Last Updated: April 16, 2014
This is a binding agreement ("Agreement"). This website, www.themotoattic.com ("Site"), is the property of The Moto Attic, LLC ("TMA"). You must be at least 18 years of age to use this Site. Your use of this Site, and any information, services and products made available through this Site (collectively the "Service(s)") is subject to your agreement to the binding terms and conditions set forth herein, as may be amended from time to time by TMA at TMA's sole discretion.
By clicking "I Agree" or by your use of this Site, you agree to such binding terms and conditions. If you do not agree to be bound by these terms and conditions, then please do not proceed any further and do not access or use this Site or any of the Services made available herein.
The Moto Attic is a free virtual marketplace specializing in all aspects of buying, selling, trading, and sharing motorcycle related products and events. Created by a combination of motorcycle enthusiasts and Web developers, The Moto Attic provides the best of both worlds; a platform with the latest technology meeting the needs and wants of all involved in the motorcycle world.
TMA acts as a venue to allow users who comply with TMA's policies to offer, sell and buy certain goods within a fixed-price format. TMA is not directly involved in the transaction between buyers and sellers. As a result, TMA has no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. TMA does not pre-screen users or the content or information provided by users and cannot guarantee the true identity, age, or nationality of a user. TMA cannot ensure that a buyer or seller will actually complete a transaction and cannot transfer legal ownership of items from the seller to the buyer. Accordingly, TMA disclaims any liability in connection with any of the foregoing. You use the Site at your own risk.
TMA makes no representations or warranties, either express or implied, of any kind with respect to products sold or services provided through the Site. This Site and any information, product, material and/or service obtained by you from this Site, including, without limitation, the Services, are provided "as-is", without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. In no event, whether based on contract, tort (including, without limitation, negligence), equity, indemnity, warranty, and strict liability or other theory, shall TMA be liable for indirect, incidental, consequential, special, exemplary, and punitive or any other damages whatsoever including, without limitation, loss of profit or revenue.
Eligibility: The Services are available only to, and may only be used by, individuals who are 18 years and older. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. TMA may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. Individuals under the age of 18 must at all times use TMA's Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities. You agree to comply with all federal and state laws regarding online conduct and acceptable content. You are responsible for all applicable taxes (excluding TMA's tax obligations with respect to any net profits made by TMA). You agree not to sell any stolen goods or products on the Site. In addition, you must abide by TMA's policies as stated in the Agreement as well as all other rules, policies and procedures that may be published from time to time on the Site by TMA, each of which is incorporated herein by reference and each of which may be updated by TMA without notice to you.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify TMA of any unauthorized use of your password or any breach of security. TMA disclaims any and all liability resulting from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your account and User ID to another party.
Personal URL: You may choose a personal url for your user page on the Site. The personal url shall at all times remain the property of TMA. TMA reserves the refuse the use of any personal url on the Site in TMA's sole discretion. TMA retains the right to cancel and/or change your personal url at any time, in TMA's sole discretion. You may not transfer or sell your personal url to another party.
No Stolen Goods: TMA does not permit the sale of stolen goods or products on the Site. If you list or sell an item that may be stolen, to be determined by TMA in TMA's sole discretion, you may be reported to the appropriate law enforcement officials for further investigation. TMA does not check the title of items for sale on the site, including whether they are stolen. When purchasing used goods from another member that has a serial number attached to it, it is the buyer's sole responsibility to check the serial number with local databases to ensure it is not registered as a stolen item.
Right to Refuse Service: TMA reserves the right, in TMA's sole discretion, to cancel or terminate any user listing or user account for any reason (with or without cause), including, without limitation, unconfirmed or inactive accounts. TMA reserves the right to refuse service to anyone, for any reason, at any time.
Joining the Site is free. TMA does not charge to list an item for sale or to purchase an item, and does not charge any fees when an item sells. Any purchase a buyer makes from a seller is made directly from that seller. Different options may be available for sellers to collect payments, including using a third party pay site such as PayPal. However, TMA does not act as an escrow agent or provide any payment processing directly through the Site or otherwise.
TMA's fee policy is subject to change at TMA's sole discretion. Changes to the fees are effective after TMA provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, TMA may choose to temporarily change the fee policy for TMA's Services for promotional events (for example, free listing days) and such changes are effective when TMA posts the temporary promotional event on the Site. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using the Site.
Listing Description: All listings on the Site must be for sale. By listing an item on the Site you represent and warrant that all aspects of the listing and item comply with TMA's published policies and all applicable federal and state laws. Each listing must accurately and completely describe the item(s) for sale in that listing. The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. When a buyer clicks "buy now" to purchase an item from a seller the buyer will be directed to seller's published options and policies; a PayPal link may be provided by TMA (at seller's option) to help facilitate the completion of any potential sale. However, the seller may provide alternative payment options to complete the transaction. TMA disclaims any and all liability that may result from seller's sales' policies.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. TMA disclaims any and all liability that may result from a failure of a seller or buyer to take the appropriate steps necessary to complete a sale (e.g., failure to pay or deliver etc.). TMA does not offer refunds on any purchases made or initiated through the Site. Refunds, if any, are to be negotiated between a buyer and seller directly.
Shipping Calculator: TMA may provide a shipping calculator on the Site to provide estimates for shipping costs. Any shipping costs provided are estimates only. It is up to the shipper to ensure that all items are shipped with the correct amount of postage from the applicable shipping carrier. TMA disclaims all liability for items shipped with the incorrect amount of postage due to reliance on the estimates provided by the Site's shipping calculator.
You are solely responsible for your conduct and activities on and regarding the Site and any and all material, data, text, information, usernames, user urls, graphics, images, photographs, profiles, audio, video, items, and links (collectively, "Content") that you submit, post, and display on the Site and/or send to TMA in the form of an unsolicited submission. The Content shall not be false, inaccurate or misleading, libelous, defamatory, obscene, pornographic, abusive, or threatening, and shall not contain any materials that could infringe upon a third party's intellectual property rights (e.g., copyright, trademark or patent law etc.) or constitute a tort or criminal offense.
The Site provides an internal messaging system ("IMS") for users to communicate with other users. Registered users of the Site will be provided a private email box through the IMS. Messages received through the IMS may be forwarded to your separate email account; should you choose to use such forwarding, you agree to only forward such emails to an email account controlled by you, and you are solely responsible for providing an accurate email address for forwarding. Any message you send through the IMS shall also be considered "Content" as defined above.
License: TMA does not claim ownership rights in your Content. You grant TMA a license solely to enable TMA to use any Content that you supply to the Site so that TMA is not violating any rights you might have in that Content. You grant TMA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right to copy, edit, distribute, publicly display and publicly perform, translate, reformat, and otherwise exploit, in any media now known or not currently known, the Content at TMA's sole discretion. You will not be compensated for such exploitations by TMA. By posting Content on the Site, excluding email through the IMS, it is possible for an outside website or a third party to re-post that Content. You agree to hold TMA harmless for any dispute concerning such use.
TMA does not control the Content provided by users that is made available on TMA. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. You agree to hold TMA harmless and free of any and all liability in connection with any of the foregoing.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using TMA, you agree to accept such risks and that TMA (including, without limitation, TMA's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on TMA.
TMA is not responsible for the availability of outside websites or resources linked to or referenced on the Site. TMA does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TMA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
TMA has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. TMA has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of TMA or of a third party, or otherwise violated any intellectual property laws or regulations. TMA's policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want TMA to delete, edit, or disable the material in question, you must provide TMA with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TMA to locate the material; (d) information reasonably sufficient to permit TMA to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it TMA's designated agent at:
The Moto Attic, LLC
7336 Santa Monica Blvd. # 253
West Hollywood, CA 90046
TMA, and other TMA graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks and/or trade dress of TMA. You may not use TMA's trademarks and trade dress in connection with any product or service in any manner that is likely to cause consumer confusion. Nothing herein shall be construed or deemed to transfer any right, title or interest in TMA's intellectual property to a user of the Site.
You assume full responsibility and all risk of loss resulting from your use of this Site and any information or products sold on this Site and/or received by you from your use of this Site. MOTORCYCLES ARE INHERENTLY DANGEROUS TO WORK ON AND RIDE. TMA DOES NOT ENDORSE ANY SUCH ACTIVITY NOR WARRANTY THE SAFETY OF ANY PRODUCT SOLD ON THE SITE. TMA FURTHER DISCLAIMS ANY LIABILITY FOR ANY INJURY, PROPERTY LOSS OR DEATH RELATED TO THE USE OF ANY PRODUCTS BOUGHT ON THE SITE, OR FROM THE USE OF ANY MOTORCYCLE, INCLUDING FROM USER ERROR AND PRODUCT DEFECT.
Under no circumstances shall we, or any of our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents or representatives be liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages, arising out of or relating in any way to this Site and/or any materials contained on this Site, any linked Site or any product or service purchased through this Site. TMA'S total liability shall be limited to any amount paid by you to use THE SITE and you hereby release us and our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents and representatives from any and all suits, obligations, damages, liabilities and claims, known or unknown, in excess of such limitation.
TMA, TMA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE THE WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TMA, TMA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TMA SHALL CREATE ANY WARRANTY. TMA DOES NOT WARRANT THAT THE TITLE TO ANY GOOD OR PRODUCT ON THE SITE IS VALID, OR THAT A SELLER HAS THE LEGAL RIGHT TO SELL ANY SUCH GOOD OR PRODUCT.
YOU AGREE TO INDEMNIFY AND HOLD TMA AND AS APPLICABLE TMA'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE COSTS AND ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
TMA does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside TMA's control.
Without limiting any other remedies, TMA may, without notice, and without refunding any fees, delay or immediately remove Content, warn the Site's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend or terminate a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if a user breaches this Agreement.
The laws of the State of California shall govern this agreement, without regard for its conflict of laws principles. Any dispute arising out of or relating to this agreement shall be resolved exclusively in Los Angeles County, California and only by arbitration in accordance with the rules of the American Arbitration Association or JAMS. The parties hereto shall bear their own costs in connection with such arbitration and submit to the exclusive jurisdiction of such arbitration proceedings. The prevailing party shall be entitled to reasonable expenses and attorneys' fees. The parties hereto understand that by submitting their dispute to arbitration, they are waiving their right to a jury trial, and agree to waive such rights. Any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
In the event a dispute arises between you and another user or a third party, you hereby release TMA (including, without limitation, TMA's officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, patent or latent, arising out of or in any way connected with disputes with one or more users or an outside party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and TMA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices shall be sent via first class mail, return receipt requested, to:
The Moto Attic, LLC
7336 Santa Monica Blvd. # 253
West Hollywood, CA 90046
Notices shall be deemed effective when received.