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Welcome to MOTORCYCLEASIA.COM, the premiere online shop specializing in everything related to motorcycles in the Philippines. MOTORCYCLEASIA.COM brings together under one virtual roof local independent merchants offering a wide range of products and services at bargain prices. Please read the following terms and conditions carefully.

1. ACCEPTANCE

If you visit or shop at MOTORCYCLEASIA.COM or use this site in any way, shape or form, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). We reserve the right, at our discretion, to modify or update these Terms of Use. Please review these Terms of Use periodically. Your continued use of this site following any modification or update in the Terms of Use constitute your acceptance of those changes.

2. RESTRICTIONS ON USE

You acknowledge and agree that your registration, or participation in programs and other use of this site is subject to the Terms of Use and that MOTORCYCLEASIA.COM in its sole discretion may terminate and disallow, as the case may be, such registration, participation and use. You further acknowledge and agree that MOTORCYCLEASIA.COM is not responsible and cannot be held liable for any unauthorized transaction carried out in your name. Participating Merchants may offer products or services suitable for adults, or containing adult or mature content. Those who are less than 18 years old, or otherwise not permitted to access such content or purchase such products of services under the laws of the applicable jurisdiction are expressly prohibited from doing so. Submission of an order to purchase goods or services constitutes a binding order and must be completed, subject to the terms and conditions set by the payment and service providers and by the Participating Merchant’s governing such transaction. Users may not purchase goods and services where prohibited by the applicable law in their jurisdictions, and users possess sole responsibility in ensuring compliance with such laws. Only persons with legal capacity may register as user, and any order to purchase goods or services from the site constitutes a representation and warranty that the user possesses legal capacity to make such purchase. MOTORCYCLEASIA.COM grants you a limited license to access for personal and non-commercial use of this site. Collection and use of product listings, descriptions, prices, retrieval of data or other content compilations, databases, or directories, and derivative uses of this site or its contents, are strictly prohibited.

3. REGISTRATION AND PRIVACY

There are products, services and features of the site that will require the use to register and provide certain data. Our use of the data you provide will be governed by our Privacy Policy. In consideration of your use of the site and enjoyment of the features available to registered users, you represent and warrant that the information you provided is accurate, current and complete, and that you will update your profile whenever any information you have provided has changed over the course of time. MOTORCYCLEASIA.COM reserves the right to suspend or terminate your registration and access to the site if you provide information, or if MOTORCYCLEASIA.COM has reasonable grounds to believe that you have provided information, that is untrue or inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality of your user name and password, and are fully responsible for all activities that occur under your user name and password. You agree to immediately notify MOTORCYCLEASIA.COM for any unauthorized use of your user name and password or breach of security. When you use the site under your user name, you must ensure that you log off at the end of every session.

4. PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site, such as text, graphics, images, data compilations and software, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. The compilation of all content on this site is the property of MOTORCYCLEASIA.COM and its content suppliers protected by Philippine and international laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works, from such materials or content, or exploit the same for any commercial purpose, without the express written consent of MOTORCYCLEASIA.COM. Use of MOTORCYCLEASIA.COM’s trademarks and trade dress in connection with any product or service that is not MOTORCYCLEASIA.COM, or framing techniques that use MOTORCYCLEASIA.COM’s trademarks, logos and proprietary information, or use of the same in meta-tags without the written permission of MOTORCYCLEASIA.COM, and any other unauthorized use terminates the license or permission granted by MOTORCYCLEASIA.COM. You may link to the home page of MOTORCYCLEASIA.COM, or any part of the site, for as long as the link is not misleading, derogatory, offensive or otherwise damaging to MOTORCYCLEASIA.COM. Data mining, use of robots and data gathering and extraction tools, and all other systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MOTORCYCLEASIA.COM is absolutely prohibited. MOTORCYCLEASIA.COM may include links to other sites, and you acknowledge that the inclusion of such links in the site is not an endorsement or implication of any affiliation. Except as otherwise indicated, such other sites are independently operated and MOTORCYCLEASIA.COM assumes no responsibility for content at such other sites.

5. RELATIONSHIP WITH PARTICIPATING MERCHANTS

MOTORCYCLEASIA.COM is in no partnership, joint venture, employer-employee, franchisor-franchisee with any Participating Merchant accessible through the site. MOTORCYCLEASIA.COM exercises no control over content emanating from the Participating Merchants. MOTORCYCLEASIA.COM is an infrastructure provider for on-line transactions between Participating Merchants and the public but does not, by its service, assume any legal obligation of the Participating Merchants.

6. SUBMISSIONS

You may post any comments, questions, information, suggestions, or other content, so long as such content is not illegal, obscene, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties. Use of false e-mail addresses and other means of identification is prohibited. You agree that posting or submitting content to this site constitutes a royalty-free grant to MOTORCYCLEASIA.COM and its affiliates of the right to use, reproduce, display, perform, adapt, modify, distribute, and promote such content in any form, anywhere and for any purpose. Furthermore, you warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by MOTORCYCLEASIA.COM will not infringe or violate the rights of any third party.

7. DISCLAIMER OF WARRANTIES

THIS SITE AND ALL MATERIALS, INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED OR AVAILABLE HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOTORCYCLEASIA.COM MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MOTORCYCLEASIA.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. THESE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AS SOME JURISDICTIONS DO NOT PERMIT THE SAME MOTORCYCLEASIA.COM MAKES NO REPRESENTATION THAT MATERIALS ON THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE PHILIPPINES, AND ACCESSING THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. SO FOR THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

8. LIMITATION OF LIABILITY

MOTORCYCLEASIA.COM, ITS SUBSIDIARIES, OR ITS LICENSORS CANNOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, WHERE THE APPLICABLE LAW DISALLOWS THE FOREGOING EXCLUSIONS OR LIMITATIONS, THE SAME SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. INDEMNIFICATION

That you agree to defend, indemnify, and hold harmless MOTORCYCLEASIA.COM and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. However, MOTORCYCLEASIA.COM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with MOTORCYCLEASIA.COM in asserting any available defenses.

10. APPLICABLE LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the Philippine Islands, without regard to principles of conflict of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only Makati City, Philippines, and you also agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

11. DISPUTE RESOLUTION

Any dispute relating in any way to your visit and use of the site, or to your purchases through MOTORCYCLEASIA.COM, shall be submitted to binding arbitration before the Philippine Dispute Resolution Center, in according with the rules of said institution. However, this provision does not preclude MOTORCYCLEASIA.COM or the Participating Merchants, from bringing any action any court of competent jurisdiction for injunctive relief or other provisional relief as it deems to be necessary or appropriate.

12. SEVERABILITY

Except as specifically indicated in this site, this agreement constitutes the entire agreement between you and MOTORCYCLEASIA.COM with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MOTORCYCLEASIA.COM with respect to this site. If any part of these Terms of Use or Acceptable User Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

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