Welcome to CheapCycleParts ("Website"). This Website (as well as the other
Internet domains owned by us that direct traffic to CheapCycleParts.com) is
owned and operated by CheapCycleParts. ("Company," "we," or "us"). In addition
to the content on the Website, the Website provides you with various shopping,
e-commerce and community services ("Services"). BY USING OUR WEBSITE AND
THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE
WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS
OF OUR TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF
OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE
TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and
conditions may apply to the purchase of products, such as shipping and return
policies. By using this Website, you agree to such terms and conditions.
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1. Copyright and Ownership.
All of the content featured or displayed on the Website, including without
limitation text, graphics, photographs, images, moving images, sound, and
illustrations ("Content"), is owned by Company, its licensors, vendors, agents
and/or its Content providers. All elements of the Website, including without
limitation the general design and the Content, are protected by trade dress,
copyright, moral rights, trademark and other laws relating to intellectual
property rights. The Services and the Website may only be used for the intended
purpose for which such Website and Services are being made available. Except as
may be otherwise indicated in specific documents within the Website, you are
authorized to view, play, print and download documents, audio and video found on
our Website for personal, informational, and noncommercial purposes only. Except
as expressly permitted by Company, you may not modify any of the materials and
you may not copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer or sell any information or work
contained on the Website. Except as authorized under the copyright laws, you are
responsible for obtaining permission before reusing any copyrighted material
that is available on the Website. For purposes of these Terms of Service, the
use of any such material on any other Website or networked computer environment
is prohibited. You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the Website and
Services. The Website, its Content and all related rights shall remain the
exclusive property of Company or its licensors unless otherwise expressly
agreed. You will not remove any copyright, trademark, service mark, or other
proprietary notices from material found on the Website.
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2. Trademarks.
All trademarks, service marks and trade names of Company used herein (including
but not limited to: the Company name and corporate logo) (collectively "Marks")
are trademarks or registered trademarks or service marks of Company or its
affiliates, partners, vendors or licensors. You may not use, copy, reproduce,
republish, upload, post, transmit, distribute, or modify Company trademarks in
any way, including in advertising or publicity pertaining to distribution of
materials on this site, without Company's prior written consent. The use of
Company trademarks on any other Website or network computer environment is not
allowed. You may not use of Company Marks as a "hot" link on or to any other
Website without prior written approval from the Company (for instance,
participation in our affiliate program). All brand names or trademarks used on
this website, are all trademarks of their respective owners. Reference to any
product, process, service, or offering of any third party by trade name,
trademark, manufacturer or otherwise is for reference purposes only, and does
not necessarily constitute or imply (i) the endorsement or recommendation of
such by CheapCycleParts. is an authorized dealer of such third party. or that
such third party products are endorsed by CheapCycleParts.
3. Products, Content and
Specifications. All features, Content, specifications, products
and prices of products and services described or depicted on this Website are
subject to change at any time without notice. Certain weights, measures and
similar descriptions are approximate and are provided for convenience purposes
only. We make all reasonable efforts to accurately display the attributes of our
products, including the applicable colors; however, the actual color you see
will depend on your computer system, and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products or services
on this Website at a particular time does not imply or warrant that these
products or services will be available at all times. It is your responsibility
to ascertain and obey all applicable local, state, federal and international
laws (including minimum age requirements) in regard to the possession, use and
sale of any item purchased from this Website. By placing an order, you represent
that the products ordered will be used only in a lawful manner. All
videocassettes, DVDs and similar products sold are for private, home use (where
no admission fee is charged), non-public performance and may not be duplicated.
All products offered on this website are intended and sold for aftermarket use
only. All part numbers and corresponding printed matter, as well as all use of
motorcycle model numbers, are not intended to imply that any of these parts are
original equipment of, or endorsed by, such motorcycle manufacturer. All parts
listed on this website are from independent aftermarket sources. Even though
these products may have brand names inserted, the use of such brand names is
intended for brand identification and reference purposes .
4. Shipping Limitations.
When an order is placed, it will be shipping to an address designated by the
purchaser as long as that shipping address is compliant with the shipping
restrictions contained on this Website located at www.CheapCycleParts.com. Risk of loss
and title for items purchased from this Website pass to you upon delivery of the
items to the carrier. You are responsible for filing any claims with carriers
for damaged and/or lost shipments.
5. Accuracy of Information.
We attempt to ensure that information on this Website is complete, accurate and
current. Despite our efforts, the information on this Website may occasionally
be inaccurate, incomplete or out of date. We make no representation as to the
completeness, accuracy or currency of any information on this Website. For
example, products included on this Website may be unavailable, may have
different attributes than those listed, or may actually carry a different price
than that stated on this Website. In addition, we may make changes in
information about price and availability without notice. While it is our
practice to confirm orders by email, the receipt of an email order confirmation
does not constitute our acceptance of an order or our confirmation of an offer
to sell a product or service. We reserve the right, without prior notice, to
limit the order quantity on any product or service and/or to refuse service to
any customer. We also may require verification of information prior to the
acceptance and/or shipment of any order. If there is an error with your order or
with any information on this Website, we will work diligently to try to correct
that error and provide you with a satisfactory result.
6. Promotions, Contests and
Sweepstakes. We will occasionally offer sales promotions,
contests, and sweepstakes where you will have an opportunity to obtain a gift
with a purchase or win a prize. These promotions, contests and sweepstakes will
often have additional terms and conditions associated with them which we will
link to or note prominently with the promotion, contest or sweepstakes.
7. Proper Use of this
Website.
A. Company hereby grants you permission to use the
Website as set forth in these Terms of Service, provided that: (i) your use of
the Website as permitted is solely for your personal, noncommercial use; (ii)
you will not copy or distribute any part of the Website in any medium without
Company's prior written authorization; (iii) you will not alter or modify any
part of the Website; and (iv) you will otherwise comply with the terms and
conditions of these Terms of Service.
B. In order to receive some Services, you may have to
create an account. You may never use another's account without permission. When
creating your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. You must notify us immediately of any
breach of security or unauthorized use of your account. Although Company will
not be liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses of Company or others due to such unauthorized
use.
C. Company may permanently or temporarily terminate,
suspend, or otherwise refuse to permit your access to the Website without notice
and liability, if, in Company's sole determination, you violate any of the Terms
of Service, including the following prohibited actions; (i) use the Website for
any illegal purpose; (ii) submit, transmit, promote or distribute information or
content that is illegal; (iii) attempt to interfere with, compromise the system
integrity or security or decipher any transmissions to or from the servers
running the Website; (iv) take any action that imposes, or may impose at our
sole discretion an unreasonable or disproportionately large load on our
infrastructure; (v) upload invalid data, viruses, worms, or other software
agents through the Website; (vi) use any robot, spider, scraper or other
automated access the Website for any purpose without our express written
permission; (vii) impersonate another person or otherwise misrepresent User's
affiliation with a person or entity, conduct fraud, hide or attempt to hide your
identity; (viii) submit, upload, post, email, transmit or otherwise make
available any information or content that you do not have a right to make
available under any law or under contractual or fiduciary relationships; (ix)
interfere with the proper working of the Website; or, (x) bypass the measures we
may use to prevent or restrict access to the Website. Upon termination for any
reason, you continue to be bound by this Agreement.
D. Creating or maintaining any link from another website
to any page on this Website without our prior written permission is prohibited.
Running or displaying this Website or any information or material displayed on
this Website in frames or through similar means on another website without our
prior written permission is prohibited. Any permitted links to this Website must
comply will all applicable laws, rule and regulations. If you want to obtain
permission to maintain a link, contact us by clicking here or follow the
instructions of our affiliate programs.
E. From time to time, this Website may contain links to
websites that are not owned, operated or controlled by Company or its
affiliates. All such links are provided solely as a convenience to you. If you
use these links, you will leave this Website. Neither we nor any of our
respective affiliates are responsible for any content, materials or other
information located on or accessible from any other website. Neither we nor any
of our respective affiliates endorse, guarantee, or make any representations or
warranties regarding any other websites, or any content, materials or other
information located or accessible from any other websites, or the results that
you may obtain from using any other websites. If you decide to access any other
websites linked to or from this Website, you do so entirely at your own risk.
8. Inappropriate Material.
You are prohibited from posting or sending any unlawful, threatening,
defamatory, libelous, vulgar, sexually explicit, obscene, pornographic or
profane material, harmful, abusive, racially or ethnically offensive,
infringing, invasive of personal privacy or publicity rights, harassing,
libelous, or in a the Company's sole discretion, objectionable, or any material
that could constitute or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise violate any law. Such
violations may subject the sender and his or her agents to civil and criminal
penalties. You further understand and agree that sending unsolicited email
advertisements to any user of the Website is expressly prohibited by these Terms
of Service. Any such unauthorized use of our computer systems is a violation of
these Terms of Service and applicable "anti-spam" laws. In addition to any
remedies that we may have at law or in equity, if we determine, in our sole
discretion, that you have violated or are likely to violate the foregoing
prohibitions, we may take any action we deem necessary to cure or prevent the
violation, including without limitation, the immediate removal of the related
materials from this Website. We will fully cooperate with any law enforcement
authorities or court order or subpoena requesting or directing us to disclose
the identity, or other information, of anyone posting such materials.
9. Account Security.
You are entirely responsible for the security and confidentiality of your
password and account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to immediately notify us of
any unauthorized use of your account or any other breach of security of which
you become aware. You are responsible for taking precautions and providing
security measures best suited for your situation and intended use of the
Services and Website. We have the right to provide user billing, account,
Content or use records, and related information under certain circumstances
(such as in response to legal responsibility, lawful process, orders, subpoenas,
or warrants, or to protect our rights, customers or business) in accordance with
our Privacy Policy. Please note that anyone able to provide your account
information will be able access your account so you should take reasonable steps
to protect this information.
10. Information Control.
User published Content does not represent the views of Company or any individual
associated with Company, and we do not control this Content. In no event shall
you represent or suggest, directly or indirectly, Company's endorsement of user
published Content. Company does not vouch for the accuracy or credibility of any
user published Content on our Website, and does not take any responsibility or
assume any liability for any actions you may take as a result of reading user
published Content on our Website. Through your use of the Website and Services,
you may be exposed to Content that you may find offensive, objectionable,
harmful, inaccurate or deceptive. There may also be risks of dealing with
underage persons, people acting under false pretense, international trade issues
and foreign nationals. By using our Website, you assume all associated risks.
11. Your License to Us.
User published Content remains the intellectual property of the individual user.
By posting Content on our Website, you grant Company a non-exclusive, perpetual,
irrevocable, royalty-free, worldwide, fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such Content throughout the world in any media, whether
now known or hereafter discovered. In addition, you warrant that all so-called
"moral rights" in those materials have been waived.
12. Fees.
For all charges for any products and services sold on the Website, Company will
bill your credit card or accept alternative payment method authorized by
Company. In the event legal action is necessary to collect on balances due, you
agree to reimburse Company for all expenses incurred to recover sums due,
including attorneys' fees and other legal expenses. You are responsible for
purchase of, and payment of charges for, all Internet access services and
telecommunications services needed for use of this Website.
13. Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated
means to access the Website for any purpose without our permission.
Additionally, you agree that you will not: (i) take any action that imposes, or
may impose in our sole discretion an unreasonable or disproportionately large
load on our infrastructure; (ii) interfere or attempt to interfere with the
proper working of the site or any activities conducted on the Website; or (iii)
bypass any measures we may use to prevent or restrict access to the Website.
14. Force Majeure.
Neither Company nor you shall be responsible for damages or for delays or
failures in performance resulting from acts or occurrences beyond their
reasonable control, including, without limitation: fire, lightning, explosion,
power surge or failure, water, acts of God, war, revolution, civil commotion or
acts of civil or military authorities or public enemies: any law, order,
regulation, ordinance, or requirement of any government or legal body or any
representative of any such government or legal body; or labor unrest, including
without limitation, strikes, slowdowns, picketing, or boycotts; inability to
secure raw materials, transportation facilities, fuel or energy shortages, or
acts or omissions of other common carriers.
15. Privacy.
Your use of our Website and Services is subject to our Privacy Policy. Please
read our Privacy Policy at www.CheapCycleParts.com.
16. DISCLAIMERS.
Your use of this Site is at your risk. THE CONTENT, INFORMATION, PRODUCTS,
MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS"
WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER COMPANY NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS
OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE.
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY
BE OUT OF DATE, AND NEITHER COMPANY NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES
ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR
SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE
SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND
SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR
PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY
CODES, OR MISAPPROPRIATION. YOU ACKNOWLEDGE AND AGREE THAT THERE IS A HIGH RISK
OF INJURY WHEN PARTICIPATING IN MOTOR SPORTS AND COMPANY HEREBY EXPRESSLY
DISCLAIMS ALL LIABILITY FOR PERSONAL INJURY RESULTING FROM THE USE OF THE
PRODUCTS AND SERVICE PURCHASED ON OR THROUGH THIS WEBSITE. YOU ACKNOWLEDGE AND
AGREE THAT THE FORGOING DISCLAIMERS ARE A MATERIAL CONDITION TO ENABLE COMPANY
TO OFFER PRODUCTS AND SERVICES THROUGH ITS WEBSITE. WE MAKE NO WARRANTIES TO
THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE
COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
17. LIMITATIONS OF LIABILITY.
Company assumes no responsibility or liability for any damages to, or any
viruses that may infect, your computer, telecommunication equipment, or other
property caused by or arising from your access to, use of, or browsing this
Website, or your downloading of any information or materials from this Website.
IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE
CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT,
YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF
ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH
THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER
OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH
MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH
PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED
ON THIS WEBSITE). IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) FIFTY
DOLLARS ($50.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE.
18. Indemnity.
You agree to defend, indemnify and hold Company and any affiliated company or
individual harmless from any and all liabilities, costs, and expenses, including
reasonable attorneys' fees, related to any violation of these terms by you or
your authorized users, or in connection with the use of the Website or the
Internet or your purchases or the placement or transmission of any message or
information on this Website by you or your authorized users or your violation of
any law or the rights of a third party.
19. Release.
In the event that you have a dispute with one or more other users of the
Website, you release Company (and its officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes.
20. Termination.
You or we may suspend or terminate your account or your use of this Website at
any time, for any reason or for no reason. You are personally liable for any
orders placed or charges incurred through your account prior to termination. We
may also block your access to our Website in the event that (a) you breach these
Terms of Service; (b) we are unable to verify or authenticate any information
you provide to us; or (c) we believe that your actions may cause financial loss
or legal liability for you, our users or us.
21. General.
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the State of Indiana without respect to its
conflict of laws principles. Any claim or dispute between you and Company that
arises in whole or in part from use of the Website shall be decided exclusively
by a court of competent jurisdiction located in Floyd County Indiana. You
consent to the exclusive jurisdiction of the state and federal courts located in
Floyd County Indiana. A printed version of these Terms and Conditions will be
admissible in judicial and administrative proceedings based upon or relating to
these Terms and Conditions to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form. If any provision of these Terms of Service is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. You agree that these Terms of Service, any rights and
licenses granted hereunder, and all incorporated agreements may be assigned by
Company in its sole discretion without restriction, but may not be assigned by
you. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure to act
with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. These Terms of Service set forth the
entire understanding and agreement between us with respect to the subject matter
hereof and supersede any prior understandings or agreements (written or oral).
Sections 1-3, 9, 11-13, and 16-19 shall survive any termination or expiration of
this Agreement.
22. No Waiver.
No waiver of any term of this these Terms of Service shall be deemed a further
or continuing waiver of such term or any other term, and Company's failure to
assert any right or provision under these Terms of Service shall not constitute
a waiver of such right or provision.
23. Additional Assistance.
If you do not understand any of the foregoing Terms of Service or if you have
any questions or comments, we invite you to contact our Customer Service
Department by email at sales@CheapCycleParts.com or by phone at 1-866-842-0086
24. Ability to Accept Terms
of Use. By your use of the Website, you affirm that you are at
least 18 years of age, an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into the terms,
conditions, and obligations set forth in these Terms of Service. You may not use
this Website if you are under the age of thirteen or if your use is prohibited
by law in your jurisdiction.
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