Terms of Service
AGREEMENT BETWEEN USER AND Mackie Harley-Davidson Buell
The Mackie Harley-Davidson Buell Web Site is comprised of various Web pages operated by
Mackie Harley-Davidson Buell.
The Mackie Harley-Davidson Buell Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your use of the
Mackie Harley-Davidson Buell Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Mackie Harley-Davidson Buell reserves the right to change the terms, conditions, and notices
under which the Mackie Harley-Davidson Buell Web Site is offered, including but not limited
to the charges associated with the use of the Mackie Harley-Davidson Buell Web Site.
LINKS TO THIRD PARTY SITES
The Mackie Harley-Davidson Buell Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Mackie Harley-Davidson Buell and
Mackie Harley-Davidson Buell is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. Mackie Harley-Davidson Buell is not responsible for web casting or any
other form of transmission received from any Linked Site. Mackie Harley-Davidson Buell is
providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Mackie Harley-Davidson Buell of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Mackie Harley-Davidson Buell Web Site, you warrant to
Mackie Harley-Davidson Buell that you will not use the Mackie Harley-Davidson Buell Web Site
for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You
may not use the Mackie Harley-Davidson Buell Web Site in any manner which could damage,
disable, overburden, or impair the Mackie Harley-Davidson Buell Web Site or interfere with
any other party's use and enjoyment of the Mackie Harley-Davidson Buell Web Site. You may
not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Mackie Harley-Davidson Buell
Web Sites.
USE OF COMMUNICATION SERVICES
The Mackie Harley-Davidson Buell Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public at large or
with a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and related to
the particular Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
Mackie Harley-Davidson Buell has no obligation to monitor the Communication Services.
However, Mackie Harley-Davidson Buell reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. Mackie
Harley-Davidson Buell reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Mackie Harley-Davidson Buell reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in whole or
in part, in Mackie Harley-Davidson Buell's sole discretion.
Always use caution when giving out any personally identifying information about yourself
or your children in any Communication Service. Mackie Harley-Davidson Buell does not control
or endorse the content, messages or information found in any Communication Service and,
therefore, Mackie Harley-Davidson Buell specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Mackie Harley-Davidson Buell
spokespersons, and their views do not necessarily reflect those of Mackie Harley-Davidson
Buell.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO Mackie Harley-Davidson Buell OR POSTED AT ANY Mackie Harley-Davidson
Buell WEB SITE
Mackie Harley-Davidson Buell does not claim ownership of the materials you provide to Mackie
Harley-Davidson Buell (including feedback and suggestions) or post, upload, input or submit
to any Mackie Harley-Davidson Buell Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Mackie Harley-Davidson Buell, its affiliated companies and
necessary sub licensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Mackie Harley-Davidson Buell is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Mackie Harley-Davidson Buell's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
Mackie Harley-Davidson Buell WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Mackie Harley-Davidson Buell
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Mackie Harley-Davidson
Buell WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Mackie Harley-Davidson Buell WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Mackie Harley-Davidson Buell AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Mackie Harley-Davidson Buell WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. Mackie Harley-Davidson Buell AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Mackie Harley-Davidson
Buell AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE Mackie Harley-Davidson Buell WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE Mackie Harley-Davidson Buell WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Mackie Harley-Davidson Buell WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE Mackie Harley-Davidson Buell WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Mackie Harley-Davidson
Buell OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE Mackie Harley-Davidson Buell WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Mackie Harley-Davidson Buell
WEB SITE.
SERVICE CONTACT :
info@mackieharleydavidson.com
TERMINATION/ACCESS RESTRICTION
Mackie Harley-Davidson Buell reserves the right, in its sole discretion, to terminate your
access to the Mackie Harley-Davidson Buell Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all
disputes arising out of or relating to the use of the Mackie Harley-Davidson Buell Web Site.
Use of the Mackie Harley-Davidson Buell Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Mackie Harley-Davidson Buell as a result of this
agreement or use of the Mackie Harley-Davidson Buell Web Site. Mackie Harley-Davidson
Buell's performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Mackie Harley-Davidson Buell's right
to comply with governmental, court and law enforcement requests or requirements relating to
your use of the Mackie Harley-Davidson Buell Web Site or information provided to or gathered
by Mackie Harley-Davidson Buell with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Mackie Harley-Davidson Buell with
respect to the Mackie Harley-Davidson Buell Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and Mackie Harley-Davidson Buell with respect to the Mackie Harley-Davidson Buell
Web Site. A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Mackie Harley-Davidson Buell Web Site are: Copyright 2007 Mackie
Harley-Davidson Buell and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products, people and events depicted herein are
fictitious. No association with any real company, organization, product, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.