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USER AGREEMENT.
Welcome to the Motorcops.com web site owned
and operated by MK Media, LLC. This User Agreement ("Agreement") sets
forth the terms and conditions that govern your access and use of
the Motorcops.com web site ("Site"). This User Agreement, along with
policies and guidelines located throughout the Motorcops.com web site,
identify what visitors to the web site ("Users") can expect and what
we can expect from the Users of this site. Your use of and/or registration
on any aspect of the Site will constitute your agreement to comply
with these rules. Your failure to follow these rules, whether listed
below or in bulletins posted at various points on the Site, may result
in suspension or termination of your access to the Site.
Account
When creating an account on the Motorcops.com
web site, you agree to provide complete and accurate information and
you agree not to provide any information that is false, misleading
or incorrect. You also agree to notify us if any of your account information
changes.
If at any time, in our sole discretion, we have reason to believe
your account information is inaccurate, untrue, incomplete or otherwise
incorrect, we reserve the right to terminate this Agreement.
When you create an account, you certify that you are at least 18 years
old and that you are capable of entering into this Agreement.
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer and you agree
to accept responsibility for all activities that occur under your
account or password.
Using the Motorcops.com Web Site
Your right to use the Site is personal
to you. The Site is not intended for users under the age of 18. Such
users are expressly prohibited from submitting their personally identifiable
information to us and from using our forums. Any information submitted
by such users will not knowingly be used, posted, or retained by us.
You agree not to use any obscene, indecent, or offensive language
or to place on the Site any material that is defamatory, abusive,
harassing, or hateful. Further, you may not place on the Site any
material that is junk mail or unauthorized advertising, invades anyone's
privacy, or encourages conduct that would constitute a criminal offense,
give rise to civil liability, or that otherwise violates any local,
state, national or international law or regulation.
You may not in any way make commercial or other unauthorized use,
by publication, re-transmission, distribution, performance, caching,
or otherwise, of material obtained through the Site, except as permitted
by the Copyright Act or other law or as expressly permitted in writing
by this Agreement.
MK Media, LLC does not necessarily endorse, sanction, support, verify,
or agree with the comments or statements posted on the forums or otherwise
contained on the Site. Nor do we or its third party vendors make any
warranties with respect to any of the merchandise featured or placed
on the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS
AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
Any rights not expressly granted herein are reserved.
Returns Policy
Defective items will be replaced within 14 days of your purchase. Contact sales@motorcops.com for return authorization.
Material posted by others
You agree that MK Media, LLC and its
third party associates are not responsible, and shall have no liability
to you, with respect to any information or materials posted by others,
including defamatory, offensive or illicit material, even material
that may violates this Agreement.
Material posted or supplied by
you
By posting messages in the Forums,
submitting photos, biographies, training information, survey contents or other forms
of communication to the Site, you grant us a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to use, reproduce,
edit, modify, adapt, distribute, display, or sublicense any such communication,
including your identity and information about you, in any medium and
for any purpose, including commercial purposes.
Privacy Policy
Account data and certain other information
about you is subject to our Privacy Policy.
Jurisdiction
This site is created and controlled
by MK Media, LLC, Dallas, Texas. We make no representation that the
materials on the Site are appropriate, available or legal in any particular
location.
You agree that this Agreement, for all purposes, shall be governed
and construed in accordance with the laws of the State of Texas.
Waiver and Severability of Terms
The failure of MK Media, LLC to exercise
or enforce any right or provision of the Agreement shall not constitute
a waiver of such right or provision. If any of these conditions shall
be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
Third Parties
Your business dealings with any third
party advertiser found on the Motorcops.com Site are solely between
you and such third party. We shall not be responsible or liable for
any loss, damage or other matters of any sort incurred as the result
of the payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated
with such dealings
Indemnification
You agree to indemnify and hold MK
Media, LLC, its subsidiaries, affiliates, officers, agents or other
partners harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of information
you submit, post or make available through the Site, your use of the
Site or your violation of any rights of another.
DISCLAIMER OF WARRANTY AND LIMITATION
OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND
RISK FOR THE USE OF THIS SITE. THE MOTORCOPS.COM WEB SITE IS PROVIDED
BY MK MEDIA, LLC ON AN "AS IS" BASIS AND WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER
PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER
HARMFUL COMPONENTS. MK MEDIA, LLC WILL NOT BE LIABLE FOR ANY DAMAGES
OR ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL
DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR
BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE
THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Arbitration
Any controversy or claim arising out
of or relating to this Agreement, the Motorcops.com web site, Site
content or items purchased on the Site shall be settled by confidential
arbitration in Dallas, Texas administered by the American Arbitration
Association under its Commercial Arbitration Rules (including without
limitation the Supplementary Procedures for Consumer-Related Disputes),
and judgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof. Any such controversy or
claim shall be arbitrated on an individual basis and shall not be
consolidated with any claim or controversy of any other party.
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