TRADEMARK & COPYRIGHT
This Disclaimer is for American Ironhorse ® & Italian Choppers ®
Use of the Services constitutes your acceptance of the Agreement.
Your acceptance of the Agreement provides you with a limited and temporary
license and permission to use the Trademark,copyright,software and other resources of the Services, which license and permission we may revoke at any time, as described below.
1. Copyright Rights
We own or license all copyright rights in the text, images, photographs, video, audio, graphics,user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
You may use the Services and the contents contained in the Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes,is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation,database or directory, is prohibited absent our express prior written consent.
2. Trade and Service Mark Rights
We (or our affiliates) and our dealers own all rights in the product names,
company names, trade names, logos, product packaging and designs ("Trademarks") of the
American Ironhorse and such member clubs, and third parties own all Trademarks in their respective
products or services, whether or not appearing in large print or with the trademark symbol.
Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or
misleading uses, is prohibited under the trademark laws of the United States and other countries.
You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this
Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right
to do so.
3. Modification of This Agreement
We reserve the right to amend this Agreement at any time by posting an updated version.
You should therefore periodically visit this page to review the then-current Agreement.
Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services.
4. Special Terms and Conditions Applicable to Services/Products Offered for Purchase Through the Sites
You may be able to buy certain products and services from third-party operated store-fronts available within ("Third Party Sales Locations").Even though the Third Party Sales Locations may have the look and feel of the Site, please be aware that such Third Party Sales Locations may be governed by additional terms of use agreements.
You should read the Terms of Use agreements applicable to such Third Party Sales Locations. We expressly disclaim any responsibility or liability for any damage, loss or injury arising out of the activities of any Third Party Sales Locations or any product or service provided therein.
5. Compliance with Laws/Regulations
You are required to comply with all applicable laws and regulations in connection with your use of the Services,
and such further limitations as may be set forth in any written or on-screen notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement.We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that:
(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant us the rights and licenses set forth in;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant us the rights and licenses set forth;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, hateful,slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity,religion, sexual orientation, gender, or similar characteristics;
(e) contains false statements or misrepresentations that could damage you, us or a third party;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Services,or for purposes of registering for any promotions offered through the Services;
(b) delete or revise any material or other information of any other user of the Services;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders,robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to,or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Services;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with,law enforcement authorities in prosecuting users who are involved in such violations.
You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Services.
7. Indemnification
Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors,co-branders or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of any of Your Content that you submit, post to or transmit through the Services, your use of the Services, your use of any Modular Content, your violation of this Agreement or your violation of any rights of another.
8. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State Massachusetts, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Massachusetts and California or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Massachusetts and California, in all disputes arising out of or relating to the use of the Services.
9. United States Jurisdiction
The Services are operated out of the United States of America. We do not represent that content or materials presented on the Services are appropriate (or, in some case, unavailable) for use in other locations. If you access the Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.
10. Severability and Integration
This Agreement constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible,the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Services changes to this Agreement, or by a subsequent writing signed by us.
11. No Waiver
Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
12. No Professional Advice
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication,is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice.Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special,
exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
13. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. Termination
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Services, with or without notice and with or without cause. Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Services and of this Agreement. In addition, because the license you grant to us in Your Content is perpetual,termination of this agreement does not terminate our license to use Your Content as described elsewhere in these Terms of Use.
15. Notices
At our option, we may give notices to users of the Services by posting a message on the Service, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to
Americanironhorsellc@gmail.com OR Italianchoppers@yahoo.com
Notices to us by conventional mail must be sent to: American Ironhorse LLC OR Italian Choppers LLC 64 HIGH STREET SOUTHBRIDGE MA 01550 . Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.
16. Violations
You will have 28 days to respond by authorized representative.Unless an officer or legal representative of AMERICAN IRONHORSE LLC is contacted within that time to resolve.
All violations will have a FINE of $12,500 -$100,000 that will be due within 45 days of receipt.
If no response is given and or fine paid.Legal proceedings will follow.
Lawsuits will be held in U.S.Federal courts ( MA) and or other if applicable.
17.
You will have 28 days to respond by authorized representative.Unless an officer or legal representative of ITALIAN CHOPPERS LLC is contacted within that time to resolve.
All violations will have a FINE of $12,500 -$100,000 that will be due within 45 days of receipt.
If no response is given and or fine paid.Legal proceedings will follow.
Lawsuits will be held in U.S.Federal courts ( MA) and or other if applicable.
Italian Choppers Trademarks
REG #4211819 & 4482727 Classes 12,25,35
REG #5058953 Class 25
Logo & name Classes 12,25 REG# 5049038
American Ironhorse Copyright
REG# VA 2-056-616
American Ironhorse Trademarks
Logo & name REG # 5112094 Classes 12,16
REG# 5140249 Classes 12,35,40
REG# 5135828 Classes 9
American Ironhorse Motorcycles Trademark
Class 25 Reg# 5048900
Horse Logo's
Logo REG# 5227106 Class 16
Logo REG# 5227104 Class 21
Logo REG# 5164765 Class 25
Logo REG# 5164766 Class 25
Texas Choppers Trademark
Logo & Name REG#5080894 Class 25
State of Massachusetts Trademarks
American Ironhorse REG#82031 Classes 12,16,21,25
American Ironhorse Motorcycles REG#82144 Class 25
Texas Choppers REG#82030 Class 25
Italian Choppers REG#82020 Classes 12,25
Use of the Services constitutes your acceptance of the Agreement.
Your acceptance of the Agreement provides you with a limited and temporary
license and permission to use the Trademark,copyright,software and other resources of the Services, which license and permission we may revoke at any time, as described below.
1. Copyright Rights
We own or license all copyright rights in the text, images, photographs, video, audio, graphics,user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
You may use the Services and the contents contained in the Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes,is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation,database or directory, is prohibited absent our express prior written consent.
2. Trade and Service Mark Rights
We (or our affiliates) and our dealers own all rights in the product names,
company names, trade names, logos, product packaging and designs ("Trademarks") of the
American Ironhorse and such member clubs, and third parties own all Trademarks in their respective
products or services, whether or not appearing in large print or with the trademark symbol.
Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or
misleading uses, is prohibited under the trademark laws of the United States and other countries.
You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this
Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right
to do so.
3. Modification of This Agreement
We reserve the right to amend this Agreement at any time by posting an updated version.
You should therefore periodically visit this page to review the then-current Agreement.
Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services.
4. Special Terms and Conditions Applicable to Services/Products Offered for Purchase Through the Sites
You may be able to buy certain products and services from third-party operated store-fronts available within ("Third Party Sales Locations").Even though the Third Party Sales Locations may have the look and feel of the Site, please be aware that such Third Party Sales Locations may be governed by additional terms of use agreements.
You should read the Terms of Use agreements applicable to such Third Party Sales Locations. We expressly disclaim any responsibility or liability for any damage, loss or injury arising out of the activities of any Third Party Sales Locations or any product or service provided therein.
5. Compliance with Laws/Regulations
You are required to comply with all applicable laws and regulations in connection with your use of the Services,
and such further limitations as may be set forth in any written or on-screen notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement.We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that:
(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant us the rights and licenses set forth in;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant us the rights and licenses set forth;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, hateful,slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity,religion, sexual orientation, gender, or similar characteristics;
(e) contains false statements or misrepresentations that could damage you, us or a third party;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Services,or for purposes of registering for any promotions offered through the Services;
(b) delete or revise any material or other information of any other user of the Services;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders,robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to,or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Services;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with,law enforcement authorities in prosecuting users who are involved in such violations.
You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Services.
7. Indemnification
Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors,co-branders or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of any of Your Content that you submit, post to or transmit through the Services, your use of the Services, your use of any Modular Content, your violation of this Agreement or your violation of any rights of another.
8. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State Massachusetts, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Massachusetts and California or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Massachusetts and California, in all disputes arising out of or relating to the use of the Services.
9. United States Jurisdiction
The Services are operated out of the United States of America. We do not represent that content or materials presented on the Services are appropriate (or, in some case, unavailable) for use in other locations. If you access the Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.
10. Severability and Integration
This Agreement constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible,the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Services changes to this Agreement, or by a subsequent writing signed by us.
11. No Waiver
Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
12. No Professional Advice
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication,is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice.Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special,
exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
13. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. Termination
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Services, with or without notice and with or without cause. Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Services and of this Agreement. In addition, because the license you grant to us in Your Content is perpetual,termination of this agreement does not terminate our license to use Your Content as described elsewhere in these Terms of Use.
15. Notices
At our option, we may give notices to users of the Services by posting a message on the Service, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to
Americanironhorsellc@gmail.com OR Italianchoppers@yahoo.com
Notices to us by conventional mail must be sent to: American Ironhorse LLC OR Italian Choppers LLC 64 HIGH STREET SOUTHBRIDGE MA 01550 . Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.
16. Violations
You will have 28 days to respond by authorized representative.Unless an officer or legal representative of AMERICAN IRONHORSE LLC is contacted within that time to resolve.
All violations will have a FINE of $12,500 -$100,000 that will be due within 45 days of receipt.
If no response is given and or fine paid.Legal proceedings will follow.
Lawsuits will be held in U.S.Federal courts ( MA) and or other if applicable.
17.
You will have 28 days to respond by authorized representative.Unless an officer or legal representative of ITALIAN CHOPPERS LLC is contacted within that time to resolve.
All violations will have a FINE of $12,500 -$100,000 that will be due within 45 days of receipt.
If no response is given and or fine paid.Legal proceedings will follow.
Lawsuits will be held in U.S.Federal courts ( MA) and or other if applicable.
Italian Choppers Trademarks
REG #4211819 & 4482727 Classes 12,25,35
REG #5058953 Class 25
Logo & name Classes 12,25 REG# 5049038
American Ironhorse Copyright
REG# VA 2-056-616
American Ironhorse Trademarks
Logo & name REG # 5112094 Classes 12,16
REG# 5140249 Classes 12,35,40
REG# 5135828 Classes 9
American Ironhorse Motorcycles Trademark
Class 25 Reg# 5048900
Horse Logo's
Logo REG# 5227106 Class 16
Logo REG# 5227104 Class 21
Logo REG# 5164765 Class 25
Logo REG# 5164766 Class 25
Texas Choppers Trademark
Logo & Name REG#5080894 Class 25
State of Massachusetts Trademarks
American Ironhorse REG#82031 Classes 12,16,21,25
American Ironhorse Motorcycles REG#82144 Class 25
Texas Choppers REG#82030 Class 25
Italian Choppers REG#82020 Classes 12,25
