Terms of Service
ATV.com Terms and Conditions
Access to and use of the web pages located at the domain ATV.com (the “Site”) by you (sometimes also referred to herein as the “User”) is subject to, and constitutes your acceptance of, and agreement to comply with, the following terms and conditions (the “Agreement”). If you have not already done so, please take some time to familiarize yourself with this Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately discontinue any use of the Site. Also note that the terms and conditions of this Agreement may change from time to time and it is your responsibility to check for such updates on this Site. If any change is unacceptable to you, your sole recourse is to discontinue accessing or otherwise using this Site. Your continued use of the Site shall constitute your acceptance of the Agreement as amended. The last revision date for this Agreement is set forth below.
Last revised: May, 2007
Reserved Rights and Grant of Limited License
Copyright (c) 2007 VerticalScope Inc. All rights reserved.
VerticalScope Inc. (“VerticalScope”) either owns the intellectual property rights, including copyright, or has acquired the necessary licenses therein, in and to the information, including, without limitation, all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site (collectively the “Information”). The User is granted a limited, non-exclusive license to display the Information and print short extracts of the Information for the User’s own personal use only, provided the Information is not modified, identifies the source, bears VerticalScope’s copyright notice as it appears above, and provided further that the User shall be fully responsible for any consequences resulting from such use. Any other use of the Information is strictly prohibited. None of the Information may be otherwise reproduced, republished or re-disseminated, in whole or in part, in any manner or form without the prior written consent of VerticalScope.
Reservation of Endorsement
General. The Site may contain links to other sites. These links are provided for your convenience only as references to help the User identify and locate other Internet resources that may be of interest. Independent third parties, other than VerticalScope, have developed, maintain and operate these other sites and VerticalScope does not assume responsibility for the accuracy, completeness, appropriateness or timeliness of any statements, data, information, opinions, or advice contained at such sites. In providing links to other sites, VerticalScope is in no way acting as a publisher or disseminator of the material contained on those other sites and does not monitor, or maintain any type of control, editorial or otherwise, over such sites. A link to another site should not be construed to mean that VerticalScope recommends, approves or endorses, or is affiliated or associated with, that other site, or is authorized to use any trademark, service mark, trade name, logo, symbol or copyrighted work that may be reflected in the link or the description of the link to other such sites. The User’s access to and use of such sites, whether through use of a link contained on this Site or otherwise, including the use of any material, information, products or services contained therein, are solely at the User’s own risk.
Certain web pages and services offered by VerticalScope on the Site, including without limitation the search tools and user forums, provide the User with the ability to perform searches using User-defined parameters to identify and obtain information (including links) on various third party vendors and service providers. Searches performed using the search tools may provide the User with a list of search results which may be ordered, in part, based upon a monetary sum or other consideration paid by these third party vendors and service providers to VerticalScope. The information listed in all such search results has been entered directly by the third party vendors and service providers into the database and is not reviewed by VerticalScope.
The identification of vendors and service providers (collectively, a “Third Party”), and the provision of information related to it, appearing in the results achieved through the use of any tool or service provided by VerticalScope in this Site (including for greater certainty, the search tools and user forums), whether such information is contained on this Site or linked from this Site, should not be construed as a recommendation, approval or endorsement by VerticalScope of that Third Party or its services, or that there is an affiliation or association between VerticalScope and that Third Party or its services. All reservations noted above under the heading “General” as they apply to linked sites apply equally to the results achieved through the use of any tool or service provide by VerticalScope in or through this Site (including for greater certainty, the search tools and user forums) and to any Third Party product or service.
All transactions or communications that take place between the User and a Third Party that the User has identified through the use of this Site, including any purchase of services, take place solely between the User and that Third Party. VerticalScope is not involved in any such transactions or communications whatsoever. Any disputes arising from any such transactions or communications between Users and Third Party’s are solely matters to be resolved between those parties and in connection therewith, the User hereby agrees to release, indemnify and hold VerticalScope harmless from and against any and all claims, demands and damages of any kind arising from such circumstances.
Disclaimer of Warranty
This site and all information and other materials made available on or through this site (including without limitation the search tools and user forums) are provided ‘as is’ without representations, warranties, conditions and indemnities of any kind, either express or implied. VerticalScope disclaims all representations, warranties and conditions, expressed or implied, statutory or otherwise, including, without limitation, implied warranties and conditions of merchantability, fitness for a pArcticular purpose, uninterrupted or error-free operation, title, non-infringement or other violation of rights, or those arising out of a course of dealing or usage of trade. The site and all information and other materials made available on or through this site (including without limitation the search tools and user forums) is reasonably believed to be reliable when posted. However, VerticalScope does not provide any representations, warranties, conditions or indemnities regarding the use, validity, accuracy, completeness, timeliness, availability or reliability of, or any results of the use of, or otherwise respecting, the site or any information or other materials made available on or through this site (including without limitation the search tools and user forums) or any sites linked to or from the site. VerticalScope assumes no obligation to update the site or advise of any further developments. Information and third party information whether contained on or linked from the site may contain typographical errors and may be subject to change without notice.
Limitation of Liability
Under no circumstances shall VerticalScope be liable for any direct, indirect, special, incidental, punitive, exemplary, aggravated, economic or consequential damages, including, without limitation, loss of use, data, profit, opportunity or savings, arising out of or in any way related to the use, or the inability to use or access the site or any information or other materials available on or through the site (including without limitation the search tools and user forums) whether based in contact, tort, negligence or otherwise, even if VerticalScope or an authorized representative of VerticalScope or an authorized representative of VerticalScope has been advised of the possibility of such damages. If your use of the site or any information or other materials available on or through the site (including without limitation the search tools and user forums) results in the need for servicing, repair or correction of equipment or data, the user assumes any costs thereof. Under no circumstances shall the cumulative total liability of VerticalScope to you arising under this agreement for any cause whatsoever be greater than Cdn$10.
Certain words, phrases, names, designs or logos used on the Site constitute trade marks, service marks or trade names of VerticalScope or other entities as indicated. The display of any such marks or names on the Site does not imply that a license has been granted by VerticalScope or such other entities. VerticalScope will take all appropriate legal action necessary to fully and effectively enforce its rights, whether such rights are in respect of a trademark, service mark, copyright or any other intellectual property right or other right of VerticalScope under applicable law, as set out in this Agreement.
User’s Warranties and Representations
The User hereby represents, warrants and covenants that the use of the Site by the User has not and shall not violate any applicable local, national or international law, including, without limitation, any regulations having the force of law. The User hereby covenants not to impersonate another person in the use of the Site or the sending of any email to an address listed on the Site.
Verticalsports.com believes that the Community Forum is a valuable place for enthusiasts to exchange information and learn from one another. Like any community, the Forum is most valuable when everyone follows certain basic guidelines and rules of conduct. The Community Forum Terms of Service sets forth these Rules and Guidelines so that you know what is expected of you and what you can expect from other pArcticipants when using the Forum.
At ATV.com, we want the Community Forum to be appropriate, friendly, informative, and fun for all of our users. We want our users to utilize the forums for their enthusiasm, whether it is for questions, answers, research, chat etc. If everyone follows the Terms of Service, then the Forum will remain a fun and informative community.
When you register, you will also be asked to enter some personal information. Please keep in mind when choosing a screen name and filling out your profile that whenever you post to a message board your screen name, and a link to your profile and online status, will automatically appear with your post. (Note: Options to hide certain fields are available in the user profile.)
We may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.
In consideration of your use of the Forums, you agree that all information provided in your profile is accurate, true, current and complete. VerticalScope Inc. may terminate your account if any of the information provided is found to be inaccurate or false.
Community Forum Moderators
VerticalScope Inc. provides Moderators for the Community Forum who may provide answers to some questions. Moderators are not authorized to represent themselves on the Forum as VerticalScope Inc. employees, and do not provide official VerticalScope Inc. responses to questions. VerticalScope Inc. is not responsible for content provided by any Moderator.
Posting Content / Sending Private Messages
Parcticipation in the Community Forum is governed by the Rules of Conduct, set forth below and incorporated herein by reference. Messages sent by the Private Messages component are subject to all rules set forth in these Terms of Service. Note: Other users have the right to block Private Messages sent using the Ignore feature, or to turn off this feature altogether.
The Forum permits users to post hypertext links to content hosted and maintained by third parties. Although linked sites are not generally reviewed by Moderators, links are subject to treatment like any other type of content posted to the Forum. You may not include a link in the Forum that directs users to any content or information that, if posted in the Forum, would constitute a violation of these Terms of Service.
The linked sites are not moderated by VerticalScope Inc., are not under the control of VerticalScope Inc. and your access to any linked site is at your own risk. You should use your own judgment before you use any link or access any linked site. When leaving the Forum using any link provided by a user, you should be aware that VerticalScope Inc.’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. If you access a linked site and find that materials to be in violation of these Terms of Service, you may report the link to a moderator and/or Administrator.
VerticalScope Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the Forum. The ability to include links is provided only as a convenience to you, and the inclusion of any link by a user of the Forum does not imply affiliation, endorsement, or adoption by VerticalScope Inc. of the linked site or any information contained therein.
VerticalScope Inc. generally does not pre-screen, verify or edit the content posted by users in the Forum. However, VerticalScope Inc. and its Moderators reserve the right to investigate any violation of the Terms of Service and to take appropriate remedial action. VerticalScope Inc. has absolute discretion to enforce the terms of these documents, including, but not limited to warning users of violations, disabling or suspending Private Message privileges and/ or Forum access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Service, including the Rules of Conduct, or which is otherwise inappropriate for this Forum, harmful, objectionable, or inaccurate. If it is deemed necessary to delete content for violation of the Terms of Service, the entire thread, including the original post and all replies, may be deleted. Moderators generally will not edit users’ posts to remove content; however, at their sole discretion, they may request that a user edit a post to delete the objectionable content and resubmit it.
VerticalScope Inc. also may release information concerning your use of the Forum (including posted content, registration information, and network records) when VerticalScope Inc. believes release is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply these Terms of Service; to protect VerticalScope Inc. rights or property, or to protect VerticalScope Inc. users from fraudulent, abusive, or unlawful use of the Forum; or if VerticalScope Inc. reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
Deliberate attempts by you or someone on your behalf to evade or circumvent your suspension or termination of your rights to use the Forum violates these Terms of Service, constitutes an unlawful trespass to VerticalScope Inc. equipment and systems, and may result in legal action.
To report violations of the Forum Terms of Service, please CONTACT the Community Forum Administrator. Please include the message board name, the post’s subject, the post author screen name, the link of the post in question and any other applicable information in your email.
Rules of Conduct
By participating in the Forums, including the posting of content and sending of Private Messages, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:
- Is not consistent with the permissible uses outlined by the Terms of Service, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
- Constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by VerticalScope Inc. in its sole discretion;
- Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
- Intentionally interferes with the operation of the Forum or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
- Impersonates any person or entity, including a VerticalScope Inc. employee or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous re-mailers.
- Attacks or insults another Forum user or moderator;
- Suggests or encourages illegal activity
These Guidelines are intended to set the Forum’s tone and visitor expectations, in order to improve the Community Forum experience.
Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others. Anything you post in the Forum, you post at your own risk.
You use the Forum at your own risk. In any online forum like VerticalScope Inc. forums, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.
Please refrain from posting where you do not know the answer. Incorrect, misleading or incomplete responses do not help other users. Please feel free to respond to any post where you know the answer. Forum users have come to trust that they will get good answers. Please help build and maintain that trust.
Community Forum Moderators do not respond to every post. The Forum is a place for users to help users. Forum Moderators will review the message boards, and respond at their discretion. If you need to contact ATV.com support, please do so HERE
Be respectful of other users. Some Forum users are new to the motorcycle scene and may not have extensive knowledge of the industry. Belittling or insulting remarks are not conducive to the creation of a strong online community.
Disclaimer of Warranties and Limitation of Liability
Most of the content posted to the Forum and sent in Private Messages is provided by third parties like you. Such third-party content is the sole responsibility of the person originating that content.
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws provisions or the User’s domicile, residence, or physical location. The User hereby consents and submits to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this Agreement.
This Agreement sets forth the entire agreement between you and VerticalScope Inc. in respect of the Site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from these Terms of Service and the remaining provisions shall remain in full force and effect. Any failure by VerticalScope Inc. to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. This Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. The parties have required that this Agreement and all documents relating thereto be drawn-up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.