Terms and Conditions of Use
Last Modified: November 21, 2012
Welcome to the Triumph Motorcycles website, shop.triumphmotorcycles.com (which we refer to in these Terms and Conditions of Use as the “site”, which term also refers to any content, functionality and services offered on or through the site).
The site is designed for use by the general public throughout the United States. We want to ensure that the site is acceptable for anyone in this community of users. That requires us to implement a few rules. Accordingly, we have put these Terms and Conditions of Use (these “Terms”) in place.
When we refer to “you” and “your” in these Terms, we are referring to you as a visitor to and user of the site. “We,” “us” and “our” refer to Triumph Motorcycles (America) Ltd.
1. ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, registering on and/or using the site, you acknowledge that you have read, understood and agreed to be bound by these Terms.
We may make changes to the site or these Terms at any time. Any modifications will be effective when the changes are posted to the site. You can review the most current version of the Terms at any time by accessing the Terms and Conditions link, and you are expected to check this page from time to time for updates to these Terms. You understand and agree that your continued access to or use of the site after any posted modification to these Terms indicates your acceptance of the modification.
If you do not agree to these Terms, you should not access or otherwise use the site.
2. ELIGIBILITY TO USE THE SITE
The site is available to the general public who are at least 18 years of age and who otherwise have the authority to enter into these Terms.
We have the right to restrict your access to the site, without notice to you, at any time (including during your employment with us) for any or no reason and with no liability to you.
In order to use some of the features that are offered through the site, you will need to create an account and provide certain information about yourself. You agree that any information you provide to us during registration, and at all other times, is and will be true, current and complete.
You are responsible for maintaining the confidentiality of your user account and password, are responsible for ensuring that no person who is not authorized to use the site accesses the site through your internet connection, and are responsible for all behavior of any such person who improperly accesses the site.
3. POSTING OF CONTENT BY USERS
In using the site, you and other users, subject to these Terms, will have the opportunity to submit, post, transmit and/or exchange certain Content to the site. “Content” refers to any information, ideas, opinions, text, images, photos, audio, video, location data and all other forms of data or communication. Content that you submit is referred to as “Your Content.”
You are solely responsible for all of Your Content that you submit or transmit to, through, or in connection with the site, as well as any and all acts and omissions that occur during or relating to your use of the site. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
It is your choice to submit Your Content. If you do choose to post Your Content on the site, please understand that your postings will be available to all users of the site worldwide, will be considered non-confidential and non-proprietary, and will be subject to the license granted below under the heading “Intellectual Property”. You should not assume that you are anonymous online and cannot be identified by your postings, and you should be aware that other users of the site may use Your Content in a manner you do not like. We are not responsible for any use of Your Content.
4. ACCEPTABLE USE POLICY
You agree not to engage in unacceptable use of the site. Without limiting that general statement, you agree to the following acceptable use policy guidelines:
· You may not post, disseminate or transmit any Content that infringes or otherwise violates any party's copyright, trademark, trade secret, patent or other proprietary or intellectual property right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third party trademarks without appropriate permission or attribution, or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality.
· You may not post any content that you do not have a right to share, whether by law or by any contractual or fiduciary relationship (which includes any proprietary or confidential information learned or disclosed as a part of employment relationships).
· You may not utilize the site in any manner that would be a violation of any computing resources usage guidelines that apply to you.
· You may only post Content that is accurate, complete and current.
· You may not post any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. This includes your agreement not to defame or otherwise discredit our reputation or that of our products or services, or our officers, directors, employees, partners, affiliates, customers, vendors or any other third parties.
· You may not purport to speak for any party other than yourself as an individual, or otherwise impersonate any person or entity (including us or any moderator or administrator of the site), or falsely state or otherwise misrepresent your affiliation with any person or entity. This also means that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any of Your Content.
· You may not imply or suggest in any way that Your Content is sponsored or endorsed by us.
· You may not use the site in any way that violate any law (whether local, state, national, or international), whether or not intentionally.
· You may not post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, investment opportunities, or any other form of solicitation that is not expressly permitted by us in areas that are expressly designated by the site for such purpose.
· You may not attempt to use or access the site in any way that would compromise the security measures we have undertaken in order to avoid risks associated with the loss or destruction of data. For example, you may not disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs.
· You may not interfere with or disrupt the site, or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the site.
· You may not interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the site or any other computer network.
· You may not restrict or inhibit any other visitor or member from using the site, including, without limitation, by means of "hacking" or defacing any portion of the site.
· You may not engage in any other activity deemed by us in our sole discretion to be in conflict with the spirit or intent of these Terms.
You are responsible for applying these rules. We are under no obligation to enforce these Terms on your behalf against another user. You understand that by using the site, you may be exposed to Content that may offend you or challenge your beliefs. Your sole remedy is to avoid such Content by discontinuing your use of the site.
5. THIRD PARTY CONTENT
Opinions and other statements expressed by users of the site and third parties that we allow to post Content on the site are theirs alone, not opinions of us. Content created by third parties (including Your Content, “Third Party Content”) is the sole responsibility of the third parties posting such Third Party Content, and we do not endorse or guarantee its accuracy or completeness. Although we reserve all rights to monitor the site for any reason, including evaluating whether any Third Party Content added to the site is, in our sole discretion, consistent with these Terms, we assume no responsibility or liability arising from any Third Party Content.
We do not control any postings to the comments sections and discussion boards available through the site, and does not guarantee the accuracy, integrity or quality of any such postings. Under no circumstances will we be liable in any way for any postings, including, but not limited to, for any errors, omissions or misrepresentations in any postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any postings.
You agree that your use of any Content is solely at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content. You acknowledge and agree that any Third Party Content and any and all liability arising from Third Party Content are the sole responsibility of the user who posted the Third Party Content, and not us.
6. MONITORING AND ENFORCEMENT
You understand that we have the right, but not the obligation, to refuse to make available, to modify or to remove any Content in our sole discretion and at any time, without notice to the party providing such Content, regardless of whether such Content violates these Terms.
If you are aware of any Content on the site that you believe is unlawful, infringes the property rights of us, you, any other user, or any third party, or otherwise fails to conform to these Terms, please send an e-mail notification with the subject "Inappropriate Use" to firstname.lastname@example.org
We may take whatever action we deem appropriate in connection with such a notification, which may include no action. We have the right, but not the obligation, to:
· Remove or refuse to post any Content for any or no reason in our sole discretion.
· Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion if we believe that such Content violates these Terms, infringes any intellectual property right or other right, threatens the personal safety of users of the site and the public or could create liability for us.
· Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the site. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding any Third Party Content. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
7. LINKS TO OTHER WEB SITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
8. INTELLECTUAL PROPERTY
If you choose to post any Content on our web site, you agree that we and all other users of the site may, and you hereby grant us and all other users of the site a nonexclusive, global, royalty-free, perpetual, irrevocable, sublicensable and transferable license to: use, copy, distribute, display, publish, modify, translate and create derivative works from such postings and all of Your Content contained therein for any purpose and in any medium worldwide without any obligation to compensate you or any other third party in any way for any such use. We and other users of the site may grant other parties these same rights as to the postings and Your Content. You waive against us and all users of the site any claims and assertions of moral rights or attribution with respect to Your Content.
You represent and warrant that you own, or otherwise have the full right to use and grant the license set forth above in, all of Your Content, and that the posting of Your Content does not violate any intellectual property or other proprietary rights of any other person.
You agree that, as between you and us, we own or otherwise have all proprietary rights to all Content that we create and make available in connection with the site, including through any Content suppliers, including all visual interfaces, interactive features, graphics, design, compilations, computer code, software and all other elements and components of the site other than Third Party Content (collectively, “Our Content”). We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with Our Content and the site, which are protected by applicable national and international intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content in whole or in part.
Triumph Motorcycles and all related names, logos, products and service names, designs and slogans are trademarks of us or our affiliates or licensors. You may not use such marks without our prior written permission.
You agree not to remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.
9. INFRINGEMENT AND “TAKE-DOWN” POLICY
We take claims of copyright infringement seriously. We reserve the right, but do not have the obligation, to terminate your use of the site if we determine, in our sole and absolute discretion, that you are involved in any infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately deemed to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
The Digital Millennium Copyright Act, 17 U.S.C. Section 512, as amended (the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the site infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the site, you may request removal of those materials (or access thereto) from the site by submitting written notification to our Copyright Agent (designated below). To comply with the DMCA, your written notice must include the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
These requirements must be followed to give us legally sufficient notice of infringement.
We strongly suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA. For example, if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any Content you submit, post to, or transmit through the site, your use of the site, your violation of these Terms or your violation of any rights of any third party.
11. DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SITE OR FROM ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. CERTAIN STATE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of Georgia (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terns, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the City of Newnan, State of Georgia.
15. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these Terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
16. OTHER TERMS
If any provision of these Terms is held to be unenforceable, this holding will not affect the validity of the other provisions.
These Terms are for the benefit of us, our subsidiaries, affiliates and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Our failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
We may assign our rights and duties under these Terms to any party at any time without notice to you.
We reserve the right in our sole discretion to terminate or restrict your use of all or any part of the site out notice, for any or no reason, and without liability to you or anyone else. The provisions of these Terms under the headings Posting of Content by Users, Acceptable Use Policy, Third Party Content, Monitoring and Enforcement, Links to Other Web Sites, Intellectual Property, Infringement Policy, Indemnity, Disclaimer of Warranties, Limitation of Liability, Governing Law and Choice of Forum, Injunctive Relief and Other Terms shall survive any termination.
Visitors may post product reviews, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead.
Triumph Motorcycles reserves the right (but not the obligation) to remove or edit such content. Product reviews will be approved before being released to the public Web site. Triumph Motorcycles takes no responsibility and assumes no liability for any content posted by you or any third party.