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- Acceptance of Terms
- User’s Agreements
User agrees (i) to use the Site only for lawful purposes and in compliance with all applicable laws, including privacy and data collection laws, (ii) to take no action that might compromise the security of the Site, render it inaccessible to others, or otherwise cause damage to the Site, (iii) to use the Site only for permitted uses described in Section 3 and otherwise in accordance with the Terms and any on-line instructions, (iv) not to frame, link to, or create derivative works based on the Site, (v) not to copy any of the materials or information available from the Site, except as authorized by the Terms, (vi) not to post, upload or otherwise transmit any content ("user content") that is misleading, threatening, abusive, hateful, or racially or ethnically objectionable, or that user does not have a right to post, upload or transmit, or that otherwise infringes the rights of any third parties, in connection with the Site. User understands that access to the Site is password protected and agrees to maintain the confidentiality of user’s password. Allwin PowerSports Corp. reserves the right, but is not obligated, to review user content and without notice to remove any that violates, in Allwin PowerSports Corp.’s sole discretion, the Terms.
- Permitted Use
User may use the Site to access information uploaded to the Site by Allwin PowerSports Corp.
- Intellectual Property
The Site is the property of Allwin PowerSports Corp., and is protected by state, federal and international copyright, trademark and other intellectual property laws. No reproduction, distribution, or transmission of the copyrighted materials of the Site is authorized without the prior written permission of Allwin PowerSports Corp., except as expressly authorized by the Terms.
- Disclaimer of Warranties
ALLWIN POWERSPORTS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE. ALLWIN POWERSPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ALLWIN POWERSPORTS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- Disclaimer of Liability
User shall indemnify, defend and hold Allwin PowerSports Corp. and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) resulting from (i) user’s use of the Site, or (ii) user’s breach of any provision of these Terms.
- Change of Terms
Allwin PowerSports Corp. may terminate user’s access to the Site, in whole or in part, immediately and without prior notice if user fails to comply with any provision of Section 2. Allwin PowerSports Corp. may discontinue the Site or terminate user’s access to the Site with or without cause at any time. User may discontinue using the Site at any time.
User agrees that notice posted on the Site or by email to the email address furnished by user when registering for the Site, as subsequently updated by user, constitutes effective notice for all purposes. User shall be solely responsible for updating user’s registered email address. If prior notice is required, unless the Terms expressly provide for a longer period, user agrees that ten days’ advance notice shall be reasonable for all purposes. Actual notice by telephone or other means shall be effective upon receipt by user.
- Data Retention
Allwin PowerSports Corp. encourages user to maintain a back up version or other copy of any user content on the Site.
- Force Majeure
Allwin PowerSports Corp. shall not be liable for any delay or failure due to any cause beyond its control, including, without limitation, restrictions of law, regulations, orders or other government directives, labor disputes, acts of God, acts of third party vendors or suppliers, or mechanical or electrical breakdowns.
The Terms constitute the entire agreement between user and Allwin PowerSports Corp. with respect to the subject matter contained in the Terms and supersede all previous and contemporaneous agreements and communications, whether written or oral. The Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. User submits to the non-exclusive jurisdiction of the state and federal courts presiding in DuPage County, Illinois, over any action relating to the Site. Any user located outside the United States consents to having their records and other user content transferred to and processed in the United States. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Failure to insist on strict performance of any provisions of the Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of the Terms will be valid unless in writing and acknowledged in writing or electronically by both parties.