Terms of Use

Thank you for visiting MotorcycleItch.com, the premiere RAC (research and compare) website on the internet!

For purposes of this “Terms of Use”, MotorcycleItch.com consists of:

Our website, MotorcycleItch.com, along with any other website that we identify as a part of the MotorcycleItch network.
Any mobile versions of our websites.
Products, services, or information that we may provide to you in the form of emails, texts (MMS, SMS) or chats, or by or through any other communication channel.

We provide the MotorcycleItch.com website and our products and services to you subject to the provisions of this Terms of Use. This Terms of Use is a legally binding agreement between you and MotorcycleItch.com, so please read it carefully.

By accepting this Terms of Use, or by using the MotorcycleItch.com website or viewing its content, you agree to be bound by this Terms of Use and each of its provisions. You represent and warrant to us that you have all necessary right, power and authority to agree to this Terms of Use, to perform the acts required of you hereunder, and to submit your Visitor-Submitted Content in accordance with the requirements of this Terms of Use.

General

Certain Defined Terms

As used in this Terms of Use:

"Community Services" means any discussion Forums, Dealer Ratings & Reviews, Motorcycle Ratings and Reviews, and any other feature of the MotorcycleItch.com website that permits you to submit content to us.

"Moderators" are the individuals who host, moderate or supervise the Community Services on behalf of MotorcycleItch.com.

"Visitors" means you and the other individuals who visit or use the MotorcycleItch.com network.

"VSC" or "Visitor-Submitted Content" means all content submitted to us by Visitors through the Community Services or other channels for display in the MotorcycleItch.com network, as well as any attachments to those submissions or otherwise provided to us.

Changes to this Terms of Use

We reserve the right, in our sole discretion and at any time, to make changes to this Terms of Use and our other policies concerning the use of the MotorcycleItch.com network, including the Community Services. We also reserve the right, in our sole discretion and at any time, to waive or modify any of the terms of this Terms of Use as they apply to a specific item of VSC or as they apply to a specific Visitor, without affecting the application of these terms to any other VSC or Visitors. Changes will be effective when made and the updated Terms of Use or applicable policy is posted on the MotorcycleItch.com network, provided, however, that no such change shall be applicable to any dispute between you and us that arises prior to the time such change is effective. Accordingly, you should visit this Terms of Use periodically to review its provisions.

Registration on MotorcycleItch.com

We may require that, to use certain Community Services, you first register with us by providing to us an email address, a password and, in some instances, a username or screen name or other information. That information is referred to as your "Registration Information."

You agree not to register on behalf of another person or to impersonate any person or entity. You agree not to use a false email address or to otherwise deceive or mislead our Visitors or Moderators as to the origin or your VSC. You also agree not to choose a username or a screen name for the purposes of deceiving or misleading our Visitors and/or the Moderators as to your true identity (for example by impersonating any other real or fictitious person or entity), or that:

Suggests that you are a representative of an entity when you are not.
Incorporates a solicitation (e.g., visitmysitedotcom, dealershipname, isellyammies), or
Includes any profanity or is offensive.

You are responsible for maintaining the confidentiality of your password. You are responsible for all usage of and activity in the Community Services through your username and password, including use of your username and password by any third party. Your account is unique to you and may not be transferred to any third party. You should notify us of any known or suspected unauthorized use of your Registration Information.

MotorcycleItch.com requires that a Visitor be not less than 13 years old in order to provide Registration Information. MotorcycleItch.com also requires that a Visitor who provides Registration Information not be a resident of the European Union. Accordingly, by agreeing to be bound by this Terms of Use and providing Registration Information, you are representing to us that you meet these requirements.

Keeping Your Personal Information Private

Visitors should be aware that disclosure in the Community Services of your full name, street address or other personal information raises privacy concerns and may result in solicitations from third parties or unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Services.

Violations of this Terms of Use

Any Visitor who violates this Terms of Use may be banned permanently from using some or all of the Community Services. If your registration is terminated or deactivated by us, you agree not to re-register and you acknowledge that your VSC may be deleted and/or your username may be given to another Visitor without notice to you.

MotorcycleItch.com reserves and retains all rights and remedies provided by law or equity to redress any violation of this Terms of Use, as well as the right to take action to nullify, block or deny your ability to submit VSC. You understand that we may exercise this right in our sole discretion.

Permission to Access and Use the MotorcycleItch.com network

We grant you a limited license and permission to access and make personal use of the MotorcycleItch.com network and its content. This license does not include any resale or commercial use of the MotorcycleItch.com network or its content; any collection or use of any motorcycle or other product or service listings, descriptions or prices; any collection or use of the editorial content or the content submitted by our Visitors; any derivative use of the MotorcycleItch.com network or its content; or any use of data mining, robots or similar data gathering, scraping or extraction tools or processes; and you agree not to do any of the foregoing.

Except as explicitly provided in this Terms of Use, you agree not to download, store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any portion of the MotorcycleItch.com network for any commercial purpose. You may display and occasionally print a single copy of pages of the MotorcycleItch.com network for your personal use, but you may not otherwise reproduce any content appearing on the MotorcycleItch.com network (other than your own VSC) without our prior written or emailed consent. Requests for permission to reproduce or distribute any content on the MotorcycleItch.com network may be sent through our “Contact” page.

The downloading, reproduction, republication, retransmission or other use, as a stand-alone file, of the images marked as licensed from Getty Images or other third parties is prohibited.

Any violation of the forgoing may result in the termination of your license and permission to access and make use of the MotorcycleItch.com network.

The Community Services and Visitor-Submitted Content

License of Visitor-Submitted Content to Us

You agree that, by submitting any Visitor-Submitted Content to us, you are granting to us and our designees a non-exclusive, perpetual, irrevocable, fully assignable, sublicensable, fully paid up and royalty-free license to use that Visitor-Submitted Content, without restrictions of any kind and without any payment or other consideration of any kind, or any permission or notification, to you or any third party. This license shall include, without limitation, the irrevocable right to reproduce, publish, create derivative works from, combine with other works, modify, alter, adapt, edit, reformat, translate, distribute copies, display, perform, provide to third parties and sublicense that Visitor-Submitted Content, and all rights therein, in the name of MotorcycleItch.com or its designees throughout the universe in perpetuity in any and all media now or hereafter known.

This license provides us with the right to use any Visitor-Submitted Content for any purpose, including for advertising or other commercial use. These rights apply to your name, other personal information, photo, likeness and voice, if included in that Visitor-Submitted Content. If we publish your Visitor-Submitted Content or authorize or sublicense others to do so, your Visitor-Submitted Content may be edited for length, clarity, grammar and/or spelling corrections, or for any other reason (either before or after it is published), and it may be attributed to you by name and city (if provided to us) unless you expressly request that you remain anonymous. You waive any "moral rights" in your Visitor-Submitted Content.

You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party for the unauthorized use or reproduction of your Visitor-Submitted Content.

You represent and warrant that your Visitor-Submitted Content:

Is your original work, and
Does not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right.

MotorcycleItch.com shall have the exclusive option to purchase from you and acquire all right, title and interest, including, without limitation, any copyrights and other intellectual property law in and to the VSC you submit, which rights shall include the right to apply for copyright registration for any or all of the VSC, and all rights therein, in the name of MotorcycleItch.com or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The option shall be exercisable by us from the date you submit the VSC until two years from that date. If we exercise the option, you agree to accept payment in the amount of $1 USD or value in kind at our discretion, and you agree to execute, acknowledge and deliver such other instruments consistent with an assignment of the intellectual property as may be reasonably necessary to carry out or effectuate the purposes or intent of the assignment of the VSC.

Management of Visitor-Submitted Content

We reserve the right in our sole discretion to review all VSC and to remove, or to decline to display, any VSC. However, we also reserve the right in our sole discretion to display any VSC that is submitted to us, or to decline to remove any VSC, even if it violates this Terms of Use.

hile we have no obligation to do so, we do monitor certain VSC. However, since not all of the areas that are monitored are done so on a "real time" basis, you may see VSC that violates this Terms of Use before we do. Please report such items to our Moderators by using the Contact page.

We do not make any promises as to what actions we will or will not take with respect to any VSC, and no such promises should be inferred from either this Terms of Use or any communication by us. You understand that the VSC of other Visitors is based on their individual opinions and experiences, which may vary significantly from one person to the next. We do not endorse or guarantee the accuracy of any VSC, and you agree that we are not responsible for the accuracy of any VSC and will not be liable for any damages incurred as a result of the submission or use thereof.

The Forums

Your email address included with your VSC submission will not be displayed.

We welcome all points of view on motorcycle matters. However, everyday manners apply. Please respect and interact with fellow Visitors as you would in any public arena.

You may not submit VSC that contains personally identifiable information about any person or entity, such as telephone numbers or email addresses, including your own, or information that could result in an invasion of privacy or harassment of any person or entity.

Including a link in your VSC to another website is permissible when appropriate in the context of answering a question posed by another Visitor, but not for the purpose of promoting other motorcycle communities or third-party products or services. The Moderators will remove any link they believe does not provide value to Visitors.

Profanity, Harassment and Other Inappropriate Conduct

You may not submit VSC that is indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, illegal or defamatory, or any material that interferes with the ability of others to enjoy the Community Services. We wish to maintain a family-friendly, "G-rated" environment. Please use this as your guideline when in doubt.

Illegal and Objectionable Activities

We do not allow the promotion of illegal conduct, activities, or fraudulent schemes. Specifically, you may not advocate illegal conduct, such as street racing, reckless riding, or riding under the influence of alcohol or drugs. You also agree to not engage in any illegal activity in connection with your participation in or use of the website.

Rights of Third Parties

You may not submit VSC that infringes in any manner on the copyright, trademark, or intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not use the Forums to display or distribute unauthorized copyrighted material, including articles, photos, videos, artwork, recordings, designs or computer programs (except for quotes of reasonable length from articles or similar materials).

We disclaim any responsibility or liability for copyrighted materials posted in the Forums. If you believe that your work has been copied in the Forums in a manner that constitutes copyright infringement, please follow the procedures set forth below under the caption "Copyright Complaints."

You agree that you will not use or reproduce any VSC of any other Visitor in any manner or in any media, including posting or republishing any VSC of another Visitor on any other website. (You may, however, occasionally reprint or post excerpts, not to exceed 50 words, from a single item of VSC of another Visitor if it is clear that the original and full item of VSC is available on the MotorcycleItch.com network.) You may also display a link to, or the address of, the page of the MotorcycleItch.com network on which any VSC appears.

Promotions and Solicitations

You agree that, except with our prior consent, you will not upload, post, email, transmit or otherwise use the Forums to make or distribute any unsolicited or unauthorized advertising, contests, sweepstakes, survey requests or promotional materials, to campaign for any political cause, or to implore Visitors to take actions that are intended to further a personal or commercial purpose.

You agree you will not use information supplied within the Forums to do any of the foregoing, by email or any other method. You agree not to gather public email addresses from Visitor profiles or harvest or collect other information about other Visitors from the MotorcycleItch.com network, including usernames, or use any of that information for the purpose of sending unsolicited bulk communications or for any other purpose. You may not use or provide to any person or entity, whether or not for a fee, any directory of or information regarding other Visitors.

Links included as a part of your signature line are never permitted and will be removed by the Moderators.

Motorcycle Ratings and Reviews

This Community Service provides you with an opportunity to describe your experience with a particular motorcycle and to comment on the experience of other reviewers. In an effort to provide Visitors with the most valuable consumer insight and information, we have established a number of rules for posting a review or comment:

Please only write a review if you have had hands-on experience with the motorcycle.
Please limit your review to the facts and details of your experience driving the motorcycle, and do not include facts or details about the dealership from which you may have purchased or leased the motorcycle.
You may not submit a motorcycle review if you have been offered any payment or other incentive to do so. If you or a member of your household is associated with any motorcycle manufacturer, dealer or advertising agency for a motorcycle manufacturer or dealer, or with a supplier to the motorcycle industry, you are required to disclose that relationship in your review or comment.
Please do not use profanity in your review text.
We do not permit the posting of for-sale ads or solicitations, HTML or links, or personal contact information (e.g., telephone numbers, email addresses) for you or for others.
Please do not write in ALL CAPS.
A comment can be positive or negative, ask questions and/or provide supporting information.

Please note that, after a review is submitted, it may not be deleted by you and we will not do so if requested.

We do not make any promises as to what actions we will or will not take with respect to any review or comment, and no such promises should be inferred from either this Terms of Use or any communication by us.

Availability of Community Services

While we make reasonable efforts to ensure that the Community Services are available at all times, we do not guarantee that the Community Services will be uninterrupted or error-free, and we do not guarantee that Visitors will be able to access or use all the Community Services or all of their features at all times.

We may change, suspend or discontinue any or all Community Services, or any or all of their features, at any time. We may also impose limits on your access to or use of certain features of the Community Services, or restrict your access to any or all of the Community Services, in all cases without notice to you or liability to us.

Community Services Security; Violations of Law

You may not submit VSC that consists of or contains software viruses. Violations of system and network security are prohibited, and may result in criminal and civil liability. Examples of system and network security violations include the following:

Any automated use of the system;
Use of software that allows your account to stay logged on while you are not actively using your account; and
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network.

We may investigate incidents involving such violations, any violations of this Terms of Use that may constitute or have the potential to constitute violations of law, and any activity by Visitors on the MotorcycleItch.com network that constitute or may constitute violations of law. You understand that we may report any such activity to, and cooperate with, law enforcement, with or without receipt by us of a subpoena or other legal process.

Ideas Submitted to MotorcycleItch.com

We provide the opportunity for individuals to submit to us ideas and improvements related to the MotorcycleItch.com network and our other services and technology.

You agree that, by submitting your ideas and/or improvements:

Your submission will automatically become the property of and owned by MotorcycleItch.com
MotorcycleItch.com may use or redistribute your submission and its contents for any purpose and in any way without any restrictions
MotorcycleItch.com has no obligation to review any submission
MotorcycleItch.com has no obligation to keep any submission confidential, and
MotorcycleItch.com has no other obligation to you or contract with you, implied or otherwise, with respect to your ideas or improvements.

Electronic Communications

When you visit the MotorcycleItch.com network or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the MotorcycleItch.com network. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or that you provide to us electronically satisfy any legal requirement that such communications be in writing.

You also understand and agree that we may send you certain communications in connection with your use of the Community Services, such as service announcements and administrative messages, and that you will not be able to opt out of receiving those communications, and that we may send you copies of any periodic newsletters or similar informative communications we send to Visitors who have registered with us (but you will be able to opt out of receiving future issues at any time). Any communications sent to you personally concerning your participation in the Community Services or related matters are not intended to be made public, and you agree not to post those communications in the Community Services or elsewhere on the internet.

Liability and Warranty Disclaimers

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOTORCYCLEITCH.COM NETWORK ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MOTORCYCLEITCH.COM NETWORK AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOTORCYCLEITCH.COM NETWORK ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION (INCLUDING PRICES), SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOTORCYCLEITCH.COM NETWORK ARE ACCURATE, RELIABLE OR CORRECT; THAT THE MOTORCYCLEITCH.COM NETWORK WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MOTORCYCLEITCH.COM NETWORK IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE MOTORCYCLEITCH.COM NETWORK IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

All prices, incentives and rebate information, and other information displayed on the MotorcycleItch.com network is gathered from sources that are believed by us to be reliable (other than Visitor-Submitted Content, as to which we make no such representation), but we do not verify this information and no assurance can be given that this information is accurate, complete or current.

Furthermore, prices displayed on the MotorcycleItch.com network for motorcycles advertised by dealers are sometimes calculated by us based on data and rules supplied to us by the dealers or by intermediaries who transmit data from the dealers to us. Neither we nor the dealers nor the intermediaries are responsible for any errors in such data or rules, or for any errors that may occur in the manner in which we apply such data and rules to determine the motorcycle prices displayed. Before purchasing any motorcycle or other products or services you read about on the MotorcycleItch.com network, you should confirm with the dealer or vendor any information (including the price and available incentives or rebates) that is important to your decision.

In addition, we can give no assurance that any advice, recommendation or guidance that we provide on the MotorcycleItch.com network, in press releases, in communications between our staff and third parties, or in any other medium, or that are provided by our Visitors through the MotorcycleItch.com network, is accurate, complete or current. We do not warrant the accuracy of, or assume (and you agree that MotorcycleItch.com does not bear any) responsibility for any errors or omissions in the information, advice, recommendations or guidance provided by either our staff or our Visitors.

The MotorcycleItch.com network displays third-party advertising, promotions and marketing materials, some of which may be identified as for our "partners," and links to many websites not operated by us. This may include sites where you can obtain products and services such as new and used motorcycles, financing, insurance, maintenance plans, roadside assistance plans, inspection services, and credit reporting/monitoring/application services. While we encourage you to visit such sites and review the opportunities those sites offer, MotorcycleItch.com does not control, endorse or guarantee the content of any advertising, promotions or marketing materials we display to you, or any of the content found on the sites to which we link. We are not responsible for the claims made by third parties or for the products or services those third parties provide, and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those third parties. You agree that MotorcycleItch.com is not responsible for any advertising, promotions or marketing materials that we display to you; or for any content, services or products on or provided through those sites; and that MotorcycleItch.com will not be liable for any loss or damage of any kind arising from or incurred in connection with your reliance on any third-party advertising, promotions or marketing materials, or your use of third-party content, services or products. We do not co-sponsor, operate, endorse or guarantee any sweepstakes, contest, reward or similar offer that may be promoted from time to time by third parties or that may be accessible through links from the MotorcycleItch.com network.

On the MotorcycleItch.com network we collect personally identifiable information from individuals who authorize us to submit such information to one or more motorcycle dealers. As provided in our Privacy Policy, in some instances such information is also provided to other third parties. Those dealers and other third parties are not affiliated with MotorcycleItch.com. We make no representation or warranty concerning, and we are not responsible for, any of the products or services those dealers or third parties provide, the manner in which those products or services are provided, or for any use made by those dealers or third parties of your personally identifiable information.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MOTORCYCLEITCH.COM NETWORK. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree that you will be responsible for any damages resulting from any violation of this Terms of Use. You further agree to indemnify and hold MotorcycleItch.com, and its affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this Terms of Use, or any breach of any representation made by you in this Terms of Use, or any violation of any law or the rights of any third party (including any right of publicity, right of privacy, intellectual property right, or any other proprietary right) that occurs in connection with your use of the MotorcycleItch.com network.

Choice of Law and Forum; Attorneys' Fees

This Terms of Use, your use of the MotorcycleItch.com network and our products and services, and the rights of the parties shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this Terms of Use or your use of the MotorcycleItch.com network shall be in the state or federal courts located in the County of Ventura, State of California, and you further (i) agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and (i) agree not to file or bring any claim or action in a different jurisdiction. You also agree that in the event of any action to enforce or interpret this Terms of Use, the prevailing party shall be entitled to collect its reasonable attorney fees.

Severability of Provisions

If any provision of this Terms of Use shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of this Terms of Use.

Notices

Any notices to the MotorcycleItch.com network should be sent by email via our Contact page.

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