| 1. Acceptance of Terms
of Ser
vice |
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The
Cycle Parts USA Web Site
www.CyclePartsUSA.com
is pro
vided
to you by Cycle Parts USA under these Terms of Ser
vice.
Terms of Ser
vice
will govern your use of the
Cycle Parts USA Web Site, including access to
Web Site areas and any other features which may be pro
vided
to you in connection with the
Cycle Parts USA, Inc Web Site. BY USIND THE CYCLE PARTS USA. WEB SITE YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND
BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. If
you do not agree to these Terms of Ser
vice,
please do not enter the
Cycle Parts USA Web Site.
From time to time,
Cycle Parts USA, Inc may supplement these Terms of
Ser
vice
with additional terms pertaining to specific content or events ("Additional
Terms"), which Additional Terms may be placed on the
Cycle Parts USA Web Site to be
viewed
in connection with the specific content or events and shall be identified as
such. You understand and agree that such Additional Terms are hereby
incorporated by reference into these Terms of Ser
vice.
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| 2.
THE CYCLE PARTS USA Web Site Content
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The
Cycle Parts USA Web Site shall consist of the
text and images contained therein and their arrangement as modified from time
to time ("Content"). The information on this Web Site is intended to furnish
you with general information on matters that you may find to be of interest.
The information presented on this Web Site should not be construed as ad
vice
of any sort. This Web Site may from time to time contain threaded discussion
groups, bulletin boards and chat rooms. Unless
Cycle Parts USA specifically is identified as
the author of a message, the responsibility for any opinions, statements or
other information contained in any messages posted or transmitted by any third
party on the Web Site resides solely with the author.
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| 3.
Property Rights
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| All
Content is protected by copyrights, trademarks and other intellectual and
proprietary rights ("Rights") and except as explicitly pro
vided
otherwise, the Terms of Ser
vice
and applicable copyright, trademark and other laws govern your use of such
Content. You may not post to the
Cycle Parts USA Web Site, copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise transfer any
material subject to any Rights. The burden of determining that any information,
software, images or any other Content on the Cycle Parts USA Web Site is not protected by Rights rests with you.
You acknowledge that Cycle Parts USA
may acquire Rights to use any posted materials as described below, and that you
will not acquire any of those Rights by downloading such materials.
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| 4.
Submission of Content by You
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| By
submitting Content, which shall include your member name, to any "public area"
of the
Cycle Parts USA Web Site, including community
message boards, forums, and chat rooms, you grant Cycle Parts USA and its affiliates a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the Content (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any Rights that
may exist in such Content. You also permit any subscriber to access, display,
view,
store and reproduce such Content for personal use.
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| 5.
Modifications of these Terms of Ser
vice
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| Cycle Parts USA may modify these Terms of Ser
vice
from time to time in its sole discretion. You may check whether changes have
been made at any time, and, if you disagree with such changes, please arrange
to terminate your registration immediately and to discontinue use of the
Cycle Parts USA Web Site. Your continued use of
the Cycle Parts USA Web Site will
signify your acceptance of any changes in the Terms of Ser
vice.
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| 6.
Modifications of the Cycle Parts USA Web Site
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| Cycle Parts USA may modify or discontinue the
Cycle Parts USA Web Site with or without notice
to you and without liability to you or any third party.
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| 7.
Your Responsibilities
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You alone are
responsible for the Content of anything you post to
Cycle Parts USA Web Site, and the consequences
of any such messages. Cycle Parts USA
reserves the right to terminate your registration if it becomes aware and
determines, in its sole discretion, that you are
violating
any of the following guidelines.
Any use by you of
any other subscriber's information, personal or otherwise, for any commercial
purpose or to obtain direct financial gain (e.g., mass marketing) is
prohibited. Any such use shall be deemed to be a
violation
of these Terms of Ser
vice.
The Cycle Parts USA Web Site is to be used by you for
your personal use only. Commercial uses of the Cycle Parts USA Web Site are strictly prohibited unless prior
written consent from Cycle Parts USA
has been granted. You agree that you will not use the Cycle Parts USA Web Site for chain letters, junk mail,
'spamming,' solicitations (commercial or non-commercial) or bulk communications
of any kind including but not limited to distribution lists to any person who
has not given specific permission to be included in such a list.
You further agree not to use the
Cycle Parts USA Web Site to send or post on
message boards or any place on the Cycle Parts USA
Web Site, any message or material that is illegal, harassing, libelous,
threatening, vulgar, inaccurate or otherwise offensive or objectionable.
Cycle Parts USA reserves the right to delete
any such material from the Cycle Parts USA
Web Site in addition to terminating your
registration. You agree not to impersonate any other person or entity. You
further agree not to use an inappropriate member name of any kind.
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| 8.
Registration and Password
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| You
are responsible for maintaining the confidentiality of your information and
password. You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify
Cycle Parts USA of any unauthorized use of your
registration or password.
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| 9.
Disclaimer of Warranties
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YOU
EXPRESSLY AGREE THAT USE OF THE CYCLE PARTS USA WEB SITE IS AT
YOUR SOLE RISK. THE CYCLE PARTS USA WEB SITE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. CYCLE PARTS USA EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. CYCLE PARTS USA MAKES NO WARRANTY THAT THE
CYCLE PARTS USA WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT
THE CYCLE PARTS USA WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, ERROR-FREE, FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT CYCLE PARTS USA DOES NOT GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY
INFORMATION IN THE CYCLE PARTS USA WEB SITE. CYCLE PARTS USA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR
ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR
IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR
PARTICIPATION IN THE CYCLE PARTS USA WEB SITE IS SOLELY AT YOUR
OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM CYCLE PARTS USA OR THROUGH THE CYCLE PARTS USA WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CYCLE PARTS USA IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD
WIDE WEB PAGES THAT IS CONTAINED OUTSIDE CYCLE PARTS USA'S SITE.
AS A CONVENIENCE TO OUR MEMBERS, WE MAY PROVIDE LINKS TO RESOURCES WHICH ARE
BEYOND OUR CONTROL. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY,
FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS.
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| 10.
Applicable Law
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| These
Terms of Ser
vice
shall be governed by and construed in accordance with the laws of the State of
Illinois
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without gi
ving
effect to its conflict of laws pro
visions.
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| 11.
Remedies for Breach of These Terms by You
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| In
the event that
Cycle Parts USA determines, at its sole
discretion, that you have breached any portion of these Terms of Ser
vice,
or have otherwise demonstrated conduct inappropriate for the
Cycle Parts USA Web Site, Cycle Parts USA reserves the right to (I) warn you
via
e-mail that you have
violated
these Terms of Ser
vice;
(II) delete any Content pro
vided
by you or your agent(s) to the
Cycle Parts USA Web Site; (III) discontinue
your registration with the Cycle Parts USA
Web Site; (IV) notify and/or send Content to and/or fully cooperate with the
proper law enforcement authorities for further action; and/or (V) pursue any
other action which Cycle Parts USA deems
to be appropriate.
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| 12.
Miscellaneous
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| In
the event that any pro
vision
of the Terms of Ser
vice
conflicts with the law under which the Terms of Ser
vice
are to be construed or if any such pro
visions
are held invalid by a court with jurisdiction over the parties to the Terms of
Ser
vice,
such pro
vision
will be deemed to be restated to reflect as nearly as possible the original
intentions of the parties in accordance with applicable law, and the remainder
of these Terms of Ser
vice
will remain in full force and effect.
Cycle Parts USA reserves the right to charge
fees, surcharges and/or membership dues for certain Site areas at any time upon
thirty (30) days' prior written notice to you.
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