Terms & Conditions
TERMS OF SALE
All transactions will be governed under the general commercial laws of the State of California as supplemented or modified by this Agreement, without regard to conflict of law principles. Bike Seat Factory will accept your order only if (1) you accept the terms of these Terms of Sale (“TOS”), (2) the Product is available, and (3) you provide a valid and verifiable ship-to address. Motorcycle Seats Direct reserves the right to cancel your order in its sole discretion, for any reason. Confirmation of receipt of your order does not constitute acceptance of your order; your order is accepted only when you receive confirmation that the order has been shipped. The TOS, including associated warranty statements or attachments, are the complete agreement between you and Bike Seat Factory regarding your purchase of products and replaces any prior oral or written communications between you and Bike Seat Factory . Any additional or different terms in any order or written communications from you are void. If there is a separate commercial agreement in effect between you and Bike Seat Factory , signed by both parties, then the terms of the commercial agreement govern this transaction.
The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. If you are located outside the United States, please be sure that you are aware of the price in your local currency, and be aware that your credit card company may charge a currency conversion fee, for which Motorcycle Seats Direct is not responsible. If a product is quoted at an incorrect price due to typographical error or error in pricing information: 1) Motorcycle Seats Direct has the right to refuse or cancel any orders placed for the product quoted at the incorrect price, even if Motorcycle Seats Direct has confirmed the receipt of your order and charged your credit card, debit card or PayPal account; and 2) if Motorcycle Seats Direct has charged you but subsequently canceled your order, Motorcycle Seats Direct will promptly issue a credit to your payment account for the amount charged. You are responsible for taxes, if any, for each product from the date Motorcycle Seats Direct ships it to you. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
The Site and all content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Motorcycle Seats Direct’ prior written consent, except that Motorcycle Seats Direct grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial (unless you have a business relationship with Motorcycle Seats Direct) use of the Site. Motorcycle Seats Direct further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Motorcycle Seats Direct, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. These permissions are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site. You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the Motorcycle Seats Direct name, trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site. The Site is not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the Site, or access the Site only under the supervision of a parent or legal guardian. Furthermore, the Site does not knowingly solicit or collect information from children under the age of 13. Should Motorcycle Seats Direct learn that it has inadvertently collected information from a child under the age of 13, it will delete that information as soon as possible. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding section, Motorcycle Seats Direct does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
DISCLAIMERS REGARDING CONTENT
Information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain inaccuracies or typographical errors. Motorcycle Seats Direct assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. If you believe any information on the Site is inaccurate or incomplete, please let Motorcycle Seats Direct know by contacting us. Motorcycle Seats Direct provides no assurances that any reported problems will be resolved, even if Motorcycle Seats Direct elects to provide information with the goal of addressing a problem.
CONFIDENTIAL INFORMATION AND SUBMISSIONS
The collections and information featured on the Site are produced, distributed and owned by Motorcycle Seats Direct or its affiliates. The images and information published on this site are the intellectual property of Motorcycle Seats Direct or its affiliates. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Motorcycle Seats Direct owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Motorcycle Seats Direct intellectual property, in whole or in part. The trademarks and logos appearing on the Site, except those belonging to our affiliates, and the Motorcycle Seats Direct name are trademarks of Motorcycle Seats Direct. These, along with any other trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks of Motorcycle Seats Direct. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of Motorcycle Seats Direct. Motorcycle Seats Direct aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Motorcycle Seats Direct’ trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners. All rights reserved. DISCLAIMER OF WARRANTY USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. MOTORCYCLE SEATS DIRECT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, MOTORCYCLE SEATS DIRECT MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THIS WEB SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, 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 IN NO EVENT WILL MOTORCYCLE SEATS DIRECT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF MOTORCYCLE SEATS DIRECT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.