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INTELLECTUAL PROPERTY AND USE OF THE SITE
All text, graphics and multimedia content available from the
entry point URL http://www.MotorSportsOfAmerica.net and pages
within that domain (the "Site") and all related
code (including but not limited to HTML, other mark-up languages,
and all scripts) within this site are the property of MotorSportsOfAmerica.net
and/or its affiliates. All material on this Site, including
(but not limited to) images, illustrations, audio clips and
video clips, is protected by copyrights that are owned or
controlled by MotorSportsOfAmerica.net or by other parties
that have licensed their material to MotorSportsOfAmerica.net
(or posted to the Site pursuant to a user agreement with MotorSportsOfAmerica.net).
Material from the Site may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way. Modification
of the materials or use of the materials for any other purpose
is a violation of copyright and other proprietary rights.
The use of any such material on any other Web site or computer
environment is prohibited.
The MotorSportsOfAmerica.net logo is a trademark and service
mark of MotorSportsOfAmerica.net. All other trademarks, service
marks and logos used on this Site are the trademarks, service
marks or logos of their respective owners.
MotorSportsOfAmerica.net has made every effort to secure appropriate
clearances for all proprietary intellectual properties used
on this Site. If you believe any material on this Site is
infringing, please
contact us immediately. Pursuant
to the Digital Millennium Copyright Act, MotorSportsOfAmerica.net
has a registered agent to receive copyright infringement claims.
You may notify MotorSportsOfAmerica.net of alleged intellectual
property rights infringement by contacting MotorSportsOfAmerica.net
Designated Agent at:
info@MotorSportsOfAmerica.net
NO WARRANTIES
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED
WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS
IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO)
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION),
MOTORSPORTSOFAMERICA.NET DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. MOTORSPORTSOFAMERICA.NET DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT MOTORSPORTSOFAMERICA.NETt) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS
SITE AND ALL SITE-RELATED SERVICES. IN PARTICULAR (BUT WITHOUT
LIMITATION), MOTORSPORTSOFAMERICA.NET IS NOT RESPONSIBLE FOR
THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE.
THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS
THEM AT YOUR OWN RISK.
Although MotorSportsOfAmerica.net attempts to ensure the integrity
and accurateness of the Site, it makes no guarantees whatsoever
as to the correctness or accuracy of the Site. It is possible
that the site could include inaccuracies or errors, and that
unauthorized additions, deletions and alternations could be
made to the site by third parties. In the event that an inaccuracy
arises, please inform MotorSportsOfAmerica.net so that it
can be corrected.
LEGAL STATUS OF PRODUCTS
It is the responsibility of the buyer, not the seller, to
ascertain, and obey, all applicable local, state, federal
and international laws in regard to the possession, and use,
of any item purchased from MotorSportsOfAmerica.net. All equipment
is sold subject to public law 90-351, title III, U.S.D., Section
2511, and any local, state or federal ordinances or international
law. Consult your local and state & country laws before
ordering if you are in doubt. Absolutely no sales to minors.
By placing an order, the buyer represents that the products
ordered will be used in a lawful manner and that the he/she
is of legal age. MotorSportsOfAmerica.net will not be held
liable for the misuse of any product purchased. Also as no
product is 100% effective against attack, MotorSportsOfAmerica.net
assumes no responsibility if a product purchased from us is
not effective in preventing bodily injury, dismemberment or
death. Should your item be confiscated by customs in your
country you will NOT be refunded and you waive any rights
you may have to deny your payment to us. Again, if you are
in doubt check your local laws before purchasing.
LIMITATION OF LIABILITY
MotorSportsOfAmerica.net, its affiliates and sponsors, are
neither responsible nor liable for any direct, indirect, incidental,
consequential, special, exemplary, punitive or other damages
arising out of or relating in any way to the Site, Site-related
services and/or content, or information contained within the
Site. Your sole remedy for dissatisfaction with the Site and/or
Site-related services is to stop using the Site and/or those
services.
The buyer acknowledges and understands that riding scooters
or electric bikes and other power sports equipment are hazardous
and dangerous activities that require strenuous exercise and
various degrees of skill and experience for the different
riding surfaces and venues. The buyer understands that these
activities can result in serious injury to the person and
damage to property and voluntarily assume and any and all
risks of loss, damage or injury while using these scooters.
ATVs, or bikes.
The buyer is aware of the risks, hazards and dangers of personal
injury, death and disability inherent with any and all activities
possible with use of the scooters, ATVs, and bikes we sell,
as well as those inherent risks, hazards and dangers of personal
injury, death and disability in participating in any power
sport event. The buyer is aware that the usual risks, hazards
and dangers of personal injury, death and disability increase
when using ramps, curbs, steps, inclines, or declines,
bowls or any other structure or device. The buyer also understands
that these risks, hazards and dangers are further increased
when other persons, whether of the same level of experience
or skill, are using the same bikes, ATVs, or scooters.
The
buyer agrees to release and forever discharge MotorSportsOfAmerica.net
and their agents, servants, employees, officers, directors,
trustees and all other persons or entities acting on their
behalf, from any and all claims, actions, damages, liability,
costs or expenses and attorney fees which are related to,
arise out of, or are in any way connected to the buyers participation
or use of scooters, ATVs or bikes purchased from MotorSportsOfAmerica.net,
use of equipment or property supplied by MotorSportsOfAmerica.net
or the buyers presence upon the premises, whether or not such
claims, actions, damages, liability, costs or expenses are
caused by the negligence of MotorSportsOfAmerica.net. The
buyer agrees to surrender and waive any rights to sue or exercise
any legal right to seek damages from MotorSportsOfAmerica.net
and their agents, servants, employees, officers, directors,
trustees and all other persons or entities acting on their
behalf.
These terms are effective and binding upon the buyers heirs,
agents, personal representatives and assigns. The buyer certifies
they are over 18 years of age. The buyer has read the foregoing
and acknowledge that they understand and agree to all of the
above terms and conditions. The buyer has had the opportunity
to ask any and all questions regarding this agreement and
the effect of the same. The buyer agrees that by purchasing
items or sending payment for items, they assume all risks
and waive and release certain substantial rights that they
may have or posses. The buyer therefore releases all liability
and waives any and all rights they may have in regards to
their child's activities with products purchased from MotorSportsOfAmerica.net.
OPERATION
MotorSportsOfAmerica.net reserves the right to withdraw, suspend
or discontinue any functionality or features in the Site,
including the cessation of all activities associated with
the Site.
PRIVACY AND DATA COLLECTION
By visiting the MotorSportsOfAmerica.net site, you expressly
consent to the collection and use by MotorSportsOfAmerica.net
of personally identifiable information, on an individual and
an aggregate basis, as set forth in the Privacy and Data Collection
Policy.
GENERAL PROVISIONS
This Agreement shall be governed by, construed and enforced
in accordance with the laws of the State of New Jersey, as
it is applied to agreements entered into and to be performed
entirely with such state. Any action you, any third party,
or MotorSportsOfAmerica.net bring to enforce this agreement,
or in connection with any matters related to this site, shall
be brought only in either the state or Federal courts located
in Burlington County, New Jersey. You expressly consent to
the jurisdiction of said courts.
If any provision of this agreement shall be unlawful, void,
or for any reason unenforceable, then that provision shall
be deemed severable from this agreement, and shall not affect
the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating
to the matters set forth herein, and shall not be modified
except in writing, signed by MotorSportsOfAmerica.net.
MotorSportsOfAmerica.net reserves the right to change or update
these terms and conditions of use at any time. Any changes
or updates will be effective immediately upon posting to the
site.
© 2005 by MotorSportsOfAmerica.net All rights reserved.
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