PLEASE CAREFULLY READ THE TERMS & CONDITIONS APPEARING BELOW. YOU MUST ACCEPT THESE TERMS & CONDITIONS BEFORE YOU WILL BE PERMITTED TO VIEW SEARCH RESULTS. BY CLICKING “ACCEPT” AT THE BOTTOM OF THIS PAGE, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, CLICK THE “CANCEL” BUTTON AND RETURN TO THE OWNER HOME PAGE. ONCE YOU CLICK “ACCEPT” AND YOUR CREDIT CARD IS VERIFIED, YOU WILL BE ABLE TO VIEW YOUR SEARCH RESULTS. BY CLICKING THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS & CONDITONS. WWW.HOGSELLERS.COM RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
This website is owned and operated by Hogsellers, LLC (“Website Owner”;). As a user of this website and any service it provides you agree to be bound by these Terms & Conditions.
Information retrieved from this website (“Search Results”) is for personal use only. Search results may be used solely in connection with your advertisement of sales of certain property, including motorcycles, and your procurement of certain advertised property, including motorcycles. If you are conducting a search for your own personal use, all of the paragraphs contained in these Terms & Conditions shall apply to you, with the exception of Paragraph 3. (which applies to personal advisors). If you are a personal advisor conducting a search on behalf of another person for that person’s own personal use, all of the paragraphs contained in these Terms & Conditions shall apply to you, with the exception of Paragraph 2.
You may share your Search Results with your own personal advisors. However, neither you nor your personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way your Search Results, in whole or in part, unless required by law. You will be responsible for any breach by any of your personal advisors of any obligation in these Terms & Conditions. You acknowledge that the Search Results are subject to the copyright and other proprietary rights of Website Owner, and you will not commit or permit any act or omission that would impair such rights.
If you are a personal advisor conducting a search on behalf of an individual or group of individuals acting together (such as a husband and wife) (referred to herein as the “Client”) in order to assist the Client in connection with the advertisement of certain property including motorcycles, and the procurement thereof, you may share the Search Results with your Client, and you may permit your Client to share the Search Results with your Client’s other personal advisors. However, neither you, your Client, nor your Client’s other personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way your Search Results, in whole or in part, unless required by law. You will be responsible for any breach by your Client or your Client’s personal advisors of these Term & Conditions. You acknowledge that the Search Results are subject to the copyright and other proprietary rights of Website Owner, and you will not commit or permit any act or omission that would impair such rights.
You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on www.hogsellers.com. You understand that www.hogsellers.com and Website Owner do not perform psychological testing or background checks on the individuals who may use the www.hogsellers.com services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by www.hogsellers.com, which includes, but is not limited to exchanging e-mail first before giving out any personal information and meeting in a public place.
WEBSITE OWNER DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY IT OR ANY ITEMS OR PROPERTY ADVERTISED OR SOLD. ALL SUCH SEARCH RESULTS AND ADVERTISEMENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
THE PRICES CHARGED BY OWNER ARE BASED UPON OWNER’S EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE SEARCH RESULTS OR ADVERTISEMENTS WILL BE BORNE SOLELY BY THE USER, AND NOT OWNER. OWNER SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY OWNER’S ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE INFORMATION PROVIDED BY IT. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, EVEN IF WEBSITE OWNER WAS GROSSLY NEGLIGENT, WAS ADVISED OF SUCH POSSIBILITY OF DAMAGES, OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IF, NOTWITHSTANDING THE PRECEDING SENTENCE, LIABILITY IS IMPOSED ON OWNER, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE WEBSITE OWNER FOR SUCH INFORMATION.
The information provided by Website Owner will continue to be the exclusive property of Website Owner. Except as expressly provided in paragraph 2. or 3. above (whichever is applicable), this transaction shall not be deemed to convey any right, title, or interest, including patent, copyright, or other proprietary right, in or to such information. The programs and software which operate this website are confidential trade secrets of Website Owner and, therefore, you agree not to modify the programs or any embodiment thereof or attempt to decipher, decompile, disassemble, or reverse engineer the programs or software or any embodiment thereof.
www.hogsellers.com and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site. Website Owner also reserves the right to remove any post it deems, in its sole discretion, to be commercial in nature (i.e., posts by commercial vehicle dealers) or posts which appear, in Website Owners sole discretion, to be stale,
or any other posts it deems, in its sole and absolute discretion, to be improper or inappropriate for its site or business purposes.
If you post a vehicle for sale on this site, you are required to remove the posting after the vehicle is sold or otherwise no longer available or offered.
It is possible that other www.hogsellers.com clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of www.hogsellers.com, have access to personal information about you, including but not limited to phone numbers, email addresses, physical addresses, bank account numbers, birthdates, and other sensitive personal information. www.hogsellers.com, Website Owner, its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
You will indemnify, defend, and hold Website Owner and its subsidiaries and affiliates (collectively, the “Indemnitees”) harmless from and against any and all claims and expenses, including reasonable attorney’s fees, which may be asserted against or incurred by the Indemnitees based upon your use of this website or the Search Results.
Website Owner makes reasonable efforts to ensure this site is secure. However, you acknowledge by using this site that any website may subject to criminal acts, such as “hacking,” insertion of malicious code (i.e. “viruses,” packet interference, redirects, etc.) and ransom ware and other such criminal activity. By using this site you agree to release Website Owner and its subsidiaries and affiliates (collectively, the “Indemnitees”) harmless from and against any and all claims and expenses, including reasonable attorney’s fees, which may be asserted against or incurred by the Indemnitees based upon your use of this website or the Search Results, including your computer or network being “infected” or compromised by such malicious code.”
You certify that you are at least 18 years of age and that your answers to the registration materials on www.hogsellers.com will be truthful. In accessing and using www.hogsellers.com, you understand and agree that basic information concerning you, given to www.hogsellers.com, will be published on the website for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
These Terms & Conditions constitute the entire agreement between the parties and supersedes any other communications, whether written, oral, electronic, or otherwise, with respect to the subject matter of these Terms & Conditions. These Terms & Conditions may not be amended, modified, or waived orally, but only if done so in writing. Any changes to these Terms & Conditions will be effective from and after the date that the same are delivered to you by e-mail or regular mail. If any of these Terms & Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining Terms & Conditions shall remain in full force and effect. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
These Terms & Conditions will be governed by and interpreted under the laws of State of Montana applicable to contracts made and to be performed therein. Any dispute arising out of or relating to these Terms & Conditions shall be resolved in a binding arbitration conducted under the auspices of the Montana Uniform Arbitration Act at Mont. Code Ann. § 27-5-111, et. seq., in Missoula County, Montana.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Website Owner as a result of these Terms & Conditions or your use of the website.