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Terms

MotoChic Gear Terms of Use

Please read carefully. The following agreement (the “Terms of Use”) sets out the terms and conditions under which you may access and utilize motochicgear.com (the “Website”). By accessing and using the Website, you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

Scope of Terms

These Terms of Use are applicable to the Website as well as any online products, services, blogs, sharing sites and other content, offerings or resources made available to you via the Website. We reserve the right to update or modify these Terms of Use at any time without prior notice. For this reason, we encourage you to review these Terms of Use whenever you use the Website.

Privacy

Your privacy is important to us. Please read MotoChic Gear’s Online Privacy Policy carefully for information relating to MotoChic Gear’s collection and use of personal information. Our Online Privacy Policy is incorporated into these Terms of Use by this reference. You can find our Online Privacy Policy at www.motochicgear.com/privacy.

Online Store

The Website may enable online purchases via a third party payment processor. Your use of the online store to purchase MotoChic Gear products will require a credit card or PayPal account, and may be subject to additional terms and conditions of any third party payment processor.

Accounts: When making an online purchase you may be permitted to create an account. To create an account, you must be at least eighteen (18) years of age or otherwise have reached the age of majority in the jurisdiction in which you live, and have a valid email address. An account may require creation of a “user name” or allow you to log in via Facebook or other third party site. You are solely responsible for maintaining the confidentiality of your password and for all activity on your account. Your account may be terminated if someone else uses it to engage in activity that violates these Terms of Use or is otherwise improper or illegal. You have the right to review and modify the information that MotoChic Gear collects from you in connection with your account, and to delete your account at any time. Your user name and password are only required when logging on to your account. MotoChic Gear will never ask you for your personal details, user name or passwords via public forums or email.

Orders and Changes: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card, and/or order using the same billing or shipping addresses. In the event we make a change or cancel an order, we will attempt to notify you by contacting the email address, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that in our sole judgment appear to be placed by dealers, resellers or distributors. Changes to an order once placed will only be recognized, and are only valid, if MotoChic Gear confirms such changes via email. Prices on the Website are in U.S. Dollars.

Delivery: Delivery dates are estimates only. The actual delivery date will be subject to applicable third party courier or mail service.

Returns: Any returns are subject to our return policy posted on the Website. The risk form damage or loss of returned products remains with the buyer until receipt is confirmed by MotoChic Gear. Refunds will be credited within thirty (30) days of MotoChic Gear’s receipt of the returned goods.

Website Content: Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled or licensed by MotoChic Gear. The Website and Content are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Website. Unless otherwise specified, the Website and Content are intended to promote MotoChic Gear’s products and services available in the United States.

Errors, Inaccuracies, and Omissions: Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

Colors: We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Disclaimer

The materials on the Website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. MotoChic Gear expressly disclaims any duty to update or revise the materials on the Website, although MotoChic Gear may modify the materials at any time without notice. Your use of the Website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. MotoChic Gear shall not be liable for any damages of any kind related to your use of the Website.

Indemnification

You agree to defend, indemnify and hold MotoChic Gear harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of these Terms of Use.

General

Changes: MotoChic Gear reserves the right, at any time in our sole discretion, to modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any service, content, feature or product offered through the Website.

Links to Other Web Sites and Services: The Sites may contain links to other Web sites that are not under the control of MotoChic Gear. MotoChic Gear has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites’ users.

Force Majeure: MotoChic Gear shall be liable for acts beyond its reasonable control including, but not limited to, acts of God, or public enemy, the acts or failure to act of any governmental authority, acts of civil or military authority, labor disputes, fires, wars, embargoes, epidemics, floods, unusually severe weather, or shortage or absence of power (including primary power and failure of backup systems).

Entire Agreement: These Terms of Use constitute the entire agreement between you and MotoChic Gear regarding the subject matter hereof and govern your use of the Website. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software.

Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision to the extent allowable, and the other provisions of the Terms of Use remain in full force and effect.

Dispute Resolution: In an effort to reduce litigation, both you and MotoChic Gear agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of these Terms of Service (in whole or in part) (each a “Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by email and followed up by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and MotoChic Gear agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law: These Terms of Use shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by the state and/or federal courts of the State of California, County of Santa Clara and/or the Northern District of California.

Termination: These terms are effective unless and until terminated by either you or MotoChic Gear. You may terminate this Agreement at any time. MotoChic Gear also may terminate these Terms of Use at any time without notice, and accordingly may deny you access to the Website, if in our sole judgment you fail to comply with any term or provision of these Terms of Use. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Waiver: The failure of MotoChic Gear to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provisions of these Terms of Use will be effective only if in writing signed by an authorized MotoChic Gear representative.

Headings: The name of this Agreement and any headings or captions of the sections of this Agreement are for convenience only and do not define, limit or expand the scope or intent of any provision hereof and will not be of any effect in construing the meanings of the sections and subsections. The use of the singular or plural form shall include the other form and use of the masculine, feminine, or neuter gender shall include the other genders. Furthermore, the words “herein”, “hereunder”, “hereof” and similar terms refer to this entire Agreement and shall not be limited to the specific section in which they are used.

Special Notice to California Residents: Pursuant to Cal. Civil Code § 1789.3, California Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

Service Provider: The Website and any materials or services therein are provided by MotoChic Gear unless otherwise indicated. We can be contacted at [email protected].

Last updated: December 12, 2014