MOTOVADER.COM WEB SITE TERMS AND CONDITIONS OF USE
1. Motovader.com is wholly owned by Kodien, LLC. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License Permission is granted to temporarily download one copy of the materials (information or software) on Kodien, LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Kodien, LLC's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kodien, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer The materials on Kodien, LLC's web site are provided "as is". Kodien, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kodien, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations In no event shall Kodien, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Kodien, LLC's Internet site, even if Kodien, LLC or a Kodien, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata The materials appearing on Kodien, LLC's web site could include technical, typographical, or photographic errors. Kodien, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Kodien, LLC may make changes to the materials contained on its web site at any time without notice. Kodien, LLC does not, however, make any commitment to update the materials.
6. Links Kodien, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kodien, LLC of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law Any claim relating to Kodien, LLC's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Kodien, LLC
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Kodien, LLC's sole discretion, and unless otherwise agreed to by Kodien, LLC, payment must be received by Kodien, LLC prior to Kodien, LLC's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Kodien, LLC Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Kodien, LLC may invoice parts of an order separately. Orders are not binding upon Kodien, LLC until accepted by Kodien, LLC Any quotations given by Kodien, LLC will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Kodien, LLC's invoice(s). Unless Customer provides Kodien, LLC with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Kodien, LLC's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Kodien, LLC's franchise taxes and taxes on Kodien, LLC's net income. If applicable, a separate charge for taxes will be shown on Kodien, LLC's invoice.
5. Title; Risk of Loss. Title to products passes from Kodien, LLC to Customer on shipment from Kodien, LLC's facility. Loss or damage that occurs during shipping by a carrier selected by Kodien, LLC is Kodien, LLC's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
6. Warranties, Disclaimers. Kodien, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
7. Return Policies. Kodien, LLC products that are purchased directly from Kodien, LLC by an end-user Customer may be returned by Customer in accordance with Kodien, LLC's Return Policy in effect on the date of the invoice.
8. Products. Kodien, LLC's policy is one of on-going product update and revision. Kodien, LLC may revise and discontinue products at any time. Kodienreserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
9. Limitation of Liability. Kodien, LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. Kodien, LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
10. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Kodien, LLC, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Kodien, LLC") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Kodien, LLC's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Kodien, LLC The arbitration shall be held in Maricopa County, CALIFORNIA at the office of Kodien, LLC, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
11. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Kodien, LLC has separate terms and conditions governing resales.
12. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
13. Acceptance. By ordering any product from Kodien, LLC, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the Kodien, LLC site.