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Terms of Use

Terms of Use & Privacy Policy

This TERMS OF USE AGREEMENT (the "Agreement") sets forth the terms and conditions that apply to your access and use of the Internet website located at www.Cyclechex.com (the "Site"). Please read these terms carefully, and if you disagree with them in any way, then do not use this Site. By using the Site you agree to be bound by the terms and conditions of this Agreement presently in effect, and as they may be amended from time to time in the future. iMobile Solutions, Inc., DBA Cyclechex (“Cyclechex”) reserves the right to modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. You are deemed to accept and agree to be bound by any changes to this Agreement when you visit the site after those changes are posted. If any changes are not acceptable to you, you must immediately discontinue your use of this Site.

By using or viewing the information, tools, features, Motorcycle History Reports (“Reports”) and functionality located on the Site (the foregoing, collectively, the “Service”), you agree to be bound by this Agreement, without limitation or qualification, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with the Site as a dealer of motorcycles or as a consumer). The term “you” or “User” refers equally to a Visitor or a Member. The term “we” refers to Cyclechex. Cyclechex gives you the right to view and use its Service as provided on the Site subject to these terms. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login, allows you to access the Service.

  • Ownership: Cyclechex is the sole owner and operator of the Site. This site contains proprietary information that includes copyrighted, trademarked, and other content which is protected by law. Unless otherwise noted, Cyclechex is also the sole owner of all of the information and material on the Site, and retains in its sole discretion the option to change, alter, add, or delete any content contained therein. All materials are copyrighted © by Cyclechex and ALL RIGHTS ARE RESERVED. Except as expressly provided herein, Cyclechex grants no express or implied license under any patent, copyright, trade mark, trade name, trade secret or any other proprietary right.
  • Privacy: Cyclechex maintains a Privacy Policy in connection with the Site which you are strongly encouraged to review prior to using the Site. The terms and conditions of the Privacy Policy, incorporated herein by this reference, describe the types of information collected by Cyclechex during your visit and use of the Site, and outlines the policies and procedures regarding the collection and use of any personal information in connection therewith. Some parts of this site may be available only to authorized users. Such sections may only be accessed by authorized users and are password controlled. You agree not to attempt to access any restricted pages.
  • No Harmful Use: In exchange for our permission to use the Site, you agree not to do anything to harm the functioning or content of the Site. You also agree that you will not use any false or misleading identity when interacting with this Site, or do anything that is fraudulent, obscene, libelous or legally prohibited.
  • Content and Reliance: The information and content provided on this site, through the Service and in any Reports ordered by you, are for informational purposes only. Your use of, or reliance on, the Service shall in no way create a legal, business or other professional relationship between you and Cyclechex. The Service associated with the Site is provided to you on an “as-is,” “as available,” and “with all faults” basis. You expressly agree that your use of the Service, and reliance on any information therein provided to you, including, but not limited to, motorcycle accident history, service records, lien status and mileage reports, is at your sole risk. Since each motorcycle is unique, and the purchase of a motorcycle is an investment by you, you are advised to verify any information about a motorcycle you are contemplating purchasing with a qualified mechanic or other automotive professional. Cyclechex shall not be responsible or liable for any errors, omissions or inaccuracies in any content on this website and/or provided in any way through the Service.
  • License and Limitations of Use: Cyclechex hereby grants you a limited personal use license to access, display and view portions of the Site solely for your own personal and non-commercial use; provided that, in order for the preceding sentence to apply, and for such license to remain valid and not be automatically terminated without notice to you, any such content is not modified or pirated, all proprietary notices are kept intact, and all terms and conditions set forth herein are complied with.. You may make printouts of the Site content for your individual, personal use, however, the Site content, including, but not limited to, text, images, logos, algorithms, and software code, may not otherwise be copied, reproduced, republished, translated, sold, rented, uploaded, posted, transmitted, or distributed in any way. You are further prohibited from creating a derivative work of the content on any other web site, or through any other service or commercial endeavor, including by “scraping” or similar systematic retrieval action designed to derive lists of users, data or similar from the Site in any manner or in any quantities not authorized by Cyclechex. You are not authorized to access the Company’s computers other than as expressly permitted according to the license set forth herein and unauthorized attempts to upload information and/or change information on this Site is strictly prohibited. The Company expressly reserves all rights under the Computer Fraud and Abuse Act of 1986 and Title 18 U.S.C. Sec. 1030 for any unauthorized access which exceeds the license granted hereunder. Any violation of this Agreement may be prosecuted to the fullest extent of the law.
  • Limitations Concerning Resale to Members of the Public. Users may not resell any portions of the Reports to other parties.
  • Links: The Site may be “linked” (as that term is commonly understood) to other third party web sites with the express written permission of Cyclechex. You may seek our permission by contacting the Company. While Cyclechex will not unreasonably withhold such permission, Cyclechex assumes no responsibility for the content of such third party web sites, or for their operation, information collection practices or terms of use. All links must be to the Site’s home page and not to any page within our Site. All links, when activated, must display our Site on a full-screen page, in a fully operable and navigable browser window, and not within a browser “frame”. No link should create any false impression or appearance that you are a part of our Company, and nothing should be done to damage or dilute the Company’s reputation or goodwill. You may not use any deep link, page scrape, robot, spyder or other automatic device, program, algorithm or other similar or equivalent manual process to acquire, access, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site. The Company reserves the right to revoke linking privileges at any time in its sole discretion. Nonetheless, publicly available search engines (including all Internet navigation tools) may query the Site and provide an index with links to the Site’s web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search engines are not permitted to query or search information intended only for human users.
  • Third Party Site Participants: From time to time, Cyclechex, in its sole discretion, may permit third parties (“Third Party Site Participants”) to display advertisements, logos, links, or other content on the Site. Cyclechex assumes no responsibility for the business practices, operations, activities or web site content of any Third Party Site Participants whose name, logo, link, or other indicia appears on this Site or who is otherwise identified through the Service. Such Third Party Site Participants are independent entities, and are not under the control of Cyclechex.
  • Malfunctions, Service Interruptions or Viruses: Cyclechex makes no representation, warranties or guarantee that its Site, the content contained therein and the Service are free of infection from any viruses, malicious code, computer programming routines or languages that contain contaminating or destructive properties, or that are intended to damage, surreptitiously intercept or expropriate any system, data, or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output . Cyclechex cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or other Service interruptions. Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, natural disasters, acts of God, periodic updating or other actions that Cyclechex, in its sole discretion, may elect to take.
  • Termination: This Agreement will continue to apply until terminated by either you or Cyclechex. If, as a Member, you seek to terminate this legal Agreement with Cyclechex, you may do so by closing your account for the Service, and canceling your membership. If, as a Visitor, you seek to terminate your legal Agreement with Cyclechex, you may do so by closing your Internet web browser, or navigating away from the Site. Cyclechex may, at any time and in its sole discretion without notice to you, terminate its legal Agreement with you if you have breached any provision of this Agreement.
  • Disclaimer:

    CYCLECHEX DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE SITE AND THE SERVICE, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF THE CONTENT CONTAINED THEREIN, IN ANY WAY AND FOR ANY PURPOSE.

    IN NO EVENT WILL CYCLECHEX BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE OR RELATED CONTENT, OR LOSS OF DATA, EVEN IF CYCLECHEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS CYCLECHEX’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  • Indemnification: You agree to defend, indemnify, and hold harmless Cyclechex and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, the Service or any information you obtain from the Site or the Service. IF CYCLECHEX TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR, AND WILL PAY ALL OF, CYCLECHEX’S LEGAL FEES AND ASSOCIATED EXPENSES INCURRED IN CONNECTION WITH SUCH ACTION.
  • Severability: If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, and in no way shall such portion(s) impair the enforceability of any of the other portions herein. Moreover, if any portion(s) of this Agreement shall for any reason be held to be excessively broad as to scope, activity, or subject, such provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the applicable law.
  • Waiver: You agree that if Cyclechex does not exercise or enforce any legal right or remedy which is contained in, or granted by, this Agreement, such action will not be deemed a formal waiver of Cyclechex’s rights or remedies, nor will such action constitute a relinquishment of any right or power hereunder at any one or more times.
  • Jurisdiction: You agree that any dispute arising hereunder shall be governed by the laws of the State of New York, County of New York, without regard to its conflicts of laws, and that no legal action of any kind shall be brought exclusively in the state or federal courts of the State of New York, New York County or the Eastern or Southern District of New York. Any claim you bring under these Terms and Conditions, or regarding the use of the Site, must be filed and properly served on the Company within one year after the cause of action first arises, or the claim will be barred in its entirety.
  • Entire Agreement: This Agreement constitutes the entire agreement between you and Cyclechex and supersedes any prior understandings, agreements, or representations made by or among you and Cyclechex, written or oral, to the extent they relate in any way to the subject matter hereof.

 

Privacy Policy

Thank you for coming to www.Cyclechex.com (the “Site”), which is owned and operated by iMobile Solutions, Inc, DBA Cyclechex (hereinafter “Cyclechex,” or “we” or “our” or “us”). This PRIVACY POLICY (“Privacy Policy”) describes the ways in which your privacy is protected when you use this Site. By using this Site, you agree to this Privacy Policy and all other applicable policies within this Site, including our Terms of Use Agreement and/or our Affiliate Program Terms and Conditions. If you do not agree to this Privacy Policy, please immediately discontinue your use of this Site.

Cyclechex understands the importance of privacy, and we want you to know that we consider the information that you provide to us, or that is available to us when you visit this Site, to be carefully protected to the best of our ability. We are committed to ensuring your privacy and peace of mind, and personal information is gathered only when you choose to share it, when browsing, when submitting content and when clicking on sponsored advertisements provided by us or our affiliates.

What Personal Information Does Cyclechex Gather on the Site?

The information we learn from visitors to, and members of, the Site helps us to personalize and continually improve your experience on the Site. The following is a non-exclusive listing of some of the types of information we gather:

  • Internet Protocol Addresses: We use and record your Internet protocol (IP) address for the purpose of: (i) administering the Site; (ii) analyzing Site usage patterns; (iii) preventing abuse of our service; and (vi) optimizing Site product offerings and marketing operations. Your non-personally identifiable IP address may be shared with third parties for the purpose of gathering broad data on marketing operations. We receive and store any information you enter on the Site or provide to us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as allowing you to purchase the products we offer, respond to your requests, improve our service, and to communicate with you.
  • Browser Cookies: Browser cookies ("Cookies") are small data files shared between computers and are stored by your Internet browser on your computer's hard drive. We use them to provide a convenience to you. By using cookies, our Site can recognize you from past visits. This helps to ensure that users are not repeatedly offered the same advertisements from our affiliates or us, and allows us to customize advertising and Site content based on browser type and user information. We do not link the information we store in cookies to any personally identifiable information you submit while on our Site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- all browsers are different, so check the "Help" menu of your particular browser to learn how to change your cookie preferences. Even if you have set your browser to refuse cookies, you will still be able to access and use the Site. However, you must enable cookies from Cyclechex in order to take advantage of the Site’s ability to recognize you from past visits. Please note that third parties that are presenting advertisements on our Site may set and access their cookies on your computer once you click on one of their advertisements. Importantly, advertisers' use of cookies is subject to their own privacy policies, and not this Privacy Policy. We are not responsible for the privacy practices or policies of such third party web sites and this Privacy Policy does not apply to those web sites.
  • Order Information: When you place an order, Cyclechex requests information such as your email, credit card number, and billing zip code. This information will be used solely for purpose of billing, which may require sharing this information with a third party secure credit card processor. Your sensitive personal or billing information submitted while placing a secure order will not be used or shared for any other purpose.
  • Contact Information: In all communications with Cyclechex using the “Contact Us” feature of the Site, we will use your contact information solely for providing our service and communicating with you. Cyclechex will not share your email address, or other contact information from your direct communications with us, with third parties. In the event that you place a telephone call to our offices, we may record and store the phone number or telephone exchange from which you are calling. Additionally, any phone calls you may have with our staff may be recorded for quality assurance purposes.

 

Does Cyclechex Share the Information It Receives?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described in this Privacy Policy, and with affiliates that are subject to either this Privacy Policy, or who follow practices at least as protective as those described herein.

  • Agents: We may employ other companies and individuals to perform functions on our behalf. Examples include processing information, sending postal mail or email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to only the information needed to perform these functions, but may not use it for any other purposes.
  • Business Transfers: As we continue to develop our business, we may sell or buy companies, subsidiaries, or business units. In such transactions, customer information is generally considered an asset, but remains subject to the terms and conditions of any pre-existing Privacy Policy (unless, of course, the customer requests otherwise in writing). Notwithstanding, in the unlikely event that Cyclechex or substantially all of its assets are acquired, or a change in control of the majority ownership of Cyclechex occurs, customer information may be one of the transferred assets.
  • Fraud Prevention and Legal Compliance: We release account and other personal information when such release is required by law; or to enforce or apply our Terms of Use and/or our Affiliate Program Terms and Conditions and other related agreements; or to protect the rights, property, or safety of Cyclechex, our customers, users, or others. This includes exchanging information with other companies and organizations, or governmental agencies, for fraud protection or credit risk reduction. However, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
  • With Your Consent: Other than as described above, and from time to time, you may receive communications from us requesting that your permission to share information about you with our third party affiliates. At the time of such communication, you will have an opportunity to choose not to share such information.

How Secure Is Information About Me?

When you visit or conduct business on the Cyclechex website, we provide you with the safety of processing all transactions and data exchanges through our secure server. All information you submit is encrypted via a secure sockets layer (SSL) before it is sent over the Internet to our secure servers. In addition, any information which we collect from you passes through our secure servers, which prevents unauthorized access by outside intruders.

Can I Change the Information I Share With Cyclechex?

As a registered user (whether you are merely a consumer or a dealer of motorcycles registered under our Affiliate Program) with Cyclechex, you can always add or update certain information in your member profile. When you update information, we may keep a copy of the prior version for our records. Additionally, if you do not want to receive email notices, mail, newsletters or advertisements from us, please follow the “Unsubscribe” instructions at the bottom of any such notice we may send you from time to time.

Information You Can Access.

Examples of information you can access easily on our website include: up to date information regarding purchases and payments; personally identifiable information (including name, email, password, communications preferences, address); payment settings (including credit card information); and email notification settings.

Conditions of Use, Notices, and Revisions.

Our business at Cyclechex changes constantly, and our Privacy Policy may also change in the future. From time to time, we may email you with periodic reminders of any such changes, unless you have instructed us not to do so. Notwithstanding the foregoing, it is your sole responsibility to check the Site for changes to this Privacy Policy. Unless stated otherwise, this Privacy Policy, as it may be amended from time to time in our sole discretion, applies to all information that we have about you and your account. We stand behind the promises we make, however, and we will never materially change our policies and practices to make them less protective of any customer information previously collected without the express consent of any affected customers.