1. Acceptance of Terms
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that The Biker Barn website does not control, and is not responsible for Content made available through the Service by its members, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, The Biker Barn website and Content available through the Service may contain links to other websites, which are completely independent of The Biker Barn website. The Biker Barn website makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will The Biker Barn website be liable in any way for 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 made available via the Service. You acknowledge that The Biker Barn website does not pre-screen or approve Content, but that The Biker Barn website shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. Privacy and Information Disclosure
You agree not to post, email, or otherwise make available Content:
* that impersonates any person or entity, including, but not limited to, a The Biker Barn website employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
* that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
* that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
* that constitutes or contains any form of advertising or solicitation if (1) posted in areas of The Biker Barn website that does not allow it; or (2) emailed to The Biker Barn website users who have requested not to be contacted about other services, products or commercial interests.
* that includes links to commercial services or web sites unless in a forum section that explicitly allows it.
* that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law.
* that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* that disrupts the normal function of the site via an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users'' ability to use the Service; or
* that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful purposes;
* transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or any kind or nature.
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
* purposefully post Content in a irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
* attempt to gain unauthorized access to The Biker Barn website''s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or The Biker Barn website website.
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to The Biker Barn website email addresses or through The Biker Barn website computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Arizona. Any unauthorized use of The Biker Barn website computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
6. Limitations on Service
You acknowledge that The Biker Barn website may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that The Biker Barn website has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that The Biker Barn website reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that The Biker Barn website shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. Termination of Service
You agree that The Biker Barn website, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if The Biker Barn website believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that The Biker Barn website shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
8. Dealings with Organizations and Individuals
Your interactions with organizations and/or individuals found on or through the Service, including arrangement and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that The Biker Barn website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you understand and agree that The Biker Barn website is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release The Biker Barn website, its officers, employees, volunteers, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."
9. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although The Biker Barn website does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to The Biker Barn website an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
10. Disclaimer of Warranties
YOU AGREE THAT USE OF THE Biker Barn SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Biker Barn SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Biker Barn DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Biker Barn SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Biker Barn WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR POSTED ON THE Biker Barn SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Biker Barn SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Biker Barn WEBSITE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Biker Barn SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL THE Biker Barn WEBSITE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE Biker Barn WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Biker Barn SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE USE OR MISUSE OF THE Biker Barn SITE OR THE SERVICE, FROM INABILITY TO USE THE Biker Barn SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Biker Barn SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Biker Barn SITE OR THE SERVICE OR ANY LINKS ON THE Biker Barn SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Biker Barn SITE OR THE SERVICE OR ANY LINKS ON THE Biker Barn SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold The Biker Barn website, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. General Information
The Terms constitute the entire agreement between you and The Biker Barn website and governs your use of the Service, superceding any prior agreements between you and The Biker Barn website. The Terms and the relationship between you and The Biker Barn website shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and The Biker Barn website agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Georgia. The failure of The Biker Barn website to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms remain in full force and effect. 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 the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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