Terms of Service for MotoSport.com
Last Updated:
August 2007
2. 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 Company trademarks in any way, including in advertising or
publicity pertaining to distribution of materials on this site, without
Company's prior written consent. The use of Company trademarks on any other
Website or network computer environment is not allowed. You may not use of
Company 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 brand names or trademarks 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 Motosport, (ii) that Motosport is an authorized
dealer of such third party, or (iii) that such third party products are
manufactured or sold by Motosport.
3. 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
webpages 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. 4. Shipping Limitations. When an order is
placed, it will be shipping 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
http://www.motosport.com/about/shippingpolicy.html. 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. 5. 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. 6. 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. 7. Proper Use of this Website.
8. Inappropriate Material. You are prohibited
from posting or sending any unlawful, threatening, defamatory, libelous, vulgar,
sexually explicit, obscene, pornographic or profane material, harmful, abusive,
racially or ethnically offensive, infringing, invasive of personal privacy or
publicity rights, harassing, libelous, or in a the Company's sole discretion,
objectionable, or any material that could constitute or encourage conduct that
would be considered a criminal offense or give rise to civil liability, or
otherwise violate any law. Such violations may subject the sender and his or her
agents to civil and criminal penalties. You further understand and agree that
sending unsolicited email advertisements to any user of the Website is expressly
prohibited by these Terms of Service. Any such unauthorized use of our computer
systems is a violation of these Terms of Service and applicable "anti-spam"
laws. 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. 9. Account Security. 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.
10. Information Control. 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.
11. Your License to Us. User published Content
remains the intellectual property of the individual user. By posting Content on
our Website, you grant Company a non-exclusive, perpetual, irrevocable,
royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such Content throughout the world in any media, whether now known or hereafter
discovered. In addition, you warrant that all so-called "moral rights" in those
materials have been waived. 12. Fees. 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. 13. Access and Interference. You agree that you
will not use any robot, spider, scraper or other automated means to access the
Website for any purpose without our permission. Additionally, you agree that you
will not: (i) take any action that imposes, or may impose in our sole discretion
an unreasonable or disproportionately large load on our infrastructure; (ii)
interfere or attempt to interfere with the proper working of the site or any
activities conducted on the Website; or (iii) bypass any measures we may use to
prevent or restrict access to the Website.
14. 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. 15. Privacy. Your use of our Website and Services
is subject to our Privacy Policy. Please read our Privacy Policy at
http://www.motosport.com/about/privacypolicy.html.
16. DISCLAIMERS. Your use of this Site 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 OR
SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS 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 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 17. 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
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.
18. 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 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 message or information on this Website by you
or your authorized users or your violation of any law or the rights of a third
party. 19. 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.
20. 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. 21. General. Any claim relating to, and the use
of, this Site and the materials contained herein is governed by the laws of the
State of 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 1-3, 9, 11-13, and 16-19 shall survive any termination or expiration of
this Agreement. 22. 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. 23. 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.
24. Copyright Notice. All Website Content,
including design, graphics, text selections, arrangements, and all software are
Copyright © 2006, MotoSport, Inc. The MotoSport Trademark is a registered
trademark of MotoSport Inc. ALL RIGHTS RESERVED.
25. Ability to Accept Terms of Use. By your use
of the Website, you affirm that you are at least 18 years of age, an emancipated
minor, or possess legal parental or guardian consent, and 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.
26. 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:
Sales Opting out may prevent you from receiving email messages
regarding updates, improvements, newsletters, or special offers. |
My account | Order status | Help Order by phone: 1-866-677-7338 (hours)
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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.
MotoSport Stores:
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Copyright © 2004-2008 MotoSport, Inc., All Rights Reserved.
Selected content copyright and trademark respective companies, used with permission.