We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through the Website, e-mail, facsimile, U.S. mail or other means, shall be and remain the exclusive property of MotoOption. Your submission of any such Comments shall constitute an irrevocable assignment to MotoOption of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, MotoOption and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
MotoOption is a registered trademark of MotoOption, LLC. MotoOption and other marks indicated on our Website are trademarks or registered trademarks of MotoOption and its affiliates in the United States and other countries. All rights in such names are hereby reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all MotoOption or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to MotoOption or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark of MotoOption or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by MotoOption or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of MotoOption or any third party.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of MotoOption or its lawful successors and assigns.
LICENSE AND WEBSITE ACCESS
MotoOption grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MotoOption. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MotoOption. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MotoOption and its affiliates without express written consent of MotoOption. You may not use meta tags or any other hidden text using MotoOption’s name or trademarks without the express written consent of MotoOption. Any unauthorized use will immediately terminate the permission or license granted by MotoOption.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MotoOption so long as the link does not portray MotoOption or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by MotoOption in its sole discretion. You may not use any MotoOption logo or other proprietary graphic or trademark as part of the link without express written permission of MotoOption. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by "deep linking," or otherwise, without prior written permission from MotoOption.
THIRD PARTY AND CO-BRANDED WEBSITES
The Website may contain hyperlinks ("links") to websites operated by persons or entities other than MotoOption ("third-party Websites") or to co-branded websites operated by a third party, including affiliates ("co-branded Websites"). We provide such links for your reference and convenience only. A link from MotoOption to a third-party Website does not imply or mean that we endorse the content on that third-party or co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Websites to which you might link from our Website.
MOTOOPTION IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from MotoOption. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other interaction with the Website or any co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with MotoOption or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.
RISK OF LOSS
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, MotoOption. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when MotoOption delivers these items to the carrier.
MotoOption attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free.
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.
You agree to defend, indemnify, and hold harmless MotoOption and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by MotoOption arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.
MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MotoOption as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of MotoOption right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by MotoOption with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of MotoOption to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between MotoOption and you regarding our Website and its contents.
All rights not expressly granted herein are hereby reserved to MotoOption.