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Acceptance of Terms:
Welcome to Hooters Motorcycles. Hooters Motorcycles provides its service
to you, subject to the following Terms of Service, which may be updated by
us from time to time without notice to you. We advise you that you are
subject to these terms when you use the Hooters Motorcycles site. In
addition, when using Hooters Motorcycles services, you and Hooters
Motorcycles shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time.
Terms & Conditions:
You agree that, except as otherwise provided under applicable laws,
neither Hooters Motorcycles nor its affiliates, nor the directors, officers,
employees, agents, contractors, successors or assigns of each, shall be
liable for any damages whatsoever arising out of or related to the use of
the Hooters Motorcycles web site or any other web site linked to this web
site. This waiver of liability applies to direct, indirect, consequential,
special, punitive or other damages you or others may suffer, as well as
damages for lost profits, business interruption or the loss of data or
information, even if Hooters Motorcycles is notified in advance of the
potential for any such damages.
Jurisdiction and Venue:
You agree that the laws of the state of South Carolina will govern
these
disclaimers, terms and conditions, without giving effect to any principles
of conflicts of laws. In addition, you agree to the exclusive personal
jurisdiction and venue of the Superior Court of Horry County and the
United States District Court for the District of South carolina. We reserve
the right to make changes to our site and these disclaimers, terms, and
conditions at any time.
Limited availability and price:
In the event a product or service is listed at an incorrect price due to
typographical error or error in pricing information received from our
suppliers, Hooters Motorcycles will have the right to refuse or cancel any
orders placed for products or services listed at the incorrect price.
Hooters Motorcycles will have the right to limit the number of items purchased
through our web site. Hooters Motorcycles will have the right to refuse or
cancel any order whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, Hooters Motorcycles will immediately
issue a credit to your credit card account in the amount of the incorrect
price.
Customer Conduct:
You agree to not use Hooters Motorcycles to: a)harm minors in any way;
b)impersonate any person or entity, including, but not limited to, a
Hooters Motorcycles official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
c)forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through Hooters Motorcycles;
d)collect or store personal data about other users; (e) to perform,
attempt or conspire any unlawful conduct. You agree you are prohibited
from posting or transmitting to the Hooters Motorcycles web site any
unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic or profane material, or any other material that
could give rise to any civil or criminal liability under the law. Hooters
Motorcycles reserves the right to seek all remedies available at law and
in equity for violations of these terms and conditions, including the
right to block access from a particular internet address to this web
site.You acknowledge, consent and agree that Hooters Motorcycles may
access, preserve, and disclose your account information and content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any content
violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal safety
of Hooters Motorcycles, its users and the public.
Disclaimer:
All products, services and information made available on or through this
web site are provided on an as is and as available basis, without
warranties of any kind, either express or implied. Subject to the
foregoing, Hooters Motorcycles disclaims all implied warranties, including
without limitation, the implied warranties of merchantability and fitness
for a particular purpose, and all express warranties except those
explicitly made in this statement of legal terms. Hooters Motorcycles
makes no representation that the information contained on this web site,
your results in using this web site or the service itself will are
accurate, valid, reliable or available or that it does not violate or
infringe the rights of any third party. Hooters Motorcycles makes no
representation and specifically disclaims any warranty regarding any site
linked to this web site. This disclaimer by Hooters Motorcycles in no way
affects the terms of any manufacturers or third party sellers warranty, if
any, related to the goods purchased via this web site. Title to goods and
merchandise is retained by Hooters Motorcycles until goods and merchandise
are paid for by the purchaser and at that time title passes to the
purchaser. Some states do not allow limitations on how long an implied
warranty lasts, so the above limitations may not apply to you.
Limitation of Liability as to Products Sold:
Hooters Motorcycles does not claim to be an authorized dealer or agent of
any of the designers and whose products are offer on Hooters Motorcycles.
Furthermore, they do not control, endorse or sponsor Hooters Motorcycles in
any way, nor are they affiliated or associated with Hooters Motorcycles in any
way.All items for sale are overstock and shelf pull items from major
department stores such as Macys and Bloomingdales and other stores of the
like.
Waiver of liabilities:
You agree that, except as otherwise provided under applicable laws,
neither Hooters Motorcycles nor its affiliates, nor the directors,
officers, employees, agents, contractors, successors or assigns of each,
shall be liable for any damages whatsoever arising out of or related to
the use of the Hooters Motorcycles web site or any other web site linked
to this web site. This waiver of liability applies to direct, indirect,
consequential, special, punitive or other damages you or others may
suffer, as well as damages for lost profits, business interruption or the
loss of data or information, even if Hooters Motorcycles is notified in
advance of the potential for any such damages.
Proprietary information:
Users are granted permission to browse and use the Hooters Motorcycles site
for its intended purpose, which is for your retail use only as a consumer.
Any other use, including and not limited to the reproduction,
modification, distribution, transmission, republication, removal,
deletion, addition, display, or performance of the content on this site or
the exploitation in any other manner of any of the content of this web
site is prohibited, unless Hooters Motorcycles permission. All trademarks
featured on Hooters Motorcycles are registered trademarks of their original
owners who reserve all their rights and ownership. The use or mention of
any trade name, product name, or trademark in this web site is in no way
intended to suggest that the trademark owner is at all affiliated with or
endorses this site. We disclaim any representation regarding its contents,
including the merchandise offered. Hooters Motorcycles expressly disclaims any
indication that it is an authorized dealer or agent of any of the
designers whose goods are offered on this site. You agree that all content
appearing on the web site, including, but not limited to code, trademarks,
service marks, trade names, graphics, images, text, audio clips, button
icons, and computer software, are the sole property of Hooters Motorcycles
or its partners and suppliers, and protected by U.S. and international
laws and treaties. Users are granted permission to browse and use the
Hooters Motorcycles site for its intended purpose, which is for your
retail use only as a consumer. Any other use, including and not limited to
the reproduction, modification, distribution, transmission, republication,
removal, deletion, addition, display, or performance of the content on
this site or the exploitation in any other manner of any of the content of
this web site, in part or in whole, is strictly prohibited. Except as
expressly authorized in writing, the use or misuse of any trademarks,
service marks, trade names, logos, text, images, graphics, intellectual
property or content from this web site is strictly prohibited. Hooters
Motorcycles does not grant, by implication, or otherwise, any license or
right to use any trademark, service mark, trade name or logo, or the
content displayed on this web site, without the prior written consent of
Hooters Motorcycles. Hooters Motorcycles prohibits use of the Hooters
Motorcycles logo as a link to any website unless creating such a link is
approved in advance by Hooters Motorcycles in writing. Registered and
unregistered proprietary information is owned and held by Hooters
Motorcycles and its licensors and, therefore, you may be liable for
infringement or misappropriation or other legal action to the fullest
extent of the law if you misuse this web site in any form mentioned or
unmentioned.
Termination of the use of this web site:
You agree that any unauthorized use of this web site, content materials
and intellectual property or any fraudulent, abusive or otherwise illegal
activity shall be grounds for termination of your right to access, browse
and use the Hooters Motorcycles web site. Hooters Motorcycles reserves the
right to terminate your access to our web site and its content and use at
any time, with or without notice at our discretion.
Third party web sites:
You agree that Hooters Motorcycles encourages you to exercise discretion
browsing the internet. Our web site, products or services may direct you
to sites containing information that some people may find offensive or
inappropriate. Hooters Motorcycles and its affiliates make no
representation or warranty about the legality of any third party web site.
Any such web site is independent from Hooters Motorcycles, and Hooters
Motorcycles has no control over, or responsibility with respect to, the
information provided or activities undertaken by any such web site. A link
between Hooters Motorcycles and another web site further does not mean
that Hooters Motorcycles endorses that web site. Linking to off-site pages
is done at your own risk, requiring you to make your own independent
decisions regarding your interactions or communications with any other web
site. Hooters Motorcycles expressly disclaims any responsibility or
liability for any damage, loss, or injury arising out of the activities of
any third party, the goods or services offered or the content displayed by
any of such third party not under the Hooters Motorcycles domain.
Limited availability and price:
In the event a product or service is listed at an incorrect price due to
typographical error or error in pricing information received from our
suppliers, Hooters Motorcycles will have the right to refuse or cancel any
orders placed for products or services listed at the incorrect price.
Hooters Motorcycles will have the right to limit the number of items
purchased through our web site. Hooters Motorcycles will have the right to
refuse or cancel any order whether or not the order has been confirmed and
your credit card charged. If your credit card has already been charged for
the purchase and your order is canceled, Hooters Motorcycles will
immediately issue a credit to your credit card account in the amount of
the incorrect price.
Minors
Hooters Motorcycles does not knowingly market to or knowingly solicit
information from minors. Minors are ineligible to use our services, and we
do not want minors to submit any personal information to us. If you are a
minor, you can use this service only under the supervision of your parents
or guardians.
Consent
The TOS constitutes the entire agreement between you and Hooters
Motorcycles and govern your use of Hooters Motorcycles, superceding any
prior agreements between you and Hooters Motorcycles. You also may be
subject to additional terms and conditions that may apply when you
purchase certain Hooters Motorcycles merchandise. The TOS and the
relationship between you and Hooters Motorcycles shall be governed by the
laws of the State of California without regard to its conflict of law
provisions. You and Hooters Motorcycles agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
Horry, SC. 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 TOS must be filed within one (1) month after
such claim or cause of action arose or be forever barred.
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