USEDMOTORCYCLES.COM WEBSITE TERM OF USE EFFECTIVE 08/17/2020
Welcome to the UsedMotorcycles.com website. This website contains information on our powersports vehicle classifieds provided by our dealer partners and is used as a medium to communicate with our customers and potential customers, offer related products and services, and also as a gateway for our customers to apply to leases, purchases products and services and manage online accounts.
The www.UsedMotorcycles.com website is comprised of various websites and pages (the “Site”) operated by Moto Holding, LLC ("UsedMotorcycles" or “We”). By using the Site, you agree to, without modification, the terms, conditions, and notices contained herein (the "terms").
By visiting the Site and sending communications through the website, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
YOUR USEDMOTORCYCLES ACCOUNT
If you register on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that We are not responsible for third party access to your account that results from theft or misappropriation of your account. UsedMotorcycles and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to UsedMotorcycles that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as partof the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of UsedMotorcycles or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission from us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of UsedMotorcycles or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. UsedMotorcycles has no obligation to monitor the Communication Services. However, UsedMotorcycles reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. UsedMotorcycles reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. UsedMotorcycles reserves the right at all times to disclose any information 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, in our sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
UsedMotorcycles does not control or endorse the content, messages or information found in any Communication Service and, therefore, We specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized UsedMotorcycles spokespersons, and their views do not necessarily reflect those of UsedMotorcycles. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO WWW.USEDMOTORCYCLES.COM OR POSTED ON ANY USEDMOTORCYCLES WEB PAGE
UsedMotorcycles does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit the Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting UsedMotorcycles, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. UsedMotorcycles is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by UsedMotorcycles from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the UsedMotorcycles content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
LINKS TO EXTERNAL WEBSITES/THIRD PARTY SERVICES
The Site may contain links to other websites (“External Websites”) which are not under the control of UsedMotorcycles and We are not responsible for the contents of any External Website, including without limitation any link on External Websites, or any changes or updates to External Websites. UsedMotorcycles is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Site or any association with its operators.
You agree to indemnify, defend and hold harmless UsedMotorcycles, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. UsedMotorcycles reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with UsedMotorcycles in asserting any available defenses.
UsedMotorcycles reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and UsedMotorcycles as a result of the Terms or use of the Site. UsedMotorcycles’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of UsedMotorcycles 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by UsedMotorcycles with respect to such use. If any part of the Terms 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, the Terms constitutes the entire agreement between you and UsedMotorcycles with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and UsedMotorcycles with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
UsedMotorcycles reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. UsedMotorcycles encourages you to periodically review the Terms to stay informed of our updates.
Please feel free to contact UsedMotorcycles with questions or comments regarding the Terms:
ACCESSING YOUR ACCOUNT AND ACCOUNT SECURITY
INTELLECTUAL PROPERTY RIGHTS
The App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication or distribution. By downloading, copying and printing content for non-commercial use, you do not obtain any right, title or interest.
You may download a single copy of the App to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not modify copies of any materials from this App; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this App. You may not, without Company's express written permission, 'frame' or 'mirror' any material contained on this App or any other Company server. You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners. Nothing contained on this App grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this App.
Additionally, you agree not to use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App, including their ability to engage in real time activities through the App; use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App; use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the App; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App; attack the App via a denial-of-service attack or a distributed denial-of-service attack; and otherwise attempt to interfere with the proper working of the App. Should you use this App to commit a criminal offense, we may disclose information about the user, including the user's identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user's right to use the Site.
RELIANCE ON INFORMATION POSTED
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the App. Accordingly, you agree that you will be solely responsible to Company for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Company immediately at email@example.com.
By using this App, you agree not to violate or attempt to violate the security of the App, including, without limitation, actions such as: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," or "spamming," the App; (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) using any data mining, robots, spiders or similar data gathering and extraction tools.
LINKS FROM THE APP
If the App contains links to or accepts links from other Sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. To the extent that this App contains links to outside services and resources, the availability and content of which Company does not control, any concerns regarding any such service or resource or any link thereto, should be directed to the particular outside service or resource.
The owner of the App is based in the state of California in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Unless otherwise explicitly stated, all marketing or promotional materials found on this App are solely directed to individuals, companies or other entities located in the U.S.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, MYACCOUNT, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
REFUNDS AND CANCELLATIONS
All payments are final and not refundable unless otherwise required by law. If you signed up for automatic payments, you may withdraw your consent for automatic payments at any time by notifying the company in writing as follows:
Moto Holding, LLC UsedMotorcycles.com DivisionATTN: Service Department5200 W Century Blvd. Ste 750Los Angeles CA 90045.
GOVERNING LAW AND JURISDICTION
WAIVER AND SEVERABILITY
This Agreement, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Company without any restriction.