SoloMotoParts.com > Terms of Use

Terms of Use

Effective Date: March 19, 2015
 

1. YOUR ACCEPTANCE
Welcome to SoloMotoParts.com! Please familiarize yourself with these Terms of Use (the “Terms”) because this document is legally binding on you even if you are just browsing Solomotoparts.com (the “Site”) without making a purchase or contacting us. Our Privacy Policy also governs your use of the Site. If you do not want to accept and agree to these Terms or the Privacy Policy, you must exit the Site. Note that we may revise these Terms every once in a while whenever we feel it is appropriate, without notifying you. If you continue visiting our Site after we have published the revised Terms on this page, this constitutes your acceptance of the changes. So, please check this page periodically to take notice of any changes we made. 
 
2. INTELLECTUAL PROPERTY
a) Site Contents. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected in the U.S., and internationally, under trademark, copyright, privacy, and other intellectual property laws.  You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us.  Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users (e.g. product reviews). We take no responsibility and assume no liability for any content posted by users or any third party. 
 
b) Your Data. You are solely responsible for the content you submit through our Site. We are not a backup service and we will not be responsible for loss of your content. All of your personal data (name, e-mail address, etc.) will be processed in compliance with our Privacy Policy. All data, materials, information, ideas, images sent to us will be considered non-confidential and for free use of SoloMotoParts.com.  By sending said material you assign to us the right to use it without any obligation to acknowledge receipt or to pay any compensation. You warrant that the material you send us is not false or misleading, does not infringe any third party’s right or any law, and you remain responsible for the contents of the material. You will hold us harmless from and against any and all claims damages, losses, costs and expenses including the attorneys’ fees and court costs, arising from or related to any material submitted by you.
 
3. YOUR OBLIGATIONS
By using this Site, you represent, warrant and agree that:

a) If you place an order, you have a full capacity to form a legally binding contract. 

b) You will provide a valid payment method information when necessary and pay all sums due when due. 

c) The title to the items purchased does not transfer to you until we have received payment in full. 

d) Our Site may contain typographical errors or other inaccuracies.

e) Submission of untruthful product reviews, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site. 

f) Our maximum liability with respect to any item sold will be limited to replacing that item or refunding payment made. In no event will we be liable for indirect, incidental or consequential damages.

g) Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.

h) You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource. 

i) You will not access our Site in order to gain a competitive advantage.

j) You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.

k) All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms of Use.

l) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind. 
 
m) You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
 
4. REMEDIES FOR BREACH OF THESE TERMS
a) We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms of Use or available under equity or law. 
 
b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
 
5. SHIPPING & PROCESSING
a) Shipping. On average, orders take about 3 business days to process but can take up to 7. Certain products are marked with longer shipping times. Notifications are usually sent if we cannot order your item from the manufacturer/supplier (in the case of backordered items). Processing times do not include shipping transit times. SoloMotoParts.com does not ship on Saturdays or Sundays as we are not open on the weekends or on U.S. national holidays. All estimated shipping and processing times are in business days (not counting the weekends). UPS only delivers Monday through Friday and does not deliver to PO Boxes. If your billing address is a PO Box please provide an actual physical address in the order notes or select USPS as your shipping method. USPS delivers Monday through Saturday and has a 2-3 day average ship time to anywhere in the United States. If an order is damaged or lost by the shipping carrier please contact us immediately.
 
b) Order Acceptance. Customer's receipt of an electronic or other form of order confirmation does not signify SoloMotoParts.com's acceptance of your order, nor does it constitute a confirmation to sell. SoloMotoParts.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by SoloMotoParts.com upon our delivery of products to the shipping carrier. SoloMotoParts.com reserves the right to give you less than the requested quantity of an item. Customer agrees to allow SoloMotoParts.com to phone or e-mail in the event of suspected fraudulent activity. We may require additional verifications or information before accepting any order.
 
c) International Orders. Please see the International Orders page for more info.
 
d) Will Call/Pick Up. A will call or pick up service is not offered at this time.
 
e) Back-Ordered/Discontinued Items. Customer will be notified of items that are not available from the manufacturer/supplier. If necessary, items can be shipped in multiple packages as they become available. Dates are generally given on backordered items but these are only estimates that do not necessarily mean the item will arrive on or around that time frame. Backordered items are shipping immediately when they arrive and they will be charged when shipped (unless there are other items in the order that have already been shipped).
 
f) Phone Orders. We accept phone orders although the same system is used to process phone orders and online orders.
 
g) Refunds. Please see our Return Policy.
 
h) Product Images & Colors. Every effort has been made to display as accurately as possible the colors of our products that appear on our Site. However, the actual colors seen on screen will depend on monitor settings. SoloMotoParts.com cannot guarantee color accuracy. Product images on the Site are for representational purposes only. Actual product may vary.
 
6. PAYMENT
All payments must be made by Visa, Mastercard, Discover, American Express or through PayPal. Customer agrees to pay all fees and charges incurred in connection with purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify SoloMotoParts.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If SoloMotoParts.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SoloMotoParts.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. SoloMotoParts.com shall automatically charge and withhold the applicable sales tax for orders to be billed to addresses within California and any other states or localities deemed required.
 
7. NO RESPONSIBILITY TO MISPRICED MERCHANDISE
SoloMotoParts.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. SoloMotoParts.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SoloMotoParts.com shall immediately issue a credit refund to your credit card account in the amount of the charge.
 
8. SERVICE AND SUPPORT FOR GOODS SOLD
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
 
9. CALIFORNIA AIR RESOURCES BOARD (C.A.R.B.), LOCAL & INTERNATIONAL EMISSIONS LAWS
Aftermarket parts modifying motorcycle emission control systems including but not limited to exhausts, fuel controllers, smog block-off plates, (Racing Parts) are legal for closed-course competition use only. By purchasing from SoloMotoParts.com, you acknowledge that Racing Parts are legal only for closed-course competition racing use and You agree not to use Racing Parts on a licensed street vehicle. SoloMotoParts.com does not install or service motorcycles and, as a result, cannot verify usage of these aftermarket parts and cannot be held responsible for misuse. It is your responsibility to comply with all applicable laws..
 
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH IT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 
 
b) UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS ACTUALLY PAID FOR AN ALLEGEDLY UNSATISFACTORY ITEM. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
 
c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, product reviews, posts, articles, and images (ii) your breach of these Terms, any law or regulation, and (iii) your infringement of any intellectual property or privacy right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between you and us.
 
12. GOVERNING LAW
By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by the laws of California without regard to its conflict of laws principles which would result in application of any other law. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located Orange County, CA. 
 
13. GENERAL
a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
 
b) Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.

c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
 
d) Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
 
e) No Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
 
14. CONTACT US
Please direct your questions, comments or concerns to our customer service team.