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Privacy & BoatsAndCycles.com Terms Of Use

Effective January 01, 2013

BoatsAndCycles.com Terms Of Use

PLEASE READ CAREFULLY. IMPORTANT -- PLEASE READ THE FOLLOWING TERMS OF USE BEFORE REGISTERING TO USE BOATSANDCYCLES.COM. IN CONSIDERATION FOR PROVIDING YOU ACCESS TO BOATSANDCYCLES.COM SERVICES AND WEB SITES, INCLUDING WEBSITES AVAILABLE ONLY TO BOATSANDCYCLES.COM MEMBERS (COLLECTIVELY, THE "Web sites"), BY USING THIS SITE YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS OF USE").

The Web sites are owned and operated by Boats And Cycles, LLC ("BoatsAndCycles.com"). Your use of the Web sites is governed by these Terms of Use. BoatsAndCycles.com provides you with access to the Web sites in exchange for your agreement to comply with these Terms of Use. By visiting or using the Web sites, you agree to comply with and to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not visit or use the Web sites.

BoatsAndCycles.com reserves the right, in its sole discretion, to revise the Terms of Use at any time. You are responsible for regularly reviewing the Terms of Use on the Web sites to become familiar with any changes that may be made from time to time. By using the Web sites, you agree to be bound by any revisions of the Terms of Use made from time to time. If you do not wish to be bound by such revisions, please do not visit or use the Web sites.

BoatsAndCycles.com may in its sole discretion, without notice and at any time, terminate your access to and use of the Web sites or any portion thereof.

Content

You must evaluate, and accept the risk associated with, the accuracy, completeness or usefulness of any Content. BoatsAndCycles.com Classifieds shall not be responsible for any Content. BoatsAndCycles.com does not prescreen or monitor all Content as a matter of policy, but BoatsAndCycles.com shall have the right, but not the responsibility, to remove Content which is deemed in sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules BoatsAndCycles.com has in place at the time. BoatsAndCycles.com may elect at its sole discretion to monitor some, all, or no areas of BoatsAndCycles.com for adherence to this Agreement or rules.

All right, title and interest in and to the content displayed on the Web sites, including without limitation the Web sites' look and feel, information, text, graphics, images, sound and video materials, logos, designs, software, trademarks, service marks, trade dress, trade names, the URL, and the compilation, coordination, selection, order and arrangement of any of these elements ("Content"), is the property of, or is used with permission by, BoatsAndCycles.com, and is protected by United States and other national and international copyright and trademark laws.

Ownership rights to any content, are not transferred through the use of the Site. Unauthorized use of content terminates the permission or license granted by BoatsAndCycles.

Member Materials

Registered users retain ownership of the original text including compiled Content Listings, photos and other works they submit to BoatsAndCycles.com ("Member Materials"), BoatsAndCycles.com owns a license in and to the Member Materials. Once Member Materials are submitted and posted on the Web sites, they become part of the Web sites and the Content that is protectable by BoatsAndCycles.com.

Ownership

Except as provided on the Web site, Materials may not be copied, reproduced, republished, modified, uploaded, posted, distributed, or transmitted in any form or by any means without the prior express written permission of Boats And Cycles, LLC. Nothing on this Web site shall be construed as conferring any license under any of Boats And Cycles, LLC 's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Any unauthorized use of any Materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Patent Information

BoatsAndCycles owns one or more United States and international patents that apply to the Site and/or the products or services offered within the Site.

Limited License

BoatsAndCycles.com grants you a nonexclusive, nontransferable, revocable, limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BoatsAndCycles.com. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BoatsAndCycles.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BoatsAndCycles.com and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BoatsAndCycles.com’s name or trademarks without the express written consent of Boats And Cycles, LLC. Any unauthorized use terminates the permission or license granted by Boats And Cycles, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BoatsAndCycles.com so long as the link does not portray Boats And Cycles, LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BoatsAndCycles.com logo or other proprietary graphic or trademark as part of the link without express written permission. Any rights not expressly granted herein are reserved by Boats And Cycles, LLC.

Interactive Areas

All information, photos, data, text or other materials, including without limitation Member Materials, posted by the Web sites' visitors or members anywhere on the Web sites ("Visitor Materials"), including without limitation powersport forums, the Powersport Dealer Pages, member web sites, powersport listings, or other interactive areas (collectively, "Interactive Areas"), are the sole responsibility of the person/party from whom the Visitor Materials originated. BoatsAndCycles.com does not control the Visitor Materials posted in the Interactive Areas and, as such, cannot guarantee the accuracy, quality or integrity of such Visitor Materials. Visitor Materials posted in the Interactive Areas are not confidential and BoatsAndCycles.com may use or reproduce such Visitor Materials, as it sees fit. BoatsAndCycles.com cannot and will not monitor all of the postings in the Interactive Areas, but reserves the right to remove and permanently delete any Visitor Materials from the Site without notice, for any reason. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing, or otherwise making available any Visitor Materials, emails or other materials that are believed to violate these Terms of Service. BY TRANSMITTING , POSTING, OR UPLOADING CONTENT OR INFORMATION TO THE WEB SITES, YOU WARRANT AND REPRESENT THAT YOU OWN OR OTHERWISE CONTROL ALL RIGHTS IN AND TO SUCH CONTENT. BOATSANDCYCLES.COM HAS NO LIABILITY OR RESPONSIBILITY TO WEB SITES' VISITORS OR MEMBERS OR ANY OTHER PERSON OR ENTITY ARISING OUT OF ANY USE OF OR RELIANCE UPON MATERIALS POSTED BY THE WEB SITES' VISITORS OR MEMBERS ON THE WEB SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR, ANY ERRORS, OMISSIONS, UNAVAILABILITY, OR MISREPRESENTATIONS IN ANY SUCH MATERIALS.

Other Restrictions on Use

Any use of the Web sites or conduct that violates these terms may result in prosecution, including without limitation to the immediate disabling by BoatsAndCycles.com of your access to the Web sites. Boats And Cycles, LLC may investigate any illegal and/or unauthorized use of Our Website and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act

If you believe that you hold a claim of copyright infringement against Boats And Cycles, LLC, submit notice of your claim to the following:

While using BoatsAndCycles.com or Web sites, you may not:

  1. Use Web sites to engage in any illegal activity or the planning of any illegal activity;
  2. Creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
  3. Use Web sites to distribute any advertising or solicitation of funds or goods and services, or to solicit users (private or dealers) to join competitive online services;
  4. Post on Web sites any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
  5. Use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service;
  6. Reformat or frame any portion of any web page that is part of these Web sites;
  7. Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  8. Submit any Material that falsely implies sponsorship of that Material by Web sites and/or Boats And Cycles, LLC, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
  9. Transmit any viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, SQL injection attacks or any other items of a contaminating or destructive nature through these Web sites;
  10. Interfering, disrupting or attempting to gain unauthorized access to other accounts on this Website or any networks connected to this Website;
  11. Submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party's written consent;
  12. Promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
  13. Submit or transmit statements or material that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, grossly offensive, vulgar, malicious, unlawful or promotes or encourages illegal activity.

As a condition of your use of this Website, You warrant to Boats And Cycles, LLC, that You will not use this Website for any purpose that is unlawful or prohibited by our Terms Of Use.

Confidentiality

Your confidential use of the Web sites cannot be guaranteed by Boats And Cycles, LLC BoatsAndCycles.com discourages you from sending or posting any information that you consider to be confidential or proprietary through the Web sites. By sending Boats And Cycles, LLC information or material, you grant Boats And Cycles, LLC. an unrestricted, perpetual, irrevocable non-exclusive license to use, reproduce, display, perform, modify, create derivative works, transmit and distribute those materials or information, and you also agree that Boats And Cycles, LLC. is free to use any ideas, concepts, know-how or techniques that you send Boats And Cycles, LLC. for any purpose. BoatsAndCycles.com is not responsible for any harm that you or any person may cause or incur as a result of a breach of confidentiality with respect to your use of the Web sites. Unless otherwise specified in our privacy statement, BoatsAndCycles.com has no obligation to keep as confidential any information or material you send us.

No Representations or Warranties

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, OUTAGES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.

ALL CONTENT AND MATERIALS ON THE WEB SITES, INCLUDING WITHOUT LIMITATION, MEMBER MATERIALS, VISITOR MATERIALS, INFORMATION, DATA, TEXT, PHOTOGRAPHS, DOCUMENTS AND GRAPHICS, IS PROVIDED "AS IS" AND SUBJECT TO ALL FAULTS. BOATSANDCYCLES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS AND/OR IMPLIED. BOATS AND CYCLES, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT GUARANTEE or WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. BOATS AND CYCLES LLC AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL BOATS AND CYCLES, LLC OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF BOATS AND CYCLES, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL BOATSANDCYCLES.COM, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ECONOMIC, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE UPON THE WEB SITES, OR USE OF OR RELIANCE UPON ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF BOATSANDCYCLES.COM HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON INFORMATION PROCESSING SYSTEM. BOATSANDCYCLES.COM EXPRESSLY DISCLAIMS ANY LIABILITY UNDER CRIMINAL OR CIVIL LAWS RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY, OBSCENITY, OR ANY OTHER AREA OF LAW, ARISING OUT OF THE USE OR AVAILABILITY OF THIRD-PARTY INFORMATION OR INTELLECTUAL PROPERTY, MEMBER MATERIALS, VISITOR MATERIALS, OR STATEMENTS OR OPINIONS POSTED ON THE WEB SITES.

Third-Party Sites/Links

BoatsAndCycles.com may provide on our Site links to websites operated by others. If you link to and/or use these other websites, you will leave this Site and understand that BoatsAndCycles.com has no control over the content on those other websites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses, worms, trojan horses and other items of a destructive nature. BoatsAndCycles.com makes no warranty or representation regarding any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of BoatsAndCycles.com or any of its affiliates or subsidiaries.

Termination of Use

BoatsAndCycles.com reserves the right to terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believes is a violation of these Terms of Use or Service Agreement, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, or adversely affects operations of BoatsAndCycles.com's business or that of its affiliates or subsidiaries.

Applicable Laws

These Terms of Use shall be governed by and construed in accordance with the laws of Arizona without giving effect to its principles of conflicts of law. Any disputes or controversies arising out of the Terms of Use shall be subject to the exclusive jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Arizona and the venue for such disputes shall rest solely in Phoenix, Arizona, USA. The Terms of Use (and also the Service Agreement and Member Policies, in the case of Members) constitute the entire agreement with respect to your access to and use of the Web sites. Any provision of the Terms of Use that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from the Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of the Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

Privacy & Copyright Information

Please refer to our privacy policy page

Contact Us

If you have any questions with respect to the BoatsAndCycles.com Terms of Use, or improper use of BoatsAndCycles.com intellectual property, Content or the Web sites, please contact us at: Boats And Cycles, LLC, 6635 W. Happy Valley Rd, Glendale, AZ 85310 or support@boatsandcycles.com.

Copyright © 2009-2017 Boats And Cycles, LLC. All Rights Reserved

Revised September 2017