This User Agreement describes the terms and conditions under which you may use the CycleVine web site. Please read it carefully. If you do not accept the terms and conditions stated here, you may not use this site. CycleVine may revise these terms and conditions at any time by updating this user agreement. You should visit this page periodically to review the terms and conditions because they are binding to you. If you have any questions about the User Agreement, please contact the site administrator at support@cyclevine.com. 1. Provider and Site Administrator CycleVine is operated by a "site administrator" who is responsible for ensuring that CycleVine runs efficiently, that it promotes the goal of buying and selling new, used or pre-owned motorcycles, ATV's, personal watercraft or appropriate protective gear and that it is operated in manner that is responsible and does not promote offensive, harmful or illegal activity. The site administrator has broad and exclusive discretionary authority to implement the goals of CycleVine and to ensure that the site is operated in a safe and efficient manner. If, at the sole discretion of the site administrator, a listing does not promote the stated goal of CycleVine, is inconsistent with this user agreement, or is potentially harmful, offensive, or illegal, the administrator may remove the listing from the site. The site administrator also has authority to warn, temporarily ban, or permanently ban any individual from using CycleVine if an individual has posted a listing that has been removed for the reasons set forth in this paragraph or in the Listing Policy below. The site administrator's decision is final and may not be appealed or reviewed. 2. Goal of CycleVine The goal of CycleVine is to create an on-line exchange that provides a simple and efficient venue for individuals and businesses to exchange, buy, or sell new, used or pre-owned motorcycles, ATV's or personal watercraft locally or nationally. 3. User Eligibility Listing Users must be at least eighteen (18) years of age. We provide no assurance about the age of any individual using this site. All users are advised that they are responsible for complying with all relevant laws concerning contracting with juveniles. Individuals who have been temporarily or indefinitely suspended from the site by the site administrator pursuant to paragraph one of this User Agreement may no longer use the services provided by CycleVine. 4. Warning to Users This is a user-monitored site. Unfortunately, CycleVine cannot and does not attempt to monitor the content of all listings that it receives. It is possible that you may find other user’s information or listings to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense, and practice safe trading when using this site. 5. Listing Policy Overview: To help users properly list items, we have highlighted some listing policies here and describe how we handle listing violations when they are discovered. Whether a listing satisfies these policies and accomplishes the stated goal of CycleVine is determined at the sole discretion of the site administrator. The site administrator may remove a listing at any time and for any reason. Listing Description: Listings may include a text description and photographs of items for sale, wanted, or items that you wish to give away. All items must be listed in their appropriate category. You may not promote identical items in more than one listing on the site at any one time. Acceptable Items: The CycleVine website shall be limited to the exchange motorcycles, ATV's, personal watercraft, mopeds and appropriate protective apparel. Prohibited Items – the following shall NOT be allowed (but is not limited to) Items that are deemed harmful, offensive, or illegal. Listings that contain prohibited items will be removed from CycleVine immediately upon discovery. In addition, the site administrator may suspend or terminate your account and all of your listings if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent or criminal activity in connection with our site. Users are requested to use their common sense when deciding whether to post an item that might fall into a prohibited category. If you are at all unsure about listing an item, contact the site administrator at support@cyclevine.com. Listing Items that are illegal may subject you to criminal or civil prosecution. The site administrator reserves the right to prohibit the listing of any item, at any time, if the site administrator, at his/her sole discretion, determines that the item is harmful, offensive, or illegal. CycleVine reserves the right to refer any potentially illegal listing (including, but not limited to fraudulent items, weapon sales, and pornography) to the appropriate legal authority for investigation and potential prosecution. We are committed to assisting the police and prosecutors in any investigation into illegal activity that may have occurred on this site. If you list items in violation of this policy, or should you continue to do so after having been warned or requested not to by the site administrator, CycleVine reserves the right to pursue applicable civil penalties against you, to refer the matter to law enforcement authorities to investigate criminal activity, and to suspend or terminate your account on CycleVine. Even if you offer to give away for "free" (rather than sell) a prohibited item, this will not relieve you of liability or absolve you from responsibility for complying with this User Agreement. This applies to all users, including buyers. As a CycleVine exchange user, you are ultimately responsible for making sure that buying or selling your item(s) is legal. If you think you've spotted an item on CycleVine that is not allowed, please contact the site administrator at support@cyclevine.com. 6. Transportation of Materials CycleVine exchange users are responsible for all costs relating to transportation and storage of materials bought and sold on our site. At no time shall CycleVine be responsible for any costs incurred by its users. 7. CycleVine is Only a Venue Overview: CycleVine acts as a venue for users to list, purchase or acquire items. We are not involved in the actual transaction between users. As a result, CycleVine has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of users to sell or giveaway items, or the ability of users to buy or acquire items. CycleVine cannot and does not ensure, warrantee, or guarantee that a user will actually complete a transaction. Safe Trading: Because user authentication on the internet is difficult, CycleVine cannot and does not confirm each user's proposed identity. We encourage you to communicate directly with potential buyers and sellers. Release: CycleVine is not involved in actual transactions between users. In the event that you have a dispute with one or more users, you agree to release CycleVine and its employees from all claims, demands, and damages (actual, incidental and consequential) of every kind and nature arising out of or in any way connected with use of CycleVine. Information Control: This is a user-monitored site. Please report any suspected misuse to the site administrator at support@cyclevine.com. 8. Disputes Between Users Disputes concerning the offer, acceptance, consideration, or any other issues relating to the validity of a contract between users are to be resolved between the users involved. In no circumstance shall CycleVine, its partners or its employees be a party to such disputes. 9. Your Information "Your Information" is defined as any information you provide to CycleVine or to other users, via any means including e-mail communications, during the registration, listing or buying process. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Your Information (or any items listed therein): • shall not be fraudulent or involve the sale of counterfeit or stolen items; • shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; • shall not be false, inaccurate, or misleading; • shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; • shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); • shall not be obscene or contain child pornography or be otherwise adult in nature or harmful to minors; • shall not contain any electronic computer viruses, “Trojan horses,” “worms,” “time bombs,” "cancel bots" or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any electronic computer system, data or personal information; • shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other computer system suppliers; and • shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this agreement. You may not list any item on our site (or consummate any transaction that was initiated using our site) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current prohibited items list. CycleVine will only use your Information in accordance with our Privacy Policy. Despite this Privacy Policy, it is possible that CycleVine may accidentally release user information or that a court may order CycleVine to release user information. By using this site, you agree (a) that you will not bring any suit, claim, or cause of action against CycleVine, its partners or employees for any damages resulting from any release of user information and (b) to absolve CycleVine, its partners or employees of any liability resulting from the release of user information, regardless of the manner in which user information was released and the consequences of the release. 10. No Warranty CycleVine does not warrant that the web site will operate error free or that this web site and its server are free of computer viruses or other harmful materials. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. We and our suppliers provide our web site and services "as is" and without any warranty or condition, express, implied, or statutory. 11. Breach Without limiting other remedies, the site administrator may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and refuse to provide our services to you if: (a) you breach this User Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or CycleVine. 12. No Limit In no event shall CycleVine be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). 13. Legal Compliance You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of CycleVine and any decision you make to list, solicit offers or buyers, offer to purchase, and purchase any sale items using CycleVine. 14. Indemnity & Hold Harmless You agree to defend, indemnify and hold CycleVine harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.