The following Terms and Conditions (the Terms) are a legal agreement between you, your employees, agents, representatives, contractors and any other entity on whose behalf you accept the Terms (collectively "You" or "Your"), and Monster Moto, LLC (Monster Moto) DBA Mega Moto. By accessing, browsing, or using any Monster Moto-provided website (collectively, this "Website"), You acknowledge that You have read, understood, and agree to be bound by the Terms and to comply with all applicable laws and regulations. If You do not agree to the Terms, You may not use this Website. Your use of this Website is subject to, and specifically conditioned upon, Your acceptance of the Terms. Monster Moto (DBA Mega Moto) reserves the right to update the Terms at any time without notice to You. Nothing in these Terms shall be construed or interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Copyrights and Trademarks
All material on this Website (including all software, text, displays, images and audio) is protected by law, including but not limited to United States copyright, trade secret and trademark law, as well as other state and national laws and regulations. The compilation of all materials on this Website is the exclusive property of Monster Moto (DBA Mega Moto) and protected by the copyright, trademark and other intellectual property laws of the United States. Any reproduction, distribution, copy, upload, republication, transmission, public performance or public display of these materials, in whole or in part, is prohibited without the express prior written permission of Monster Moto.
Monster Moto (DBA Mega Moto), and its associated logos, as well as any other marks identified in this Website as proprietary, are Monster Moto trademarks (“Monster Moto Marks”). You may not use any Monster Moto Mark without Monster Moto’s written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes.
Any person is hereby authorized to view the information available in this Website for information purposes only. No right, title or interest in any viewed, copied or downloaded content from this Website is transferred to You as a result of Your use of this Website. Monster Moto (DBA Mega Moto) owns and reserves all rights, title and interest in and to the intellectual property rights in any content You access on this Website. You are expressly prohibited from reproducing, distributing, transmitting, reusing, reporting or using the content of this Website for public or commercial purposes (including posting a link to this Website, or otherwise making such information available on a public forum). In no case may you create any kind of hyperlink to, or framing or public screenshot of, this Website without the prior written consent of Monster Moto (DBA Mega Moto). Monster Moto (DBA Mega Moto) may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice.
Information Submitted by You
Any information You submit through this Website shall be deemed non-confidential and non-proprietary. You represent and warrant that any information You have submitted or will submit has been, or will be, done lawfully with the legal right to do so.
Monster Moto (DBA Mega Moto) reserves the right, in its sole discretion, to terminate Your access to this Website or any portion thereof at any time, without notice.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing” or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Monster Moto (DBA Mega Moto) will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on the Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Monster Moto (DBA Mega Moto) on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
This Website may include links to other websites or content or resources. Monster Moto (DBA Mega Moto) may have no control over any websites or resources which are provided by companies or persons other than Monster Moto (DBA Mega Moto). THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF MONSTER MOTO AND MONSTER MOTO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FURTHER, MONSTER MOTO (DBA Mega Moto) IS NOT RESPONSIBLE FOR ANY CONTENT RECEIVED FROM ANY THIRD-PARTY SITE. MONSTER MOTO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY MONSTER MOTO’S ENDORSEMENT OF ANY SUCH SITE.
Monster Moto (DBA Mega Moto) has made every effort to display as accurately as possible the colors of its products that appear on this Website. However, as the actual colors you see will depend on your monitor, Monster Moto (DBA Mega Moto) cannot guarantee that your monitor’s display of any color will be accurate.
DISCLAIMER OF WARRANTY
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, DOCUMENTATION, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS" AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION OF, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS, OR SUITABILITY FOR ANY PARTICULAR PURPOSE (EVEN IF ON NOTICE OF SUCH PURPOSE), CUSTOM OR USAGE IN THE TRADE. WITHOUT LIMITATION, MONSTER MOTO (DBA MEGA MOTO) MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MONSTER MOTO (DBA MEGA MOTO) OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MONSTER MOTO (DBA MEGA MOTO) HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MONSTER MOTO (DBA MEGA MOTO) BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
The Terms constitute the whole legal agreement between You and Monster Moto (DBA MEGA MOTO) and govern Your use of this Website and completely replace any prior agreements between You and Monster Moto (DBA MEGA MOTO) in relation to this Website. You agree that if Monster Moto (DBA MEGA MOTO) does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Monster Moto (DBA MEGA MOTO) has the benefit of under any applicable law), this will not be taken to be a formal waiver of Monster Moto’s (DBA MEGA MOTO) rights and that those rights or remedies will still be available to Monster Moto (DBA MEGA MOTO). The remedies and legal rights set forth herein are in addition to, and shall not limit, any legal rights and remedies available to Monster Moto (DBA MEGA MOTO) under applicable law.
The information on this Website is provided for informational purposes only and does not create a business or joint venture relationship between You and Monster Moto (DBA MEGA MOTO).
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You agree to indemnify and hold harmless Monster Moto (DBA MEGA MOTO), its members, managers, representatives, affiliates, subsidiaries, officers and agents from and against any and all claims and expenses, including attorney’s fees, arising out of or related to your use of this Website, including but not limited to your violation of these Terms.
You acknowledge and agree that all Monster Moto (DBA MEGA MOTO) affiliates shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than as set forth in the preceding sentence, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and Your relationship with Monster Moto (DBA MEGA MOTO) under the Terms, shall be governed by the laws of the State of Texas irrespective of such State’s choice of law principles. You and Monster Moto (DBA MEGA MOTO) agree that the courts of the State of Texas, Travis County, and/or the U.S. District Court for the Western District of Texas, Austin Division, shall be the exclusive appropriate venues for actions relating to the Terms and hereby consent to the exclusive jurisdiction of such courts and waive any objection to personal jurisdiction or venue.
Monster Moto (DBA MEGA MOTO) reserves all rights not expressly granted under the Terms, and no other rights are granted under the Terms by implication or estoppel or otherwise.