Motorcycle Travel America Terms Of Service

General Information

Motorcycle Travel America, LLC. (“Motorcycle Travel America” or “we”) operates Motorcycle Travel America.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by Motorcycle Travel America include any Motorcycle Travel America-branded URL (the "Motorcycle Travel America Website"), the Motorcycle Travel America instant messaging service, the Motorcycle Travel America application developer service and other features (for example, music and video embedded players), Motorcycle Travel America mobile services, and any other features, content, or applications offered from time to time by Motorcycle Travel America in connection with Motorcycle Travel America's business (collectively, the " Motorcycle Travel America Services"). The Motorcycle Travel America Services are hosted in the United States.

Please read these terms and conditions carefully. By accessing this website you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions (also referred to as an “agreement” here) whether you are a "Visitor" (which means that you simply browse the Motorcycle Travel America Website, including through a mobile device, or otherwise use the Motorcycle Travel America Services without being registered) or you are a "Member" (which means that you have registered with Motorcycle Travel America). The term "User" refers to a Visitor or a Member. You are only authorized to use the Motorcycle Travel America Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Motorcycle Travel America Website and discontinue use of the Motorcycle Travel America Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Motorcycle Travel America Services, you must read this Agreement and indicate your acceptance during the registration process. . Your agreement is shown by accessing and using this website is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this website.

Motorcycle Travel America may modify this Agreement from time to time and such modification shall be effective upon posting by Motorcycle Travel America on the Motorcycle Travel America Website, and you are responsible for regularly reviewing and complying with them. Your continued use of the Motorcycle Travel America Services after Motorcycle Travel America posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

This Agreement includes Motorcycle Travel America's policy for acceptable use of the Motorcycle Travel America Services and Content (as defined in Section 6.1 below) posted on or through the Motorcycle Travel America Services and your rights, obligations and restrictions regarding your use of the Motorcycle Travel America Services and Content posted on or through the Motorcycle Travel America Services. In order to participate in certain Motorcycle Travel America Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Motorcycle Travel America. Unless otherwise provided by the additional terms and conditions applicable to the Motorcycle Travel America Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Please choose carefully the information you post on or through the Motorcycle Travel America Services and that you provide to other Users. Your Motorcycle Travel America profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Motorcycle Travel America Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Motorcycle Travel America assumes no responsibility or liability for this material. If you become aware of misuse of the Motorcycle Travel America Services by any person, please click on the "Contact Motorcycle Travel America” or the “Report Abuse” link at the bottom of the Motorcycle Travel America Website pages.

Motorcycle Travel America reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Motorcycle Travel America Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Motorcycle Travel America expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Motorcycle Travel America Services if Motorcycle Travel America determines, in its sole discretion, that you have violated this Agreement or pose a threat to Motorcycle Travel America and/or its Users.

PLEASE NOTE that this agreement contains important sections below, including a provision requiring you to litigate all disputes relating to your use of this website in Portland, Oregon.

Terms and Conditions of Use

1. Eligibility. Use of the Motorcycle Travel America Services and registration to be a Member for the Motorcycle Travel America Services (“Membership”) is void where prohibited. By using the Motorcycle Travel America Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Motorcycle Travel America Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Motorcycle Travel America Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Motorcycle Travel America may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.

3. Fees. You acknowledge that Motorcycle Travel America reserves the right to charge for any portion of the Motorcycle Travel America Services and to change its fees (if any) from time to time in its discretion. If Motorcycle Travel America terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Password. When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Motorcycle Travel America immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Use by Members. The Motorcycle Travel America Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Motorcycle Travel America.  Motorcycle Travel America reserves the right to remove commercial content in its sole discretion.  Illegal and/or unauthorized use of the Motorcycle Travel America Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Motorcycle Travel America Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.  Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.  Motorcycle Travel America reserves the right to take appropriate legal action for any illegal or unauthorized use of the Motorcycle Travel America Services.

6. Proprietary Rights in Content on Motorcycle Travel America.

6.1 Motorcycle Travel America does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Motorcycle Travel America Services.  After posting your Content to the Motorcycle Travel America Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.  By displaying or publishing ("posting") any Content on or through the Motorcycle Travel America Services, you hereby grant to Motorcycle Travel America a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Motorcycle Travel America Services, including without limitation distributing part or all of the Motorcycle Travel America Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Motorcycle Travel America Website.  This limited license does not grant Motorcycle Travel America the right to sell or otherwise distribute your Content outside of the Motorcycle Travel America Services.  After you remove your Content from the Motorcycle Travel America Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.  If after we have distributed your Content outside the Motorcycle Travel America Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Motorcycle Travel America Website as soon as practicable after you make the change.

6.2        The license you grant to Motorcycle Travel America is non-exclusive (meaning you are free to license your Content to anyone else in addition to Motorcycle Travel America ), fully-paid and royalty-free (meaning that Motorcycle Travel America is not required to pay you for the use on the Motorcycle Travel America Services of the Content that you post), sub licensable (so that Motorcycle Travel America is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Motorcycle Travel America Services), and worldwide (because the Internet and the Motorcycle Travel America Services are global in reach).

6.3        You represent and warrant that: (i) you own the Content posted by you on or through the Motorcycle Travel America Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Motorcycle Travel America Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Motorcycle Travel America Services.

6.4        The Motorcycle Travel America Services contain Content of Motorcycle Travel America (" Motorcycle Travel America Content"). Motorcycle Travel America Content is protected by copyright, trademark, patent, trade secret and other laws, and Motorcycle Travel America owns and retains all rights in the Motorcycle Travel America Content and the Motorcycle Travel America Services. Motorcycle Travel America hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Motorcycle Travel America Content (excluding any software code) solely for your personal use in connection with viewing the Motorcycle Travel America Website and using the Motorcycle Travel America Services.

6.5        The Motorcycle Travel America Services contain Content of Users and other Motorcycle Travel America licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Motorcycle Travel America Services.

6.6        Motorcycle Travel America performs technical functions necessary to offer the Motorcycle Travel America Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Motorcycle Travel America Services.

7.   Content Posted.

7.1        Motorcycle Travel America may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Motorcycle Travel America violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Motorcycle Travel America assumes no responsibility for monitoring the Motorcycle Travel America Services for inappropriate Content or conduct.  If at any time Motorcycle Travel America chooses, in its sole discretion, to monitor the Motorcycle Travel America Services, Motorcycle Travel America nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

7.2        You are solely responsible for the Content that you post on or through any of the Motorcycle Travel America Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8.    Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Motorcycle Travel America Services. Motorcycle Travel America reserves the right to investigate and take appropriate legal action against anyone who, in Motorcycle Travel America sole discretion, violates this provision, including without limitation, removing the offending Content from the Motorcycle Travel America Services and terminating the Membership of such violators.  Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Motorcycle Travel America :

8.1        is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.2        harasses or advocates harassment of another person;

8.3        exploits people in a sexual or violent manner;

8.4        contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

8.5        solicits personal information from anyone under 18;

8.6        publicly posts information that poses or creates a privacy or security risk to any person;

8.7        constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.8        constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

8.9        involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8.10    contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

8.11    furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

8.12    solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

8.13    involves commercial activities and/or sales without prior written consent from Motorcycle Travel America such as contests, sweepstakes, barter, advertising, or pyramid schemes;

8.14    includes a photograph or video of another person that you have posted without that person's consent;

8.15    for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or

8.16    violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the Motorcycle Travel America Website and through your use of the Motorcycle Travel America Services. Motorcycle Travel America reserves the right to investigate and take appropriate legal action against anyone who, in Motorcycle Travel America's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.  Prohibited activity includes, but is not limited to:

8.17    criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

8.18    advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Motorcycle Travel America Services.  You may not transmit any chain letters or junk email to other Members.  In order to protect our Members from such advertising or solicitation, Motorcycle Travel America reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Motorcycle Travel America deems appropriate in its sole discretion.  If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Motorcycle Travel America Services, you acknowledge that you will have caused substantial harm to Motorcycle Travel America , but that the amount of such harm would be extremely difficult to ascertain.  As a reasonable estimation of such harm, you agree to pay Motorcycle Travel America $50 for each such unsolicited email or other unauthorized commercial communication you send through the Motorcycle Travel America Services;

8.19    circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Motorcycle Travel America Services;

8.20    activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

8.21    covering or obscuring the banner advertisements on your personal profile page, or any Motorcycle Travel America page via HTML/CSS or any other means;

8.22    any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;

8.23    interfering with, disrupting, or creating an undue burden on the Motorcycle Travel America Services or the networks or services connected to the Motorcycle Travel America Services;

8.24    impersonating or attempting to impersonate another Member, person or entity;

8.25    for band, comedy, filmmaker and other profiles containing a Motorcycle Travel America player, copying the code for your Motorcycle Travel America Player and embedding it (or directing others to embed it) anywhere other than your band profile on Motorcycle Travel America ;

8.26    using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8.27    selling or otherwise transferring your profile;

8.28    using any information obtained from the Motorcycle Travel America Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

8.29    displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Motorcycle Travel America Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or

8.30    using the Motorcycle Travel America Services in a manner inconsistent with any and all applicable laws and regulations.

9.   Protecting Copyrights and Other Intellectual Property. Motorcycle Travel America respects the intellectual property of others, and requires that our users do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Motorcycle Travel America has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the Motorcycle Travel America Services in a way that constitutes copyright infringement, please send Motorcycle Travel America's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Motorcycle Travel America Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.  Motorcycle Travel America's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Motorcycle Travel America, Inc., 8391 Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 388-0892; Phone: (310) 969-2887; Attn: Copyright Agent.  Motorcycle Travel America's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here.  Motorcycle Travel America provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.

10. Member Disputes. You are solely responsible for your interactions with other Motorcycle Travel America Members. Motorcycle Travel America reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

11. Privacy. Use of the Motorcycle Travel America Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers. Motorcycle Travel America is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Motorcycle Travel America Services, whether caused by Users of the Motorcycle Travel America Services or by any of the equipment or programming associated with or utilized in the Motorcycle Travel America Services and such User Content does not necessarily reflect the opinions or policies of Motorcycle Travel America.  Profiles and third party applications created and posted by Members on the Motorcycle Travel America Website may contain links to other websites. Motorcycle Travel America is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Motorcycle Travel America.  Inclusion of any linked website on the Motorcycle Travel America Services does not imply approval or endorsement of the linked website by Motorcycle Travel America.  When you access these third party sites, you do so at your own risk. Motorcycle Travel America takes no responsibility for third party advertisements or third party applications that are posted on or through the Motorcycle Travel America Services, nor does it take any responsibility for the goods or services provided by its advertisers. Motorcycle Travel America is not responsible for the conduct, whether online or offline, of any User of the Motorcycle Travel America Services. Motorcycle Travel America assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Motorcycle Travel America is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Motorcycle Travel America Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Motorcycle Travel America Services.  Under no circumstances shall Motorcycle Travel America be responsible for any loss or damage, including personal injury or death, resulting from use of the Motorcycle Travel America Services, attendance at a Motorcycle Travel America event, from any User Content posted on or through the Motorcycle Travel America Services, or from the conduct of any Users of the Motorcycle Travel America Services, whether online or offline.  The Motorcycle Travel America Services are provided "AS-IS" and as available and Motorcycle Travel America expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Motorcycle Travel America cannot guarantee and does not promise any specific results from use of the Motorcycle Travel America Services.

13. Limitation on Liability. IN NO EVENT SHALL MOTORCYCLE TRAVEL AMERICA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MOTORCYCLE TRAVEL AMERICA SERVICES, EVEN IF MOTORCYCLE TRAVEL AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOTORCYCLE TRAVEL AMERICA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOTORCYCLE TRAVEL AMERICA FOR THE MOTORCYCLE TRAVEL AMERICA SERVICES DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls. Software available in connection with the Motorcycle Travel America Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Motorcycle Travel America Services or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.

15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon, without regard to its conflict of law provisions.  You and Motorcycle Travel America agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Motorcycle Travel America Services.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

16. Indemnity. You agree to indemnify and hold Motorcycle Travel America, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Motorcycle Travel America Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Motorcycle Travel America Services causes Motorcycle Travel America to be liable to another.

17. Other. This Agreement is accepted upon your use of the Motorcycle Travel America Website or any of the Motorcycle Travel America Services and is further affirmed by you becoming a Member.  This Agreement constitutes the entire agreement between you and Motorcycle Travel America regarding the use of the Motorcycle Travel America Services.  The failure of Motorcycle Travel America to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect. Motorcycle Travel America is a trademark of Motorcycle Travel America, Inc.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Propietary rights

Motorcycle Travel America respects the intellectual property of others and asks that our users do the same. It is the policy of Motorcycle Travel America to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you believe that your copyrighted work is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our Copyright Agent with the following information: 1) the electronic or physical signature of the owner of the copyright or of the person authorized to act on the owner’s behalf; 2) identification of the copyrighted work or other intellectual property that you claim is being infringed; 3) identification of the material that you claim is infringing; 4) identification of the URL or other specific location on the website where the material that you claim is infringing is located (please be as specific as possible); 5) your name, address, telephone number, and email address; 6) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 7) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

To contact Motorcycle Travel America on matters of infringement please contact us at info@Motorcycle Travel America.com Subject: Infringement.

Other Terms

No waiver, modification or amendment of any of these terms and conditions shall be effective against Motorcycle Travel America unless it is in writing and signed by an authorized official of Motorcycle Travel America. We do not waive any power or right under this agreement even if we don’t always insist on strict compliance with any of these terms and conditions, or if we delay or fail to exercise any power or right given to us in this agreement. <span lang="EN" style="font-size: 10pt; color: black; font-family: