Last Updated: 09/15/2024.
The terms “Motobilia,” “we,” “us,” and “our” refer to Motobilia.com, Inc. and the terms “you” and “your” refer to you as a user of our websites, mobile and other online applications and products and services.
1. General Provisions
1. By using Motobilia.com, you accept the terms of this User Agreement. This is a legally binding agreement between you and Motobilia.com. Please read it carefully. When using Motobilia.com, you may be subject to other posted terms and guidelines applicable to certain services available on or through Motobilia.com. All terms and guidelines on Motobilia.com, including our Privacy Statement, are part of this Visitor Agreement and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on Motobilia.com are subject to this Visitor Agreement. Accessing Motobilia.com in any manner, even through automated means, constitutes your use of Motobilia.com and your agreement to be bound by this Visitor Agreement. Motobilia.com may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of Motobilia.com after the posted effective date constitutes your agreement to be bound by this User Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. Motobilia.com may change, restrict access to, suspend, or discontinue Motobilia.com or any portion thereof.
2. The material that appears on Motobilia.com is for general informational purposes only. While we aim to provide a site that is useful, be mindful that Motobilia.com from time to time, contain errors. Motobilia.com includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on Motobilia.com and you should not rely on it without independent verification.
3. We invite you to bring to our attention any materials or information on Motobilia.com that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service Manager, along with an explanation of the inaccuracies.
2. Buying and Selling Vehicles
1. Motobilia.com is a vehicle listing and information service that brings together buyers and sellers. Motobilia.com is not a party to any transaction between vehicle buyers and sellers that originates on or through Motobilia.com. Information about a particular vehicle is supplied by the seller and may include data from third parties and/or machine learning. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
2. Though we hope that all who come to Motobilia.com will act honorably and treat each other fairly, we cannot verify the information about vehicles or guarantee the vehicles offered by sellers. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using Motobilia.com to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper.
3. Please read our fraud awareness tips before you buy or list a vehicle on Motobilia.com. There is no substitute for healthy skepticism and your own good judgment.
4. Buying a Vehicle
1. The prices listed by sellers on Motobilia.com often exclude sales tax, finance charges, title, license, regulatory, documentation, emission testing, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Before purchasing a vehicle or any other good or service you have read about on Motobilia.com, you should confirm with the seller any information, including the price that is important to your purchasing decision. Motobilia.com is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on Motobilia.com We may remove or hide parts or all of a vehicle advertisement on Motobilia.com if we determine, in our sole discretion, that the vehicle advertisement or price violate our agreement.
2. We may screen some email messages sent through Motobilia.com to sellers about vehicles listed on Motobilia.com If it appears that your email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
3. If, in the course of such chat or text conversation, you supply to the dealer your email address and/or telephone number, you consent to receive e-mail communications to such e-mail address and calls and texts at that number, whether manually or automatically generated. You are under no obligation to provide your name or contact information over the course of such chat or text conversation.
4. Anonymous chat and text service rely on infrastructure and services furnished by third-party providers. Neither Motobilia.com, nor its affiliates, nor participating dealers warrant the continuous availability or error-free operation of the anonymous chat and text services.
5. Listing Your Vehicle
1. By offering a vehicle for sale on Motobilia.com, you agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your vehicle/memorabilia at the price at which, and on the terms of which, you have listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle/memorabilia for sale on Motobilia.com sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on Motobilia.com nor may you use Motobilia.comto promote, without our prior written permission, any other website, product, or service.
2. By using Motobilia.com to sell your vehicle/memorabilia as a private seller, you represent that you are at least 18 years of age, that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you nor anyone acting on your behalf will list more than five vehicles for sale simultaneously. There is no limit on the number of memorabilia listings.
3. Individual listings are not to be used to advertise more than one vehicle, regardless of a listing’s duration. For this reason, you cannot edit your vehicle’s year, make, model, or VIN once you have purchased a listing. Always double-check this information before purchasing a listing. Listing fees are generally not refundable, so if you enter incorrect information in the year, make, model, or VIN fields, you will have to delete the listing and purchase a new one to create an accurate listing. By using Motobilia.com to sell your vehicle, you agree to pay the price of the package you select, regardless of whether your vehicle sells as a result of the listing.
4. Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through Motobilia.com. Nothing will undermine a user’s confidence in the vehicle you are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of Motobilia.com fairly and honorably.
5. In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on Motobilia.com we may, from time to time, perform random quality assurance tests to confirm that those who offer vehicles for sale over Motobilia.comare prepared to sell those vehicles at the prices and on the terms which such vehicles are advertised. By using Motobilia.com you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating the terms of this User Agreement, we reserve the right to deny that seller use of services offered on Motobilia.com.
6. By listing a vehicle for sale on Motobilia.com you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
7. By listing a vehicle for sale on Motobilia.com you represent and warrant that: you are the sole author and owner of the intellectual property rights in any data, information, text, image, or other material (“Content”) that you submit to Motobilia.com; you voluntarily waive all “moral rights” that you may have in such Content; the Content you submit is accurate and not false or misleading nor does it infringe on any third party’s copyright, patent, trademark, trade secret or other intellectual or proprietary rights or rights of publicity or privacy. You further agree that you shall not: submit any Content that is, or may reasonably be considered to be, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, threatening, abusive, inflammatory, hateful, racially or religiously biased or offensive, harassing, fraudulent, or otherwise objectionable to any individual, partnership or corporation; or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
8. By listing a vehicle for sale on Motobilia.com you grant to Motobilia.com a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devise.
9. Release BY PARTICIPATING IN MOTOBILIA.COM, WHETHER AS A SELLER OR BUYER, AND EXCEPT WHERE PROHIBITED, YOU AGREE NOT TO SUE MOTOBILIA.COM, ITS AFFILIATES, ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE SALE THAT YOU ENTER INTO IN CONNECTION WITH MOTOBILIA.COM. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO THE OTHER PARTY IN THE TRANSACTION FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.
10. Third-Party Services For your convenience, we make available a variety of links to other websites that we do not operate where you can obtain motorcycle-related products and services, including insurance, warranties, transportation, financing, and inspection services. If you choose to purchase an inspection through a third-party website for a vehicle that you are interested in buying, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned vehicle, an inspection is not a guarantee that the inspected vehicle is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted. You are responsible for coordinating and arranging the inspection. You release Motobilia.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services. Although we make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through Motobilia.com including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on Motobilia.com.
3. Ownership and Permission
1. Motobilia.com is provided to our end users for their personal, non-commercial use only. The materials on Motobilia.com are the property of Motobilia.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on Motobilia.com.
2. Motobilia.com are all trademarks owned by us or our licensors. The names of other products and services referred to on Motobilia.com are the trademarks of their respective owners. You may not use any trademark or service mark appearing on Motobilia.com without the prior written consent of the owner of the mark.
4. User Content
1. Motobilia.com allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to the policies of their third-party providers.
2. You assume total responsibility and risk for your use of any interactive areas of Motobilia.com. You acknowledge that any of the user-generated content posted or transmitted through Motobilia.com represents the views of the author, and not Motobilia.com. You also acknowledge that your use of or reliance on such content is at your own risk.
3. When publishing anything to Motobilia.com or using any social media tools or interactive features, you agree that you will not post or transmit:
1. any copyrighted material unless you own or control the copyright in and to such material;
2. material that is: knowingly false and/or defamatory, inaccurate, libelous, tortious, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually-oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
3. material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
4. profanity in subject lines, messages, or signatures;
5. any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
6. material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
7. spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
8. material that contains advertisements or commercial solicitations; or
9. material discussing illegal activities or linking to websites that deal with such activities.
4. You further agree that you will not attempt or do any of the following:
1. interfere with or disrupt Motobilia.com or our computer systems, servers, or networks;
2. attempt to gain unauthorized access to any part of Motobilia.com, to accounts that belong to other users, or to computer systems or networks connected to Motobilia.com;
3. engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
4. collect information about others without their consent;
5. interfere with the use of Motobilia.com by any other individual or party;
6. impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
7. share any user name and/or password you have on Motobilia.com with any other persons.
5. Without limiting any of Motobilia.com other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the Autotrader Sites or on our affiliated websites and services, and/or a ban from creating new accounts.
6. Although Motobilia.com cannot monitor all of the listings and content posted to Motobilia.com we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this User Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this User Agreement, or to protect the rights, property or safety of visitors to Motobilia.com, our advertisers, the public or our affiliates. Notwithstanding the foregoing, Motobilia.com takes no responsibility and assumes no liability for any content posted to Motobilia.com by you or by third parties.
5. Termination You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of Motobilia.com to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this User Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of Motobilia.com, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to Motobilia.com.
6. Dispute Reolution – Mandatory Arbitration And Class Action Waiver
1. ARBITRATION AGREEMENT: YOU AND MOTOBILIA.COMAGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE USER AGREEMENT, MOTOBILIA.COM, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
2. CLASS ACTION WAIVER: YOU AND MOTOBILIA.COMAGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor Motobilia.com may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or Motobilia.com. To be clear, you and Motobilia.com both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 9 of the User Agreement will remain in full force and effect.
3. ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and Motobilia.com agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the User Agreement (including the limitations of liability set forth in Section 10), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with Motobilia.com. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
4. ARBITRATION PROCEDURES: You and Motobilia.com agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. Motobilia.com will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, Motobilia.com agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against Motobilia.com the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
5. SURVIVAL: This arbitration agreement survives the termination of this User Agreement between you and Motobilia.com.
7. Jury Trial Waiver You and Motobilia.com expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 8 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
8. Disclaimer of Warranties, Limitation of Liability, and Indemnification
1. IF YOU RELY ON MOTOBILIA.COM OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH MOTOBILIA.COM 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, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH MOTOBILIA.COM ARE PROVIDED TO YOU “AS IS.” MOTOBILIA.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH MOTOBILIA.COM (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH MOTOBILIA.COM NOR DO WE OR THEY GUARANTEE THAT MOTOBILIA.COM WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT MOTOBILIA.COM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOTOBILIA.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO MOTOBILIA.COM BY YOU OR ANY THIRD PARTY.
2. UNDER NO CIRCUMSTANCES WILL MOTOBILIA.COM OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF MOTOBILIA.COM OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON MOTOBILIA.COM, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY MOTOBILIA.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO MOTOBILIA.COM WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF MOTOBILIA.COM OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH MOTOBILIA.COM.
3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
4. YOU AGREE TO INDEMNIFY MOTOBILIA.COM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OFMOTOBILIA.COM OR ANY BREACH OF THIS USER AGREEMENT.
9. Registration To obtain access to certain services from Motobilia.com you may be required to register as part of the registration process. You will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Motobilia.com through any username/password assigned to you.
