NPA Website Terms of Use

National Powersport Auctions Website Terms of Use

Last updated on: July 28, 2021

OWNERSHIP OF SITE/AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the "Terms of Use") apply to all Cycle Express, LLC dba National Powersport Auctions ("NPA") internet products, services and websites, including, without limitation, www.npauctions.com (collectively, the "Site"). The Site is the property of NPA.

When using the Site, you are also subject to any guidelines, rules, the National Powersport Auctions Dealer Terms and Conditions and any policies and/or any other terms applicable to the Site which may be posted from time to time. All these provisions are hereby incorporated by reference into these Terms of Use.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.


CHANGES TO TERMS OF USE

NPA reserves the right, at its sole discretion, to amend any of these Terms of Use, at any time by posting the revised terms on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the revised Terms of Use.

MEMBER ACCOUNT, PASSWORD AND SECURITY

If you complete NPA's member registration process, you will receive a username and password linked to your member account with NPA. It is a condition of your use of the Site that all the information you provide through the Site is current, correct, and complete. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities occurring under your username, password or account.

You must: (a) immediately notify NPA of any unauthorized use of your username, password, or account; or of any other breach of security; and (b) ensure that you exit your account at the end of each session.

TERMINATION

NPA, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site, and remove or discard any content within the Site, for any reason, including, without limitation, for lack of use, or if NPA believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. NPA may immediately deactivate or delete your account, and all related information and files in your account, and/or bar any further access to these files or the Site. NPA is not liable to you or any third-party for any termination of your access to the Site. If your account is terminated, these Terms of Use will survive the termination.

NPA’S PROPRIETARY RIGHTS

The Site contains information, data, services, products, images, software, text, graphics, user interfaces, visual interfaces, photographs, logos, trademarks, service marks, artwork, video, audio and other material (collectively, the “Content”). The Content, including, without limitation the design, arrangement and “look and feel” of the Content, is owned by, controlled by, or licensed by or to NPA and is protected by copyright, trade dress, trademark, and patent laws and other applicable proprietary rights and intellectual property or laws.

USE OF CONTENT

The Content is provided for informational purposes only and no part of the Site or Content may be linked, copied, reproduced, republished, posted, uploaded, downloaded, publicly displayed, transmitted or disturbed, in any way, for any commercial use or purpose whatsoever without NPA’s prior written consent. One copy of Content may be printed, downloaded, and reformatted solely for your personal, non-commercial informational use provided that you do not remove any proprietary notice language and you do not make any modifications to the Content.

PROHIBITED USE

You may use the Site only for lawful purposes and in accordance with these Terms of Use.

You shall not use the Site:
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To impersonate or attempt to impersonate NPA, an NPA employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by NPA, may harm NPA or users of the Site, or expose them to liability.
Additionally, you shall not:
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material or Content on the Site.
  • Use any manual process to monitor or copy any of the material or Content on the Site, or for any other purpose not expressly authorized in these Terms of Use, without NPA’s prior written consent.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
  • Otherwise attempt to interfere with the proper working of the Site.

LINKED SITES

This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and are not under NPA’s control. NPA is not responsible for and does not endorse the privacy practices, content, or materials on Linked Sites.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NPA MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY OF THIS CONTENT OR MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NPA, OR THROUGH OR FROM THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

NEITHER NPA NOR ANY INTERNET ACCESS PROVIDERS ARE RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OR ANY COMBINATION THEREOF, OR INABILITY TO ACCESS THE SITE.

LIMITATION OF LIABILITY

IF YOU RELY ON THE SITE OR ANY MATERIAL MADE AVAILABLE THROUGH THIS SITE, INCLUDING THE CONTENT, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, CONTENT, AND SERVICES PROVIDED THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, NPA AND ITS PARENT, AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS AND PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR BUSINESS, OR OTHER INTANGIBLE LOSSES (EVEN IF NPA HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTERS RELATING TO THE SITE.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless NPA, and its parent, affiliates and subsidiaries and their respective employees, agents, officers, directors, licensors and providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your violation of these Terms of Use; or (ii) from your use of the Site, including, without limitation, any use of the Content, services, and/or products.

GENERAL INFORMATION

The Terms of Use and the relationship between you and NPA is governed by the laws of the State of Texas without regard to its conflict of law provisions. You and NPA shall submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, in the state of Texas. The failure of NPA to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of the right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or to the Terms of Use must be filed within one year after the claim or cause of action arose or will be forever barred.