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- Terms of Use
- Moto123.com is a division, a registered trademark and a website of Xprima.com Corporation ("Xprima.com").
- All website services provided to you by Xprima.com and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as "Moto123.com" or "we") are provided to you subject to the following terms and conditions of service. By using Moto123.com website ("Moto123.com Site") or any products, content or other services available on Moto123.com Site (each a "Service" and collectively, the "Services"), including Services offered on a payment basis, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Moto123.com Site or Service (collectively the "Terms and Conditions"), all as may be modified by Moto123.com in accordance with these Terms and Conditions. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to shall be the entire agreement between you and Moto123.com and any prior communications between you and Moto123.com (including, for example, e-mails) do not form part of these Terms and Conditions. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE MOTO123.COM SITE OR ANY OF THE SERVICES.
- Moto123.com may update or revise these terms of use ("Terms of Use") at any time. If we revise the Terms of Use, unless otherwise mentioned, such revision shall be effective fifteen (15) days after posting the new Terms of Use on Moto123.com Site. Please check this page periodically for updates and new information. You agree to review the Terms of Use periodically to become aware of such revisions. You can view the Terms of Use at any time by clicking on the Terms of Use link on the home page of Moto123.com Site. Your continued use after a revised Terms of Use is posted on Moto123.com Site will mean that you accept all such revisions as at the date they become effective. IF YOU DON'T AGREE TO THE CHANGES, OR TO ANY OF THE TERMS IN THESE TERMS OF USE, YOUR ONLY REMEDY IS NOT TO USE MOTO123.COM SITE AND TO CANCEL ANY SERVICES YOU HAVE SIGNED UP FOR.
- 1. USER RESPONSIBILITY
- If you violate these Terms of Use, we may issue you a warning about the violation, or we may choose to immediately terminate your right to use Moto123.com Site and all accounts that you have established. You acknowledge that Moto123.com is not required to provide you notice before termination, but it may choose to do so at its sole discretion.
- 2. LINKS TO EXTERNAL SITES
- Moto123.com Site may provide links to other websites operated by third parties. We may also provide access to or through third-party vendors. Any charges or obligations you incur in your dealings with these third parties are entirely your responsibility.
- Please exercise discretion while browsing the Internet. Moto123.com Site may contain hyperlinks to other web sites that are not operated by Moto123.com. If you click on a link to a third party site, including on an advertisement, an Ad company, or other service provider, you will leave Moto123.com Site you are visiting and go to the site you selected. These linked sites are not necessarily under the control of Moto123.com. 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 and other destructive elements. Furthermore, you acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites. Moto123.com does not control these web sites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such web sites or as implying any particular association between Moto123.com and their operators. Such hyperlinks, where provided by Moto123.com Site, are for your convenience only.
- 3. ONLINE CONTENT
- While Moto123.com makes every effort to ensure that all of the content on our site is up-to-date, readily available, and clearly explained, WE CANNOT GUARANTEE THAT THE SITE WILL ALWAYS BE UP OR THAT ITS CONTENTS WILL ALWAYS BE ACCURATE. CIRCUMSTANCES BEYOND OUR CONTROL MAY OCCASIONALLY MAKE THE SITE UNAVAILABLE; DATA TRANSMISSIONS MAY BE INTERRUPTED; AND WE MAY PROVIDE LINKS TO OTHER SITES WHOSE CONTENT WE CANNOT MONITOR OR OTHERWISE MANAGE .
- 4. VEHICLE IMAGES
- The number of possible combinations of vehicle makes, models, styles, colors and options is potentially infinite. While the vehicle photos displayed on this site will match your chosen vehicle as closely as possible, they are samples only and may not reflect your exact choice of vehicle, color, and trim.
Automotive Images, Copyright [2000 - 2013] Homestar Systems Inc. All rights Reserved. Some of the automotive images contained herein are owned by Homestar Systems Inc., and are protected under United States and international copyright law. Access to and use of these images is restricted by terms and conditions of a separate license agreement. Any unauthorized use, reproduction, distribution, recording or modification of these images is strictly prohibited.
- 5. TYPOGRAPHICAL ERRORS
- While we try to make sure that all prices posted here are accurate at all times, we cannot be responsible for typographical and other errors that may appear on the site. If the posted price for a product or service is incorrect due to typographical or other error (e.g., data transmission), Moto123.com is only responsible for the correct price, which we will endeavor to provide to you as soon as we become aware of the error. Moto123.com reserves the right to refuse or cancel any orders for products or services listed at an incorrect price.
- 6. ONLINE CONDUCT
- Online conduct is subject to all applicable laws and should also be guided by common sense and basic etiquette. Ignorance of the law is no excuse. We may terminate your use of Moto123.com Site and cooperate with law enforcement in the event of illegal behavior.
- You agree that you will be personally responsible for your use of Moto123.com Site and for all of your communication and activities, including any content you may contribute, and that you will indemnify and hold harmless Moto123.com, its affiliates, employees, officers, directors, mandataries and agents from any liability or damages arising from your conduct on Moto123.com Site, including any content that you may contribute.
- Without limiting the generality of the foregoing, you will violate the Terms of Use if you do any of the following:
- Post, transmit, promote or distribute any content that is of an illegal nature;
- Harass, threaten, embarrass or do anything else that is abusive, libelous, defamatory, obscene or improper. Therefore, do not say offensive things about other persons, don't keep sending them unwanted messages, don't attack their race, sexual orientation, religion, heritage, etc.;
- Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable;
- Impersonate another person (including celebrities), indicate that you are an Moto123.com employee or a representative of Moto123.com, or attempt to mislead users by indicating that you represent Moto123.com or any of Moto123.com's partners or affiliates;
- Promote or encourage any illegal activity including phishing, uploading malicious or viral code, hacking, cracking or distribution of counterfeit software;
- Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our service;
- Modify any part of any Moto123.com Site that Moto123.com does not specifically authorize you to modify; or
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers running Moto123.com Site;
- You further agree that these Terms of Use will apply to anyone that you allow to use your service account or user ID, and that you are personally responsible for the consequences (including termination of your account) that may result if any such person breaks these Terms of Use.
- 7. LIMITATION OF WARRANTY AND LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF MOTO123.COM SITE, AND THE INTERNET IS AT YOUR SOLE RISK. MOTO123.COM SITE, MOTO123.COM'S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. MOTO123.COM PROVIDES THE SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE MOTO123.COM SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MOTO123.COM WILL HAVE ADEQUATE CAPACITY FOR USE OF THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MOTO123.COM IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT MOTO123.COM, ITS SUBSIDIARIES, LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON MOTO123.COM. IN NO CASE SHALL MOTO123.COM OR ITS SUBSIDIARIES, LICENSORS, LICENSEES, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, " MOTO123.COM AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MOTO123.COM FOR THE USE OF THE MOTO123.COM SITE. IN NO CASE SHALL MOTO123.COM OR MOTO123.COM AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE MOTO123.COM SITE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF MOTO123.COM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, MOTO123.COM'S AND ITS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. MOTO123.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE MOTO123.COM SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- 8. PROPRIETARY RIGHTS, COPYRIGHTS AND TRADEMARKS.
- Intellectual Property Rights
- Moto123.com respects the intellectual property rights of others. You may not upload or post on Moto123.com Site any content protected by copyright, trademark or other intellectual property rights (the "Intellectual Property Rights") unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable content. Moto123.com may, without prior notice to you, remove from any content that Moto123.com in its sole judgment believes may infringe the Intellectual Property Rights of a third party. If you are a repeat infringer of a third party's Intellectual Property Rights, Moto123.com may immediately terminate your access to Moto123.com Site without prior notice to you.
- If you are a copyright owner and you believe that any content posted on the Moto123.com Site infringes your rights, you may submit a written notification to us at our mailing address.
- Copyright
- Moto123.com Site is owned and operated by Xprima.com. Unless otherwise specified, all materials appearing on this site, including site design, text, graphics, logos, images, icons interfaces, and the selection, assembly and arrangements thereof are the sole property of Xprima.com. Any other use of materials on this site, including but not limited to, reproduction for purposes other than those noted above, modification, transmission, display, distribution or republication, without prior written permission of Xprima.com, is strictly prohibited.
- Trademarks
- Moto123.com and all other trademarks and service marks owned by Xprima.com and appearing on this site are registered trademarks, trademarks or service marks of Xprima.com. All custom graphics, icons, logos and other items that appear on this site, other than the vehicles and their make and model names, are trademarks, service marks or trade dress of Xprima.com. All vehicles make and model names are trademarks of their respective manufacturers. The use of any Xprima.com trademark or service mark without express written consent from Xprima.com is strictly prohibited.
- 9. PRIVACY
- By agreeing to these Terms of Use, you acknowledge that you have read the terms of the Privacy Policy and consent to the collection, use and disclosure of your personal information in accordance with these terms.
- 10. OTHER LEGAL TERMS
- The Terms of Use and any posted rules or instructions regarding a particular, activity, contest, or sweepstakes, constitutes the entire agreement between you and Moto123.com regarding your rights and obligations in your use of the Moto123.com Site. If there is any discrepancy, between the Terms of Use and any other rules or instructions posted on Moto123.com Site, each clause will be interpreted in light of the principles of interpretation of contracts of the Civil Code of Quebec. If you have questions about the Terms of Use, please contact us by emailing termsofuse@moto123.com.
- These Terms of Use shall be interpreted in accordance with the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Moto123.com Terms of Use and the Moto123.com Privacy Policy, including Moto123.com's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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