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Members of AIM |
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AGREEMENT BETWEEN USER AND
Circle of Friends Motorcycle
Club
The Circle of Friends
Motorcycle Club Web Site is comprised of various Web pages operated by
Circle of Friends Motorcycle Club.
The Circle of Friends Motorcycle
Club Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your
use of the Circle of Friends Motorcycle Club Web Site constitutes your
agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS
OF USE
Circle of Friends
Motorcycle Club reserves the right to change the terms, conditions, and
notices under which the Circle of Friends Motorcycle Club Web Site is
offered, including but not limited to any charges associated with the use
of the Circle of Friends Motorcycle Club Web
Site.
LINKS
TO THIRD PARTY SITES
The Circle of Friends
Motorcycle Club Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Circle of Friends
Motorcycle Club and Circle of Friends Motorcycle Club 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.
Circle of Friends Motorcycle Club is not responsible for webcasting or any
other form of transmission received from any Linked Site. Circle of
Friends Motorcycle Club is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
Circle of Friends Motorcycle Club of the site or any association with its
operators.
NO
UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the Circle of Friends Motorcycle Club Web Site,
you warrant to Circle of Friends Motorcycle Club that you will not use the
Circle of Friends Motorcycle Club Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use the Circle of Friends Motorcycle Club Web Site in any manner that
could damage, disable, overburden, or impair the Circle of Friends
Motorcycle Club Web Site or interfere with any other party's use and
enjoyment of the Circle of Friends Motorcycle Club 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 Circle of
Friends Motorcycle Club Web Sites.
USE OF COMMUNICATION
SERVICES
The Circle of Friends
Motorcycle Club 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 that 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.
Circle of Friends
Motorcycle Club has no obligation to monitor the Communication Services.
However, Circle of Friends Motorcycle Club reserves the right to review
materials posted to a Communication Service and to remove any materials in
its sole discretion. Circle of Friends Motorcycle Club reserves the right
to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
Circle of
Friends Motorcycle Club 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 Circle of Friends
Motorcycle Club's sole discretion.
Always use caution when giving
out any personally identifying information about yourself or your children
in any Communication Service. Circle of Friends Motorcycle Club does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, Circle of Friends Motorcycle Club
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 Circle of
Friends Motorcycle Club spokespersons, and their views do not necessarily
reflect those of Circle of Friends Motorcycle
Club.
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 Circle
of Friends Motorcycle Club OR POSTED AT ANY Circle of Friends Motorcycle
Club WEB SITE
Circle of Friends
Motorcycle Club does not claim ownership of the materials you provide to
Circle of Friends Motorcycle Club (including feedback and suggestions) or
post, upload, input or submit to any Circle of Friends Motorcycle Club Web
Site or its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you
are granting Circle of Friends Motorcycle Club, 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.
Circle of Friends Motorcycle Club is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time
in Circle of Friends Motorcycle Club'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
Circle of Friends Motorcycle Club WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Circle of Friends Motorcycle Club AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Circle of Friends Motorcycle Club WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE Circle of Friends Motorcycle
Club 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.
Circle of Friends
Motorcycle Club 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 Circle of Friends Motorcycle Club 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. Circle of Friends Motorcycle
Club 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 Circle of Friends Motorcycle Club 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 Circle of
Friends Motorcycle Club WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Circle of Friends Motorcycle Club 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
Circle of Friends Motorcycle Club WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE Circle of Friends Motorcycle Club WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Circle of Friends Motorcycle Club 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 Circle of Friends Motorcycle Club WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE Circle of Friends Motorcycle Club WEB SITE.
SERVICE CONTACT : webmaster@cof-mc.com
TERMINATION/ACCESS
RESTRICTION
Circle of Friends
Motorcycle Club reserves the right, in its sole discretion, to terminate
your access to the Circle of Friends Motorcycle Club 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 California, U.S.A. and you hereby consent to
the exclusive jurisdiction and venue of courts in Fresno County,
California, U.S.A. in all disputes arising out of or relating to the use
of the Circle of Friends Motorcycle Club Web Site. Use of the Circle of
Friends Motorcycle Club 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 Circle of Friends Motorcycle Club as a result of this agreement or
use of the Circle of Friends Motorcycle Club Web Site. Circle of Friends
Motorcycle Club's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of Circle of Friends Motorcycle Club's right to comply with
governmental, court and law enforcement requests or requirements relating
to your use of the Circle of Friends Motorcycle Club Web Site or
information provided to or gathered by Circle of Friends Motorcycle Club
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 Circle of Friends
Motorcycle Club with respect to the Circle of Friends Motorcycle Club Web
Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
Circle of Friends Motorcycle Club with respect to the Circle of Friends
Motorcycle Club 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
Circle of Friends Motorcycle Club Web Site are: Copyright 2004 by Circle
of Friends Motorcycle Club 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.
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Terms and
conditions for
use of this website.
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