Conditions of Use
Welcome to TouringMotorcycleAccessories.com.
Touring Motorcycle Accessories services provide website features to you subject
to the following conditions. If you visit or shop at TouringMotorcycleAccessories.com,
you accept these conditions. Please read them carefully. In addition, when
you use any current or future Touring Motorcycle Accessories, you also will be
subject to the guidelines, terms and agreements ("Terms") applicable
to such service or business. If these conditions are inconsistent with such
Terms, the Terms will control.
PRIVACY
Please review our Privacy Notice,
which also governs your visit to Touring Motorcycle Accessories.com, to
understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Touring Motorcycle
Accessories.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this site,
such as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of Touring Motorcycle
Accessories or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site is
the exclusive property of Touring Motorcycle Accessories and protected by U.S.
and international copyright laws. All software used on this site is the
property of Touring Motorcycle Accessories or its software suppliers and
protected by United States and international copyright laws.
TRADEMARKS
TOURING MOTORCYCLE ACCESSORIES,
TOURING MOTORCYCLE ACCESSORIES.COM, and other Touring Motorcycle
Accessories.com graphics, logos, page headers, button icons, scripts, and
service names are trademarks, registered trademarks or trade dress of Touring Motorcycle
Accessories in the U.S. and/or other countries. Touring Motorcycle Accessories’
trademarks and trade dress may not be used in connection with any product or
service that is not Touring Motorcycle Accessories’, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or
discredits Touring Motorcycle Accessories. All other trademarks not owned by
Touring Motorcycle Accessories that appear on this site are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by Touring Motorcycle Accessories.
PATENTS
One or more patents owned by Touring
Motorcycle Accessories apply to this site and to the features and services
accessible via the site. Portions of this site operate under license of one or
more patents.
LICENSE AND SITE ACCESS
Touring Motorcycle Accessories
grants you a limited license to access and make personal use of this site and
not to download (other than page caching) or modify it, or any portion of it,
except with express written consent of Touring Motorcycle Accessories. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of Touring Motorcycle Accessories. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of
Touring Motorcycle Accessories without express written consent. You may not use
any meta tags or any other "hidden text" utilizing Touring Motorcycle
Accessories’ name or trademarks without the express written consent of Touring Motorcycle
Accessories. Any unauthorized use terminates the permission or license granted
by Touring Motorcycle Accessories. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of TouringMotorcycleAccessories.com
so long as the link does not portray Touring Motorcycle Accessories, or its
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Touring Motorcycle Accessories logo or other
proprietary graphic or trademark as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, 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.
Touring Motorcycle Accessories does sell products for children, but it sells
them to adults, who can purchase with a credit card or other permitted payment
method. If you are under 18, you may use TouringCyclAccessories.com only with
involvement of a parent or guardian. Touring Motorcycle Accessories reserves
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS,
AND OTHER CONTENT
Visitors may post reviews, comments,
photos, and other content; send e-cards and other communications; and submit
suggestions, ideas, comments, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. Touring Motorcycle Accessories reserves the right (but
not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post content or submit
material, and unless we indicate otherwise, you grant Touring Motorcycle
Accessories a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant Touring Motorcycle Accessories and
sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify
Touring Motorcycle Accessories for all claims resulting from content you
supply. Touring Motorcycle Accessories has the right but not the obligation to
monitor and edit or remove any activity or content. Touring Motorcycle
Accessories takes no responsibility and assumes no liability for any content
posted by you or any third party.
COPYRIGHT COMPLAINTS
Touring Motorcycle Accessories
respects the intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please follow our
Notice and
Procedure for Making Claims of Copyright Infringement listed below.
RISK OF LOSS
All items purchased from Touring Motorcycle
Accessories are made pursuant to a shipment contract. This means that the risk
of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Touring Motorcycle Accessories
attempts to be as accurate as possible. However, Touring Motorcycle Accessories
does not warrant that product descriptions or other content of this site is
accurate, complete, reliable, current, or error-free. If a product offered by
Touring Motorcycle Accessories itself is not as described, your sole remedy is
to return it in unused condition.
PRICING
Except where noted otherwise, the
List Price displayed for products on our website represents the full retail
price listed on the product itself, suggested by the manufacturer or supplier,
or estimated in accordance with standard industry practice; or the estimated
retail value for a comparably featured item offered elsewhere. The List Price
is a comparative price estimate and may or may not represent the prevailing
price in every area on any particular day. For certain items that are offered
as a set, the List Price may represent "open-stock" prices, which
means the aggregate of the manufacturer's estimated or suggested retail price
for each of the items included in the set. Where an item is offered for sale by
one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by
Touring Motorcycle Accessories, we cannot confirm the price of an item until
you order; however, we do NOT charge your credit card until after your order has
entered the shipping process. Despite our best efforts, a small number of the
items in our catalog may be mispriced. If an item's correct price is higher
than our stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such
cancellation.
Please note that this policy applies
only to products sold and shipped by Touring Motorcycle Accessories. Your
purchases from third-party sellers using Touring Motorcycle Accessories
Payments are charged at the time you place your order, and third-party sellers
may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than Touring Motorcycle
Accessories operate stores, provide services, or sell product lines on this site.
Touring Motorcycle Accessories does not assume any responsibility or liability
for the actions, product, and content of all these and any other third parties.
You should carefully review their privacy statements and other conditions of
use.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION,
CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TOURING MOTORCYCLE
ACCESSORIES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. TOURING MOTORCYCLE ACCESSORIES MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,
UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, TOURING MOTORCYCLE ACCESSORIES DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOURING MOTORCYCLE
ACCESSORIES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS,
PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM TOURING MOTORCYCLE ACCESSORIES
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOURING MOTORCYCLE ACCESSORIES
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
APPLICABLE LAW
By visiting Touring Motorcycle
Accessories.com, you agree that the laws of the state of Iowa, without regard
to principles of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and TouringMotorcycleAccessories.com.
SITE POLICIES, MODIFICATION, AND
SEVERABILITY
Please review our other policies,
such as our pricing policy posted on this site. These policies also govern your
visit to TouringMotorcycleAccessories.com. We
reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. 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.
OUR ADDRESS
Touring Motorcycle Accessories
12701 Tanglewood Dr.
Urbandale, IA 50323
www.touringmotorcycleaccessories.com
Notice
and Procedure for Making Claims of Copyright Infringement
If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide
TouringMotorcycleAccessories.com's copyright agent the written information
specified below. Please note that this procedure is exclusively for notifying
Touring Motorcycle Accessories that your copyrighted material has been
infringed.
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim
has been infringed upon;
- A description of where the material that you claim is
infringing is located on the site, including the auction ID number, if
applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law;
- A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
TouringMotorcycleAccessories.com's
Copyright Agent for notice of claims of copyright infringement on its site can
be reached as follows.
Touring Motorcycle
Accessories
12701 Tanglewood Dr
Urbandale,
IA 50323
