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Web Site Terms of Use
The motorcycleframe.us Web Site
is comprised of various Web pages and Domain Names operated by motorcycleframe.us. These Web
pages will be collectively referred to in this Agreement as "motorcycleframe.us."
You will need to read this Agreement in its entirety to review the general
provisions of the Terms of Use.
Motorcycleframe.us is offered to
you conditioned on your acceptance without modification of these Terms of
Use. Your use of motorcycleframe.us constitutes your agreement to these
Terms of Use. Your use of a particular motorcycleframe.us Web Site included
within, or acceptance of a product, service or benefit obtained through
motorcycleframe.us constitutes your agreement to these Terms of Use. If you
do not have print capability or otherwise desire to obtain a hard copy of
these Terms of Use, please contact our customer service.
If any of the terms, conditions,
and notices contained herein conflict with the Additional Terms or other
terms and guidelines contained within or applicable to any particular
motorcycleframe.us Web site, service, product or benefit, then the
applicable Additional Terms shall control. You agree to familiarize yourself
with the Terms of Use, including any Additional Terms, and other terms and
guidelines found throughout motorcycleframe.us and abide by them if you
choose to use the site or accept the products, services, or benefits, to
which such terms apply.
Modification of These Terms of
Use and Notices
motorcycleframe.us reserves the
right to change the Terms of Use, and any Additional Terms at anytime,
effective upon making the modified provisions available on
motorcycleframe.us. You are responsible for regularly reviewing these terms
and conditions. Continued use of motorcycleframe.us after any such changes
shall constitute your consent to such changes. motorcycleframe.us does not
and will not assume any obligation to notify you of any changes to the Terms
of Use, or Additional Terms.
Acceptable Use Limitation
Your right to use the
motorcycleframe.us is personal to you, and your company. As a condition of
your use of motorcycleframe.us, you express to motorcycleframe.us that you
will not use motorcycleframe.us for any purpose that is unlawful, or
prohibited by these Terms of Use or any Additional Terms (that may be
modified from time to time). You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products, services or benefits
obtained from the motorcycleframe.us site, except as expressly provided
herein.
In addition, you may not use the
products or services provided through or in connection with
motorcycleframe.us to:
a. defame, abuse, harass,
threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others;
b. conduct or forward illegal
contests, pyramid schemes, chain letters, unsolicited or unauthorized
advertising, promotional materials, unsolicited e-mail or multi-level
marketing campaigns;
c. publish, post, distribute,
disseminate or link to any: (i) inappropriate, profane, defamatory,
infringing, obscene, adult content, nude, indecent or unlawful topic, name,
material or information; (ii) software or other material protected by
intellectual property laws, copyright licenses, rights of privacy or
publicity, or other proprietary rights, unless you own, control such rights
or have received all necessary consents for your use of such software and
other materials; (iii) software or other material that contains viruses,
corrupted files, or that may or are intended to damage the operation of
another's computer;
d. sell, distribute, disseminate
or link to any sites for marketing, sales or distribution of: firearms,
explosives, ammunition, liquor, tobacco products, food that is not packaged
or does not comply with all applicable laws for sale to consumers by
commercial merchants, pharmaceuticals and controlled substances,
counterfeit, pirated or stolen goods, fraudulent goods, any goods or
services that infringe or otherwise violate a third party's rights,
registered or unregistered securities, goods or services that: (i) you
cannot legally sell, (ii) are misrepresented, or would cause
motorcycleframe.us to violate any law, statute or regulation;
e. harvest or otherwise collect
information about third parties, including e-mail addresses, without the
express consent of such third parties;
f. restrict or inhibit any other
user from using and enjoying its rights in motorcycleframe.us, interfering
with or disrupting the motorcycleframe.us service or servers or networks
connected to motorcycleframe.us; or,
g. violate any applicable
government laws or regulations.
The information provided by
motorcycleframe.us to you may be proprietary in nature. You agree not to
share any information provided to you by or on behalf of motorcycleframe.us
with any third party. If you sell or otherwise distribute goods or services
that compete with or may otherwise serve as a substitute for products or
services sold or otherwise distributed by motorcycleframe.us via the
motorcycleframe.us or offered by motorcycleframe.us, you may not: (a) use
or acquire, or have any other person use or acquire on your behalf, the
products or services of motorcycleframe.us for which you offer competing or
substitute products or services; or (b) advertise, promote, market or
solicit offers to acquire such competing or substitute products in
connection with your use of motorcycleframe.us.
motorcycleframe.us is not
obligated to monitor the content on motorcycleframe.us. However, with
respect to the use of the products and services offered on
motorcycleframe.us, motorcycleframe.us reserves the right to disclose any
information or materials as necessary to satisfy any applicable law,
regulation, legal process or government request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, from the
motorcycleframe.us sites, in motorcycleframe.us sole discretion, without
notice at any time.
Some products and services
available through or in connection with motorcycleframe.us require that you
pay a fee. You hereby authorize motorcycleframe.us to charge your credit
card in advance for all applicable fees incurred by you or on your behalf in
connection with your use of motorcycleframe.us product or service you have
chosen to use. You shall be solely responsible for all charges, fees,
duties, taxes, and assessments arising out of your use of
motorcycleframe.us. motorcycleframe.us reserves the right to modify the
fees charged for motorcycleframe.us products and services from time to
time, provided that such modifications shall not take effect earlier than
thirty (30) days after motorcycleframe.us posts such modifications on the
motorcycleframe.us Web site. Amounts not paid by you to motorcycleframe.us
when due, may bear interest at the lesser of (a) one and one-half percent
(1.5%) per month, and (b) the maximum rate permitted by applicable law. If
you notify motorcycleframe.us in writing that you are terminating this
Agreement, fees pre-paid by you to motorcycleframe.us for
motorcycleframe.us products or services will be credited back to your
applicable credit card on a pro-rated basis (except to the extent such
termination is due to your breach of this Agreement) within forty-five (45)
days after receipt of your notice of termination. motorcycleframe.us is not
required to refund directly to you any amounts paid hereunder. It is your
responsibility to notify motorcycleframe.us if your credit card has expired
and to make changes.
Links within motorcycleframe.us
may let you leave motorcycleframe.us. You acknowledge that the linked sites
are not under the control of motorcycleframe.us and that
motorcycleframe.us is not responsible for the contents or operation of such
linked sites or any link contained in such linked site, or any changes or
updates to such sites. motorcycleframe.us is not responsible for any form
of transmission received from any linked site. motorcycleframe.us is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by motorcycleframe.us of the linked site or
any association with their operators.
motorcycleframe.us may contain
chat areas, forums, communities, personal and business web pages, electronic
mail postings and/or other messages or communication facilities designed to
enable you to communicate with the public at large or with a group
(collectively, "Communications" ) You agree to use Communications only to
post, send and receive messages and material that are proper and related to
the particular Communication, and to comply with all applicable laws and
these Terms of Use. In addition to above acceptable use limitations, you
agree that when using Communications, you will not:
" Advertise or offer to sell or
buy any goods or services, unless such Communication specifically allows
such messages;
" Falsify, delete or alter any
material, author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of material contained in a
file that is uploaded via the Communications;
" Restrict or inhibit any other
user from using and enjoying its rights in the Communication;
" Violate any code of conduct or
other guidelines that may be applicable for any particular Communication;
" Harvest or otherwise collect
information about others, including e-mail addresses, without their express
consent;
" Link the Communication to any
unsolicited communication sent to any third party, or otherwise use or
mention the Communications in connection with any such unsolicited
communication; or,
" Violate any applicable laws or
regulations.
motorcycleframe.us reserves the
right, but is not obligated, to review materials posted to a Communication
Service and to remove any such materials in its sole discretion, without
notice at any time. In addition, motorcycleframe.us reserves the right to
terminate your access to any or all of the Communications at any time
without notice for any reason whatsoever. Furthermore, motorcycleframe.us
reserves the right to terminate or change any Communication Service at
anytime.
motorcycleframe.us is not
obligated to monitor the Communications. However, with respect to the use of
the Communication Service, motorcycleframe.us reserves the right to
disclose any information or materials as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, from
Communications in motorcycleframe.us's sole discretion.
You acknowledge that
Communications are public and not private communications, therefore your
communications may be read by others without your knowledge. Always use
caution when giving out any personally identifying information about
yourself or others in any Communication. motorcycleframe.us does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, motorcycleframe.us specifically
disclaims any liability with regard to the Communications and any actions
resulting from your participation in any Communication Service. Forum
managers and hosts of the Communications are not authorized
motorcycleframe.us agents or spokespersons, are not able to bind
motorcycleframe.us, nor do their views necessarily reflect those of
motorcycleframe.us.
Materials uploaded to a
Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination, and you are responsible for adhering to
such limitations if you download the materials.
motorcycleframe.us does not
claim ownership of the materials you provide to motorcycleframe.us
(including feedback and suggestions) or post, upload, input or submit in
connection with your use of motorcycleframe.us or any web site ("Your Web
Site") created by you or on your behalf in connection with the use of
motorcycleframe.us. However, you grant motorcycleframe.us a royalty-free
license to use (including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate, sublicense and reformat your Submission, and to publish your name
in connection with your Submission) your Submission only in connection with
the operation and promotion of motorcycleframe.us. You also grant
motorcycleframe.us the right to publish your name in connection with any
such communication. No compensation will be paid or due you with respect to
motorcycleframe.us's or its sub licensee's use of the materials as licensed
above. motorcycleframe.us is under no obligation to post or use any
materials you may provide, and may remove such materials at any time in
motorcycleframe.us's sole discretion. By posting messages, uploading files,
inputting data, submitting any feedback or suggestions, or engaging in any
other form of communication with or through any motorcycleframe.us Web
Site, you warrant and represent that you own or otherwise control the rights
necessary to do so and to grant motorcycleframe.us the license set forth
above, and you will defend and indemnify motorcycleframe.us and its
suppliers from any third party claim related to a breach of any of the
foregoing representations or warranties.
The information, software,
products, services and other material included in or available through the
motorcycleframe.us may not be complete, and may include inaccuracies or
errors, and may also be modified or deleted from time to time. Advice,
information, products, services or other materials received via
motorcycleframe.us should not be relied upon for personal, medical, legal,
business, financial or other decisions and is not intended to replace the
advice of appropriate and qualified professionals. You acknowledge that you
should consult an appropriate professional for specific advice tailored to
your situation. Your use of motorcycleframe.us, and products and services
of motorcycleframe.us, is at your own risk. motorcycleframe.us, and its
members and sponsors, will not be liable for any damage, loss or disclosure
of information, data, revenue, accounts or business that occurs in
connection with your use of motorcycleframe.us, or such products or
services. motorcycleframe.us makes no guarantees of any kind regarding the
dependability, accuracy, security, timeliness or availability of
motorcycleframe.us, or such products or services. Without limiting the
foregoing, motorcycleframe.us MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT
THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS,
SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED IN motorcycleframe.us FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. motorcycleframe.us AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL
motorcycleframe.us BE LIABLE FOR ANY DIRECT, INDIRECT (such as 3rd party,
etc.), PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, NOT LIABLE FOR ANY PARTS SOLD INCLUDING MOTORCYCLE FRAMES & MOTORS
AND ANY OTHER PARTS THEREOF WHETHER USED OR NEW PARTS ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF motorcycleframe.us OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE
motorcycleframe.us OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH motorcycleframe.us, OR OTHERWISE ARISING OUT OF THE USE OF
motorcycleframe.us, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF motorcycleframe.us OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF motorcycleframe.us, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING motorcycleframe.us AND ITS RELATED SERVICES. ALL PARTS
SOLD "AS IS" UNLESS OTHERWISE SPECIFIED, MEANS "NO REFUNDS,
EXCHANGES, CREDIT OR DISCOUNTS. A 30% RESTOCKING FEE WILL APPLY IF WE AGREE TO A
RETURN ON A PURCHASE NOT "SOLD AS IS."
Used
frames have a 2 week replacement warranty if frame is bent. After 2 week
warranty expires, all sales are final, no return, refund or exchanges.
ELECTRICAL
PARTS ARE ALSO "SOLD AS IS"
UNLESS OTHERWISE SPECIFIED IN WRITING. NO CASH REFUNDS UNLESS REPLACEMENT
PRODUCT IS NOT AVAILABLE WITH DECISION EXCLUSIVELY OURS OR DICTATED BY OTHER
TERMS AND CONDITIONS LISTED ON WEB PAGES, NO GUARANTY OR REFUND ON OUTSIDE
LABOR. SHIPPING AND PROCESSING FEES WILL BE
DETERMINED UPON STATED SHIPPING ADDRESS, SIZE, VALUE AND PARTICULAR
SHIPPING COMPANY OF MERCHANDISE. BY ORDERING ANY PRODUCT, SERVICES, FRAME,
MOTOR OR MOTORCYCLE PARTS YOU AGREE TO SHIPPING, PROCESSING FEES AND ALL
TERMS/AGREEMENTS SET FORTH ON THIS PAGE AND ALL OTHERS.
You agree to defend, indemnify
and hold motorcycleframe.us harmless from and against any and all claims,
losses, liability costs, expenses, shipping and processing fees (including but not limited to
attorneys' fees) arising from your violation of these Terms of Use
(including, without limitation, violation of applicable Additional Terms of
Use), or any third-party's rights, (including, without limitation,
infringement of any copyright, violation of any proprietary right and
invasion of any privacy rights). These obligations will survive any
termination of your relationship with motorcycleframe.us or your use of
motorcycleframe.us.
motorcycleframe.us reserves the
right to deny in its sole discretion any user access to motorcycleframe.us
or any portion thereof without notice. You are responsible for safeguarding
the confidentiality of your password(s) and user name(s) issued to you by
motorcycleframe.us and for any use or misuse of your account or
motorcycleframe.us resulting from any third party using a password or user
name issued to you.
motorcycleframe.us may terminate
this Agreement and your access to motorcycleframe.us (in whole or in part)
at any time, with or without cause, and with or without notice. Anyone
determined by motorcycleframe.us to have violated these Terms of Use or any
Additional Terms may be barred from using motorcycleframe.us, or from
receiving any products, services or benefits from motorcycleframe.us.
This Agreement is governed by the
laws of the State of
California, U.S.A. You hereby consent to the jurisdiction of and venue in
courts located in Los Angeles, California, U.S.A. in all disputes arising
out of or relating to the use of motorcycleframe.us. In addition, you
hereby consent to the exclusive jurisdiction of and venue in such courts for
any action commenced by you against motorcycleframe.us. Use of
motorcycleframe.us is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and
motorcycleframe.us as a result of this Agreement or use of
motorcycleframe.us. motorcycleframe.us's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of motorcycleframe.us's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of motorcycleframe.us or information provided to or gathered by
motorcycleframe.us with respect to such use. If any part of this Agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of
the Agreement shall continue in effect. Unless otherwise specified herein,
this Agreement constitutes the entire agreement between the user and
motorcycleframe.us with respect to motorcycleframe.us and it supersedes
all prior communications and proposals, whether electronic, oral or written,
between the user and motorcycleframe.us with respect to motorcycleframe.us
A printed version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. You may not rent, lease, license, grant a
security interest in, or otherwise transfer or sublicense your rights
hereunder to any third party.
Copyright and Trademark Notices
All contents of
motorcycleframe.us are: Copyright (c) 2000 - 2007 motorcycleframe.us,
PO Box
940932, Simi Valley, California, 93094-0932 U.S.A. All rights reserved.
For Information Regarding the
motorcycleframe.us Privacy Policy See our Privacy Policy
12/28/2011 05:41:09 PM -0800
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