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Firestorm Marketing Terms of Service

The following are terms of a legal agreement between you and Powersports Dealer Locator. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Web site.

Powersports Dealer Locator may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. Powersports Dealer Locator may also make improvements or changes in the services or programs described in this site at any time without notice.

General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. The information provided on this Web site must be used solely for personal, informational, non-commercial purposes. Except as specifically stated, you may not copy, modify, reproduce, publish, or distribute any information from this Web site in any form without prior written authorization from Powersports Dealer Locator, Inc.

Adults Only. The Powersports Dealer Locator Service is intended for adults only. You must be 18 years of age or older - or, if the age of majority in your state is greater than 18 years, you must have attained the age of majority in your state - or have the consent of your parent or guardian, to use the Service. In accordance with Federal Children's Online Privacy Protection Act of 1998 ("COPPA"), Powersports Dealer Locator will never knowingly solicit, nor will it accept, personally identifiable information from users known to be under thirteen (13) years of age.

Content Disclaimer

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain inaccuracies or typographical errors. Powersports Dealer Locator assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

By using the Powersports Dealer Locator website, you agree to indemnify, defend and hold Powersports Dealer Locator, and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities arising out of your use of the Powersports Dealer Locator website, your violation of these terms and conditions, your violation of any rights of another or out of any review or information you may post or submit. You are responsible for maintaining the security of your user name and password and you are responsible for all statements or reviews made and acts that occur through the use of your user name and password.

Your use of the Powersports Dealer Locator website and its resources is an acceptance of these terms and conditions.

Conditions of Use and User Conduct

As a condition of use, you agree to the following:

  1. You acknowledge that the Service is for personal use only. You agree that you will not use the Service for any commercial purpose.
  2. You must not use the Service to harass, threaten, impersonate, or intimidate any person or business.
  3. You must not use the Service to post fraudulent, inaccurate, or misleading ratings or reviews of any person or business.
  4. You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  5. You must not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright or trademark law - or any other law protecting intellectual property in any jurisdiction - or that violates the publicity or privacy rights of any person or business.
  6. You must not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
  7. You must not transmit any worms or viruses or any code of a destructive nature.
  8. You must comply with all applicable laws in your jurisdiction (including but not limited to intellectual property laws).
  9. You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
  10. You acknowledge that your use of the Service may involve the transmission of private information, including potentially personal health information, via unsecure means such as email.

Guidelines for Reviews

The following guidelines are provided to users of the Service who wish to review Powersports Dealer Locator subscribers:

  1. Your review should be useful, and informative. Being specific will give the reader a feel for your experience.
  2. Write about what you would like to know when asking a friend or coworker for a recommendation. Did the experience meet your expectations? Would you go back? Would you recommend this business?
  3. Keep it short and to the point. Use short sentences that stick to the highlights of your experience. The best length for a review is 100 to 250 words.

User Generated Content

The Powersports Dealer Locator allows you to author, upload, transmit, publish, disseminate, and/or otherwise make available content in the form of user-generated business reviews and user-identifying information, such as a user's name.

When you make copyrightable User Content available on or through Powersports Dealer Locator, you retain ownership of any copyright you claim to your User Content. You also represent and warrant that - with respect to all User Content that you upload, transmit, publish, disseminate, and/or otherwise make available through Powersports Dealer Locator - (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly (including by means of digital audio transmission), distribute, and/or otherwise exploit such User Content in connection with Powersports Dealer Locator (and to grant to Powersports Dealer Locator the licenses set forth in this Agreement), and (b) the User Content will not infringe or otherwise violate the rights of any third party including, but not limited to, the copyright, trademark, privacy, and/or publicity rights of any third party.

By submitting User Content as set forth above, you hereby do and shall grant to Powersports Dealer Locator (and its successors, assigns, partners, affiliates, and third party service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform (including by means of digital audio transmission), and otherwise exploit your User Content on and in connection with Powersports Dealer Locator and for any purpose and in any medium, by any means currently existing or yet to be devised. You also hereby do and shall grant to each user of Powersports Dealer Locator a non-exclusive license to access and view your User Content through Powersports Dealer Locator, and to use, reproduce, modify or create derivative works based thereon, distribute, publicly display, and publicly perform (including by means of digital audio transmission) such User Content as permitted through the functionality of Powersports Dealer Locator.

By using Powersports Dealer Locator, you acknowledge and agree that Powersports Dealer Locator does not guarantee access to or hosting of User Content that is shared via Powersports Dealer Locator - Powersports Dealer Locator publishes User Content at its sole discretion. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on Powersports Dealer Locator, it may result in access to the content being temporarily or permanently disabled.

Blacklisting Policy

Powersports Dealer Locator reserves the right to blacklist a dealer immediately and without warning for any reason, including for any violations of these terms and conditions. Dealers that submit reviews under fraudulent terms (including writing a review about a competing dealer, submitting a review written by the dealer’s employees, writing a review within the dealership or submitting reviews composed by outsourced companies on behalf of the dealer) are subject to being blacklisted.

Limitation of Liability

Powersports Dealer Locator shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) this website or the Information including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, lost profits, business interruption, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, opinions, advice, services and other Information provided on this website. You agree that access to this website is provided on an "as is" basis. Powersports Dealer Locator does not guaranty or warrant that your use of the website will be error free or that the website will operate without interruption.

Links to Third-Party Sites

This Web site contains links or references to third-party sites and resources. Powersports Dealer Locator makes no representations, warranties, or other commitments whatsoever about any linked sites or third-party resources that may be referenced, accessible from, or linked to the Powersports Dealer Locator Web site. Powersports Dealer Locator is not responsible for and does not endorse the contents of any linked sites. In addition, Powersports Dealer Locator is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Chasm site. Accordingly, you acknowledge and agree that Powersports Dealer Locator is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Links to the Powersports Dealer Locator Web Site

Powersports Dealer Locator encourages and permits links to content on the Powersports Dealer Locator Web Site. However, Powersports Dealer Locator is an organization committed to the highest business and marketing ethics and standards, both in fact and appearance. Therefore, the linking should not (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site, (b) misrepresent your relationship with Powersports Dealer Locator, Powersports Dealer Locator, (c) suggest that Powersports Dealer Locator promotes or endorses any third party's causes, ideas, Web sites, products or services, or (d) present false or misleading impressions about Powersports Dealer Locator or otherwise damage the goodwill associated with the Powersports Dealer Locator name. We reserve the right to withdraw permission for any link.