Terms of Service
Welcome to HarleyPartsBrokers.com. Please read this Terms
of Service Agreement (the "Agreement") carefully before using
the HarleyPartsBrokers.com website (the "Site"). By using this
Site, you agree to be bound by this Agreement. If you do not wish to
be bound by this Agreement, please do not use the Site.
The Site is controlled and operated by HarleyPartsBrokers.com, Inc. ("HarleyPartsBrokers.com," "we," "us," or "our").
If you wish to contact us, you may e-mail us at thebroker@HarleyPartsBrokers.com.
The Site and this Agreement may be updated by us from time to time without
notice to you. You can review the most current version of this Agreement
at any time by visiting our website and clicking on the Terms of Service
link on our homepage. Whenever visiting the Site you shall also be subject
to our Privacy Policy, which is hereby incorporated by reference into
this Agreement. In addition, when using any of the particular services
of the Site, such as our classifieds, you shall be subject to any guidelines
or rules applicable to such services which may be posted and revised
from time to time. All such guidelines or rules, including our Classifieds
Rules are hereby incorporated by reference into this Agreement.
[top] Description of Service
HarleyPartsBrokers.com currently provides users with access to a collection
of on-line resources and properties (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new HarleyPartsBrokers.com
properties, shall also be subject to this Agreement. You understand and
agree that the Service is provided "AS-IS" and "AS-AVAILABLE" and
that HarleyPartsBrokers.com assumes no responsibility for the accuracy, timeliness, deletion,
mis-delivery or failure to store any user communications, personalization
settings, classifieds, or any other user materials. In order to use the
Service, you must obtain an email account and access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device or service.
[top] Your Obligations
As consideration for your use of the Service, you agree
to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such
information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or HarleyPartsBrokers.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, HarleyPartsBrokers.com has the right to suspend or cancel your
account and refuse any and all current or future use of the Service
(or any portion thereof).
Member Account, Password and Security You will receive a password and user account upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and your account, and are fully responsible
for all activities that occur under your password or on your account.
You agree to:
(a) immediately notify HarleyPartsBrokers.com of any unauthorized use of
your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
HarleyPartsBrokers.com cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section.
Member Conduct You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated.
This means that you, and not HarleyPartsBrokers.com, are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service. HarleyPartsBrokers.com
does not control the Content posted via the Service and, as such, does
not endorse or otherwise guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will HarleyPartsBrokers.com be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise transmitted via the Service. You agree to
not use the Service to:
(a) upload, post, email or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not
limited to an HarleyPartsBrokers.com representative, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Service;
(e) upload, post, email or otherwise transmit any Content
that you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
(g) upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except that classifieds sellers may, subject to the limitations contained
in our Classifieds Rules, upload unsolicited advertising or promotional
materials only within their own classifieds listings;
(h) upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, emulate, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the Service are able
to type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another; or
(m) collect or store personal data about other users.
You acknowledge that HarleyPartsBrokers.com does not pre-screen Content, but
that HarleyPartsBrokers.com and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available
via the Service.
Without limiting the foregoing, HarleyPartsBrokers.com and its designees shall have the
right to remove any Content that violates this Agreement or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by HarleyPartsBrokers.com or submitted to HarleyPartsBrokers.com,
including without limitation information in HarleyPartsBrokers.com chat
areas and in all other parts of the Site. You acknowledge and agree that
HarleyPartsBrokers.com may preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates the
rights of third-parties; or
(iv) protect the rights, property, or personal safety
of HarleyPartsBrokers.com, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve
(i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements
of connecting networks or devices.
Submissions
(a) For purposes of this Agreement, "publicly accessible
areas of the Site" are those accessible by the general public.
By way of example, a publicly accessible area of the Site would include
public HarleyPartsBrokers.com chat areas or classifieds.
(b) With respect to all Content you elect to post to publicly
accessible areas of the Site, you grant HarleyPartsBrokers.com the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, publicly perform and display such Content (in
whole or part) worldwide and/or to incorporate it in other works in
any form, media, or technology now known or later developed.
(c) You warrant that any submission you make to us is
original with you and accurate. You agree that you will not submit
or otherwise publish through the Site any content which:
(i) may constitute libel, defamation, invasion of privacy, or is
obscene, pornographic, abusive, or threatening;
(ii) may infringe any intellectual property or other right of any
entity or person;
(iii) may violate any applicable law or advocates illegal
activity; or
(iv) solicits funds or is a solicitation for goods or
services.
(d) You acknowledge, understand, and agree that we are
not responsible for any material posted to the publicly accessible
areas of the Site. We will cooperate with any law enforcement authorities
and comply with any judicial order requesting or directing us to disclose
the identity of anyone posting materials in violation of any applicable
federal, state, or local laws.
(e) Copyright Infringement Notice. HarleyPartsBrokers.com respects the intellectual
property of the visitors to the HarleyPartsBrokers.com Site. For more
information, or if you feel your copyrights have been violated, please
refer to our Notice of Designated Agent for Notification of Copyright
Infringement, which is hereby incorporated into this Agreement by reference.
Indemnity You agree to indemnify and hold harmless HarleyPartsBrokers.com, and its subsidiaries,
affiliates, officers, assigns, successors, agents, co-branders or other
partners, and employees from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of this Agreement,
or your violation of any rights of a third party.
Applicability of Online Materials All materials on the Site ("Online Materials"),
unless otherwise specified, are presented solely for the purposes of
entertainment and the promotion and exchange of goods and services available
in the United States and its territories. The Site is controlled and
operated by HarleyPartsBrokers.com from its offices within the State of Florida. We make
no representation that the Online Materials are appropriate or available
for use in other locations. Those who visit the Site from other locations
do so on their own initiative and are responsible for compliance with
all applicable local laws. NOTE: WE DO NOT ENDORSE ANY INFORMATION OR
OPINIONS EXPRESSED ON THE BULLETIN BOARDS OR IN THE CHAT OR CLASSIFIEDS
AREAS CONDUCTED ON THE SITE AND WE MAKE NO REPRESENTATIONS OR WARRANTIES
REGARDING SUCH INFORMATION OR OPINIONS OR ANY OTHER MATTER RELATING TO
THE SERVICE.
Special Admonitions for International Use Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct, acceptable Content,
and online purchases and sales. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside, and to pay
any duties or taxes for which you may be responsible.
No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the Service, use
of the Service, or access to the Service.
General Practices Regarding Use and Storage You acknowledge that HarleyPartsBrokers.com may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space
that will be allotted on HarleyPartsBrokers.com's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that HarleyPartsBrokers.com has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that HarleyPartsBrokers.com reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge
that HarleyPartsBrokers.com reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
Modifications to Service HarleyPartsBrokers.com reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that HarleyPartsBrokers.com shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
Termination You agree that HarleyPartsBrokers.com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if HarleyPartsBrokers.com believes that you have
violated or acted inconsistently with the letter or spirit of this Agreement.
HarleyPartsBrokers.com may also, in its sole discretion, and at any time discontinue providing
the Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision of
this Agreement may be effected without prior notice, and acknowledge
and agree that HarleyPartsBrokers.com may immediately deactivate or delete your account
and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that
HarleyPartsBrokers.com shall not be liable to you or any third-party for any termination
of your access to the Service.
Dealings with Buyers, Sellers & Traders Your correspondence or business dealings with, or participation
in promotions of, buyer, seller & traders 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 buyer, seller & trader.
You agree that HarleyPartsBrokers.com shall not be responsible or liable for any loss or
damage of any sort incurred as a result of any such dealings or as the
result of the presence of such buyer, seller & traders on the Service.
Links (Reciprocal, outgoing and incoming) The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because HarleyPartsBrokers.com has no
control over such sites and resources, you acknowledge and agree that
HarleyPartsBrokers.com is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
HarleyPartsBrokers.com shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource.
HarleyPartsBrokers.com's Proprietary Rights
All Online Materials, including, without limitation, names,
logos, trademarks, service marks, images, illustrations, audio clips,
and video clips, are protected by copyrights and other intellectual property
rights owned and controlled by HarleyPartsBrokers.com, our partners, or by other parties
that have licensed their material to us. No Online Material may be copied,
reproduced, republished, uploaded, posted, transmitted, distributed in
any way, or otherwise used for any purpose without the prior written
permission of their respective owners. You may not add, delete, distort,
or otherwise modify the Online Materials. Any unauthorized attempts to
modify any Online Material, to defeat or circumvent our security features,
or to utilize the Site for other than their intended purposes are prohibited.
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. Except as expressly authorized
by HarleyPartsBrokers.com or its buyer, seller & traders, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part. HarleyPartsBrokers.com grants you a personal,
non-transferable and non-exclusive right and license to use the object
code of the Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions
of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by HarleyPartsBrokers.com
for use in accessing the Service.
Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
HarleyPartsBrokers.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) HarleyPartsBrokers.com MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM HarleyPartsBrokers.com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS AGREEMENT.
(e) HarleyPartsBrokers.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ON PRODUCTS OR SERVICES LISTED ON OUR CUSTOMERS' CLASSIFIEDS SITES.
IF YOU HAVE A DISPUTE WITH BUYERS OR SELLERS, YOU HEREBY RELEASE HarleyPartsBrokers.com
AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES,
CUSTOMERS, SUPPLIERS, SERVICE PROVIDERS AND EMPLOYEES FROM ALL CLAIMS,
DEMANDS, DAMAGES, INCLUDING ACTUAL AND CONSEQUENTIAL, OF EVERY KIND
AND NATURE WHETHER KNOWN OR UNKNOWN ARISING OUT OF OR RELATING TO SUCH
DISPUTES.
(f) IF YOU ARE A FLORIDA RESIDENT, YOU WAIVE FLORIDA CIVIL
CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT HarleyPartsBrokers.com, ITS AFFILIATED
AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, AND EMPLOYEES
SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF HarleyPartsBrokers.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(v) DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURE,
OR
(vi) OTHER FAILURE OF PERFORMANCE ON THE SITE OR THE INTERNET.
Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notice Notices to you may be made via either email or U.S. mail.
The Service may also provide notices of changes to this Agreement or
other matters merely by displaying notices or links to notices on the
Service generally.
General Information This Agreement, together with the Privacy Policy, Classifieds
Rules, and any other terms or conditions specific to any of the particular
services available from the Site, which are incorporated herein by reference,
constitutes the entire agreement between you and HarleyPartsBrokers.com and governs your
use of the Service, superceding any prior agreements between you and
HarleyPartsBrokers.com. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Service or this Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles
in this Agreement are for convenience only and have no legal or contractual
effect.
Governing Law This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. You agree to submit to the exclusive
jurisdiction of the federal, state, and local courts located within Orange
County, Florida. If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of this Agreement
remain in full force and effect. We reserve the right to terminate this
Agreement at any time without notice for any reason.
Violations Please report any violations of this Agreement to thebroker@HarleyPartsBrokers.com.
Copyright (c) 2005 HarleyPartsBrokers.com. All rights reserved.
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