Acceptance of Terms of Use and Amendments
Each time you use or cause access to this website, you agree to accept the terms
of this Visitor Agreement, and as amended from time to time with or without
notice to you. In addition, if you are using a particular service on or through
this website, you will be subject to any rules or guidelines applicable to those
services and they shall be incorporated by reference into this Visitor
Agreement. Please see our
Privacy Policy, which is incorporated into this Visitor Agreement by
reference.
Our Service
Our website and services provided to you on and through our website on an “AS
IS” basis. You agree that the owners of this website exclusively reserve the
right and may, at any time and without notice and any liability to you, modify
or discontinue this website and its services or delete the data you provide,
whether temporarily or permanently. We shall have no responsibility or liability
for the timeliness, deletion, failure to store, inaccuracy, or improper delivery
of any data or information.
Buy a Used Bike is a Venue
Posting and Responding to Classified Ads.
We take your security seriously, so please be aware of our position on
transactions that are initiated through classified ad listings on Buy a Used
Bike. We do not get involved in transactions between buyers and sellers.
Buy a Used Bike is a Venue. Buy a Used Bike acts as a venue to allow
anyone to sell used motorcycles and other items at anytime, from anywhere. We
are not involved in the actual transaction between buyers and sellers. We will
never send you an email encouraging you to complete the sale of an item listed
on our site or ask for payment information. We do not verify information about
buyers or sellers. We will never send you an email assuring you that a
transaction is secure or that we've verified information about a particular
buyer or seller. We do not offer escrow services. We are not affiliated with nor
do we endorse any escrow services. As a result, we have no control over the
quality, safety or legality of listings published or to the truth or accuracy of
the listings, the ability of sellers to sell items or the ability of buyers to
buy items, or the ability of a service company to provide the advertised
service. We cannot ensure that a buyer or seller will actually complete a
transaction. Because we are a venue, in the event that you have a dispute with
one or more users, you release Buy a Used Bike (and our 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.
Your Responsibilities and Registration Obligations
In order to use this website, you must register on our site, agree to provide
truthful information when requested, and be at least the age of eighteen (18) or
older. When registering, you explicitly agree to our Terms of Use and as may be
modified by us from time to time and available here.
Privacy Policy
Registration data and other personally identifiable information that we may
collect is subject to the terms of our
Privacy Policy.
Registration and Password
You are responsible to maintain the confidentiality of your password and shall
be responsible for all uses via your registration and/or login, whether
authorized or unauthorized by you. You agree to immediately notify us of any
unauthorized use or your registration, user account or password.
Your Conduct
You agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
(”Content”), publicly or privately provided, shall be the sole responsibility of
the person providing the Content or the person whose user account is used. We
shall not be responsible to you in any way for the Content that appears on this
website nor for any error or omission.
You explicitly agree, in using this website or any service provided, that you
shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortious, defamatory,
libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to
or does interfere or interrupt this website or any service provided, infected
with a virus or other destructive or deleterious programming routine, give rise
to civil or criminal liability, or which may violate an applicable local,
national or international law;
(b) impersonate or misrepresent your association with any person or entity, or
forge or otherwise seek to conceal or misrepresent the origin of any Content
provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this website and any Content or service in any commercial
manner or in any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising without our prior
written consent;
(e) provide any Content that may give rise to our civil or criminal liability or
which may constitute or be considered a violation of any local, national or
international law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
Submission of Content on this Website
By providing any Content to our website:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive
right and license (including any moral rights or other necessary rights) to use,
display, reproduce, modify, adapt, publish, distribute, perform, promote,
archive, translate, and to create derivative works and compilations, in whole or
in part. Such license will apply with respect to any form, media, technology
known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights
that may be necessary to grant us with the license set forth in this Section;
(c) you acknowledge and agree that we shall have the right (but not obligation),
in our sole discretion, to refuse to publish or to remove or block access to any
Content you provide at any time and for any reason, with or without notice.
Third Party Services.
Goods and services of third parties may be advertised and/or made available on
or through this website. Representations made regarding products and services
provided by third parties are governed by the policies and representations made
by these third parties. We shall not be liable for or responsible in any manner
for any of your dealings or interaction with third parties.
Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or demand,
including reasonable attorney's fees, that may be made by any third party, that
is due to or arising out of your conduct or connection with this website or
service, your provision of Content, your violation of this Terms of Use or any
other violation of the rights of another person or party.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR
CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR
OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF
ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER
INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above
disclaimer may not apply to you only as it relates to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO
USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING
TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such
limitations may not apply to you.
Reservation of Rights
We reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other proprietary right
that we may have in our website, its content, and the goods and services that
may be provided. The use of our rights and property requires our prior written
consent. We are not providing you with any implied or express licenses or rights
by making services available to you and you will have no rights to make any
commercial uses of our website or service without our prior written consent.
Notification of Copyright Infringement
If you believe that your property has been used in any way that would be
considered copyright infringement or a violation of your intellectual property
rights, our copyright agent may be contacted at the following address:
Contact Us
Applicable Law
You agree that this Visitor Agreement and any dispute arising out of your use of
this website or our products or services shall be governed by and construed in
accordance with local laws where the headquarters of the owner of this website
is located, without regard to its conflict of law provisions. By registering or
using this website and service you consent and submit to the exclusive
jurisdiction and venue of the county or city where the headquarters of the owner
of this website is located.
Miscellaneous Information
(i) In the event that this Visitor Agreement conflicts with any law under which
any provision may be held invalid by a court with jurisdiction over the parties,
such provision will be interpreted to reflect the original intentions of the
parties in accordance with applicable law, and the remainder of this Terms of
Use will remain valid and intact; (ii) The failure of either party to assert any
right under this Terms of Use shall not be considered a waiver of any that
party's right and that right will remain in full force and effect; (iii) You
agree that without regard to any statue or contrary law that any claim or cause
arising out of this website or its services must be filed within one (1) year
after such claim or cause arose or the claim shall be forever barred; (iv) We
may assign our rights and obligations under this Terms of Use and we shall be
relieved of any further obligation.