GENERAL

This web-site is intended to be a friendly, enjoyable, and useful experience, but as with anything concerning any kind of transactions, there are risks involved. Before using this site, you must agree to all of the following terms and conditions and adhere to all posted Xoomage Policies on this site. We highly suggest that you read this Xoomage User Agreement (Agreement) before registering. This Agreement is binding for the Xoomage.com website and any other Xoomage owned domains (Sites), now and in the future. If you spot a listing that you feel is violating the general terms and conditions of this Agreement as stated below, or know of any user (Xoomers) that are in violation of this Agreement, please let us know by contacting us at nono@xoomage.com.

Membership:

Membership to this and all other Xoomage Sites is free and only available to those of you who can form and enter in to a legally binding contract. This site does not permit minors (under 18) to register. If any member fails to signup with their correct age or under any false pretenses or with false information, the account will be terminated with immediate effect.

Rights To Suspend or Terminate:

You agree that we, as owners of this web-site, and at our own discretion, may terminate any auction or use of the service immediately and without notice or penalty if (a) We believe that you are not abiding by the general rules of the site; (b) You have repeatedly broken a certain term; (c) You have listed a suspicious or offensive item; (d) We believe you to be a non paying bidder; or if (e) You break any of the Xoomer “Don’t Do It” terms. In most cases, when we suspect incorrect use of the facilities provided we will suspend your account/listing for an indefinite period while we investigate further. If our investigation is conclusive then we have the right to terminate your account with immediate effect and you may be banned from all Xoomage Sites, indefinitely.

“Don’t Do It” Terms:

You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items and use of all other Xoomage Sites and services does not violate any applicable laws or regulations. “Don’t do it” means:

• You must not transmit through these Sites any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.


• You must not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.


• Do not price fix or participate in “shilling” practices which is the false raising of bid prices through 3^rd party bidding. See our “No Shilling Policy” for more information.


• Don’t manipulate pricing on any auction or interfere with any other Xoomer’s auctions or stores.


• Don’t interfere with, avoid, circumvent, or try to manipulate Xoomer Site Fees or Xoomage billing procedures or fees owed to Xoomage.


• Don’t use Xoomage or any of our Sites if you are not of legal age (18), are not able to form legally binding contracts, or are currently banned or suspended from any of the Xoomage Sites.


• Don’t list or post any information or content that is untruthful, misleading, harmful to others reputation or otherwise, spam, chain mails, unauthorized copyright or trade marked material, illegal, pirated materials, vulgar, objectionable (Xoomage sole discretion), profanity or otherwise not consistent with the integrity of the activities of Xoomage and its Sites.


• Don’t use the site for any activities unrelated to Xoomage, collect information about Xoomers, including email addresses, use a Xoomer ID that is not yours or transfer your Xoomer account to any body else, without Xoomers permission.


• Don’t hurt Xoomage or any of its Sites through malware, adware, viruses, crawlers, spybots, web-bots, go-bots, robots or any other kind of bot or technology that is malicious and is intended to harm Xoomage and/or any of its users or affiliates, or capture unauthorized or copyrighted information.


• Don’t post or take any action that would negatively impact the integrity of the Xoomage feedback system or its users, or use it for unrelated Xoomage activities without permission.


• Don’t rip people off by failing to deliver products as purchased from you as a seller that has been paid for, unless they haven’t met all the terms of the listing, can’t be verified as a legitimate Xoomer, or can’t authenticate the buyer’s identity.


• Don’t rip people off by failing to pay people for auctions that you bid on and won unless there was a clear and obvious flaw in the listing, the description was changed from the original auction after bidding was concluded, or you can’t verify or authenticate the seller’s identity.


• Don’t use, copy, or change any of Xoomage’s trademarks or copyrighted material or marks.

General Terms and Liability Stuff:

This site acts as the window for sellers to conduct auctions and for bidders to buy on sellers' auctions. We have no active involvement or participation in any transaction between buyers and sellers. As a result, we exercise no control over the quality, safety, or legality of the items listed, nor accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. We can not and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, there are risks of dealing with foreign nationals, underage persons, or people acting under false pretense. As a result, you will hold Xoomage and its owners, officers, employees, agents, assigns, subsidiaries, and affiliates harmless from any claim or demand arising from these auctions.

This site and its owners shall not be responsible for any items sold by auction, for any damage to items during transit, or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This site and its owners assume no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can; contact us at nono@xoomage.com to report any fraudulent or suspicious activities or listings.

Engaging in this Agreement does not constitute or imply any sub-contracted partnership, joint venture, franchise type, or agent assign between Xoomage and you.

You will indemnify and hold Xoomage and its owners, officers, employees, agents, assigns, subsidiaries, and affiliates harmless from any claim or demand from any third party actions arising out of your breach of the Agreement, Xoomage Policies, and/or your violation of any US or International law or other rights of a third party. Any attorneys’ fees are included in the indemnification of the aforementioned in this section.

If you have a dispute or a claim against any Xoomers on any of the Xoomage Sites, you agree to release Xoomage owners, officers, employees, agents, assigns, subsidiaries, and affiliates from any claims, demands, and damages of every kind and nature, known and unknown arising out of or connected in any way, in the whole universe, to such disputes, regardless of the state or jurisdiction that these claims fall under.

Xoomage may amend, change, or modify this Agreement at any time by posting the revised Agreement on the Xoomage Sites. These revisions are effective immediately upon the day of posting. Xoomage will notify you via the Xoomage Site message center, of the effective changes. This Agreement may not be changed, amended, or modified except in writing signed by you and an authorized officer of Xoomage. This Agreement supersedes any and all other Agreements as entered into by you and us.

Resolutions:

While it is our goal and intention of having fun Sites for you to visit and buy/sell motorcycles and related stuff, we realize that over the course of time, there may be disputes. Any claims or filed disputes should be valid and not wrongful or frivolous in nature. You and Xoomage agree to try and resolve any dispute between the two parties first. We will consider all reasonable offers to resolve the dispute between us or if necessary, resolve it through a cost effective alternative such as arbitration or mediation before entering into costly litigation.

The law and forum will be governed in every respect by the laws of the State of Tennessee and in accordance with the TCA (Tennessee Code Annotated). You agree that any claims or actions brought by you against Xoomage must be resolved in a court located in Sumner County, Tennessee unless otherwise mutually agreed upon, or unless it can be resolved via mediation or arbitration that does not require the physical appearance of either party. For any claims under $15,000 total award, the requesting party may elect to resolve the dispute using binding mediation or arbitration. As determined by the requesting party, a respected, neutral party must be used and mutually agreed upon by both parties and must belong to either the American Arbitration Association or the American Mediation Association. Hearings must be conducted in Sumner County, Tennessee unless the arbitrator or mediator will hear the dispute via non-appearance based testimony (phone; on-line, or written testimony) and not involve personal appearances by either party or witnesses, unless mutually agreed upon by both parties. Both parties agree to be bound by the decision of the mediator/arbitrator and the judgment on award may be entered into any court of competent jurisdiction.

Any frivolous or wrongfully filed claims against Xoomage outside the boundaries of this section will be considered frivolous and improper and as such, Xoomage may recover attorney fees and costs for materials and expenses for the filing and defending of this claim. Xoomage will provide you adequate notice regarding the status of this particular determination of these claims via email.

Location:

Xoomage, LLC mailing address is P.O. Box 2029, Goodlettsville, TN 37072. (615) 264-3106 Fax. You may direct any questions to support@xoomage.com.