Use of this website means you agree with the following user agreement:
1. License. Subject to these terms and conditions, Powersports Data Solutions LLC (“Powersports Data Solutions”) grants you (“You”) a non-exclusive, non-transferable, non-sublicensable license (the “License”) to use certain Powersports data solutions(s) (the “Product”) which have been provided to You by Powersports Data Solutions. You acknowledge that, as between the parties, Powersports Data Solutions retains all rights, title and interest in the Product including without limitation all copyright and trademark rights. You acknowledge that the data constitutes valuable proprietary, confidential and trade secret information of Powersports Data Solutions .
2. Restrictions. The Product is to be used solely in connection with your professional use, and not in connection with the business of any other person, organization or any other commercial use. You must not: (i) directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Product; (ii) modify, translate, or create derivative works based on the Product; (iii) copy (except for archival purposes), rent, distribute, assign, or otherwise transfer rights to the Product; (iv) use, or make available for use, the Product either on a wide area network or for off-site access without prior, express, written approval from Powersports Data Solutions and payment of the then in effect fees for such use; (v) access the Product on more computers, workstations, or “nodes” over the number authorized in your Service Agreement; or (vi) remove any proprietary notices or labels on the Product.
3. Reproduction. You may view, reproduce and/or print insignificant portions of materials retrieved only from the Products provided (a) the materials are used only for informational, non-commercial purposes and (b) You do not remove or obscure the copyright notices or any other notices. No part of the Product including, but not limited to, materials retrieved therefrom and the underlying code, may be reproduced, re-published, copied, transmitted or otherwise distributed in any form or by any means. In no event shall materials from the Product be stored in any information storage and/or retrieval system without the prior written permission of Powersports Data Solutions LLC.
4. Taxes. Any fees or taxes, which result from Your acquisition of use of the Product shall be paid by You. In the event Powersports Data Solutions LLC must make such payments, You shall reimburse Powersports Data Solutions LLC for all such payments.
5. Limited Warranty POWERSPORTS DATA SOLUTIONS LLC HEREBY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. POWERSPORTS DATA SOLUTIONS LLC MAKES NO WARRANTY WHATSOEVER THAT ANY PRODUCT IS CORRECT. POWERSPROTS DATA SOLUTIONS LLC DOES NOT WARRANT THAT YOUR USE OF THE PRODUCT WILL BE UNINTERUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Data Accuracy and/or Completeness. You acknowledge that POWERSPORTS DATA SOLUTIONS LLC does not warrant that the data or information is accurate or complete. POWERSPORTS DATA SOLUTIONS LLC will make its best effort to provide accurate and complete data; but the volume of information compiled and the variety of sources from which the information comes makes it impossible to warrant accuracy or completeness of any kind. IN NO EVENT WILL POWERSPORTS DATA SOLUTIONS LLC BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED WHETHER BY NEGLIGENCE OR OTHERWISE.
7. Limitation of Liability. You acknowledge and understand that this PRODUCT is researched from third party information and that its availability is beyond POWERSPORTS DATA SOLUTIONS LLC control. In the event the Product is defective, then POWERSPORTS DATA SOLUTIONS LLC shall replace or correct the defective Product. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, POWERSPORTS DATA SOLUTIONS LLC TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE AMOUNT POWERSPORTS DATA SOLUTIONS LLC RECEIVED FOR THE PRODUCT FROM YOU. POWERSPORTS DATA SOLUTIONS LLC AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF POWERSPORTS DATA SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, POWERSPORTS DATA SOLUTIONS LLC WILL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES OR DAMAGES TO YOUR OR ANY OTHER VEHICLES WHICH RESULT FROM OR ARE RELATED TO YOUR USE OF THE PRODUCT. IN ADDITION, You acknowledge that it is your responsibility to seek legal counsel to inform yourself of and conform to all legal requirements regarding your business or personal use of this Product. POWERSPORTS DATA SOLUTIONS LLC SHALL NOT BE LIABLE FOR ANY LEGAL INSUFFICIENCY REGARDING THE PRODUCT OR YOUR USE OF THE PRODUCT AND DOES NOT REPRESENT THAT THE PRODUCT IS LEGALLY SUFFICIENT IN ALL 50 STATES OR EVERY NATION THAT THE PRODUCTS ARE DISTRIBUTED INTO. It is Your responsibility to ensure internet service through an independent Internet Service Provider (“ISP”) for any online access to any of the Products or Data. POWERSPORTS DATA SOLUTIONS LLC SHALL NOT BE LIABLE FOR ANY LACK OF SERVICE, CACHING OF DATA, OR RESPONSE TIME DELAYS ATTRIBUTED TO Your ISPs. YOU ACKNOWLEDGE THAT THE PRODUCT MAY CONTAIN PROGRAMS (INCLUDING COOKIES) PLACED ON YOUR COMPUTER THAT CONNECT TO THE INTERNET IN ORDER TO ENHANCE OR ACTIVATE SECURITY AND PROVIDE THE PRODUCT SERVICES TO YOU AND YOU AUTHORIZE POWERSPORTS DATA SOLUTIONS TO DO SO TO THE EXTENT THAT ALL INFORMATION WILL BE USED ONLY BY POWERSPORTS DATA SOLUTIONS LLC AND ITS PARENT COMPANY AND AFFILIATES FOR PRODUCT AND SERVICE IMPROVEMENTS AND NOT MADE COMMERCIALLY AVAILABLE TO THIRD PARTIES.
8. Goverment Matters. Use of this PRODUCT notes your acceptance and agreement to abide by the laws and regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. You agree to abide by The Digital Millennium Copyright Act of 1998 and any ammendments to it.
9. Indemnity. You will indemnify and hold Powersports Data Solutions LLC harmless from any damages, liability and losses, and defend Powersports Data Solutions LLC against any action brought against Powersports Data Solutions LLC , arising out of or in connection with Your use, copying and distribution of the Product in violation of this Agreement, provided Powersports Data Solutions LLC notifies You of such claim, suit or proceeding and gives You reasonable assistance in the defense thereof. You will pay all damages, costs, losses, and expenses arising from such claim, suit, or other proceeding.
10. Termination. This license shall automatically terminate upon any material breach of the terms of this Agreement. Material breaches shall include, but not be limited to, the breach of any of the terms and conditions set forth herein.
11. Miscellaneous. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. This Agreement is not assignable, transferable, or sublicensable by You. This Agreement will be governed by the laws of the state of North Carolina without regard to the conflict of laws provisions thereof. Service Manager Pro LLC and You hereby waive your right to a jury trial. Both parties agree that the federal, state and local courts of Mecklenburg County, North Carolina, shall have sole and exclusive jurisdiction over any matter arising from these terms and conditions and/or the license granted hereunder. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous agreements, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. You acknowledge that You have not entered into this agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically stated herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Powersports Data Solutions LLC in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement must be in writing.
13. These terms and conditions may be changed by Powersports Data Solutions LLC Continued use of the Product constitutes your acceptance of any changes made by Powersports Data Solutions LLC to these terms and conditions as they may be modified from time.
14) Cancellation Policy. Subscribers can cancel at any time. Powersports Data Solutions does not prorate any subscription fees.
15) Free Trial Policy. We offer a 30 day free trial to our system any user that signs up for more than one free trial is agreeing to be billed for one month of service at the current monthly service rate.
16) Service Agreement. Subscribers are allowed to access the product from ONE PHYSICAL address. Accessing the product from more than one physical address is a breach of the terms and conditions. User agrees that if their account is accessed from more than one location the user is responsible for paying the current monthly charges for every month the product is licensed for or accessed whichever is greater. If there is a breach of these terms and conditions based on an account sharing violation then access to the product will not be granted until all bills are paid in full.
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