Terms of Use

 

Welcome to MotoAvenue.com. By using this website, you accept the terms of this Visitor Agreement. Please read this agreement carefully.

Introduction and Agreement. This website is owned and operated by MotoAvenue.com. These Terms of Service apply to the national version of the Site, located at www.motoavenue.com. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service. Click here to review the Site's Privacy Statement.

MotoAvenue.com Is an Advertising and Research Service. MotoAvenue, Inc. operates the Site as an online advertising and research service for car buyers, sellers and enthusiasts. MotoAvenue.com does not sell vehicles directly and is never a party to any transaction between buyers and sellers. As a result, MotoAvenue.com does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.

Site Content. All information and content available on this Site is protected by copyright and other intellectual property laws. The Content is owned by MotoAvenue.com, its Affiliates, and/or their respective licensors and suppliers. The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of MotoAvenue.com. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to legal@motoavenue.com
MotoAvenue text, photos, graphics, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. MotoAvenue will not be held liable in any way to any User or to any third party or to any other person who may receive information from the Site or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

Software. Please note that all software programming, including without limitation all HTML and other code contained in this Site, is owned by MotoAvenue.com and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

Linking. If you operate a website and wish to link to the Site, you must link to the Site's home page unless permission otherwise has been granted in writing by MotoAvenue.com; Therefore we reserve the right to reject or terminate any links to the Content or the Site.

Links to Other Sites. For your convenience, we make available a variety of links to other websites that we don't operate where you can obtain related products and services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. MotoAvenue.com is not responsible for the products or services these vendors provide. You release MotoAvenue.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services. For your convenience, we make available links to websites operated by dealers that list their vehicles or merchandise in our online classifieds. Although we may power some of these websites, we are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release MotoAvenue.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.

User Materials. By submitting ads, content, photos, data or other materials to the Site, you hereby grant to MotoAvenue.com and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sub licensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to MotoAvenue.com and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.

MotoAvenue, Inc. Rights. Given the nature of the Site and the volume of messages and postings, MotoAvenue.com cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. MotoAvenue.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that MotoAvenue.com (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.

Disclaimer of Warranties and Limitation of Liability. If you rely on this website or any information, product or service available through this website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. This website is provided to you "as is." MotoAvenue.com and its affiliates, agents and licensors, cannot and do not warrant the accuracy, completeness, correctness, no infringement, merchantability or fitness for a particular purpose of the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website). Nor do we or they guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components. Under no circumstances will MotoAvenue.com or its affiliates, agents or licensors be liable to you or anyone else for any damages other than direct damages, arising out of your use of this website or any product or service linked to from or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. You agree that the liability of MotoAvenue.com and its affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to this website will not exceed the amount you paid, if any, for the use of the website out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Registration. To obtain access to certain MotoAvenue.com services, you will be given an opportunity to register with MotoAvenue.com. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing MotoAvenue.com through any username/password assigned to you. You will notify MotoAvenue.com's Customer Service Manager at webmaster@ MotoAvenue.com of any known or suspected unauthorized use of your account.

Termination of Service. You understand and agree that in MotoAvenue.com's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and MotoAvenue.com may exercise any other remedy available and remove any Materials, if MotoAvenue.com believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of MotoAvenue.com, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to MotoAvenue.com for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that MotoAvenue.com post a bond. MotoAvenue.com is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in MotoAvenue.com's sole discretion, you have violated these Terms of Service.

Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to MotoAvenue.com Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to MotoAvenue.com advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on MotoAvenue.com's hardware and software infrastructure.

Miscellaneous. These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. MotoAvenue.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by MotoAvenue.com or any Affiliate. MotoAvenue.com and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Cook County, Illinois, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Cook County, Illinois, and waive any objection based on forum non convenes. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by MotoAvenue.com to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.

Questions or Concerns? If you have any questions or concerns regarding privacy, security, opting-out of e-mail offers or understanding how your personal information is being used, please contact our Consumer Privacy Advocate at webmaster@ MotoAvenue.com.

BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS VISITOR AGREEMENT.

 

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