transmissions posted on the Forums. Because Motorcycle USA does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to us at firstname.lastname@example.org or as described on every Member Profile page in the Forum.
7. Nature of Information Provided by Motorcycle USA. The information contained on this Site has been collected and/or prepared by Motorcycle USA as a service to its visitors. While Motorcycle USA has used reasonable efforts to verify that the information on this Site is useful to its visitors, Motorcycle USA does not warrant or guaranty its accuracy or timeliness. You agree not to disclose or otherwise make public (e.g., on any Forum or anywhere else on the Internet) any communications Motorcycle USA sends you concerning your participation in any Forum or any related matters.
8. General Disclaimers of Warranties. All information and other Material, whether included in a Forum, in a directory, or in any page of this Site, is provided “AS IS” and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Motorcycle USA disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, title and non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Motorcycle USA does not warrant that use of this Site will be uninterrupted or error free, that defects will be corrected or that this Site, any Materials or any server(s) used by Motorcycle USA are free from viruses or other harmful components. Motorcycle USA does not make any representations regarding the use, validity, correctness, accuracy, reliability or truthfulness of this Site, any Materials or any sites linked to or from this Site.
9. Ads, Directory and Linking Disclaimers and Warning. Motorcycle USA sells advertising space to motorcycle related companies and other persons who provide goods and/or services (“Advertisers”) and this Site may include links to Websites owned and operated by others (“Third Party Websites”). The directory listings, ads, and Third Party Websites are generally created and owned by Advertisers or other parties and are the responsibility of those persons and not of Motorcycle USA. Consequently, Motorcycle USA cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any ads, directory listings or Third Party Websites. Although Motorcycle USA may periodically attempt to verify the accuracy of ads, directory listings and Third Party Websites, Motorcycle USA will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the ads, the directory listings or the Third Party Websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories and ads included in this Site and in any Third Party Websites. You bear all risk associated with the information in this Site, including all ads, directory listings, and Third Party Websites, and your use of any such information is subject in all respects to these Terms. Motorcycle USA reserves the right to terminate any links to other sites without notice.
10. Limitation of Liability; Release and Indemnity. Under no circumstances, including without limitation negligence, will Motorcycle USA be liable for any direct, indirect, special, incidental or consequential damages, including without limitation, use of or reliance on the Site, the Materials or the Transmissions, interruptions, errors, defects, mistakes, omissions, deletion of files, delays in operation or transmission, nondelivery of information, disclosure of communications, loss of use, loss of data, or lost profits, arising out of the use or inability to use this Site, the Materials or the Transmissions, even if Motorcycle USA has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential and incidental damages, so the above limitation or exclusion may not apply to you. If your use of this Site, the Materials or the Transmissions results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. In addition, by accessing or using this Site, you agree that Motorcycle USA’s maximum aggregate liability to you for all claims arising from accessing or using this Site, the Materials or the Transmissions is limited to the greater of (a) the amount you paid for the course giving rise to the claim; and (b) $50. You release and waive any and all claims and/or liability against Motorcycle USA arising from or in connection with your use of this Site, the Materials or the Transmissions. You also agree to indemnify, defend and hold harmless Motorcycle USA from and against any and all claims or liability, including costs and attorney fees prior to and at any trial or arbitration proceeding, and in any post judgment proceedings, arising from your in connection with your use of the Site, the Materials or the Transmissions or failure to abide by applicable law.
11. No License. Except as expressly provided otherwise in these Terms, nothing in this Site, including these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials or Transmissions without the prior written permission of the owner of the Materials or Transmissions.
12. Taxes. Unless you provide Motorcycle USA with a valid and correct tax exemption certificate applicable to any goods or services provided by Motorcycle USA or through this Site, you, the user, will be responsible for all sales and other taxes associated with those goods and/or services, however designated, except for Motorcycle USA’s franchise tax and taxes on Motorcycle USA’s net income.
13. United States Government Restricted Rights. The Materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of Motorcycle USA’s proprietary rights in them.
15. Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and this Site will be governed by the internal laws of the State of Oregon without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or this Site be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods. These Terms give you specific legal rights, and you may also have other rights which vary from state to state.
16. Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against Motorcycle USA, its agents, employees, affiliates, successors and assigns (collectively, the “Motorcycle USA Affiliates”), relating to these Terms and/or this Site will be resolved by binding arbitration administered by the Arbitration Service of Portland (the “ASP”) under its arbitration rules then in effect or if it is unavailable for any reason, by the American Arbitration Association under its Commercial Arbitration Rules. You may obtain a copy of the ASP rules by writing to the ASP at 620 SW 5th Avenue, Portland, Oregon 97204, sending a request via email to email@example.com or via telephone at 1-503-226-3109. Any arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between you, the user, and Motorcycle USA. The arbitration will be conducted in Portland, Oregon, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
17. Jurisdiction. This Site is controlled and operated from Motorcycle USA’s offices within the State of Oregon. If any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute or controversy relating to this Site, including these Terms, will be the state and federal courts located in Portland, Oregon, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Portland, Oregon is an inconvenient forum.
18. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
19. Separate Agreements. If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
20. Entire Agreement. This is the entire agreement between you and Motorcycle USA relating to the subject matter of these Terms. Except as expressly provided in Section 1, these Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Motorcycle USA.
21. Other Terms and Conditions. These Terms apply to all uses of this Site unless you and Motorcycle USA have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
22. Notices, Questions, Communications. If you wish to contact Motorcycle USA, LLC, please direct all inquiries (except for claims of copyright infringement) to firstname.lastname@example.org. or telephone Editor at (541) 618-4982. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.
LAST UPDATED: 09/14/2006
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