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Term of Use Agreement
Please read carefully! Thank you for visiting this Web Site. The terms and conditions that apply to your access to and use of this Web Site (and the information, products and services available through this Web Site) are set forth below. By using this Web Site, you accept and agree to comply with all of the terms and conditions, which form a legally binding agreement between you and Tri Pines Holdings, LLC.(the “Terms and conditions of Use”). If you are advertising with us, you also accept and agree to comply with all of the terms and conditions of our Advertiser Agreement. These terms and conditions of use set forth the standards of use of powersportsfan.com’s online services. By using the powersportsfan.com website you (the member) agree to these terms and conditions of use. If you do not agree with these terms and conditions of use of this agreement you should immediately cease the use of this site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of use of this agreement without prior notice. All modifications, alterations and updates will go into effect immediately upon being posted at http://www.powersportsfan.com/terms_of_use.html. Your continued use of the services after amendments have been made and have been posted constitutes the acknowledgement and acceptance of the agreement and its modifications. Except as provided in this paragraph, this agreement may not me amended. Powersportsfan.com is providing its' members with the service of bringing information directly to them via email, as well as creating a group of pages containing a list of ATVing, Boating, Dirt Biking, Snowmobiling, and UTVing destinations. Along with this list are food and lodging recommendations for each destination. We do however reserve the right to cancel any unconfirmed accounts after 72 hours. The member must provide (1) All equipment necessary for their own internet connection including computer and modem and (2) provide for the member's access to the internet, and (3) pay any fees related with such connection. This site is provided by Tri Pines Holdings, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by law, Tri Pines Holdings, LLC and powersportsfan.com makes no representations or warranties of any kind. You understand that there may be delays, interruptions, and or other problems with the information, services and products on this site. Neither Tri Pines Holdings, LLC nor any of its’ owners, affiliates or licensors warrant that this site will be uninterrupted, delayed or error free, nor do they warranty the results that may be obtained from this site, or as to the accuracy, reliability or completeness of the content or any product, service or information that was made available through this site. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Tri Pines Holdings, LLC., its owners, affiliates or licensors. Also if a customer (member) feels unsatisfied with our services they may unsubscribe at any time by contacting us and simply saying I would no longer like to be a member. Powersportsfan.com and all content displayed on powersportsfan.com and all information used to provide it, including text, images, method of display and presentation, source code, and other material as well as copyrights, service marks and trademarks are owned by Tri Pines Holdings, LLC, its’ owners, affiliates, and licensors. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this web site solely for your personal and non-commercial use and as necessary in connection with the use of any services available through powersportsfan.com except as expressly authorized in this terms and conditions of use agreement, you may not modify, distribute, reproduce, display, or use this web site or any elements of it. All rights not expressly granted to you by this (terms and conditions of use agreement) are reserved to Tri Pines Holdings, LLC and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this web site as authorized hereunder. Powersportsfan.com includes certain trademarks and service marks owned by Tri Pines Holdings, LLC,its affiliates and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of the content. Reproduction, retransmission or re-presentation in any form, in part or in whole or in part, of any content, programming code, images or graphics is strictly prohibited without express written permission of Tri Pines Holdings, LLC. In addition to the foregoing prohibitions, you may not frame, squeeze back or employ other techniques to enclose or display this web site, or any trademark, service mark, logo, slogan, content or other proprietary information. Including text, page layout, form or images, included on this web site, with any other software or content of a third party. You may not us any “hidden text” utilizing the names, trademarks or service marks of Tri Pines Holdings, LLC, its owners, affiliates or licensors without their express written consent. You may not in any way try to discover any source code contained in this web site or the services offered therein. This web site may provide links or references to third party sites that Tri Pines Holdings, LLC does not own or operate and which will allow you to leave this site or open an additional browser connecting you to the third party site. Tri Pines Holdings, LLC and powersportsfan.com have no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use of it, reliance on or access to such third party sites. Any such links to third party sites are provided as a convenience to the users of this web site, and such links do not imply endorsement by Tri Pines Holdings, LLC of such other third party sites or the content of them. Tri Pines Holdings, LLC disclaims all liability with regard to your access to such linked web sites, and access to any other internet web sites linked to this site is at your own risk. You should consult the term of use and privacy policy of any other internet web site. At Tri Pines Holdings and Powersportsfan.com we do our best to make sure all advertisers are appropriate and if you feel that an advertisers content is not please contact us and let us know so we can cancel that advertiser and its advertisement. Tri Pines Holdings, LLC and Powersportsfan.com provide the material available through this site for informational purposes only. You may use the content, information, data and materials (INFO) from, and the products and services available through this site, solely for your personal use. Before you act on any information you have found on this site, you should independently confirm any facts that are important to your decision. If you rely on any information, product, or service available through this site, you expressly agree that you do so solely at your own risk. You understand that you are solely responsible for any damage or loss that you may incur that result from your use of any information, product or service. We do not guarantee or insure any item that is advertised or the completion of any transaction or collect or process payment, act as an escrow service, nor do we warehouse, store, ship or deliver any item that is advertised. Tri Pines Holdings, LLC and its owners, affiliates and licensors shall not have any liability for any errors, inaccuracies or any other defects in the information contained within this site. In no event shall Tri Pines Holdings, LLC, its’ owners, affiliates, providers or licensors be liable to you or anyone else for any damages, other than direct damages, arising out of your use of powersportsfan.com or any products, services or information available through this site including but not limited to, any special consequential, exemplary or similar damages whatsoever, including without limitation to damages for lost profits or revenues, or loss of business or data, even if Tri Pines Holdings, LLC or any other such person has advised of the possibility of such damages. (Because some states/jurisdictions don’t allow the exclusion or limitation of liability for incidental or consequential damages, some of the above listed limitations may not apply to you.) You agree to defend, hold harmless and release Tri Pines Holdings, LLC, along with its’ owners, affiliates, providers and licensors from and against any and all claims, demands, losses, damages and expenses, costs, including without limitation to, attorney’s fees, arising from or relating to, you breaching this terms and conditions of use agreement or any matter for which you are responsible or liable under this terms and conditions of use agreement, or any dispute between you and a third party, including but not limited to any other user, any advertiser. If you are a resident of the state California, you waive California civil code 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of the executing the release, which, if known by him must have materially affected his settlement with the debtor.” As a member you agree that you will receive email advertisements from powersportsfan.com and that you understand that no one is perfect and that the information you receive in these emails are subject to errors, inaccuracies or any other defects and you do not hold powersportsfan.com and Tri Pines Holdings, LLC for any of these errors, inaccuracies, or any other defects. In order to be able to purchase products or services from this site or use this site to sell a product or service, you must be at least eighteen years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion. We utilize pay pal for all purchase transactions and we recommend if you have questions about their security to check their privacy policy. You acknowledge and agree that we may preserve and store any information that you provide through this web site and may disclose this information if required to do so by law. Use of this site for spamming is strictly prohibited. By using this site, you agree to not use information concerning other users of this site, including listing information, email addresses and other information, for any purpose. You agree to use this site and the products, services, and information provided through it for lawful purposes only. Any conduct by you that we feel in our judgment and discretion restricts or inhibits any other person from using or enjoying this site will absolutely not be permitted in any way. Without limiting any other portion of this terms and conditions of use agreement, you agree that we may, in our sole discretion and without prior notice, terminate and or block your access to this web site if we determine that you have violated this terms and conditions of use agreement which may be associated with your use of this site. You agree that any and all causes of action arising from or relating to this site or the products, services, or information available on this site shall be resolved individually. If for any reason a court of competent jurisdiction finds any find any provision of this terms and conditions of use agreement to be unenforceable, all other terms and conditions shall still remain in full effect. Failure to enforce any provision of this terms and conditions of use agreement will not be deemed a waiver of future enforcement of that or any other provisions of this terms and conditions use agreement. This Terms and Conditions of Use Agreement constitutes the entire agreement between the parties regarding this subject matter. Privacy Policy Your privacy is one of our top priorities, in order to protect your privacy we provide this statement explaining the online information practices we use, the choices you can make and the way we collect and use your information. We recommend that you please read through the terms and conditions of use agreement stated above for more information about your use of this web site. You are by no means required to give us personally identifiable information in order to visit this site. You do however need to provide your name and email address in order to become a member of powersportsfan.com and to enter contests. By giving us personally identifiable information you are giving us permission to use that information for the specific purpose for which it was given and to contact you regarding new products and services. The information you give us is only for us to compile a list and to contact you with the products and information that you request, we will not share this list with any other site or person outside of powersportsfan.com, therefore you can be assured that you will not be spammed with useless information. The information you will receive will be strictly powersports related and only the powersports information you requested. Your information is an essential part of our business and we are not in the business of selling our information to unaffiliated third party companies for their commercial use. We do however employ other companies and individuals to complete tasks for us such as sending emails, analyzing data, and providing marketing assistance. They do have access to your information needed to perform their tasks, but may not use it for any other purposes. When we have promotional offers from companies we do not provide them with your information. If for some reason we were to sell our business, being as in such transactions customer information is generally one of the transferred business assets, your information would be transferred to the new owner. Although your information would still be subject to the pre existing privacy policy, unless the customer consents otherwise, but before we would do that we will send out a notice letting you know that a purchase transaction of the business was taking place and that if you did not want your information transfer you would just need to contact us and let us know. We do however sometimes use your non-personally identifiable information to monitor user traffic patterns, analyze and quantify our user’s preferences. We also use this information in order to improve the content and design of this site. All such data is the exclusive property of this web site. Although we take appropriate measures to protect against unauthorized disclosures of information, we cannot guarantee that the personally identifiable information we collect will never be disclosed or accessed by a third party in a manner that is inconsistent with this privacy policy. If for any reason you feel that you do not want to be a member of powersportsfan.com any longer all you need to do is contact us with you name and email and we will remove your information form our database and then we will send you an email letting you know that you have been removed from our database and that you are no longer a member of powersportsfan.com. If you need to change or update the information categories you selected when you signed up due to for example you bought a snowmobile and would like information about snowmobile parts and you didn’t select that category when you signed up all you need to do is contact us with the categories that you would like to add or delete from your list and we will do that and then send you a confirmation email letting you know that the changes had been made. We reserve the right to make changes to this privacy policy from time to time for any reason. Such modifications, alterations, additions, or deletions shall be effective immediately upon being posted unless otherwise indicated. We have no obligation or duty to inform prior visitors that changes have been made regardless of the importance of the changes. Therefore we strongly encourage you to check back periodically for updates. Your use of the site after such changes have been made will be deemed to constitute your agreement and acceptance of the changes. Advertiser Agreement In order to become an advertiser with us you must read through our terms and conditions of use agreement, privacy policy and this advertiser agreement and accept and agree to all. While advertising on powersportsfan.com you will not advertise inappropriate content and you will not violate any of our policies. If you do comply we reserve the right to refuse your advertisement. If you fail to deliver the goods or services purchased from you, your ad will be canceled, unless the purchaser failed to meet your posted terms. All of your ads will be reviewed by us before being posted on our site if we feel your ad violates any of our terms and conditions of use, privacy policy or this advertiser agreement we reserve the right to send the ad back for revising and we will refund your money if you do not want to advertise after your ad a been returned. You will not distribute any viruses or any other technologies that may harm Tri Pines Holdings, LLC or the interest or property of the users of Tri Pines Holdings, LLC and powersportsfan.com. You will not copy, modify, or distribute content from powersportsfan.com or collect information about our users, including email addresses without their consent. Powersportsfan.com provides a service of bring you the advertiser together with the customer but we don’t just send your ad to people who everyone including the people who have no intention of buying your products or services. We try to narrow it down for you we have our members select categories they r interested in and would like more information about. Therefore we can tell what kinds of ads to send them and we can target to groups of people who want the products and services you have to offer. When you offer goods or services you must be prepared to provide them upon the terms which you have listed them. Unless otherwise stated all prices are in U.S. Dollars. Your must complete all transactions with us before we will post your ad, therefore to make sure the process goes smoothly make sure you have everything organized to send to us when you contact us about advertising. If you need help creating an ad for you business contact us and we will create an ad for you at an additional cost. If you have any questions regarding our terms and conditions of use agreement, privacy policy, or advertiser agreement you can contact us at contact@powersportsfan.com
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