Bike of the Month Membership Agreement & Privacy Policy

Membership Agreement

By enrolling as a member on the Bike of The Month's website (www.bikeofthemonth.com), you acknowledge that you have read and understand this Membership Agreement and that you agree to be bound by all of its terms and to follow all applicable laws. If you do not agree to all of the terms of this Agreement, then you will not be a Registered Member of the Bike of the Month's website (the "Website") and cannot participate in the Bike of The Month Promotional Motor Cycle Give-Away Program (the "Give-Away Program") and you should not check the "I agree" box to complete the registration process.

This Agreement constitutes a legally binding agreement between Bike of the Month, LLC., a Michigan Limited Liability Corporation ("Bike of the Month"), and each individual who registers as a member on the Bike of the Month's website, by completing the registration form on the Website ("you" or " Registered Member"). As used in this Agreement, the terms "we" and "us" means Bike of the Month, and the term "our" means Bike of the Month.

This Membership Agreement sets forth the relationship between you and us relating to the Website and the Give-Away Program. You have to accept the terms of this Agreement in order to become a Registered Member. By enrolling as a Registered Member, you agree to these terms and conditions and that your use of the website and your participation in the Give-Away Program is subject to this Agreement. By checking the "I agree" box, you also acknowledge that you have had an opportunity to review the Bike of the Month Privacy Statement or that it has been made available to you and you agree with its terms and conditions.

Membership

Registration. By registering for Membership on the website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information by promptly notifying us of any change in such information; (c) you are 18 years of age or older; and (d) your use of the website does not violate any applicable law or regulation. Your profile and listings may be deleted and your Membership terminated without warning if we believe that you have failed to meet the above-stated eligibility requirements. If the Registered Member is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business (not a branch or regional office) of such business entity; and (c) all other information submitted to us during the registration process is true, accurate, current, and complete.
License. Subject to this Agreement, as a Registered Member we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for as long as you are a Registered Member of the Website to participate or use our website and to participate in the Bike of the Month Motor Cycle Give-Away Program. You agree that you obtained no rights other than the rights and licenses expressly granted in this Agreement.
Fees and Billing. Bike of the Month will charge your credit card (or other approved facility) provided to us at the time you register on the Bike of the Month's website or as changed by you through the Bike of the Month's website, to pay for the ongoing cost of Membership in the amount of Ten Dollars and Ninety-Five Cent ($10.95)(Membership Fee). Payment for the appropriate Membership Fee will be made in monthly installments by automatic debit to your credit card (or other approved facility). You will be automatically charged the Member Fee on a monthly basis, unless or until you terminate your Membership in advance of the renewal date pursuant to the process set forth below. We will automatically bill your payment method each renewal term on the calendar day corresponding to the commencement of your membership (your "billing day"). In the event your membership began on a day not contained in a given month, we will bill your payment method on the last day of such month, which will become your new billing day.
You are solely responsible for maintaining a valid payment method on file with Bike of the Month and for verifying that your membership is paid current at all times. If your payment method fails at any time for any reason, whether or not we choose to terminate your membership, you will not be eligible to receive any of the benefits of membership, including the right as a member to be entered into the Give-Away Program, until such time as you provide us with a valid payment method. If your payment method fails, Bike of the Month reserves the right to re-attempt charges to your payment method for up to 28 days. If such a re-attempt is successful, your memberships benefits will automatically resume, and that day will become your new billing day.
Username and Password. Upon becoming a Registered Member, you will be asked to choose a user name and password. You agree not to use the account, username, or password of any other Registered Member at any time. You are entirely responsible for maintaining the confidentiality of your user name and password, and agree not to disclose your user name or password. You agree to notify us immediately if you suspect any unauthorized account use or access to your user name or password. You are solely responsible for any and all use of your account, whether or not authorized by you. You authorize us to accept any use of the Website through your account as being used by you, or someone authorized to act for you, and agree to be liable for any Member Content posted using your account and for any transactions associated with your account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You hereby agree that we shall not be liable for any loss or damages arising from your failure to comply with this paragraph.
Motorcycle Give-Away Program. If you intend to participate in the Give-Away Program, you need to review the Official Rules for the Give-Away Program because those Rules will govern your participation. The Official Rules for the Give-Away Program can be found at the Bike of the Month website: www.bikeofthemonth.com.com
Cancelation. Your Bike of the Month membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the month's Membership Fees to your payment method. You may cancel your membership to Bike of the Month at anytime, and cancellation will be effective immediately. To cancel, click the word "Cancel" in the "My Billing Information" section on the "My Account" page and follow the instructions for cancellation. If you choose to cancel, all your membership benefits will terminate immediately. FOR MONTH TO MONTH MEMBERSHIP TERMS WE DO NOT PROVIDE REFUNDS.
Policies. You agree to comply with this Agreement, and all other policies, rules and terms and conditions as set forth in this Agreement, the Website, the Give-Away Program Official Rules, or Participating Merchants' websites either in print or on our website (collectively, the "Policies"). The Policies, including any amendments which may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or the Policies at any time upon notice given in accordance with this Agreement. This Agreement and the Policies as so amended will be posted on our website, and your continued use of the website thereafter will constitute your affirmative acceptance of any such amendment and your agreement to the terms thereof. You also acknowledge and agree that any information you provide to a Participating Merchant is subject to that Participating Merchant's own privacy and data collection policies.

Member Obligations

No Unauthorized Use of the Website. You agree that you will not, and will not permit others to:
1. provide any unauthorized third party with access to the website or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to Bike of the Month (collectively, "Content") by any means;
2. modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your use of the website;
3. engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through your use of the website;
4. introduce into the website any code intended to disrupt the website, alter or delete its content, access confidential content on our website or interfere with the operation of the website, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
5. post any material in any form whatsoever on our website or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or
6. infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program.
Security. You will maintain the confidentiality of the user name and passwords by which you access your account on the website, and will allow access to the website and your account only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. Any use of your assigned user name or passwords will be deemed to be your use. If there is a breach of security through your account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Program that would damage, interfere with or unreasonably overload the website. You acknowledge that Bike of the Month will not contact you to solicit your user name or password.
Discontinuation or Suspension of Use. We may, in our sole discretion, at any time and without prior notice:
1. change the Participating Merchants;
2. change, discontinue or limit access to the Website or any functionality, feature or other component of the Website including the Give-Away Program; or
3. suspend or terminate your use of or access to all or part of the website upon giving you notice of such suspension or termination.
Motor Cycle Give-Away Program. Subject to this Agreement as a Registered Member you will be entered into our Motor Cycle Give-Away Program which is offered by our Participating Merchants. As a condition to being entered into the Give-Away Program, Registered Members may be subject to additional conditions or restrictions of our Participating Merchants which may differ from, or in addition to, those described on our Website. We are not responsible for any injuries or damages suffered by Registered Members due to or resulting from the motor cycle prize offered by any Participating Merchant nor do we guarantee or warrant the condition and or quality of any motor cycle prize provided to Registered Member by any Participating Merchant. Each Participating Merchant has reserved the right to change at any time, and without notice, the type of motor cycle prize offered to Registered Members. Your continued use of the website thereafter will constitute acceptance of such terms and conditions. We do not represent or warrant that any particular Participating Merchant will participate in the Motor Cycle Give-Away Program at the time you join the website or at any time thereafter.
Official Rules. As a Registered Member you are automatically entered into the Motor Cycle Give-Away Program that Bike of the Month may offer from time to time. To be eligible you will be subject to the Official Rules of the Give-Away Program.
Motor Cycle Give-Away Program Conditions. All prize details, including color and options of motor cycle, will be determined solely by Participating Merchants in its sole discretion. Each Register Member that wins a motor cycle prize is eligible to have the motorcycle prize delivered to them anywhere in the United States excluding Alaska or Hawaii for a fee of $300.00. All costs and expenses related to the motor cycle prize acceptance and use not specified herein as being awarded are the responsibility of Registered Member winners, including, but not limited to, all federal state and local taxes (including income taxes), title, insurance, license and registration fees. Registered Member winners will be required to present a valid U.S. driver's license and proof of appropriate insurance as a condition of receiving a motor cycle prize.
No Responsibility for Participating Merchants. You agree that Bike of the Month is not an agent of any Participating Merchant and that Participating Merchants operate independently of, and are not under the control of, Bike of the Month with respect to the Give-Away Program or otherwise. Accordingly, we do not represent or warrant, or give any assurances that any Participating Merchant will award a motor cycle prize to a Registered Member winner for any particular transaction even where such transaction would appear to qualify under either Bike of the Month or Participating Merchant statements. We are not responsible for the failure of any Participating Merchant to award a motor cycle prize to a Registered Member winner in accordance with the terms of that Participating Merchant's offer. Further, your participation in offers or promotions of, or correspondence with, any Participating Merchant is solely between you and that Participating Merchant. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, no Participating Merchant assumes any liability, obligation or responsibility for our conduct with respect to the Give-Away Program.
Give Away Program Adjustments. In the event of any abusive or fraudulent activity related to the Give-Away Program, as determined by us in our sole discretion, we reserve the right to make any adjustments to your eligibility and/or qualifications to participate in the Give-Away Program at any time. Any such adjustments, however, will be made in accordance with this Agreement, the Policies, any applicable laws, rules, or regulations, and the terms of any Participating Merchant offers.
Use of Personal Information. You acknowledge that in order to administer the Give-Away Program, we will collect information about you and your purchases from Participating Merchants. You authorize us to use any such information and to disclose such information (a) to our representatives and agents, (b) to third parties (c) to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies and (d) otherwise in accordance with the terms of the Privacy Statement on our website. You represent that you have full authority to register the credit or debit card you register for payment for the website and to receive information about the transactions effected using such cards or accounts.
You authorize us, at the time you register a credit or debit card for payment for your membership on our website, for us to request authorization from the applicable credit or debit card issuer for a transaction on such credit or debit card.
Use of Image or Likeness. If a Registered Member winner accepts a motor cycle prize, then the Registered Member winner agrees to the use of his/her name, voice, and/or likeness by Bike of the Month for the purpose of advertising, trade, or promotion or such other uses as may be necessary to promote our website without further compensation, from Bike of the Month unless prohibited by law. Registered Member winners also agree to sign any and all releases required by Bike of the Month or applicable law, authorizing us to use the Registered Members image and likeness.
If a selected Registered Member winner cannot be contacted, is ineligible, fails to claim a motor cycle prize, or fails to timely return the completed and executed declaration and releases as required, the motor cycle prize may be forfeited and an alternate Registered Member winner will be selected.
Termination; Expiration or Forfeiture of Membership. This Agreement is effective when accepted by you, and will remain in effect and legally bind you and us until you or we terminate your membership on the website. You may terminate your membership on the website at any time in accordance with the procedures established on our website from time to time. We may terminate your membership without cause immediately after notice to you of such termination at any time. If we terminate your membership you will not be entitled to a refund of any portion of your Membership Fee.
Certain Disclaimers; Indemnification. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS RELATED TO THE WEBSITE AND DO NOT WARRANT THAT THE FUNCTIONALITY OF SUCH WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH WEBSITE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BIKE OF THE MONTH'S WEBSITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS OF PARTICIPATING MERCHANTS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED BY SUCH PARTICIPATING MERCHANT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ANY PARTICIPATING MERCHANT IN CONJUNCTION WITH THE WEBSITE.
Exclusion of Certain Damages. We will not be liable for any damages, including indirect or consequential damages, arising from:
1. any failure to screen users or Registered Members of the website;
2. acts or omissions of any users or Registered Members of the website;
3. materials posted by, or of, any party other than Bike of the Month's materials or any use thereof;
4. the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or
5. any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond our reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.
In addition to the foregoing, on occasion, Participating Merchants, Bike of the Month and/or any of their respective third party agents may fail to track your motor cycle prize due to computer system failures or interruptions beyond the reasonable control of the tracking party. Furthermore, certain hardware devices and software such as pop-up blockers, ad blocking software, viruses, worms, Trojans, adware, spyware and malware can interfere with the tracking of motor cycle prizes and/or the operation of our website. Neither Bike of the Month nor any Participating Merchant shall be liable for your failure to receive your motor cycle prize or important information about the motor cycle prize as a result of a computer system failure or interruption or hardware devices or software on your computer or network.
Indemnification. You agree to indemnify Bike of the Month, any Participating Merchant, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to their breach of this Agreement or for any materials in any form whatsoever that are provided by you or through your user name and/or password. You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve in our reasonable discretion the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
Limitation of Liability. NONE OF BIKE OF THE MONTH, ANY PARTICIPATING MERCHANT, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE INFORMATION CONTAINED ON THE BIKE OF THE MONTH WEBSITE, OR (EXCEPT IN THE CASE OF THE APPLICABLE PARTICIPATING MERCHANT) ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY PARTICIPATING MERCHANTS IN CONJUNCTION WITH THE WEBSITE, EVEN IF ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Electronic and Oral Communications. We may rely on your oral and electronic instructions. In addition, you consent to the monitoring and recording of your telephone conversations with us for training or compliance purposes or to provide a record of your instructions. You agree that we will not be liable for honoring oral instructions received from any person claiming to be you, provided reasonable verification procedures have been followed. We may follow any instructions received by electronic means through the Bike of the Month's website just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.
Bike of the Month Communications. You consent to the receipt of all reports, transaction confirmations, account statements, correspondence and other information from us electronically through the email address provided by you to us. You are responsible for updating your email address if it changes by logging into your account at www.bikeofthemonth.com and updating your communication preferences on our website. We will not be responsible for your inability to connect to the Internet or to access the Bike of the Month's website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You acknowledge that you have access to hardware and software meeting the system requirements set forth on the Bike of the Month's website necessary to receive from us correspondence and records in electronic form.
Governing Law. The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Michigan, excluding its conflicts of laws principles. Each party hereto agrees that all claims relating to this Agreement will be heard exclusively by a state or federal court in Michigan. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court in the State of Michigan over any proceeding related to this Agreement, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum. Notwithstanding what is set forth hereinabove, you also agree that any action or dispute that you have against us can be arbitrated, at our option, in Detroit, Michigan.
1. Assignment. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
2. Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to us at Bike of the Month, LLC, 20120 Inkster Road, Romulus, Michigan 48174, Attn.: Member Services, or any other address of which either party hereto may from time to time notify the other in accordance with this Section 21.c. All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Program.
3. No Waiver; Severability. The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that either party has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
4. Relief. You acknowledge and accept that any breach of Section 7 above is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions of Section 7 above, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies we may have at law.
5. Third-Party Beneficiary. Each Participating Merchant is hereby expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you.
6. Entire Agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of this Agreement that may have been accepted by you through the Bike of the Month's website or otherwise). We reserve the right to modify this Agreement at any time upon notice given in accordance with this Agreement. Your non-termination and continued use of the website after notice of any modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. You acknowledge that the most recent version of this Agreement will be located on the Bike of the Month's website under Membership Agreement. No other act, document, usage or custom will be deemed to amend or modify this Agreement