This User Agreement (the "Agreement") helps to promote trust between you and
SportbikeClassifieds.com - a website owned and operated by Riding Arts ("Riding Arts").
These Terms and Conditions extend to the use of any other sister site of
SportbikeClassifieds.com operated by Riding Arts, including, but not limited to:
Cruiser-Classifieds.com, Dirtbike-Classifieds.com, Dualsport-Classifieds.com,
MotoGear-Classifieds.com, Racebike-Classifieds.com, Scooter-Classifieds.com.com,
etc. (the "Site(s)").
When accessing the pages or the information contained on the Site(s)(s), or by
using Riding Arts' services (the "Services") in any manner, you must adhere to
the terms of this Agreement. When using particular Riding Arts Services, you may
also be subject to additional guidelines or rules, of which users may be notified
of from time to time via online announcements or other means of communication.
In addition, if you arrive at our Site through any of our partners' or affiliates'
web sites, you may also be subject to the terms and conditions of the referring
web site. All such guidelines and rules are hereby incorporated by reference
into this Agreement. If you do not agree to the terms of this Agreement, please
exit the Site(s) immediately, and cease all use of our Services.
You may review a current version of this Agreement at any time by clicking on the
terms & conditions link at the bottom of any page of this Site.
Thank you for using SportbikeClassifieds.com
Modifications of Terms: We reserve the right to make changes to this Agreement,
or the guidelines or rules incorporated herein, at any time, and will notify you
of any such changes by posting a notice online. In addition, we may notify you
directly (via email) of such changes. Your continued use of our Site will signify
your acceptance of any revised terms to this Agreement. Therefore, you should
regularly visit the Site(s) Usage Agreement page to make yourself familiar with
our current Agreement. This Agreement may not otherwise be amended, except in writing,
by both you and Riding Arts Unless otherwise stated, all amended terms to this
Agreement shall be effective immediately once notice of those changes are posted
on the Announcement Board.
Fees and Services: Viewing items on SportbikeClassifieds.com is free. We do charge
fees for listing items for sale through our Site. When you list an item, you have
an opportunity to review and accept the fees that you will be charged. Our Fees
and Refund Policies are available and are incorporated into this Agreement by
reference. We may change our Fees and Refund Policies and the fees for our services
from time to time. Our changes to the policies are effective after we provide you
with at least fourteen (14) days notice of the changes by posting the changes on
the Site(s). However, we may choose to temporarily change our Fees and Refund Policy
and the fees for our services for promotional events (for example, free listing days)
and such changes are effective when we post the temporary promotional event on the Site(s).
We may in our sole discretion change some or all of our services at any time. In the
event we introduce a new service, the fees for that service are effective at the launch
of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees associated with using our service and the Site(s) and
all applicable taxes.
Membership / Access Eligibility: Our Services are available only to, and may be used
only by, individuals who can form legally binding contracts under applicable law.
Without limiting the foregoing, our Services are not available to children (persons
under the age of 18) unless their use of our Services is in conjunction with and under
the supervision of a parent or legal guardian. Further, our Services are not available
to any person whose SportbikeClassifieds.com user account has been suspended (temporarily
or indefinitely) or permanently terminated. If you do not qualify, please do not use our Site.
If you are using the Site(s) or our Services on behalf of a business entity, you
represent that you have the authority to bind the entity to this Agreement. You
agree that Riding Arts may, under certain circumstances and without prior notice,
immediately terminate your user account, and your access to our Services. Cause for
termination shall include, but not be limited to, (a) breach of this Agreement or
other guidelines or rules incorporated herein, (b) request by law enforcement or other
government agencies, (c) request by you, (d) discontinuance or material modification
to our Services (or any part thereof), (e) unexpected technical or security issues
or problems, and (f) extended periods of inactivity. You agree that any termination
shall be at Riding Arts' sole discretion, and that Riding Arts shall not be liable
to you or any third-party for any termination of Your Account or your access to our
Registration / Your Account: You may browse the Site(s) for free and without
registering. However, you must register as a member ("Registration") to post an
ad listing on our Site, or to sign up for buyer alerts. During Registration you
will be asked to create an account consisting of a Member ID and Password ("Your
Account") to identify yourself in future visits to the Site(s). You will be asked
to provide information such as your name, address, telephone number, email address,
city, state, zip code and credit card or bank account number(s). All of the
information that you provide during Registration is collected according to the terms
your Member ID and Password and you agree to accept responsibility for all activities
that occur under Your Account. You may not transfer, assign or sell Your Account
(including rating and feedback) to any third party.
PLEASE NOTE: You must provide accurate and current information to us.
If you provide any information that is false, misleading, inaccurate, not current or
incomplete during Registration or otherwise, Riding Arts may suspend (temporarily
or indefinitely) or permanently terminate Your Account and refuse any and all
current or future use of the Site(s) and our Services (or any portion thereof).
Without limiting any other remedies, Riding Arts has the right to suspend (temporarily
or indefinitely) or permanently terminate Your Account if we suspect that you have
engaged in any fraudulent activity through the Site(s).
Ownership of Data: Riding Arts takes privacy seriously and your personal information
is never shared with third parties. If you registered for Riding Arts service through
a co-brand web site, then your information may be shared with that co-brand partner
for audit purposes. Co-brand partners may contact you in regards to their services,
subject to the terms and conditions of their company's privacy policies and user agreement.
SportbikeClassifieds.com is a Venue.
Riding Arts is not an Auctioneer. Although we may be referred to as an online
classified web site, it is important to realize that we are not a traditional
"auctioneer." Instead, the Site(s) acts as a venue to allow anyone to offer,
sell, and buy just about anything Motorcycle related, at anytime, from anywhere,
in a variety of pricing formats, including a fixed price format. We are not
involved in the actual transaction between buyers and sellers. As a result, we
have no control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell items or
the ability of buyers to pay for items. We cannot ensure that a buyer or seller
will actually complete a transaction. Consequently, we do not transfer legal
ownership of items from the seller to the buyer, and nothing in this agreement
shall modify the governing provisions of Ca. Com. Code Sec. 2401(2) and Uniform
Com. Code Sec. 2-401(2), under which legal ownership of an item is transferred
upon physical delivery of the item to the buyer by the seller.
Identity Verification. We use many techniques to verify the accuracy of the
information our users provide us when they register on the Site(s). However,
because user verification on the Internet is difficult, Riding Arts cannot and
does not confirm each user's purported identity. Thus, we will take into consideration
user feedback about other users. We also encourage you to communicate directly with
potential trading partners, if not in person, then at least by telephone prior to
committing to a purchase or sale. You may also wish to consider using a third party
escrow service or services that provide additional user verification.
Release. Because we are a venue, in the event that you have a dispute with one
or more users, you release Riding Arts (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive California
Civil Code Sec. 1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially affected
his settlement with the debtor."
Information Control. We do not control the information provided by other users
that is made available through our system. You may find other user's information
to be offensive, harmful, inaccurate, or deceptive. Please use caution, common
sense, and practice safe trading when using the Site(s). Please note that there
are also risks of dealing with underage persons or people acting under false
pretense. Additionally, there may also be risks dealing with international trade
and foreign nationals. By using this Site, you agree to accept such risks and
Riding Arts is not responsible for the acts or omissions of users on the Site(s).
Safe Trading: Because user authentication on the Internet is difficult, Riding Arts
cannot and does not confirm each user's purported identity. We therefore encourage
you to take all steps you believe are appropriate (including, where possible, meeting
in person) to confirm the accuracy of any listing posted on the Site(s), and the
identify of any buyer or seller with whom you deal.
Selling / Listing: You must have the legal authority to sell, or provide the goods
and services that you are listing on our Site. You must accurately describe your
item and all terms of transaction in your listing. If another user buys your item,
and you as a Seller agree to sell the item to the Buyer for the agreed-upon amount,
you are legally obligated to complete the transaction unless (i) the transaction
is prohibited by law or this Agreement, (ii) the buyer materially modifies the
terms and conditions of his or her offer, or (iii) a typographical error exists
in the listing information which materially affects the terms of sale. You are
also responsible for payment of all Riding Arts Site fees. Any listed item which
is an imitation, replica, or facsimile must use the terms "imitation" or "replica"
in both the title and description of the listing. Your listing title and description
should never confuse buyers as to the authenticity of the item listed. In addition,
if your item is pictured with a trademarked logo, it must be produced by that
company. Images of authentic items are not permitted when selling replicas. Your
pictures must be of the item you are selling. In short, be honest about the
nature of the goods you are selling, and make sure your listing title is not
confusing to buyers.
Buying: As a buyer, you are obligated to complete the transaction with the seller:
Listing Description. You must be legally able to sell the item(s) you list for
sale on the Site(s). You must describe your item and all terms of sale on the
listing page of the Site(s). Your listings may only include text descriptions,
graphics, pictures and other content relevant to the sale of that item. All
listed items must be listed in an appropriate category. All items in multiple
item listings must be identical.
Fraud. Without limiting any other remedies, Riding Arts may suspend or terminate
your account if we suspect that you (by conviction, settlement, insurance or
escrow investigation, or otherwise) have engaged in fraudulent activity in connection
with the Site(s).
Buyer Contacting a Seller or Lister: As a potential buyer, you agree to contact the
seller or lister on our Site only if you are interested in the listing. You agree
not to contact the lister for any other reason including to conduct any spam or
Definition. "Your Information" is defined as any information you provide to us
or other users in the registration or listing process, in any public message
area, or through any email feature. You are solely responsible for Your
Information, and we act as a passive conduit for your online distribution
and publication of Your Information.
Restricted Activities. Your Information (or any items listed) and your
activities on the Site(s) shall not: (a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but
not limited to, those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising); (e) be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (f) contain
any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or
other computer programming routines that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal
information; (g) create liability for Riding Arts or cause us to lose (in
whole or in part) the services of our ISPs or other suppliers; and (h) link
directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement; (bb) are identical to other items you
have up for auction but are priced lower than your item's reserve or minimum
bid amount; (cc) you do not have a right to link to or include. Furthermore,
you may not list any item on the Site(s) (or consummate any transaction
that was initiated using our service) that, by paying to us the listing fee
or the final value fee, could cause us to violate any applicable law, statute,
ordinance or regulation.
License. Solely to enable Riding Arts to use the information you supply us with,
so that we are not violating any rights you might have in that information, you
agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright, publicity,
and database rights (but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your Information. Riding
Limited License: You agree to grant and hereby do grant Riding Arts a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple
tiers) right and license to exercise all copyright, publicity and database rights
you have, in any existing or future media, known or unknown, in your User
Information, provided, however, that the Sportbike Classifieds L.LL.C. Will
Use Restrictions: Our Site and Services may be used only for lawful purposes.
You may not use the Site(s) or our Services to transmit, post, distribute or
store any material or conduct any activities in violation of any applicable
local, state, provincial, federal or foreign law or regulation. This includes without
limitation any unauthorized use or distribution of material protected by patent,
copyright, trademark or other intellectual property right, or the sale or
distribution of material that is obscene, defamatory or libelous, constitutes an
illegal threat, violates rights of privacy or publicity or violates export control
laws. You agree to comply with any applicable laws, statutes, ordinances and
regulations in your use of the Site(s) and our Services. You agree not to use
the Site(s) or our Services in any manner that violates, or proposes a transaction,
which, if consummated, would violate any law, statute, ordinance or regulation,
expose Riding Arts to civil or criminal liability, or violate this Agreement.
You agree that you are solely responsible for obtaining all necessary licenses
and permissions necessary for your transactions and for verifying that other
Site users with whom you transact do the same. You agree that you will not use
any information gained from the Site(s) or our Services, including without limitation
information you learn about any buyer, seller or other users, for any purpose not
necessary to complete transactions on our Site.
Listing Restrictions: Riding Arts prohibits the listing or sale of any item that
is illegal to sell under any applicable law, statute, ordinance, or regulation.
It is your responsibility to sell only legal goods and services and you must make
sure that what you list for sale on the Site(s) is legal and conforms to all the
legal requirements of your local, state, provincial, federal or foreign law and
regulations. Items prohibited or restricted for posting on SportbikeClassifieds.com
include but are not limited to:
Riding Arts prohibits the listing of any adult-oriented products or services, or
listings, which solicit directly or indirectly sexually oriented services, or
sexually explicit content.
- Academic, Beta or OEM Software
- Copyright or Trademark-Sensitive Goods
- Counterfeit or Knock-Off Goods (including currency & stamps)
- Fireworks, Explosives, & Hazardous Materials
- Gambling Items
- Goods Made From Protected Animal/Plant Species
- Government IDs
- Hacking/Surveillance/Interception/Descrambling Equipment
- Human Parts, Bodily Fluids & Human Remains
- Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances
- Individual Contracts or Non-Transferable Items
- Items Subject to Embargo
- Offensive Material (items that promote hatred, violence, racism, or intolerance)
- Police-Related Items
- Prescription/OTC Drugs & Medical Devices
- Recalled Items
- Stocks, Bonds & Securities
- Stolen Property or Items Used For Theft
- Weapons & Ammunition
- The sale of alcohol to persons not of lawful age
- The sale of tobacco products to persons not of lawful age
Content Policy: You agree not to post any Offensive Content on the Site(s) or post
any links or URL's (web addresses) to sites containing Offensive Content. "Offensive
Content" includes, without limitation, words, images, sounds or other content
which: (i) is profane, obscene or involves child pornography; (ii) denigrates a
class of people because of their race, religion, country of origin, sexual
orientation or gender; (iii) depicts violent or criminal acts, perpetrators or
victims of violence or crime, or seeks to incite violence or crime; (iv)
relates or pertains to any "hate group," i.e., groups that are organized in part
to promote the oppression of or assert the supremacy of any class of people;
or (v) contains defamatory or libelous statements or unlawfully disparaging
remarks or threats.
Screening: Riding Arts may employ automated filters and/or manual reviews to
screen listings and content, either before those listings and/or content are
posted on the Site(s) or at any time thereafter. In the event that Riding Arts,
in its sole discretion, determines that any listing offers for sale any illegal
item or service, that any content is Offensive Content, or that any listing or
content is otherwise objectionable, Riding Arts may refuse to post such listing or
content, or may remove such listing or content from the Site(s). Further,
Riding Arts may suspend (temporarily or indefinitely) or permanently terminate Your
Account due to improper listings or posts. Listings appear on the Site(s) at
the sole discretion of Riding Arts. Any listing deemed to be spam, mis-representation,
or of a nature irrelevant to the spirit and purpose of the Site(s)(s), is subject to
removal. It is User's responsibility to post listings which are relevant and legal.
Intellectual Property and Rights of Publicity: You agree not to use the Site(s) in
any manner of which violates, or proposes a transaction of which, if consummated,
would violate the trademark, copyright, patent, trade secret, trade dress, publicity
or privacy rights or other proprietary rights of Riding Arts or any third party. You
agree not to link to any third party's web site or file on that web site without that
party's permission. You agree that you will not use any automatic or manual process
to monitor or copy any portion of the Site(s) without Riding Arts prior written permission.
Notice and Procedure for Making Claims of Infringement: If you believe that your work
has been copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide Riding Arts Copyright Agent
the following information:
Riding Arts Copyright Agent for notice of copyright or other intellectual property infringement can
be reached as follows:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site(s);
- your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
c/o Riding Arts
1215 Windy Knoll Drive
Woodstock, Georgia 30188
Breach: Without limiting other remedies, we may limit your activity, immediately remove your
listings, bids and/or posts, warn our community members or specific users within our
community of your actions, temporarily suspend, indefinitely suspend or terminate Your Account
and refuse to provide our Services to you if: (a) you breach this Agreement or the
guidelines or rules it incorporates by reference; (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 Riding Arts
Release: You agree that Riding Arts is not a party to any negotiations or transactions
between the buyers and sellers who use its Site. In the event that you have a dispute
with one or more users arising from any communications, negotiations, transactions,
or other activities conducted or initiated through the Site(s) or our Services, you
release Riding Arts and (as applicable) its officers, directors, employees, agents,
parents, members, subsidiaries, partners and affiliates from claims, demands, and
damages (actual and consequential) of every kind and nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive California Civil Code
Section 1542, which says: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing this
release, which if known by him must have materially affected his settlement with the debtor."
DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF the Site(s) AND OUR SERVICES IS AT
YOUR SOLE RISK. the Site(s) AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"
AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIVEDEAL EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF the Site(s) OR SERVICES.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you.
Riding Arts MAKES NO WARRANTY THAT the Site(s) OR OUR SERVICES WILL SATISFY YOUR
REQUIREMENTS, OR THAT THE AVAILABILITY OF the Site(s) OR OUR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES Riding Arts MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF the Site(s) OR OUR SERVICES OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM the Site(s) OR OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR
SERVICES THROUGH the Site(s) OR OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Riding Arts OR
THROUGH OR FROM the Site(s) OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
LIMITATION OF LIABILITY: IN NO EVENT SHALL Riding Arts OR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PARENTS, MEMBERS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR
THIS AGREEMENT, (II) THE RECEIPT OR LOSS OF DATA, INFORMATION OR MESSAGES TRANSMITTED
THROUGH the Site(s) OR OUR SERVICES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM the
Site(s) OR OUR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR INFORMATION, EVEN IF LIVEDEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. IN NO EVENT SHALL Riding Arts BE LIABLE FOR ANY DAMAGES WHATSOEVER
RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION
OR TERMINATION OF the Site(s) OR OUR SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
IN NO EVENT SHALL Riding Arts' TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR VALUE OF THE
ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow
the limitation or exclusion of warranties or of liability for incidental or
consequential damages so some of the foregoing above may not apply to you.
Indemnity: You agree to defend, indemnify and hold Riding Arts and (as applicable)
its officers, directors, employees, agents, parents, members, subsidiaries, partners
and affiliates harmless from and against any and all claims made by or liabilities
to any third party resulting from any activities conducted under Your Account, your
use or misuse of the Site(s) or our Services, including, but not limited to,
posting content on the Site(s), entering into transactions with other Site
users, contacting others as a result of their posting(s) on the Site(s),
infringing a third party's intellectual property or other rights, failing to
deliver goods or payment to other Site users or otherwise arising out of your
breach of this Agreement.
Notice: Any notices given pursuant to this Agreement that are directed to Riding
Arts shall be given by postal mail to: Riding Arts, 1215 Windy Knoll Rd, Woodstock,
GA 30188, Attn: Legal. Any notice from Riding Arts that is directed to you shall
be delivered to the mailing address or email address you provided us at the time
of Registration, or as you may update that information from time to time. Notice
shall be deemed given twenty-four, (24), hours after email is sent or, in the case
of notice sent via postal mail, three (3) business days after the date of mailing.
Riding Arts may also give notice of changes to this Agreement or other matters
related to Riding Arts by displaying notices on our Announcement Board.
Language: It is the express intent of the parties that this Agreement and any related
documents be drawn up and executed in the English language.
General: This Agreement shall be governed by and construed in accordance with the
laws of the State of Georgia, without regard to its conflict of laws principles, as
if formed by and between Georgia residents. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply to this Agreement.
You and Riding Arts agree to submit to the personal and exclusive jurisdiction of
the courts located within the County of Cherokee, Georgia. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or extent
of any section of this Agreement. If any part of this Agreement is deemed invalid or
void, that part of the Agreement shall be deemed severable and shall not affect the
validity or enforceability of any of the remaining conditions. Riding Arts' 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. You and Riding Arts are independent
contractors. No agency, partnership, joint venture, employer-employee or
franchiser-franchisee relationship is intended or created by this Agreement.
You agree that, except as expressly provided herein, there shall be no third party
beneficiaries to this Agreement. Sections 2 (Fees and Charges), 12 (Limited License),
19 (Notice and Procedure for Making Claims of Infringement), 21 (Release),
22 (Disclaimer of Warranties), 22 (Limitation of Liability), 24 (Indemnity),
24 (Notice) and 26 (General) shall survive any expiration or termination of
Additional Terms: The following policies are incorporated herein by reference:
- Our Fee Policy is available on the Pricing page. We may change our Fee Policy from time to time and our changes are effective after we provide notice of the changes by posting such notice on the Pricing page.
Riding Arts, LLC