FRAN AUTO & CYCLE SALES ** 7601 NW 72 AVENUE ** MIAMI, FLORIDA ** 33166
QUESTIONS ? CALL OUR SALES LINE: 1-305-805-7770
E-MAIL ADDRESS: SALES@DAMAGEDBIKES.COM
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Damaged Bikes.com Access Agreement / Terms of UseTHIS AGREEMENT "Agreement" is entered into by and between Fran Auto sales, Inc and any individual, corporation, association, agency, company, or other entity who accesses or uses the Damaged Bikes.com, Inc web site (the "User" or "you").The Damaged Bikes.com, Inc web site which is provided without charge to you, is a World Wide Web site on the Internet. The Damaged Bikes.com, Inc web site is owned and operated Damaged Bikes.com, Inc. The Damaged Bikes.com, Inc web site contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the Damaged Bikes.com, Inc web site that can be modified by Users, such as, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas"). 1. User Rights and Responsibilities1.1 Access to the Damaged Bikes.com, Inc Web Site.You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Damaged Bikes.com, Inc web site and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Damaged Bikes.com, Inc web site.1.2 User Conduct.You agree to access and use the Damaged Bikes.com, Inc web site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Damaged Bikes.com, Inc web site, including any Interactive Area, (ii) the use of any networks or other services connected to the Damaged Bikes.com, Inc web site, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Damaged Bikes.com, Inc web site. By accessing the Damaged Bikes.com, Inc web site, you agree that you will not:(1) restrict or inhibit any other user from using and enjoying the Interactive Features; 2. Intellectual Property Rights2.1 Damaged Bikes.com, Inc content.(a) You acknowledge that Content on the Damaged Bikes.com, Inc web site is provided by Damaged Bikes.com, Inc. You acknowledge that the Damaged Bikes.com, Inc web site permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Damaged Bikes.com, Inc web site owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content. Additionally, you acknowledge that all prices, vehicle makes, models, years or any other information is subject to change at any time.(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The Damaged Bikes.com, Inc web site" and its URL address. You acknowledge that the Damaged Bikes.com, Inc web site, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content. 3. Interactive AreasYou acknowledge that the Damaged Bikes.com, Inc web site may include various interactive areas ("Interactive Areas"). However, neither the Damaged Bikes.com, Inc web site, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. . The Damaged Bikes.com, Inc web site is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the Damaged Bikes.com, Inc has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, Damaged Bikes.com, Inc may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The Damaged Bikes.com, Inc reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Damaged Bikes.com, Inc web site policy in effect at that time, (ii) be harmful to the rights of any User, Damaged Bikes.com, Inc web site or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.4. TerminationThe only right with respect to dissatisfaction with any policies, guidelines, or practices of the Damaged Bikes.com, Inc in operating the Damaged Bikes.com, Inc web site, or any change in Content, is for you to discontinue accessing or using Damaged Bikes.com, Inc web site. The Damaged Bikes.com, Inc may terminate or temporarily suspend your access to all or any part of the Damaged Bikes.com, Inc web site, without notice, for conduct that the Fran Auto Sales, Inc is a violation of this Agreement or any policies or guidelines posted by the Damaged Bikes.com, Inc, or for other conduct which Damaged Bikes.com, Inc believes, in its sole discretion, is harmful to the Fran Auto Sales, Inc web site other Users. Damaged Bikes.com, Inc may discontinue operating the Damaged Bikes.com, Inc web site and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Damaged Bikes.com, Inc web site, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Damaged Bikes.com, Inc web site, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.5. Links; Disclaimers Of Warranties; Limitations of Liability5.1 Links. You understand that except for Content, products or services expressly available at the Damaged Bikes.com, Inc web site, neither the Damaged Bikes.com, Inc web site, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the Damaged Bikes.com, Inc web site. All such Content, goods and services are made accessible on the Internet by Damaged Bikes.com, Inc but Damaged Bikes.com, Inc neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any page of the Damaged Bikes.com, Inc web site. It is the sole responsibility of the user to verify the accuracy of any and all data posted. Neither the Fran Auto Sales, Inc its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on the Damaged Bikes.com, Inc web site or any site linked to or from the Damaged Bikes.com, Inc web site or your inability to access the Internet or any site linked to or from the Damaged Bikes.com, Inc web site.5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the Damaged Bikes.com, Inc web site. It is the policy of Damaged Bikes.com, Inc not to endorse or oppose any opinion about the items posted on the Damaged Bikes.com, Inc web site. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FRAN AUTO SALE, INC WEB SITE IS AT YOUR SOLE RISK. NEITHER THE FRAN AUTO SALE, INC NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE FRAN AUTO SALE, INC WEB SITE OR ANY INTERNET SITE LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FRAN AUTO SALE, INC WEB SITE OR ANY INTERNET SITE LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE FRAN AUTO SALE, INC WEB SITE OR ANY SITE LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE . THE FRAN AUTO SALE, INC WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE FRAN AUTO SALE, INC, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE FRAN AUTO SALE, INC WEB SITE , OR ANY INTERNET SITE LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE , WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS. UNDER NO CIRCUMSTANCES SHALL THE FRAN AUTO SALE, INC , ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE FRAN AUTO SALE, INC WEB SITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE . THE CONTENT WITHIN THE FRAN AUTO SALE, INC WEB SITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE FRAN AUTO SALE, INC WEB SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE FRAN AUTO SALE, INC WEB SITE AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE FRAN AUTO SALE, INC WEB SITE AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE FRAN AUTO SALE, INC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY FRAN AUTO SALE, INC WEB SITE SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE FRAN AUTO SALE, INC WEB SITE IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FRAN AUTO SALE, INC WEB SITE. 6. IndemnityYou agree to indemnify and hold the Damaged Bikes.com, Inc, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Damaged Bikes.com, Inc web site or any Internet site linked to or from the Fran Auto sales, Inc, or in connection with the transmission of any Content on the Damaged Bikes.com, Inc.7. MiscellaneousThis Agreement comprises the entire agreement between the Damaged Bikes.com, Inc and you, and supersedes any prior agreements with respect to the subject matter herein. Damaged Bikes.com, Inc may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the Damaged Bikes.com, Inc. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the Damaged Bikes.com, Inc. Your continued accessing and use of the Damaged Bikes.com, Inc following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of Damaged Bikes.com, Inc to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the Damaged Bikes.com, Inc, excluding its conflict of laws rules, and you and the Fran Auto sales, Inc each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations there under to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the Damaged Bikes.com, Inc web site have been done strictly for clarification and identification and does not constitute endorsement by the Damaged Bikes.com, Inc of the products, services or information offered by the owner of such trademark, service mark or link or endorsement..
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