Terms of Use
The following describes the terms on which Bad Dad Custom Motorcycle Finishes offers you access to our services. |
IntroductionWelcome to Bad Dad Custom Motorcycle Finishes. By using the services on the Bad Dad Custom Motorcycle Finishes websites (BadDad.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with Bad Dad Custom Motorcycle Finishes Inc. and the general principles for the websites of our subsidiaries and international affiliates. Before you may become a member of Bad Dad Custom Motorcycle Finishes, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Bad Dad Custom Motorcycle Finishes-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. This Agreement is effective on February 28, 2009, for current users, and upon acceptance for new users. |
Using Bad Dad Custom Motorcycle FinishesWhile using Bad Dad Custom Motorcycle Finishes, you will not:
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Abusing Bad Dad Custom Motorcycle FinishesBad Dad Custom Motorcycle Finishes and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Bad Dad Custom Motorcycle Finishes works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify us at abuse@baddad.com and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. |
Fees and ServicesJoining Bad Dad Custom Motorcycle Finishes is free. We do charge fees for using other services, such as processing feew. We may choose to temporarily change the fees for our produtcs for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event, product, or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) |
ContentWhen you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your Bad Dad Custom Motorcycle Finishes listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights. |
LiabilityYou will not hold Bad Dad Custom Motorcycle Finishes responsible for other users' content, actions, or inactions. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. |
ReleaseIf you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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 executing the release, which if known by him must have materially affected his settlement with the debtor." |
Access and InterferenceThe sites contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Bad Dad Custom Motorcycle Finishes by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not:
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PrivacyWe do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Bad Dad Custom Motorcycle Finishes Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Bad Dad Custom Motorcycle Finishes Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. |
IndemnityYou will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. |
No AgencyNo agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. |
NoticesExcept as explicitly stated otherwise, legal notices shall be served on Bad Dad Custom Motorcycle Finishes's national registered agent (in the case of Bad Dad Custom Motorcycle Finishes) or to the email address you provide to Bad Dad Custom Motorcycle Finishes during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. |
Resolution of DisputesIf a dispute arises between you and Bad Dad Custom Motorcycle Finishes, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Bad Dad Custom Motorcycle Finishes agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
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GeneralBad Dad Custom Motorcycle Finishes Inc. is located at 6931 Quemetco Court, Fort Wayne, IN 46803. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Bad Dad Custom Motorcycle Finishes Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes. |