RHMT Terms of Use
Road Horse Motorcycle Tours, LLC Terms and Conditions
This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at (520) 731-2099 or at the “contact us” link at our website: www.roadhorsemotorcycletours.com. We reserve the right to amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public viewing and will be considered upon such posting. These Terms & Conditions were last updated on 12/09/2009.
1. Introduction to Road Horse Motorcycle Tours, LLC
Welcome to roadhorsemotorcycletours.com! We are a directory listing service for motorcycle tour information and sales. This use of this listing service is free of charge to the public seeking the services of motorcycle tours and sales. Professionals listing with our service must fulfill all of the registration requirements of this site prior to being posted in our directory. Upon your registration offering your motorcycle tours and sales, you may choose your own password or Road Horse Motorcycle Tours, LLC will assign you a password to access your Road Horse Motorcycle Tours, LLC directory area through the Road Horse Motorcycle Tours, LLC Web site. All changes to your listing will not be posted until reviewed for content and approved.
2. Road Horse Motorcycle Tours, LLC Services
At Road Horse Motorcycle Tours, LLC we are committed to making your total Road Horse Motorcycle Tours, LLC experience a positive one. Our listing directory is targeted at serving the motorcycle tours and sales industry, matching specialists with customers seeking professional services. We do not guarantee that you will be able to find a specialist, in your immediate location, that meets your service needs. Although we take certain steps to examine the credentials of our listed professionals, we make no guarantees or representations regarding the skills or representations of such specialist or the quality of the job that he or she may perform for you if you elect to retain their services. Road Horse Motorcycle Tours, LLC does not endorse or recommend the services of any particular specialist, but will assist in coordinating several specialists for one large event. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a specialist, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The specialists are not employees or agents of Road Horse Motorcycle Tours, LLC, nor is Road Horse Motorcycle Tours, LLC an agent of the specialists. Road Horse Motorcycle Tours, LLC does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with specialists are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any specialist, you must address such dispute with the specialist directly, AND YOU HEREBY AGREE TO RELEASE ROAD HORSE MOTORCYCLE TOURS, LLC (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SPECIALISTS.
3. Resolution Process and Limited Service Guarantee
While we can not guarantee the work performed by a listed specialist, and while we have no obligation to you with regard to your relationship with a specialist, the Road Horse Motorcycle Tours, LLC resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of services being performed which may be the fault of a specialist who you learned about through the Road Horse Motorcycle Tours, LLC directory services. Under the circumstances more fully described herein and upon completion of all required procedures, although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and a specialist. You must participate and use good faith efforts to resolve problems through the Road Horse Motorcycle Tours, LLC resolution process. If, in its sole discretion, Road Horse Motorcycle Tours, LLC determines that you have not participated and cooperated in good faith in the resolution process, Road Horse Motorcycle Tours, LLC may terminate such Resolution Process and the Limited Service Guarantee (details). Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
4. Your Use of the Road Horse Motorcycle Tours, LLC Services
You acknowledge and agree that your use of the Road Horse Motorcycle Tours, LLC services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the Road Horse Motorcycle Tours, LLC Web site, including but not limited to specialist profiles, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of Road Horse Motorcycle Tours, LLC, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Road Horse Motorcycle Tours, LLC for any such damages, and will indemnify Road Horse Motorcycle Tours, LLC in the event of any third party claims against Road Horse Motorcycle Tours, LLC based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Road Horse Motorcycle Tours, LLC Web site and services at any time. All information about specialists is confidential and for your personal use only. If it is determined or suspected by Road Horse Motorcycle Tours, LLC in its sole discretion that you are misusing or attempting to misuse or circumvent the Road Horse Motorcycle Tours, LLC services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Road Horse Motorcycle Tours, LLC reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
5. Links to Third Party Sites
The links in the Road Horse Motorcycle Tours, LLC Web site will let you leave Road Horse Motorcycle Tours, LLCs Web site. The linked sites are not under the control of Road Horse Motorcycle Tours, LLC and Road Horse Motorcycle Tours, LLC is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Road Horse Motorcycle Tours, LLC is not responsible for webcasting or any other form of transmission received from any linked site. Road Horse Motorcycle Tours, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Road Horse Motorcycle Tours, LLC of the site.
6. Specialist Prescreening Procedures and Disclaimers
Road Horse Motorcycle Tours, LLC uses the following criteria as part of its registration enrollment process ("registration") for new specialists:
NOTE: Member specialist information confirmed at the time of enrollment may change or expire over time; while Road Horse Motorcycle Tours, LLC attempts to maintain accurate and up-todate information, and confirms changes when notified, we perform screening solely at the time the member applies for membership in the Road Horse Motorcycle Tours, LLC directory, and therefore, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a specialist you verify that information presented in the specialist's profile is still current and/or acceptable to you.
Corporate Accounts - Some specialists are employees of larger national or corporate accounts ("Corporate Accounts"). In such event, you may choose a specialist that is employed by a Corporate Account entity. The above screening criteria are not applicable to Corporate Accounts; Road Horse Motorcycle Tours, LLC does not screen the Corporate Accounts, but screens individuals. Specialist's Profiles: Road Horse Motorcycle Tours, LLC allows specialists to post profiles about themselves and their business on the Road Horse Motorcycle Tours, LLC Web site. Road Horse Motorcycle Tours, LLC does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the specialist.
The above procedures may change from time to time at the sole discretion of Road Horse Motorcycle Tours, LLC. Road Horse Motorcycle Tours, LLC believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, orcarry appropriate general liability insurance at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Road Horse Motorcycle Tours, LLC advises consumers to check these matters for themselves especially at future dates. Road Horse Motorcycle Tours, LLC does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Road Horse Motorcycle Tours, LLC checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: ROAD HORSE MOTORCYCLE TOURS, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
7. Posting Ratings & Reviews on roadhorsemotorcycletours.com
Road Horse Motorcycle Tours, LLC reserves the right, but not the obligation, to refuse to post or to remove any specialist's content or rating if Road Horse Motorcycle Tours, LLC determines (in its sole discretion) that it contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "service was not performed").
- Language that violates the standards of good taste or the standards of this Site.
- Comments concerning a different specialist.
- Information not related to work requested in the service request.
- Statements that are or appear to be false.
- Comments that disparage Road Horse Motorcycle Tours, LLC.
Further, the reviewer must provide permission to Road Horse Motorcycle Tours, LLC to contact the specialist about his or her work request. If a dispute arises between a consumer and specialist, the rating submitted may be held in pending status until resolution is reached.
Ratings & Reviews are not endorsed by roadhorsemotorcycletours.com
All Ratings and Reviews of a Specialist displayed to you, reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Road Horse Motorcycle Tours, LLC. Road Horse Motorcycle Tours, LLC disclaims any and all representations or warranties with regard to the Ratings and Reviews.
Reviews do not reflect the views of Road Horse Motorcycle Tours, LLC, its employees, officers, directors, or shareholders.
Road Horse Motorcycle Tours, LLC does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
8. Indemnification
YOU AGREE TO INDEMNIFY ROAD HORSE MOTORCYCLE TOURS, LLC, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE ROAD HORSE MOTORCYCLE TOURS, LLC SERVICES OR IN CONNECTION WITH THE ROAD HORSE MOTORCYCLE TOURS, LLC WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
9. General Provisions
You acknowledge and agree that the Road Horse Motorcycle Tours, LLC services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Road Horse Motorcycle Tours, LLCs sole obligation to you or any third party for any claim arising out of your use of the Road Horse Motorcycle Tours, LLC services or the Road Horse Motorcycle Tours, LLC Web site, is that you are free to discontinue your use of the Road Horse Motorcycle Tours, LLC services or the Road Horse Motorcycle Tours, LLC Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ROAD HORSE MOTORCYCLE TOURS, LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, AND YOU AGREE THAT ROAD HORSE MOTORCYCLE TOURS, LLC SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF ROAD HORSE MOTORCYCLE TOURS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Terms and Conditions will inure to the benefit of Road Horse Motorcycle Tours, LLCs successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Road Horse Motorcycle Tours, LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Road Horse Motorcycle Tours, LLC services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely in the State of Arizona and between Arizona residents. You agree to submit to jurisdiction in Arizona and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Pima County, Arizona.
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