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Welcome to innovativemx.com
("Website"). This Website (as well as the other Internet domains
owned by us that direct traffic to innovativemx.com) is owned and
operated by JM100, LLC. ("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.
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.
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,
including the trademarks Harley-Davidson® and H-D®, 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 innovativemx, (ii) that innovativemx is an
authorized dealer of such third party, or (iii) that such third
party products are manufactured or sold by innovativemx.
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 only. Any terms and conditions contained on
product information webpages on the Website, including for example
the terms and conditions pertaining to innovativemx Gift
Certificates, are incorporated into this Terms of Service by
reference. Your use of the Website and your purchase of any product
or service through the Website is your acceptance of any applicable
product terms and conditions.
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
mailto:admin@innovativemx.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. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Privacy. Your use of our
Website and Services is subject to our Privacy Policy. Please read
our Privacy Policy at
http://www.innovativemx.com/privacypolicy.html
12. 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
13. 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 HERE (mailto:admin@innovativemx.com).
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.
14. 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.
15. 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.
16. 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 Oregon, 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 Multnomah County, Oregon. You consent to the
exclusive jurisdiction of the state and federal courts located in
Multnomah County, Oregon. 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.
17. 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.
18. 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@innovativemx.com or by phone at 1-602-323-6687.
19. Copyright Notice. All
Website Content, including design, graphics, text selections,
arrangements, and all software are Copyright © 2007, JM100, LLC. The
innovativeMX Trademark is a registered trademark of JM100, LLC. ALL
RIGHTS RESERVED.
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