The submission of information to, and use of, the service (“Service”) available through the PowerSport Sellers web site (located at http://www.PowerSport Sellers.com) (“Web Site”) is subject to the following terms and conditions set forth below (“Terms and Conditions”). By submitting information to, or accessing information from, the Service, you, the end user (“User”) agree to these Terms and Conditions and represent and warrant that you have the right, power and authority to agree to and be bound by such terms. These Terms and Conditions are a legal agreement between you and Marketing Zoom, Inc., a Delaware corporation (“PowerSport Sellers”).
If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Marketing Zoom, Inc., 4660 NE Belknap Ct., Suite 101, Hillsboro, OR 97124. PowerSport Sellers may update these Terms and Conditions at any time and without notice. The latest version of the Terms and Conditions is available on the Marketing Zoom Web Site at www.PowerSport Sellers.com/terms-conditions.
To use the Service, Users must create a profile (“Profile”), and Users must provide a valid email address in order to create a Profile. PowerSport Sellers utilizes email as a vital and primary communication channel to communicate with Users, who acknowledge and grant PowerSport Sellers permission to communicate by email for any purpose PowerSport Sellers determines to be relevant, including, but not limited to, system messages, product updates, alerts, notices, bulletins, newsletters, service announcements and other marketing messages. PowerSport Sellers will use its best efforts to honor each User’s requests to opt out of marketing messages, but under no circumstances will PowerSport Sellers have any liability for sending any email to a User. PowerSport Sellers assures Users that under no circumstances will it knowingly share personal and/or email information with any third party not affiliated with PowerSport Sellers.
User privileges are granted by PowerSport Sellers specifically and exclusively to Users only. User privileges cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of PowerSport Sellers. PowerSport Sellers requires that each registered User maintain a valid email address, Member ID and password, which shall be utilized for logging on to the PowerSport Sellers Web Site. Users are not permitted to share their logon information with others. PowerSport Sellers has the right to refuse service to any User that refuses to abide by the Terms and Conditions or abuses their rights related to the PowerSport Sellers Service and / or Web Site.
User agrees not to submit, or post to any Profile, any descriptions, photographs, financial, contact or other information unless User has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise on the User's Profile. User agrees not to submit, or post to any Profile, any image that contains inappropriate, explicit or unauthorized content. PowerSport Sellers may, in its sole discretion, remove any Profile that violates this provision. In addition, PowerSport Sellers may require additional evidence of compliance with this provision from Users who are alleged to have created Profiles or submitted information in violation of this Agreement. PowerSport Sellers will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or knowingly violates this Agreement. PowerSport Sellers shall have the sole authority to choose the manner in which any Profile will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Marketing Zoom Web Site, and PowerSport Sellers shall have the right to modify the Profile in the exercise of its rights under this Agreement. User represents and warrants that all information provided by User will be accurate, and agrees that it will not register a Profile under a name other than that which it is authorized to use. PowerSport Sellers reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of any Profile posted on the PowerSport Sellers Web Site. PowerSport Sellers accepts no responsibility for checking the accuracy of reports or data files submitted by User. While PowerSport Sellers shall take all reasonable efforts for data backup and business resumption, User will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to PowerSport Sellers, or submits or posts to any Profile.
All information obtained from the Service, including business information, directories and any other information otherwise made available to User (individually and collectively, the “Content”) is proprietary to PowerSport Sellers and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. User agrees that Content will be treated as proprietary, maintained as confidential and shall be protected as a trade secret of PowerSport Sellers. PowerSport Sellers does not ensure the accuracy of, endorse or recommend any Content, and User uses such Content at User's own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to, and use of, Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. User shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service. User shall not access or use any portion of the Service if User is a direct or indirect competitor of PowerSport Sellers, nor shall User provide, disclose or transmit any portion of the Service to any direct or indirect competitor of PowerSport Sellers (by way of example, a “direct or indirect competitor” of PowerSport Sellers includes, but is not limited to, on-line searchable marketplaces for the marketing and advertising industry, and employees, independent contractors and agents of such marketplaces). Users violating these specific terms, specifically those Users using the Service in an abusive or excessive manner, by automated or manual means, shall have their Profiles subject to immediate termination and deletion, and such Users will be assessed a significant excessive use fee.
PowerSport Sellers prohibits the use of tools to generate or send unsolicited commercial email (“spam”). Users may not use the messaging services that PowerSport Sellers offers to send spam or otherwise send content that would violate these Terms and Conditions. PowerSport Sellers has the right to revoke the privileges of any User that breaches these terms.
PowerSport Sellers retains all rights (including “Intellectual Property Rights,” as defined below), title and interest in the PowerSport Sellers Web Site and all underlying technology and data, including any enhancements and improvements thereto. User will not allow, and will not allow others, via manual or automated means (including the use of any robot, spider or other automated process), to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of PowerSport Sellers’s technology or delete or alter author attributes or copyright notices. User shall use the PowerSport Sellers system solely for their own use and shall not allow others to use the PowerSport Sellers system under or through that User’s login ID/email and password. Further, User shall not use PowerSport Sellers’s Web Site in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship, including copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued or acquired.
IN NO EVENT SHALL PowerSport Sellers BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. User’s exclusive remedy, and PowerSport Sellers's entire liability, under this Agreement shall be a refund to User of any fees paid to PowerSport Sellers hereunder (to the extent such fees may be required, if any), and in no event will PowerSport Sellers’s liability for any reason exceed such fees, if any. PowerSport Sellers (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User’s use of the Web Site, and User shall indemnify PowerSport Sellers (and PowerSport Sellers's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than User arising from User’s use or application of the Services. PowerSport Sellers is not responsible for any communications or transactions that Users may engage in with each other outside of, and apart from, the PowerSport Sellers Service and Web Site.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PowerSport Sellers MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING AS TO ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND PowerSport Sellers SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
With respect to information submitted to PowerSport Sellers, User agrees to grant PowerSport Sellers and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to 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, including the right to use the information submitted to it for publication of all or part of such information. PowerSport Sellers shall have sole authority to choose the manner in which information in any Profile will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Profile or refuse services to anyone at any time in its sole discretion. PowerSport Sellers shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Profiles. PowerSport Sellers reserves the right to modify or change any and all Terms and Conditions at any time. The most current copy of these Terms and Conditions will be posted and available for review on PowerSport Sellers's Web Site at www.PowerSport Sellers.com/terms-conditions.