User Access

Please Read Carefully Before Using This Website:

Market World, LC maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the  Motorcycle Thunder (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes To Terms

Market World, LC may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Market World, LC  makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy <provide hyperlink>. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Market World, LC  shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Market World, LC  is strictly prohibited.  PDF files and content published upon may be used as needed without modification of the article published unless specifically restricted.

5. Copyrights and Trademarks

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Market World, LC ’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Market World, LC  .

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Market World, LC. You may not use a part of this Website on any other Website, without Market World, LC  ’s prior written consent. Webmasters must register their usage of RRS submissions received for re-publication from Market World, LC. 

Market World, LC  respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Market World, LC  is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the contact resources found on website.

6.  Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only.  However, Market World, LC  does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Market World, LC’s website and the products and services Market World, LC  offers.  If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Market World, LC reserves the right to terminate any link or linking program at any time. Market World, LC  disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without Market World, LC  ’s written permission. If you are interested in linking to this Website, please contact us using the email form.  In some cases, RSS feeds may be granted for use on other websites with registration.

7.  No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to Market World, LC  that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8.  Spamming

Gathering email addresses from Market World, LC  through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with Market World, LC should be directed using the email form. 

9.  No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH  Motorcycle Thunder EXPRESSLY DISCLAIMS.  Motorcycle Thunder DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND  Motorcycle Thunder WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE.  Motorcycle Thunder  MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY  Motorcycle Thunder.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10.  Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of Kansas, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with Market World, LC.  Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Market World, LC..

12.  DMCA  Copyright Policy and Copyright Agent

Market World, LC respects the intellectual property rights of others.  If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

(i)         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii)   Identification of the copyrighted work claimed to have been infringed.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(iv)       Address, telephone number, and, if available, an electronic mail address where we may contact you.

(v)        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13. U.S. Resident

You represent that you are a United States resident when submitting content for publishing.

14. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

15. Users Disputes

You are solely responsible for your interactions with other Users. Market World, LC reserves the right, but has no obligation, to monitor disputes between you and other Users.

16. User Submissions and Communications; Public Areas:

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Market World, LC or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Market World, LC by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Market World, LC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Market World, LC may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Market World, LC by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed.  Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Market World, LC has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

Market World, LC reserves the right (but is not obligated) to do any or all of the following:

(a)    Record the dialogue in public chat rooms.

(b)   Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c)    Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

(d)   Terminate a Member's access to any or all Public Areas and/or the [Company Name] Site upon any breach of these Terms of Use.

(e)    Monitor, edit, or disclose any communication in the Public Areas.

(f)    Edit or delete any communication(s) posted on the [Company Name] Site, regardless of whether such communication(s) violate these standards.

Market World, LC  reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Market World, LC has no liability or responsibility to users of the  Motorcycle Thunder Website or any other person or entity for performance or nonperformance of the aforementioned activities.

17. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Market World, LC confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Kansas,  USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

18.  Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Market World, LC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Market World, LC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY [Company Name]. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

19. Indemnity

You agree to defend, indemnify, and hold Market World, LC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

20. Accounts And Security

Market World, LC does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Market World, LC with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

(a)    select or use a Login Name of another person with the intent to impersonate that person;

(b)   use a name subject to the rights of any other person without authorization;

(c)    use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Market World, LC of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Market World, LC’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us using the email form.

20 EVENTS  Waver of Liability

Unless otherwise stated, individuals or groups involved in any travel event are responsible for their own evaluation of transportation routes and take responsiblity for any travel safety relating to transportation.   Use of any information from this website shall be in consent to Waver of Liability relating to injury or accident in participating in any event.

 

Privacy Policy

 Motorcycle Thunder

Effective and Last Updated: October 6, 2012

 

This website is owned and operated by Market World, LC.  We are committed to protecting the privacy of our visitors while they interact with the content, products and services on this site (the “Site”).  This Privacy Policy applies to the Site only. It does not apply to other websites to which we link.  Because we gather certain types of information about our users, we want you to understand what information we collect about you, how we collect it, how that information is used, and how you can control our disclosure of it. You agree that your use of the Site signifies your assent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Site.

1)  Information Collected

We collect two types of information from you: i) information that you voluntarily provide to us (e.g. through a voluntary registration process, sign-ups or emails); and ii) information that is derived through automated tracking mechanisms.

·         Voluntary Information for Services and We [also] collect personally identifiable information when you choose to use certain other features of the Site, including: i) making purchases, ii) consenting to receive email or text messages about upcoming promotions or events, iii) consenting to receive email, iv) participating in our forum, iv) commenting on articles, and others. When you choose to use these additional features, we require you to provide your “Contact Information” in addition to other personal information that may be required to complete a transaction such as your phone number, billing and shipping addresses and credit card information.  Occasionally, we may also request information such as your shopping preferences and demographics which will help us better serve you and our others users in the future.

·         Cookies

Third-Party Cookies or Real Simple Syndication:  In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique "cookie" on your browser.  In addition, your submissions may be associated with RSS technology, allowing webmasters to add publications to their websites.

2)  Referrals

You may choose to invite friends to join the  Motorcycle Thunder by sending invitation emails via our invite feature.  Motorcycle Thunder stores the email addresses you provide so that the respondents may be added to your social network, confirm orders/purchases and also to send reminders of the invitations.  Motorcycle Thunder does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. Recipients of invitations may contact  Motorcycle Thunder to request removal of their information from our database.  

3)  How We Use Your Information

 Motorcycle Thunder only uses your personal information for the original purposes it was given. Your personal information will not be sold or otherwise transferred to unaffiliated third parties without your approval at the time of collection.

 Motorcycle Thunder will not disclose, use, give or sell any personal information to third parties for any purposes other than to our suppliers and other third parties who need to know in order to deliver services on behalf of  Motorcycle Thunder unless required to do so by law. Further,  Motorcycle Thunder reserves the right to contact you regarding matters relevant to the underlying service provided and/or the information collected.

Please note that personally identifiable information is used only to provide you with a more enjoyable, convenient online experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and its features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site.

 Motorcycle Thunder may use your personal information for target advertising toward you based on things such as region, gender, interests, goals, habits, etc.

We may permit certain trusted third parties to track usage, analyze data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring Web site (if any) and other parameters in the URL. This is collected in order to better understand our Web site usage, and enhance the performance of services to maintain and operate the Site and certain features on the Site. We may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

 

 Motorcycle Thunder as well as any affiliated websites may disclose Contact Information in special cases where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities.

WE ARE NOT LIABLE OR RESPONSIBLE FOR THE PERSONALLY IDENTIFIABLE OR OTHER INFORMATION YOU CHOOSE TO SUBMIT IN FORUMS SUCH AS A BULLETIN BOARD, CHAT ROOM OR ANY OTHER PUBLICLY ACCESSIBLE AREA OF THE SITE.

You will receive notice when your personally identifiable information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information.

We use non-identifying and aggregate information to better design our website and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.

 

4) How We Protect Your Information

We are committed to protecting the information we receive from you. We take appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.

5) Third Party Advertising

Advertisements appearing on this Site may be delivered to you by  Motorcycle Thunder or one of our Web advertising partners. Our Web advertising partners may set cookies. Doing this allows the advertising partners to recognize your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows an advertising partner to deliver targeted advertisements that they believe will be of most interest to you.  Motorcycle Thunder does not have access to or control of the cookies that may be placed by the third party advertising servers of ad partners.  

This privacy statement covers the use of cookies by  Motorcycle Thunder and does not cover the use of cookies by any of its advertisers.  

6) Accessing and Updating Your Personal Information and Preferences

We provide mechanisms for updating and correcting your personal information for many of our services.  If you are a registered user, you may access and update your registration information and your preferences to receive email or other communications from us by sending an email to usacowboyeditor@usacowboy.com.

7) Email Choice/Opt-out

If any user who receives an email from the Site and would prefer not to receive such communications in the future, [he or she] can do so by following the instructions in the emails.  In addition, you may send an email to usacowboyeditor@usacowboy.com. We will make commercially reasonable efforts to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.

8) Children's Privacy and Parental Controls

We do not solicit any personal information from children. If you are not 18 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that can be used to prevent children from submitting information online without parental permission or from accessing material that is harmful to minors.

9) Disclaimer to Security

By consenting to the Terms and Conditions of the Site and hence the Privacy Policy, you consent that no data transmission over the Internet is completely secure. We cannot guarantee or warrant the security of any information you provide to us and you transmit such information to us at your own risk.

10) Notification of Changes

 Motorcycle Thunder reserves the right to change this Privacy Policy from time to time at its sole discretion. If at some point in the future, there is a change to our Privacy Policy, unless we obtain your express consent, such change will only apply to information collected after the revised Privacy Policy took effect. Your continued use of the Site indicates your assent to the Privacy Policy as posted.

11)  CONTACT INFORMATION:

If you have any questions or concerns regarding this Privacy Policy please contact:

 Motorcycle Thunder, Market World, LC.

PO Box 75074, Wichita, KS  67275

 

Advertisement Maintenance Agreement

SAMPLE

 

This Website Maintenance Agreement (the “Agreement”) is made and entered on _____________________________________________, ___________, by and between _________________________________________________________ (“Client”) and __________________________________________________________ (“Consultant”) (collectively referred to as the “Parties”).  Client’s current website address, if any, is: www.________________

 

 

The Parties agree as follows:

 

  1. SERVICES:  Client shall engage Consultant for the maintenance of its currently, existing world wide web billboard  (the “Site”) located at the following web address http://www.USAcowboy.com or as designated (the “URL”) for a maximum of .1 hours per month (an hourly maintenance rate of $_35.00 per hour will be applied after that).  Such services to be described in greater detail below (the “Services).  This service is optional on the part of Market World, LC.   The following services may be used as needed for the creation, updating, and general maintenance of the billboard (known below as “pages or “Site.”)
  2.  

A.  Content.  Upon Client request, Consultant will edit, revise, update or create new content on Client’s existing pages.

 

B. Consultation.  Consultant will provide Client, upon Client request, consultation which includes, but is not limited to, any and all internet orientation, trouble shooting, marketing strategy, and education regarding use of a web page editor.

 

C.  Disaster Recovery.  Provide disaster recovery from backup and maintain a current file library of all assets, graphics, source code and revision history of the Site.

 

D.  Confer With Vendors and Affiliates.  Consultant will, in matters relating to the Site (except billing and accounting matters), confer with Client’s software and or hardware engineers, ISP host, and any other service entities.

 

E.  Fixes/Updates.  Consultant will, as necessary, fix/update technical errors on the Site.

 

F.  Update Links.  Consultant will, as necessary, update any links on the Site.

 

G.  Custom/Advanced Coding.  Consultant will maintain any custom coding or custom scripts already existing on the Site.  Consultant assumes that these codes and scripts are installed and currently running properly on the Site.

 

H.  Additional Services.  Additional services provided by Consultant to Client are listed on Exhibit A attached hereto.

 

Consultant is not responsible for any of the following services (the “Non-Included Services”):  i) the development of new custom graphics, scripts, fonts or other elements for the Site unless expressly described above, ii) _______________________________________________________________ _______________________________________________________________.  A fee of $__________ per hour will be charged for any Non-Included Service requested by Client.
 

 

2.   AUTHORIZATION.  If applicable, Client hereby authorizes Consultant to access the Site’s hosting account located on the following ISP’s host computer: ______________________________________________ (the “ISP”).  Client further instructs the ISP to provide Consultant with access to any directories or other programs, which need to be accessed for the completion of the Services pursuant to this Agreement.

 

3.   COMPENSATION:  For the Services contemplated in this Agreement, Client will pay Consultant a fee of $________________ per month.  This fee does not include the Non-Included Services described in Section 1 of this Agreement. Payment shall be made as follows:

 

[ ]  Payment of the fee by Client shall be due __________ (___) days after receipt of an invoice by Client from Consultant.

 

[ ]  $__________ every ____________ (e.g. week, month, etc.), to be paid on the _________ day of the ____________.

 

[ ]  other: ____________________________________________________

 

 

4.   TERM:  The original term of this Agreement shall be for __________ months beginning on _____________, 20__.  This Agreement will automatically renew for additional three month periods at the end of each existing term if neither Client nor Consultant receives notification of termination from the other party.  A notification of termination must be received by the non-terminating party no less that ________ days before the end of the existing term. 

 

5.   EXPENSES:  Client agrees to reimburse Consultant for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement including, but not limited to, special graphics, special photography, special software, special fonts, etc.

 

6.   INDEPENDENT CONTRACTOR.  Consultant is an independent contractor and not an employee of the Client, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of the Client.

 

7.   CONFIDENTIALITY:  Consultant acknowledges that he/she may have access to Client’s confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Client may designate as confidential (“Confidential Information”).  Consultant agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, written consent of such a disclosure.  In addition, Consultant will use his/her best efforts to prevent any such disclosure.  Confidential Information will not include information that is in the public domain, unless such information falls into the public domain through Consultant’s unauthorized actions.

 

8.   OWNERSHIP OF PREPARED MATERIALS:  Except those items described below, all materials prepared by Consultant for Client (the “Prepared Materials”) shall be considered the exclusive property of Client.  Consultant hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client.  The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement (“Pre-existing Materials”).  Consultant hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials.  Client acknowledges and agrees that Consultant may include the Site, specific pages from the Site and/or any of the other Prepared Materials for the Site, in Consultant’s portfolio.

 

9.   CLIENT REPRESENTATIONS.  Client represents and warrants that the text, graphics, and photographs provided to Consultant for the Site are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by this Agreement.  Client shall be solely responsible for the Site and materials on the Site and the validity of copyrights, trademarks and ownership claimed by Client.  Client agrees to indemnify and hold Consultant harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, iii) any errors or omission on the Site, or iv) any claim, suit, penalty, tax or tariff arising from Client’s use of the internet or electronic commerce .

 

10.  EARLY TERMINATION:  This Agreement may be terminated early by either party if non-terminating party fails to perform his/her duties or materially breaches any obligation in this Agreement.

 

11.  RETURN OF PROPERTY:  Upon termination of the Services, Consultant will promptly return to Client all drawings, documents and other tangible manifestations of the Confidential Information (and all copies and reproductions thereof).  In addition, Consultant will return any other property belonging to Client including without limitation: computers, office supplies, money and documents.

 

12.  CONTINUING OBLIGATIONS:  Notwithstanding the termination of this Agreement for any reason, the provisions of Sections 7, 8 and 9 of this Agreement will continue in full force and effect following such termination.

 

13.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

 

14.  CUMULATIVE RIGHTS: The Parties’ rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

 

15.  WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

 

16.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any court of competent jurisdiction deems any provision of this Agreement invalid or unenforceable, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

 

17.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Client and Consultant.

 

18.  NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

 

Client:                                                                   Consultant:

 

________________________________              Market World, LC

________________________________              P.O. Box 75074

________________________________              Wichita, KS 67275

 

Either party may change such addresses from time to time by providing notice as set forth above.

 

19.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above.

 

 

Website Design and Media Implementation Agreement

[SAMPLE ONLY]

 

This Website Design Agreement (the “Agreement”) is made and entered on _____________________________________________, ___________, by and between ___________________________________________________________ (“Client”) and __________________________________________________ (“Designer”) (collectively referred to as the “Parties”).  Client’s current website address, if any, is: www.KansasBusinessNetwork.COM (the “URL”). 

 

The Parties agree as follows:

 

1.       SERVICES:  Client shall engage Designer for the specific project of developing and/or improving a world wide website (the “Site”) to be installed on the client’s web space, if any, located on its computer or an ISP’s computer.  Such services to be described in greater detail below (the “Services”):

 

A.    Email/Phone Consultation.  Designer will provide Client up to .3 total hours of general orientation which includes, but is not limited to, any and all internet orientation, marketing strategy, and education regarding use of a web page editor.  Additional consultation may be purchased at Designer’s hourly rate of $35.00 per hour.

 

B.     Billboard / Advertisement Design.  Designer will provide Client up to 1 Billboard / Graphic Display Advertisement (not including audio or video, or voice-over sound incorporation). Further specifications for the Pages are listed in Exhibit A attached hereto.

 

C.    Domain Name Registration/Reservation.   Designer will reserve and register, on behalf of Client, the domain name(s) listed on Exhibit B attached hereto, if such domain name(s) are available. Third-level domains are also available for registration.  Designer is not responsible if such name(s) is unavailable for any reason.  Client is responsible for all domain name fees and registration costs.

 

D.    Links.  Designer will provide Client up to 2 links to external pages or media.

 

E.     Custom Graphics.  Designer will provide Client with the following graphics (the “Custom Graphics resembling examples of technique provided on the  Motorcycle Thunder website.

 

F.     Web Page Installation.  Designer will install the Billboard on the ISP’s Host Computer. 

 

G.    Registration. Designer will at option register the resources with RSS networks as appropriate. Any registration costs or fees are the responsibility of Client.

 

H.    Revisions/Updates.  Designer will provide Client with 1 free revisions/updates within a 1 month period after the installation of the Billboard.  The purpose of the revisions and updates is to: i) make cosmetic adjustments to the Pages and ii) correct any errors; however, they are not for the purpose of make material changes to the Billboards. Additional consultation, revisions and maintenance may be purchased at Designer’s hourly rate of $35.00 per hour, including audio and video editing. 

 

2.   AUTHORIZATION.  If applicable, Client hereby authorizes Designer to access the Site’s hosting account located on the following ISP’s host computer: Market World Domain (representing the “ISP”).  Client further instructs the ISP to provide Designer with access to any directories or other programs, which need to be accessed for the completion of the Services pursuant to this Agreement.

 

3.   COMPENSATION:  For the Services contemplated in this Agreement, the Client will pay Designer a fee of $10.00.  This fee does not include the production of any additional pages, additional photos, or additional graphics not described in Section 1 of this Agreement. Hosting and domain name leasing rates will vary based upon the nature of the publication.   The actual amounts for specific services are found under Service Compensation.  Payment shall be made as follows [check the appropriate box]:

 

[ ]  _________% at the signing of this Agreement and _________% upon Completion of the Services.

 

[ ]  upon Completion of the Services.

 

[ ]  other: _______________________________________________

 

“Completion of the Services” means the earlier of:  i) upon approval of the Site by Client after the Site has been uploaded to a temporary or permanent site on the Client’s or the ISP’s host computer, or ii) ____ days after the site has been uploaded to a temporary or permanent site on Client’s or ISP’s host computer for approval by Client if Client has not notified Designer of its approval or disapproval of the Site.

 

4.   TIME OF COMPLETION:  Designer will take all reasonable actions to complete the Services within 30 days of receiving all requested materials for development..  However, Client acknowledges that delays in Designer receiving materials from Client or a third party may slow completion of the Services.

 

5.   EXPENSES:  Client agrees to reimburse Designer for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement including, but not limited to, special graphics, special photography, special software, special fonts, etc.

 

6.   INDEPENDENT CONTRACTOR.  Designer is an independent contractor and not an employee of the Client, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of Client.

 

7.   CONFIDENTIALITY:  Designer acknowledges that he/she may have access to Client’s confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Client may designate as confidential (“Confidential Information”).  Designer agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, written consent of such a disclosure.  In addition, Designer will use his/her best efforts to prevent any such disclosure.  Confidential Information will not include information that is in the public domain, unless such information falls into the public domain through Designer’s unauthorized actions.

 

8.   OWNERSHIP OF PREPARED MATERIALS:  Except those items described below, all materials, including the Pages and Custom Graphics, prepared by Designer for Client (the “Prepared Materials”) shall be considered the exclusive property of Client.  Designer hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client.  The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement (“Pre-existing Materials”).  Designer hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials.  Client acknowledges and agrees that Designer may include the Site, the Pages or any of the other Prepared Materials in Designer’s portfolio.

 

9.   CLIENT REPRESENTATIONS.  Client represents and warrants that the text, graphics, and photographs provided to Designer for the Site are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by this Agreement.  Client shall be solely responsible for the Site and materials on the Site and the validity of copyrights, trademarks and ownership claimed by Client.  Client agrees to indemnify and hold Designer harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, or iii) any claim, suit, penalty, tax or tariff arising from Client’s use of the internet or electronic commerce .

 

10.  TERMINATION OF CONTRACT:  In the event Client cancels or terminates this Agreement before Completion of the Services, Designer shall be paid by Client pro rata for all completed work and the payment of any authorized expenses.

 

11.  RETURN OF PROPERTY:  Upon termination of the Services, Designer will promptly return to Client all drawings, documents and other tangible manifestations of the Confidential Information (and all copies and reproductions thereof).  In addition, Designer will return any other property belonging to Client including without limitation: computers, office supplies, money and documents.   There must be indication of those items needed to be returned at the time of presentation.

 

12.  CONTINUING OBLIGATIONS:  Notwithstanding the termination of this Agreement for any reason, the provisions of Sections 7, 8 and 9 of this Agreement will continue in full force and effect following such termination.

 

13.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

 

14.  CUMULATIVE RIGHTS: The Parties’ rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

 

15.  WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

 

16.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

 

17.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Client and Designer.

 

18.  NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

 

 

 

Client:                                                                   Designer:

 

________________________________              ______________________________

________________________________              ______________________________

________________________________              ______________________________

 

 

Either party may change such addresses from time to time by providing notice as set forth above.

 

19.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.

 

 

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above.