1. GENERAL TERMS; ACCEPTANCE OF TERMS
These Terms apply to all users of the Site, including, without limitation, users who are browsers, customers, sellers, and/or contributors of content. By accessing or using any part of the Site, you agree to be bound by these Terms and our Statement of Privacy (https://motohunt.com/privacy) ("Privacy Statement"), in each case as updated from time to time. Currently the Site—including (without limitation) its functions for posting listings about motorcycles, all-terrain vehicles, powersports vehicles, and related products (each a "Listing") and for communicating with other users of the Site—is only intended for use by residents of and persons within the United States. If you are not a resident of or a person located within the U.S., you are not permitted to use the Site.
If you access this Site on behalf of a company, organization, or entity, then:
(a) the term "you" as used herein includes you and that company, organization, or entity;
(b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind the company, organization, or entity to these Terms;
(c) you agree to these Terms on behalf of the company, organization, or entity; and (d) you represent and warrant that the company, organization, or entity agrees to be responsible to us if you violate, or it violates, these Terms.
2. ACCOUNT CREATION AND INFORMATION
Some functions on our Site are only available to users who have created an account (an "Account"). If you decide to create an Account, you will be required to provide us with certain information, including without limitation a valid e-mail address. As part of your use of the Site, you are responsible for all actions taken under or in connection with your Account, whether by you or any third party, including but not limited to:
- Submitting only accurate information and to keep the information you submit up-to-date, accurate, and complete.
- Maintaining the security and confidentiality of your Account's login information.
We are not responsible for any consequences from unauthorized access to your Account that come from your failure to protect your password and account login. We reserve the right to take reasonable steps to ensure the security of the Site and your Account.
We may modify or take down all or part of our Site, terminate these Terms, or limit or refuse access to the Site to any person for any legal reason at our discretion. If we determine that you have breached these Terms, violated any applicable law, rule, or regulation, or undertaken other inappropriate conduct, or if we otherwise determine that it is advisable for any business reason, we reserve the right, in our sole discretion and without limiting other remedies, to immediately suspend or terminate your Account or your current or future access to or use of the Site, with or without notice.
3. CONSENT TO COMMUNICATIONS
3.1 How We Use Your Contact Information
We provide contact forms across the Site (each a "Contact Form") which enable prospective buyers and other users of the Site to connect with prospective sellers for more information about a Listing. You may voluntarily provide your name, phone number, mailing address, e-mail address, and/or other contact information (collectively, "Contact Information") to Motohunt and/or to a third-party seller at any time by entering such Contact Information into a Contact Form.
By providing your Contact Information through a Contact Form or by creating an Account, you represent that the information you have provided is true and accurate. You also agree to the following terms:
- If you provide an e-mail address as part of your Contact Information: You consent to receive communications from Motohunt and/or a third party electronically through the e-mail address you provide for the reasons described in Section 3.2 below.
- If you provide a phone number as part of your Contact Information: You agree that Motohunt and/or a third party may use text messages to contact you for the reasons described in Section 3.2 below. Standard telephone text charges may apply and may include overage fees if you have exceeded your plan limits. You may withdraw your consent to communications from Motohunt at any time by replying "STOP" to any text message that we send.
3.2 Permitted Communications
Depending on the method through which you provide your Contact Information, you authorize the use of your Contact Information for the following purposes:
- If Contact Information was provided through a Contact Form: Motohunt and/or the seller identified in a Listing (where applicable) may use such Contact Information to contact you regarding the Listing about which you expressed an interest.
- If Contact Information was provided through the creation and/or maintenance of an Account: Motohunt may use such Contact Information to (i) notify you regarding your Account or provide other information related to your use of the Site (including to provide information about leads and information about certain Listings); (ii) troubleshoot problems with, or otherwise service, your Account; (iii) resolve a dispute; or (iv) as necessary to or enforce these Terms, applicable law, or any other agreement we may have with you.
3.3 Privacy Statement. Our collection, use, disclosure, retention, and protection of your Contact Information is governed byour Privacy Statement.
3.4 Agreements and Notices. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail, or on the Site or through the Site, satisfy any legal requirement that such communications or agreements be in writing.
4. GENERAL USER TERMS
You must comply with all laws and regulations that apply to your use of the Site, including all laws applicable to your purchase, sale or delivery of items listed on the Site. You agree that you are solely responsible for your interactions with other users of the Site, and you agree to treat other users in a courteous and respectful manner. You understand that Motohunt makes no representations or warranties as to the conduct of Site users. Motohunt is not responsible for the conduct of any user, whether on or off of the Site. Further, Motohunt does not review and is not responsible for messages between users, and does not make any representations or warranties regarding the contents of any message exchanged between users through the Site.
You are responsible for reading all information provided within a Listing (including product specifications, comparative materials, and other data) before buying, selling, making a bid or offer to buy, or otherwise committing to any action regarding the item featured in the Listing. While Motohunt will use its commercially reasonable efforts to address user disputes raised in good faith, you acknowledge and agree that Motohunt is not responsible for, and cannot, transfer legal ownership of items from a seller to a buyer or otherwise enforce a transaction between a buyer and a seller.
5. TERMS FOR SELLERS
By posting any Listing on our Site, you agree to abide by all applicable sections of these Terms. Further, you agree to assume full responsibility for any Listing that you post, including the accuracy and content of its content, and ensuring that the Listing otherwise complies with all of our applicable Terms.
You acknowledge and agree that no specific results are guaranteed for your Listing. Your Listing may not be searchable by keyword or by category until several hours after posting. You also acknowledge and agree that the appearance or placement of your Listing in the Site's search function and browsing results will depend on a variety of factors, including (without limitation) the location of the buyer and/or the seller; the search query used; the details of the item within the Listing (e.g. price, shipping cost, location); the format of the Listing; and other factors which may affect the Listing's relevance to any given search query.
6. TERMS FOR BUYERS
All features, content, specifications, and prices of products described or depicted on the Site, including those provided in Listings, are subject to change at any time without notice. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We are not responsible for pricing, typographical, or other errors in any Listing.
If you commit to purchase any item listed on the Site, you agree that you are solely responsible for obtaining from the seller any information you deem necessary before committing to buy that item. Motohunt has no responsibility or liability for any item that is listed on the Site, including any product that is subject to a recall. To the maximum extent permitted under applicable law, we do not warrant that any item appearing in a Listing that is purchased or obtained by you will meet your expectations or will be exactly as the item is depicted within a Listing. Motohunt is not responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product appearing in a Listing.
While we strive to ensure that the Site is up to date and accurate, we cannot promise and are not responsible for ensuring that the content provided through our Site will always be accurate, complete, current, or available. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. You agree that Motohunt is not responsible for examining or warranting the Listings or content provided by third parties through our Site, and that you will not attempt to hold us or our data providers liable for inaccuracies.
This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. Any reliance on the material on this Site is at your own risk.
7. USER CONTENT AND LICENSING
Our Site enables users to display, publish, and otherwise use certain information, materials, and data (including but not limited to, text, images, videos, illustrations, designs, icons, logos, photographs, software, programs and written and other materials that are made accessible through the Site) in the forms provided by users of the Site and other third parties ("User Content"). Such User Content may include copyrighted, trademarked and other proprietary materials.
When you transmit any User Content to or through the Site, you grant to Motohunt a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, in whole or in part, such User Content, including, but not limited to, throughout the world in any media, as necessary (a) to display your User Content within one or more Listings authorized by you; (b) provide, maintain and improve the Site; (c) to prevent or address service, security, support or technical issues; (d) as required by law; and/or (e) as authorized by you.
You represent and warrant that you: (a) own or have obtained all necessary rights and/or licenses to User Content that you transmit; (b) are compliant with all terms and obligations applicable to your use of such User Content; (c) have the right to grant the license granted to us by you with respect to User Content that you transmit; and (d) our use of such User Content as authorized under these Terms will not violate or infringe upon the rights of any person or entity. Motohunt will not be responsible for any loss, destruction, damage, or alteration of any User Content you transmit or for any disclosure of your User Content caused by any third party.
8. SITE CONTENT; OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Site and all information, content, and materials offered on or through the Site other than User Content (collectively, "Motohunt Content"), is the property of Motohunt or its licensors. No right, title or interest in any Motohunt Content is transferred to you by way of these Terms or otherwise and the Motohunt Content is protected by copyright, trademark, and/or other intellectual property laws.
As part of the services made available through the Site, we may provide you access to data, information, and content relating to inventory available for sale, including without limitation current and historical item listings, descriptions, bids, selling prices, values, and other related information, materials, and content provided in the form of one or more Listings (collectively "Listing Data"). Such Listing Data may contain Motohunt Content, User Content, or a combination of Motohunt Content and User Content.
You may access and use the Listing Data only for your use of the Site in accordance with these Terms, which may include making an offer upon the inventory to which such Listing Data relates. In connection with the foregoing, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and the Listing Data solely (i) for your personal, non-commercial use or your legitimate business purposes related to your role as a current or prospective purchaser or seller on the Site; and (ii) in accordance with these Terms. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, the Site or any of the Motohunt Content without our express prior written consent.
Except for the limited license provided in this section, you acknowledge and accept that (A) you have no property or other rights in Motohunt Content; (B) you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Motohunt Content or the Site; and (C) Motohunt does not grant permission to any individuals or entities to use any Motohunt Content.
All rights not expressly granted in these Terms are reserved by us.
9. RESTRICTIONS ON SITE USE
You are prohibited from using the Site (including any Motohunt Content and/or Listing Data) if you are not able to form legally binding contracts in the applicable state (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Site.
You are also not permitted to do any of the following in connection with your access to or use of the Site:
- transferring your Account to another party without our consent;
- recording, copying or storing any Listing Data in any manner or for any purpose whatsoever, other than for the permitted uses specified in Section 8;
- directly or indirectly publishing, transmitting or distributing any Listing Data, or any derivative works thereof (including reports or other analyses regarding the secondary market), in any manner for any form of monetary or other valuable consideration;
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on or through the Site, or accessing data not intended for you or logging onto a server which you are not authorized to access;
- accessing, aggregating, or indexing data or content on the Site through the use of any robots, spiders, scrapers, crawlers, data mining tools, or other similar data gathering or extraction tools, engines, software, agents, devices, or mechanisms to access, navigate, or search the Site without our written permission, other than generally available third-party web browsers; provided that:
- We authorize public search engine operators to use automatic means (such as robots or spiders) to copy Motohunt Content from publicly accessible portions of the Site for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content that is available to the public("Index"), so long as any reference(s) to, and/or any work(s) derived from, MotoHunt Content included in an Index are at all times displayed with (i) a clear hyperlink to the Site and (ii) such other forms of source attribution as Motohunt shall designate pursuant to these Terms; and
- We further reserve the right to revoke the foregoing authorization (generally or specifically) at any time at our sole discretion;
- attempting to probe, scan or test the vulnerability of our systems or network or to breach security or authentication measures;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing";
- copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works of our software or Motohunt Content, or any content that is not your own;
- violating or circumventing any applicable laws or regulations, or any technical measures, security measures or policies of the Site; or
- violating, infringing, or breaching the rights of Motohunt or a third party, including, but not limited to, any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity or personality, moral rights, or any other proprietary rights.
Motohunt will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
10. SUBSCRIPTION SERVICES
Motohunt allows certain sellers to purchase auto-recurring periodic subscriptions to the Site to receive access to certain advanced functions of the Site and/or additional services (each a "Subscription"). Details regarding the functions provided through such monthly Subscriptions, as well as the applicable fees ("Fees"), are available here (https://motohunt.com/dealers#pricing).
If you are interested in purchasing a Subscription, you may contact us by using the Contact Form provided here: https://motohunt.com/dealers#pricing. Unless otherwise expressly agreed in writing by and between the Motohunt and you, any Subscription that we provide is subject to these Terms.
We reserve the right to change the Fees any time. Advance notice of any changes in the Fees will be provided by updating the pricing page identified above and by notifying you using the Contact Information associated with your Account at the time that the page is updated. Notwithstanding the foregoing, it is your responsibility to review the pricing page identified above and to ensure that you are aware of the applicable Fees.
If we elect to change our Fees during your subscription period, changes to our Fees will not apply retroactively to that subscription period, but will instead be charged to you at the beginning of the next subscription period following the date on which the pricing page is updated to reflect the new Fees. If you do not wish to pay for the changed Fees, your only recourse is to cancel your Subscription.
10.2 Payment Method
To receive a Subscription, you will be required to provide certain payment information, such as a debit or a credit card ("Payment Method"). You authorize us to charge your Payment Method for the Fees applicable to the level of Subscription that you have selected, as well as any sales or similar taxes that may be imposed on such payments, for each month during which your Subscription continues until canceled. Such payments are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate.
10.3 Term of Subscription; Cancellation
Each Subscription is subject to a monthly subscription period, which will automatically renew on a monthly basis until canceled. Unless you provide a new or revised Payment Method, the Payment Method you last provided to us will continue to be billed for your Subscription until canceled by you or Motohunt.
You may cancel your Subscription at any time by providing written notice to us via e-mail at email@example.com.
10.4 Subscriber Privacy
Any confidential, proprietary, and/or personal data that you share with Motohunt during the term of your Subscription (such as your financial information and payment methods; your username and password on the Site; your contact information; and similar information) will continue to be governed by, and subject to, the terms of our Privacy Statement. For more information, see the Sharing Information with Third Parties section of our Privacy Statement.
Except as expressly stated in these Terms (including any applicable terms of the Privacy Statement), Motohunt does not agree to receive, and has no obligation of confidentiality with respect to, any information, materials, or feedback that you make available to us and/or through the Site in connection with your Subscription.
We use reasonable security measures that are designed to protect personal information from loss, disclosure, misuse, and destruction. These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can guarantee that the Site is free of threats or other vulnerabilities. Additional information about our security measures for the Site are provided on our Privacy Statement (https://motohunt.com/privacy).
Notwithstanding the foregoing, you understand that your User Content may be transferred without encryption and involve (a) transmissions over networks not owned or controlled by Motohunt; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
12. LINKING; THIRD-PARTY WEBSITES; THIRD-PARTY PRODUCTS AND SERVICES
The Site contains links to, and information about products and services provided by third parties ("Third-Party Services"). Such information and links are provided solely as a convenience to you. Linked third-party websites (each a "Linked Site") are not operated by us and are not under our control. We are not responsible for and do not endorse any Third-Party Services or Linked Site, nor do we make any warranties regarding Third-Party Services, or the content or materials available on Linked Sites. You are solely responsible for making your own independent judgment regarding yourinteractions with Linked Sites and/or the providers of Third-Party Services.
Please carefully review each Linked Site's policies and practices and make sure you understand them before you engage in any transaction. We are not liable for any harm or damages related to the purchase or use of Third-Party Services, or any other transactions made in connection with any Linked Sites. Complaints, claims, concerns, or questions regarding Third-Party Services or Linked Sites should be directed to the applicable provider of the Third-Party Services or the administrator of the Linked Site.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
MOTOHUNT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OFFERED ON OR THROUGH THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, MOTOHUNT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR COURSE OF PERFORMANCE. MOTOHUNT MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. MOTOHUNT MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY WILL MOTOHUNT OR ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY SUBSCRIPTION, LISTINGS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OFFERED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF MOTOHUNT OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL MOTOHUNT'S AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF EITHER: (I) THE AGGREGATE AMOUNT OF FEES THAT YOU HAVE PAID TO MOTOHUNT FOR SUBSCRIPTIONS PURCHASED UNDER THESE TERMS OR SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, IN ANY CASE WHERE YOUR CLAIM AGAINST MOTOHUNT ARISES FROM SUCH SUBSCRIPTIONS; OR (II) ONE HUNDRED ($100.00) U.S. DOLLARS.
CERTAIN JURISDICTIONS 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.
You agree to indemnify, defend and hold harmless Motohunt (including our partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees) harmless from any claim, demand, loss, damages, liability or expense, including reasonable attorneys’ fees due to or arising out of (a) your breach of these Terms (including each of the policies and additional terms referenced and incorporated herein), (b) your violation of any applicable law, or (c) claims by a third party against Motohunt arising from your violation of the rights of a third party in connection with your access to or use of the Site, including any User Content provided by you.
If you send feedback, comments, ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, "Feedback"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use and/or exploit such Feedback in any medium and for any purpose. We are under no obligation (A) to maintain any Feedback in confidence; (B) to pay compensation for any Feedback; or (C) to respond to any Feedback.
15.2 Modification; Amendment.
We reserve the right to update, remove, add to, or otherwise change or replace any part of these Terms by posting updates and/or changes on this page. If we make changes to these Terms, we will provide notice of such changes, such as by providing notice through the Site or updating the "Last Updated" date at the beginning of these Terms. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of any changes to the Terms.
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.
The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.
15.5. Disputes; Governing Law; Forum; Waiver of Jury Trial.
In the event of any controversy or dispute between Motohunt and you arising out of or in connection with your use of the Site, the parties will attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may pursue any right or remedy available to them under applicable law. These Terms will be construed in accordance with and all matters relating to your access to or use of the Site, including all disputes, will be governed exclusively by the laws of the United States and the State of California. Motohunt and you consent to the exclusive jurisdiction and venue of the state and federal courts in San Francisco County, California. EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE.
15.6 Entire Agreement.
These Terms, including all agreements and policies referred to and incorporated herein (including the Privacy Statement), set forth the entire understanding and agreement between you and Motohunt regarding the subject matter of these Terms, and supersede any and all other oral or written agreements or understandings between us regarding your access to and use of the Site.
16. CONTACT INFORMATION
Questions about or notices required by these Terms may be sent to us at firstname.lastname@example.org.