Terms of Service for ImageMotorcycle.com
Last Updated: Jan 2007 Welcome to ImageMotorcycle.com ("Website"). This Website (as well as the other Internet domains owned by us that direct traffic to ImageMotorcycle.com is owned and operated by Image Motorcycle Products ("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.
Image Motorcycle Products accepts Visa, MasterCard, American Express, Discover, cashier's checks, wire transfers and money orders. Payment must be in U.S. dollars. If any Sales/Use tax is due to your state on any items purchased from our company, you the customer are responsible for reporting it and paying such Sales/Use tax. Image Motorcycle Products collects Sales tax from all California residents only. Orders are shipped UPS unless otherwise requested. Products are shipped F.O.B. (Freight On Board) and become the sole property of the purchaser upon delivery to the specified shipping agent. For shipping damage, customers should file claim to their carrier immediately. Any discrepancy, including wrong items or missing items, must be reported within 24 hours after delivery. Military customers accept all responsibility for products that are shipped to military addresses. Since we can not insure some products to some military locations, the customer must accept the responsibility for lost and or damaged items shipped to any military address. We will gladly ship anywhere in the world, however all orders outside the USA and USA Territories require PRE-PAYMENT before shipping. These orders also may require a shipment quote, the customer is responsible for actual shipping charges, plus all duties and tariffs. We accept credit card payments, cashier's checks, money orders or wire transfers in US funds for Foreign orders. To eliminate translation errors, your order must be in English.
1. 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 documents, audio and video found on our Website for personal, informational, and noncommercial purposes only. Except as expressly permitted by Company, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms of Service, the use of any such material 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.
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..
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 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.
4. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser . 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. Proper Use of this Website.
A. 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.
B. 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 information or material displayed 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.
C. 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.
7. 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.
8. 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.
9. 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.
10. 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.
12. 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 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.
13. 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. 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.
14. 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.
15. 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.
16. 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 CA, 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 Ventura County, CA. You consent to the exclusive jurisdiction of the state and federal courts located in Ventura County, CA. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 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.
17. 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.
18. 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 email@example.com or by phone at 1-805-482-1979.
19. Copyright Notice. All Website Content, including design, graphics, text selections, arrangements, and all software are Copyright © 1998, Image Motorcycle Products, Inc. The Image Motorcycle Trademark is a registered trademark of Image Motorcycle Inc. ALL RIGHTS RESERVED.
21. 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:
A. Send an email to firstname.lastname@example.org with the word "Remove" in the subject field; or
B. Send mail to the following postal address: Image Motorcycle Products 918 Calle Portilla Camarillo CA 93010 Opting out may prevent you from receiving email messages regarding updates, improvements, newsletters, or special offers.