Welcome to MOTORCYCLE MIRACLES, L.L.C. WEBSITE ("referred to as Motorcycle Miracles"). By accessing and entering the Motorcycle Miracles web site, you agree to accept and to abide by the following terms and conditions.
1. You acknowledge that Motorcycle Miracles owns this Site and that the text, images, audio, video, trademarks, and logos ("Information") found on this Site, whether provided by Motorcycle Miracles independently or in conjunction with other parties, is copyrighted material belonging to Motorcycle Miracles and protected by applicable federal and state law, and governed as well by the terms and conditions of this Agreement. This Information may not be used without the express written permission of Motorcycle Miracles through its authorized representatives. Acknowledgement of the terms and conditions in association with a charity golf event listed on this Site constitutes a valid contract binding upon you as a visitor to this Site and/or as a participant of one or more of the listed events . You are permitted to download or copy the contents of this Site to a single computer for your personal, non-commercial use. Downloading or copying Information from this Site does not transfer any right, title or interest in the downloaded or copied material, and Motorcycle Miracles retains all ownership as well as intellectual property rights therein. Modification or use of the material within this Site for any purpose other than for personal use as set forth herein is strictly prohibited, and any such modification or use belongs exclusively to Motorcycle Miracles.
2. Although Motorcycle Miracles makes reasonable efforts to update this Site and to keep the Information on the Site current and accurate, it makes no representations or guarantees whatsoever as to the accuracy of any content or material contained on this Site. All content and materials on this Site are, to the fullest extent permissible under applicable law, provided "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. By entering this Site, you acknowledge that none of the parties involved in creating, producing, or delivering this Site, including but not limited to Motorcycle Miracles, its officers, Members, agents, affiliates, owners, contractors, or subsidiaries, is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses of any kind, resulting or arising in any way from the use or inability to use this Site, including without limitation, any damages or losses incurred as a result of downloading or copying material from this Site. You hereby release, indemnify, defend, and hold Motorcycle Miracles, its officers, Members, agents, affiliates, owners or subsidiaries harmless from and against all damages due to claims arising from or related to your access or use of this Site.
4. Motorcycle Miracles reserves the right to change, modify, alter or revise any of these terms and conditions, or any of the information contained on this Site, without further notice or obligation to you. By using this Site, you agree to be bound by any such changes or revisions. You should periodically review these terms and conditions, so that you may be aware of any changes or revisions. Failure to do so will not relieve you of the obligation to be bound by changes and revisions in these terms and conditions.
5. This Site may be linked to other sites. By accessing and using this Site, you agree that Motorcycle Miracles does not, directly or indirectly, indicate, imply, or grant any approval, sponsorship, endorsement, association or affiliation with the linked site. You further agree that Motorcycle Miracles is not responsible for the content of any site linked to this Site, or of any pages not part of this Site, specifically including but not limited to any linked sites or off-site pages containing any material or content that could be construed as obscene, pornographic, profane, or the use or distribution of which is in any way unlawful. Unless you obtain prior written authorization from Motorcycle Miracles, you may not create or establish any link between your own or a third-party web site and this Site.
6. At various locations on the Site, we may ask for your name, street address, city, state, zip code, or other information, for purposes of learning more about you and your interest in us. Also, your e-mail address and/or your domain name will be automatically recognized when you access this Site. You acknowledge that all information you provide to this Site is provided voluntarily, including your e-mail address and/or domain name. It is the intention of Motorcycle Miracles, that all information gathered through this Site remain confidential, and Motorcycle Miracles will use its best efforts to preserve this confidentiality except as may be deemed necessary or required to satisfy any law, regulation or governmental request, or otherwise required by our accounting or legal consultants. If you do not agree with any of the provisions of this paragraph 6, please do not use this Site under any circumstances.
7. You agree not to use the information contained in this Site for any purpose that is unlawful or prohibited by these terms of use. You will not use the Site in any manner that could damage, disable, overburden, or impair any Motorcycle Miracles server, or the network(s) connected to any other server, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available at this Site. You will be solely liable for any lawsuits, claims, proceeding, actions, harm and other liability, or any damages, losses, expenses, fees, judgments, awards, penalties, settlement amounts, fines or other costs resulting from your misuse of the Site, whether intentionally or not.
8. The use of this Site, including all rights and obligations arising under these terms and conditions, is governed in accordance with the laws of the State of Texas, United States of America, regardless of any conflict of law provisions. If you use this Site from other locations, you are responsible for compliance with any and all applicable state, local, federal or international laws. Any dispute arising under these terms and conditions will be resolved exclusively by the State and Federal courts of Collin County, Texas, United States of America, having appropriate jurisdiction.
9. Any legal notices regarding the Site should be sent to legal counsel for Motorcycle Miracles as follows: BLANSCET SUTHERLAND HOOPER & HALE, L.L.P., 14285 Midway Road, Suite 400, Addison, Texas 75001, ATTN: Gary W. Blanscet, Esq.