Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS ("TERMS & CONDITIONS") MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, THEN DO NOT USE THE SITE.
RagingMoto.com ("Site") is owned by Raging Group, LLC ("RagingMoto") and is currently provided free of charge to users who agree to abide by these TERMS & CONDITIONS. RagingMoto reserves the right to change the nature of this relationship at any time, and to revise these TERMS & CONDITIONS from time to time as RagingMoto sees fit. Users who violate these TERMS & CONDITIONS will have their access canceled and they may permanently be banned from using the Site. Users should check these TERMS & CONDITIONS periodically. By using the Site after we post changes to these TERMS & CONDITIONS, you agree to accept those changes, whether or not you actually reviewed them.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
COPYRIGHTS, TRADEMARKS & RESTRICTIONS
The material included herein, including site design, text, graphics and the selection and arrangement thereof are copyrighted © by RagingMoto, Inc. ALL RIGHTS RESERVED. RagingMoto.com®, RagingMoto® and, other trademarks and all page headers, custom graphics and custom icons are service marks and trademarks of RagingMoto. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the "Materials") are the property of RagingMoto and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by RagingMoto and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Materials from the Site (or any other Web site owned or operated by RagingMoto or its subsidiaries or affiliates) without RagingMoto' prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with RagingMoto or applying for credit. Printing Materials for any other reason, or transferring Materials for use on any other Web site, or the modification, distribution or republication of Materials without RagingMoto' prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of RagingMoto or third parties.
RagingMoto is not responsible for the content of any unaffiliated Web sites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other Web site accessed from the Site is independent from RagingMoto, and RagingMoto has no control over the content of that other Web site. In addition, a link to any other Web site does not imply that RagingMoto endorses or accepts any responsibility for the content or use of such other Web site. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by RagingMoto of that third party or of any product or service provided by a third party.
Prices shown on the Site apply to products and services on the Site. Price and availability are subject to change without notice.
In order to comply with federal anti-money laundering regulations, we are unable to process gift card orders of more than $2,000.00 in any single transaction.
We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.
The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
NOTICE AND TAKE-DOWN PROCEDURES
If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take-down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact RagingMoto' copyright agent (identified below) and provide the following information:
A clear statement identifying the works or other Materials believed to be infringed.
A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
Sufficient information about the location of the allegedly infringing Materials so that RagingMoto can find and verify its existence.
Your name, telephone number and email address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
RagingMoto' agent for notice of copyright issues on the Site can be reached as follows:
9479 NW 12TH ST.
Attn: Legal Department
with a copy to: General Counsel
(ref: Copyright Infringement)
CONDUCT OF USERS
You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or that RagingMoto considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any "virus," "trojan horse" or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while you are using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
By using the Site, you agree to indemnify the RagingMoto Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these TERMS & CONDITIONS (including, without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. RagingMoto reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMER, LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY RAGINGMOTO ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAGINGMOTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. RAGINGMOTO IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THE RAGINGMOTO PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION WILL BE AT YOUR SOLE RISK.
NONE OF THE RAGINGMOTO PARTIES IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RAGINGMOTO PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
RagingMoto may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including, without limitation, breach of these TERMS & CONDITIONS. In the event these TERMS & CONDITIONS are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in these TERMS & CONDITIONS will survive termination. In the event that you are unsatisfied with the services provided by RagingMoto, your sole remedy is to terminate your use of the Site.