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Terms And Conditions, It is with great pleasure that the staff of Powersport Marketing Group, L.L.C. welcome you to our proprietary auction website, www.RPMSwap.com. By entering our website you are agreeing to the following Terms & Conditions while viewing, using or otherwise surfing www.RPMSwap.com and its services.Prior to becoming a member of www.RPMSwap.com you must read, understand and fully accept all of the Terms & Conditions listed herein. By agreeing to the Terms & Conditions you are stating that you clearly understand that Powersport Marketing Group, L.L.C. is merely providing an avenue for liquidating, via directly from the seller to buyer, recreational vehicles and related products. You certify and hold true that under no circumstance is Powersport Marketing Group, L.L.C. a direct agent for the buyer or seller and in no manner represents either party in the auction or subsequent sale transaction.This Agreement is effective starting as of April 1, 2008.I. Use of www.RPMSwap.com. By agreeing to these Terms & Conditions you are verifying that you will NOT: a. violate any local, State or Federal laws in your use of www.RPMSwap.com;
b. use any portion of www.RPMSwap.com if you are under the age of 18 or are not able to form legally binding contracts; c. refuse or fail to remit payment to the seller for an item you purchased through www.RPMSwap.com;
d. refuse or fail to provide an item(s) that were purchased from you through www.RPMSwap.com; e. attempt to influence the outcome of an auction on www.RPMSwap.com through deceptive or illegal practices such as Shill Bidding; f. attempt to alter or escape www.RPMSwap.com’s established fee structure; g. post any content that may be deemed offensive by the general public (including, but not limited to, pornography, Spam or other annoying or despicable material); h. post or link any materials that may contain viruses or technologies that may attempt to interrupt the functioning of www.RPMSwap.com’s users computer systems;
i. collect information, pictures or other data from www.RPMSwap.com without the expressed written consent of www.RPMSwap.com members II. Misuse of www.RPMSwap.com
Powersport Marketing Group, L.L.C. has established a feedback area on www.RPMSwap.com in order to police the introduction of fraudulent auctions to the website. Based upon critical postings on this feedback forum, the staff at www.RPMSwap.com will limit, suspend or terminate ANY user found to be participating in unethical or misleading auctions. Powersport Marketing Group, L.L.C. has a zero-tolerance policy regarding this matter. Powersport Marketing Group, L.L.C. reserves the right to review and investigate any claim made on the forum page and will, after careful deliberation and review of the facts, take appropriate actions to resolve the situation. The members and users of www.RPMSwap.com do acknowledge that Powersport Marketing Group, L.L.C. is only functioning as an arbitrator in these situations and has no direct responsibility, either morally or financially, in relation to the posting of a fraudulent auction by a www.RPMSwap.com member.
III. Amnesty Clause
If there is a situation whereby you, as a user of www.RPMSwap.com, are involved in a dispute/conflict over an auction, you do hereby release Powersport Marketing Group, L.L.C., its officers, directors, agents, subsidiaries and employees from any and all claims, demands and damages of every kind and nature, actual and consequential, known and unknown, that may arise out of said conflict. By agreeing to these Terms & Conditions you agree to hold Powersport Marketing Group, L.L.C., its officers, directors, agents, subsidiaries and employees, harmless against any legal claims related to your use of www.RPMSwap.com. Additionally, you agree to not hold Powersport Marketing Group, L.L.C. responsible for any www.RPMSwap.com users’ actions or inactions. You understand that www.RPMSwap.com is merely a venue that brings together buyers and sellers of recreational and related products and has no direct or indirect relationship to any transaction that may be initiated on www.RPMSwap.com. Powersport Marketing Group, L.L.C. or www.RPMSwap.com only provides an avenue that will allow you, as a buyer or as a seller, to offer, buy or sell recreational and related items. Powersport Marketing Group, L.L.C. is NOT (nor do we claim to represent involvement) involved in any of the actual transactions that take place between buyers and sellers. Powersport Marketing Group, L.L.C. does not warrant or guarantee the legality of items placed on www.RPMSwap.com, the quality of items placed on www.RPMSwap.com, the legitimacy or accuracy of any items listed on www.RPMSwap.com, the ability of a seller on www.RPMSwap.com to sell an item, the ability of a buyer on www.RPMSwap.com to purchase/pay for an item, or that a seller and a buyer will ultimately complete a transaction for an item on www.RPMSwap.com. Powersport Marketing Group, L.L.C. does NOT transfer legal ownership of any items purchased on www.RPMSwap.com. If in the rare event Powersport Marketing Group, L.L.C. is found to be liable in the resolution of a conflict between a buyer and seller, you hereby agree that our liability, to you or a third party, shall be limited to either (a) the total fees paid to Powersport Marketing Group, L.L.C. on the transaction that is the subject of the conflict or (b) $150.00 USD, whichever is greater. If you, as a buyer or seller, choose to have a dispute with one or more www.RPMSwap.com members, you hereby release and hold Powersport Marketing Group, L.L.C. harmless from any claims, demands and damages of every kind and nature, both known and unknown, that are related or connected with any such disputes.
V. www.RPMSwap.com Content License
Whenever you, as a member of www.RPMSwap.com, provide Powersport Marketing Group, L.L.C. with content, you grant Powersport Marketing Group, L.L.C. a non-exclusive, perpetual, worldwide, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. Powersport Marketing Group, L.L.C. must have these rights in order to host and display your content.
VI. Privacy Clause
Powersport Marketing Group, L.L.C. views the protection of our users’ privacy as being of the utmost importance. Powersport Marketing Group, L.L.C. will not sell, rent or give away your personal information to third parties for their marketing purposes without your explicit written consent. All of your personal data is housed in technologically secured devices and are monitored 24 hours a day. Your personal data is required in order to establish and account on www.RPMSwap.com so if you are uncomfortable providing such information please do not use our services.
VII. Payment Information
Payment to Powersport Marketing Group, L.L.C. for services rendered shall be made via our secure online merchant services system. Powersport Marketing Group, L.L.C. shall only accept the approved credit cards listed on the site. No other forms of payment to Powersport Marketing Group, L.L.C. shall be accepted. Powersport Marketing Group, L.L.C. has no involvement or liability in the collection of funds for items sold on www.RPMSwap.com. The buyer and seller shall assume all responsibility for collecting funds and providing items to buyer that have been purchased on www.RPMSwap.com. Powersport Marketing Group, L.L.C. encourages both the buyer and seller to investigate and choose the most secure methods for transferring funds and merchandise so as to avoid any fraudulent transactions. Powersport Marketing Group, L.L.C. recommends, but does not endorse, the use of such companies as Escrow.com, PayPal and any other secure, reputable merchant that can help enforce the obligations of the buyer and seller upon completion of an auction. Ultimately you agree that it is your responsibility as a buyer or seller in regard to the finalization of any auction and that Powersport Marketing Group, L.L.C. has no liability in enforcing or collecting payment for items sold on www.RPMSwap.com. Further, you agree that Powersport Marketing Group, L.L.C. is absolved from any responsibility for providing items that are purchased on www.RPMSwap.com and that all responsibility for providing these items rests solely with the seller.
VIII. General Policies
As a condition of your use of www.RPMSwap.com , you warrant that you will not use www.RPMSwap.com for any purpose that is unlawful or prohibited by this Agreement. You may not use www.RPMSwap.com in any manner that could damage, disable, overburden, or impair www.RPMSwap.com or any user of www.RPMSwap.com, or interfere with any other party's use of www.RPMSwap.com. It is your responsibility to determine whether the purchase of any listed item is legally permissible. This Agreement is governed by the laws of the Commonwealth of Minnesota, located in the United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Minnesota, U.S.A., in all disputes arising out of or relating to the use of www.RPMSwap.com. Use of www.RPMSwap.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Powersport Marketing Group, L.L.C. as a result of this Agreement or your use of www.RPMSwap.com. Powersport Marketing Group, L.L.C’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Powersport Marketing Group, L.L.C’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of www.RPMSwap.com or information provided to or gathered by Powersport Marketing Group, L.L.C. with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Powersport Marketing Group, L.L.C with respect to www.RPMSwap.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Powersport Marketing Group, L.L.C with respect to www.RPMSwap.com . A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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