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Terms
& Conditions
The use of the Scootworks.com
website (this "Website") and the sale of products and
services offered on this Website are governed by the terms and
conditions set forth below and all other disclaimers, guidelines,
policies and terms and conditions of sale appearing on this
Website (collectively, the "Terms and Conditions"). Your
use of this Website in any manner, whether browsing or making a
purchase, constitutes your acknowledgement that you have read the
Terms and Conditions and that you agree to follow and be bound by
them. Scootworks reserves the right to modify or change the Terms
and Conditions at any time without prior notice to you. Therefore,
we recommend that you please read them carefully each time you use
this Website.
LIABILITY NOTICE
The purchaser recognizes that any
modification or alteration to any motorcycle beyond the
manufacturers original specifications may increase the risk of
damage, injury or accident, and that they choose to do so of their
own free will. The purchaser hereby releases Scootworks from all
liabilities pertaining to the use of these products.
Scootworks makes, and you receive
no other implied warranty regarding products purchased from
Scootworks. Since we have no control over how, or by what methods
our products are installed, maintained or used, Scootworks shall
not be held responsible for damages to personal property or injury
due to the use of these products.
Any estimates of installation
times, or other associated costs that may be mentioned on our
website, by our customer service representatives or installation
instruction manuals are for informational purposes only. The
actual installation times, or costs that the purchaser might incur
to install or use our products will vary. The purchaser assumes
all responsibility for any associated costs that might arise from
the installation, maintenance, or use of our products.
MODIFICATION OF CONTENT
Scootworks attempts to ensure that the
Content on this Website is complete and current. Scootworks does
not guarantee that the information contained on this Website will
not contain errors, inaccuracies or omissions. Such errors,
inaccuracies or omissions may relate to price or to product
description or availability. Scootworks reserves the right to
correct any error, inaccuracy or omission or to change pricing or
update the Content of this website without prior notice to you.
Further, Scootworks reserves the right to refuse or cancel any
orders containing any error, inaccuracy or omission, whether or
not the order has been submitted, confirmed and/or your credit
card has been charged. If your credit card has been charged for
the purchase and your order is canceled, Scootworks shall promptly
issue a credit to your credit card.
DISCLAIMERS
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY
ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED
"AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK.
SCOOTWORKS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES
AND LIABILITIES OF SCOOTWORKS, WHETHER EXPRESS OR IMPLIED, ARISING
BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND
ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY:
(A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND
(C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE
FOREGOING, YOU ACKNOWLEDGE THAT SCOOTWORKS DOES NOT REPRESENT OR
WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION
OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE
AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS
OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SCOOTWORKS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR
COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING
ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR
THROUGH THIS WEBSITE. SCOOTWORKS DOES NOT MAKE ANY REPRESENTATION
THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN
LOCATIONS OUTSIDE OF THE UNITED STATES.
USAGE RESTRICTIONS
The entire contents of this site are copyrighted under United
States law and protected by worldwide copyright laws and treaty
provisions. Materials from the www.scootworks.com Website may not
be copied, distributed or transmitted in any way without prior
written consent of Scootworks, Inc.
You may access and view the Content (as defined below) appearing
on this Website for personal, non-commercial use only. You may
download and/or copy certain portions of the Content for personal,
non-commercial use only, provided that you (a) retain all
copyright, trademark or other proprietary notices contained on the
Content, (b) do not modify or alter the Content in any way and (c)
do not make the Content available to any third party. Scootworks
reserves complete title and full intellectual property rights in
any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The
following activities are strictly prohibited: (i) misrepresenting
the identity of a user; (ii) tampering with this Website; and
(iii) conducting fraudulent activities.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SCOOTWORKS, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE
LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR
ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES)
ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE,
OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE,
EVEN IF SCOOTWORKS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS
WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.
IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN SCOOTWORKS TOTAL LIABILITY TO
YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
ENFORCEMENT
By accessing and using this Website, you agree that your access
and use of this Website is subject to the Terms and Conditions,
and all applicable laws, as governed by the laws of the State of
North Carolina, without giving effect to any principles or
conflicts of laws.
MISCELLANEOUS
The Terms and Conditions constitute the entire agreement between
you and Scootworks with respect to this Website. The Terms and
Conditions supercede all prior or contemporaneous communications
and proposals, whether electronic, oral or written between you and
Scootworks with respect to this Website. No modification of the
Terms and Conditions shall be effective unless it is authorized by
Scootworks. If any provision of the Terms and Conditions is found
to be contrary to law, then such provision(s) shall be constructed
in a manner to closely reflect, as much as possible, the
intentions of the parties, with the other provisions remaining in
full force and effect.
©1998 & Beyond;
Scootworks, Inc. All Rights Reserved
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