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ACCEPTANCE OF TERMS
By using this site, you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms and Conditions of Use"). If
you do not agree to these Terms and Conditions of Use please do not use this site.
We reserve the right, at our discretion, to update or revise these Terms and Conditions
of Use. Please check the Terms and Conditions of Use periodically for changes.
Your continued use of this site following the posting of any changes to the Terms
and Conditions of Use constitutes acceptance of those changes.
DESCRIPTION OF SERVICE
VOZ CYCLE City inc. provides users with a collection of on-line resources including
online shopping and an assortment of interactive features (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance the Service
shall be subject to the Terms and Conditions of Use. You understand and agree
that the Service is provided "AS-IS" and that VOZ CYCLE City inc. assumes no responsibility
for the timeliness, deletion, mis-delivery, or failure of the Service.
RULES OF USER CONDUCT AGREEMENT
You agree to abide by all terms contained on VOZ CYCLE City inc. website and
not to use this site for any unlawful purpose.
THIRD PARTY SITES & LINKS
This site maintains and actively collects links that will send you to other sites
on the Internet. Because VOZ CYCLE City inc. has no control over such sites and
resources; you acknowledge that VOZ CYCLE City inc. is not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect of the
content of such sites. The inclusion of such a link does not imply endorsement
of the site by VOZ CYCLE City inc. or any association with its operators.
DEALINGS WITH ADVERTISERS
Your business dealings or correspondence with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that VOZ CYCLE City inc. shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
VOZ CYCLE City inc. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and all content and materials available
on this site are protected by copyrights, trademarks, service marks, patents,
trade secrets, or other proprietary rights and laws. Except as expressly authorized
by VOZ CYCLE City inc. you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from such materials or content. Notwithstanding
the above, you may print or download one copy of the materials or content on this
site on any single computer for your personal, non-commercial use, provided you
keep intact all copyright and other proprietary notices. Systematic retrieval
of data or other content from this site to create or compile, directly or indirectly,
a collection, compilation, database or directory without written permission fromVOZ
CYCLE City inc. is prohibited. In addition, use of the content or materials for
any purpose not expressly permitted in these Terms and Conditions of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes
of any materials or design elements on this site is strictly prohibited without
the express written permission of VOZ CYCLE City inc. Permission is granted only
when certain limited criteria are met. Email voz@netzero.com for information and to request such permission.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
2. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE.
3. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
4. MOTORCYCLE SUPERSTORE, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. NO ADVICE, INFORMATION, OR COMMUNICATAION, WHETHER WRITTEN OR ORAL, OBTAINED
BY YOU FROM MOTORCYCLE SUPERSTORE OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE.
6. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL VOZ CYCLE City inc. ITS AFFILIATES, OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VOZ CYCLE City inc. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VOZ CYCLE City
inc. LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless VOZ CYCLE City inc. and its
affiliates, affiliated companies, co-branders, other partners, and their employees,
contractors, officers, and directors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use or misuse of this site. VOZ
CYCLE City inc. reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with VOZ CYCLE City inc. in asserting any available
defenses.
INTERNATIONAL USE
VOZ CYCLE City inc. makes no representation that materials on this site are appropriate
or available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who choose
to access this site from other locations do so on their own initiative and are
responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of NEW YORK, excluding its conflicts of law rules. You expressly
agree that the exclusive jurisdiction for any claim or action arising out of or
relating to these Terms of Use or your use of this site shall be filed only in
the state or federal courts located in the State of NEW YORK, and you further
agree and submit to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement
between you and VOZ CYCLE City inc. with respect to this site and supersedes all
prior or contemporaneous communications and proposals (whether oral, written,
or electronic) between you and VOZ CYCLE City inc.with respect to this site. If
any part of these Terms of Use 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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