Terms and Conditions
Created and posted on December 14, 2009
Please review before using this website – if you do not agree to these terms and conditions of use, do not use this website.
Welcome to MotorcyclePartsAndAccessoriesBlog.com (”MPAAB”). The mission of this J&P Cycles®-owned Internet-based property is to provide information and resources of value to individuals interested in motorcycles and aftermarket motorcycle parts (the “Services”). To provide the Services, we have to set out some ground rules in this document (the “Terms”). By accessing, using, or contributing to the Services, and in consideration for the Services we provide to you, you agree to abide by the Terms.
MPAAB may change the Terms from time to time, at MPAAB’s sole discretion. Your continued use of this website and blog following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms.
MPAAB is an information starting point. MPAAB does not provide or replace individualized motorcycle installation, motorcycle maintenance, or motorcycle safety-related advice. This website and blog may include information which is out of date, jurisdiction specific, or applicable only based on a specific set of facts. Use of the Services does not create a mechanic-customer relationship between the user and MPAAB. If you are in need of motorcycle mechanic, parts installation, or safety advice, seek out a qualified professional and DO NOT rely on MPAAB.
Disclaimer of Warranty and Limitation of Liabilities
This website and blog is provided on an “as is” and “as available” basis. MPAAB makes no representations or warranties of any kind, express or implied, as to the site’s operation or the information, content or materials included on this site. To the full extent permissible by applicable law, MPAAB hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose.
MPAAB will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk.
To utilize the Services, or certain portions thereof, you may be required to complete a registration process and establish an account with MPAAB (”MPAAB Account”). You represent and warrant that all information provided by you to MPAAB is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Password and Security
As a registered user of MPAAB Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and MPAAB Account(s). You understand and agree that you are fully responsible for all actions and postings made from your MPAAB Account(s). Any accounts you create are not transferable. You agree to notify MPAAB immediately if you become aware of any unauthorized use of your MPAAB Account(s).
MPAAB reserves the right to terminate your MPAAB Account or restrict access to your MPAAB Account, to delete any content posted through your MPAAB Account, or to delete any content posted by you as an unregistered user, with or without notice, for any or for no reason, and without any liability to you.
You understand that material made available by MPAAB is a product of both a business and community effort and may not necessarily represent the view of MPAAB. MPAAB assumes no responsibility for the accuracy, suitability, or completeness of any content provided, including but not limited to blog entries, blog comments, content linked to, links, or any other content that may be found on MPAAB.
You understand that MPAAB has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that MPAAB endorses or is affiliated with any third-party website. You agree that MPAAB bears no responsibility or liability for any content accessed or harm caused from any third-party website.
By posting or contributing content–including comments–using these Services, you are granting MPAAB a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.
Contributed content–including comments–should be relevant to the subject scope of MPAAB. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
MPAAB does not pre-screen any contributed content, including comments, but MPAAB has the right (though not the obligation) to remove, without notice, any content, including comments, posted which MPAAB considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. MPAAB may terminate any account, with or without notice, for posting such content. MPAAB may temporarily or permanently block offending commenters’ IP (Internet Provider) addresses if a commenter has posted comments that are threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, abusive, off-topic, used excessive foul language, or include ad hominem attacks. This means the abusive commenter is banned from commenting on MPAAB in the future, even if the later comments are not abusive.
User Representations and Warranties
By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, abusive, off-topic, uses excessive foul language, or includes ad hominem attacks, or obscene or pornographic material, or other material that would violate applicable local, state, or federal law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
You acknowledge and agree to indemnify and hold MPAAB and their affiliates, officers, employees, partners, advisors, distributors and agents, harmless, including for costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.
Please read our Community and Commenting Guidelines, which are incorporated herein by reference.
MPAAB reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.
Termination of Service
MPAAB disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. MPAAB reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
Extent of Terms
The Terms apply to use of and contribution to the MPAAB website and any account provided therefore. MPAAB may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
No Waiver of Terms
Failure of MPAAB to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
Governing Law and Entire Agreement
These Terms are governed by the laws of State of Iowa, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of Iowa in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it.
The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Website and Blog Terms & Conditions of Use were created and posted on December 14, 2009.