Welcome to our website. By visiting and/or using this website (collectively, including all the information, content, products and services available through this Website, “MotorcycleNerd LLC”, or the “Website”), or submitting communications or User Content (defined below) to us, you are agreeing to comply with and be bound by all of the and conditions set forth herein (the “Terms of Use”), which form a legally binding agreement between you and MotorcycleNerd LLC and/or our business divisions and/or affiliates (collectively, “MotorcycleNerd LLC”, “us”, “our” or “we”). If you disagree with any part of these Terms of Use, please refrain from accessing or using this Website.
General; Changes to Terms of Use
MotorcycleNerd LLC reserves the right to change these Terms of Use, and our separate Privacy Policy, as we deem appropriate by posting the changes on this Website or Privacy Policy, as applicable. Any changes and modifications will be effective immediately upon posting unless otherwise indicated.
Although we may attempt to notify you when major changes are made to these Terms of Use, we encourage you to periodically review the most up-to-date version so that you know what and conditions apply to your access to and use of this Website, or our use of any User Content that has been posted on this Website or submitted to us. Your continued use of this Website and/or your submission of any User Content to this Website after such changes are posted will be deemed to constitute your agreement to such changes.
We may change this Website, restrict access to this Website, suspend or discontinue this Website, or any part of it, at any time.
We reserve the right to terminate accounts, refuse service, and/or cancel orders at our discretion, if we believe that customer conduct violates applicable law or is harmful to the interests of MotorcycleNerd LLC or its businesses, or customers, affiliates, licensors or licensees.
License; Limitations
Except as expressly authorized in these Terms of Use, you may not distribute, reproduce, display, or modify this Website or any elements thereof. Further, you may not frame, overlay, squeeze back or employ other techniques to enclose or display this Website, or any content, trademark, logo or other proprietary information on this Website, with any other software or content of a third party. You may not use any meta tags or any “hidden text” utilizing the names or trademarks of MotorcycleNerd LLC or our affiliates, licensors or licensees without an express written consent; and you may not decompile, reverse engineer or otherwise attempt to discover any source code contained in this Website.
In addition to the foregoing limitations, you are expressly prohibited from using automated means (including but not limited to robots, crawlers, scrapers, data‑mining, data‑gathering or extraction tools and the like), or any other automated methodology or any manual process, to monitor, copy, download or otherwise access data from this Website. A limited exception to the foregoing limitations is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the purpose of displaying hyperlinks to this Website. “General purpose internet search engine” does not include any services that specialize in classified listings or in any subset of classified listings such as automobiles, jobs, apartments, etc, or which provide classified ads listing services.
Use at Your Own Risk
The material available through this Website is provided for informational purposes only. You may use the content, data, consumer reviews and materials from, and the products and services available through, this Website for your personal and non-commercial use only. Before you use any such content, data, consumer reviews and materials you have found on, or purchase any products or services available through, this Website, it is your responsibility to confirm any facts that are important to your decision. If you rely on any information, product or service on this Website, you signify your agreement to do so solely at your own risk. You understand that you are responsible for any loss or damage that results from your use of any information, product or service.
It’s important to note that we do not sell the advertised items directly and are not involved in any actual transaction between sellers and buyers. Furthermore, we do not guarantee or insure any item advertised or the completion of any transaction or process payment, act as an escrow service or transfer title, nor do we store, ship or deliver any item that is advertised.
User Account
In order to protect our Website members’ account information, where applicable, MotorcycleNerd LLC assigns to each member a unique user name or password or a unique ad ID number. Immediately upon becoming a member of this Website, these identifiers are disclosed to the user via email. Only members of this Website can modify their personal information and delete their ads.
All members of this Website are responsible for maintaining the confidentiality of their account and password, and they agree to and accept sole responsibility for all activities that occur under their account or password. Users agree to notify us immediately of any unauthorized use of their account or password, or any other breach of security, of which they become aware. However, a member may be held liable for losses incurred by MotorcycleNerd LLC or any other user of, or visitor to, this Website due to someone else using their account or password. For further information regarding user account or password, please see our Privacy Policy.
Only individuals that are at least eighteen (18) years of age and use a credit card can purchase products or services from this Website or use this Website to sell a product or service. We reserve the right to refuse service, remove content, cancel orders or terminate accounts at our sole discretion.
Links
This Website may provide links or references to third party websites that MotorcycleNerd LLC does not operate and/or that will allow you to leave this Website or open an additional browser connecting you to the third party website. Any such links are provided merely as a convenience to users of this Website, and such links do not imply endorsement by MotorcycleNerd LLC of such third party websites and the content contained therein. MotorcycleNerd LLC disclaims all liability with regard to user’s access to such linked websites and the use of and access to any other websites linked to this Website is at the user’s own risk. Further, MotorcycleNerd LLC has no responsibility for the content of such third party websites and shall not be liable for any injury or damage arising from the use of content, reliance on or access to such third party websites.
Data Collection, Use and Security
Any personally identifiable information provided by users in electronic communications to MotorcycleNerd LLC is governed by our Privacy Policy. For a more complete description of how we collect, use and with whom we share personally identifiable information, please read our Privacy Policy, the of which are incorporated in these Terms of Use by reference.
MotorcycleNerd LLC has in place reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect. However, while such reasonable procedures are followed to ensure the confidentiality of your personal information available as a result of your use of this Website, we do not warrant or guarantee the absolute security of confidential information on the Internet.
User Content
All users of this Website may have the opportunity to post or submit content and information, including but not limited to materials, data, techniques, know-how, consumer reviews, opinions, concepts, or other communications (collectively, “User Content”), whether by posting to blogs or message boards or any other public area of this Website or by other submission to us via email or other means of electronic communication facilitated by MotorcycleNerd LLC. By submitting or posting any such User Content to us in any public area of this Website, you: (i) grant MotorcycleNerd LLC and its owners, affiliates and licensees the perpetual, irrevocable, non‑exclusive royalty‑free right and license to use, publicly display, reproduce, modify, aggregate, translate, prepare derivative works from, publicly perform and distribute such User Content (in part or in whole) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis; (ii) grant MotorcycleNerd LLC and its owners, affiliates and licensees the right to use the name used in connection with such post or submission, if and to the extent any or all of them so choose;(iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you post or submit, the User Content is accurate and the use of the User Content you supply does not violate these Terms of Use and will not cause injury or damage to any person or entity. Further, you permit any user or visitor to this Website to access, view, store or reproduce your User Content for that individual’s personal use, which such use may include disclosure to third parties. By submitting or posting such User Content, you hereby waive any claim that MotorcycleNerd LLC misappropriated any such User Content or any portions thereof.
Use of Communications Services
There may be a variety of services provided on this Website through which users can directly interact with each other, such as email, blogging services, chat rooms, communications tools, forums and other public posting areas (“Communications Services”). We cannot and do not review everything that is posted in these Communications Services. You can expect these Communications Services to include information and opinions from individuals and organizations other than MotorcycleNerd LLC. We do not guarantee or endorse the accuracy of any posting, regardless of whether the posting comes from one of our users, from a celebrity or “expert” guest or from a member of our staff, and we are not responsible or liable for the views and opinions expressed. We support and encourage an open exchange of information and User Content, but we want everyone to be able to enjoy these Communications Services.
We do not review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other data available to us by virtue of your use of this Website and any Communication Services in order to comply with the law, to enforce these Terms of Use or to protect the rights, safety or property of visitors to this Website and/or users of any Communications Services, our customers, the public or MotorcycleNerd LLC and its owners, affiliates, licensors or licensees. We reserve the right, without assuming any obligation to review the content of this Website, including blogs, forums, message boards, chat rooms, listings and other User Content posted to this Website or via any Communications Services to determine compliance with these Terms of Use and any other rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to move, delete, refuse to post and/or edit any messages, postings, listings or other User Content that we consider inappropriate or unacceptable for legal or other reasons.
By using this Website and/or any Communications Services, you agree not to submit, post or transmit to MotorcycleNerd LLC through this Website or via any Communications Services any User Content that (i) violates in any way upon the rights of others, (ii) is unlawful, abusive, defamatory, threatening, invasive of privacy or publicity rights, misleading, obscene, profane, vulgar, fraudulent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without prior approval from MotorcycleNerd LLC, contains advertising or any solicitation relating to products or services. The sender of any User Content to this Website or through any Communications Services or otherwise to MotorcycleNerd LLC shall be solely responsible for the content and information contained therein, including its accuracy and truthfulness. By posting to this Website or via any Communications Services, or otherwise submitting User Content to MotorcycleNerd LLC, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, submit, post or upload such User Content. Without limiting the foregoing, a user shall be solely liable for any damage caused by any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any User Content provided to or through this Website or via any Communications Services. We reserve the right to deny access to this Website and/or any Communications Service to any user who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy this Website or Communication Services, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any communication with others, including law enforcement agencies.
Warranty Disclaimer
You agree that your use of this Website and all information, products and services available through this Website is entirely at your own risk. To the fullest extent permitted by law, MotorcycleNerd LLC and its owners, affiliates, licensors or licensees disclaim all warranties, expressed or implied, in connection with the website and your use thereof.
MotorcycleNerd LLC makes no warranties or representations about the accuracy, reliability or completeness of this Website’s content or any information, product or service made available through this Website and assumes no liability for any (i) errors, mistakes, or inaccuracies of content, (ii) property damage or personal injury of any nature whatsoever, arising out of your access to or use of this Website, (iii) any interruption or cessation of transmission to or from this Website, (iv) any unauthorized access to or use of any and all personal information and/or financial information collected by us (v) any viruses, bugs and the like which may be transmitted to or through this Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content, product or service provided or made available through this Website.
MotorcycleNerd LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this Website or any hyperlinked website or featured in any banner or other advertising, and MotorcycleNerd LLC will not be a party in any way responsible for monitoring any transaction between you and third-party providers of products or services.
MotorcycleNerd LLC and its owners, affiliates, licensors or licensees specifically disclaim all warranties, either express or implied by statute or otherwise, including warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
In no event shall MotorcycleNerd LLC and its owners, affiliates, licensors or licensees be liable to you or anyone else for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever (including, without limitation, damages for lost revenues or profits, or loss of business or data) resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) property damage or personal injury of any nature whatsoever, arising out of your access to or use of this Website, (iii) any interruption or cessation of transmission to or from this Website, (iv) any unauthorized access to or use of any and all personal information and/or financial information collected by us (v) any viruses, bugs and the like which may be transmitted to or through this Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content, product or service provided or made available through this Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not any such person or company has been advised of the possibility of such damages.
Without limiting the foregoing, you specifically agree that MotorcycleNerd LLC shall not be liable for any postings or submissions or the offensive, defamatory or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests solely with you.
This Website is controlled and offered by MotorcycleNerd LLC from its facilities in the United States of America. MotorcycleNerd LLC makes no representations that this Website is appropriate or available for use in other locations. Persons accessing or using this Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You hereby agree to defend, indemnify and hold harmless MotorcycleNerd LLC and it’s owners, affiliates, licensors and licensees from and against any and all claims, damages, costs, demands, obligations, losses and expenses (including but not limited to attorney’s fees), arising from or relating to: (i) your use of and access to this Website; (ii) your violation of any term of these Terms of Use or any matter for which you are responsible or liable under these Terms of Use; (iii) third party claims with respect to our use of any User Content that you have submitted to us or posted on this Website, including, without limitation, any infringement of copyright, trademark, trade secret, patent, property or privacy rights or any other claims or (iv) any dispute between you and any third party, including, but not limited to, any other user, advertiser or any party to any prospective, actual or terminated transaction or sale. This defense and indemnification obligation will survive these Terms of Use and your use of this Website.
Miscellaneous
It is strictly prohibited to use this Website for spamming. By using this Website, you agree not to use any data or information concerning other users of this Website, or any items such users have listed or searched for on this Website (including user names, email addresses, telephone numbers, listing information and/or other information), for any purpose that is not expressly permitted by these Terms of Use. You may not post any information directed to or collect personal data or information from any minor.
You agree to use this Website and the information, products and services made available through this Website for lawful purposes only. Any conduct by you that in our judgment restricts or inhibits any other person from using or enjoying this Website or the information, products or services on this Website will not be permitted.
You agree that all notices, disclosures and other communications that MotorcycleNerd LLC provides to you electronically satisfy any legal requirement that such communications be in writing.
Failure by MotorcycleNerd LLC to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof. Users may also be subject to additional and conditions that apply when they use or purchase certain other products or services from MotorcycleNerd LLC.
