Terms of use

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

The materials on this web site (the "Site") are provided by Sprocket Media Group, LLC – A division of Raceway Media ("SMG") as a service to its customers, visitors, users or members ("You" or "Your") and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from or using this Site, You agree to these terms (the "Agreement"). If You do not agree to them, do not use the Site or download any further materials from it. If You object to any material found on this Site, please bring Your concerns to the attention of support@Sprocketlist.com. The web site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.

1. TRADEMARK and COPYRIGHT INFORMATION: "SprocketList", "Sprocketlist.com", "Sprocket Media Group", "SprocketMediaGroup.com", "Premier Listing", "Gallery Listing", "Featured Listing" and the SMG logo are the property of SMG. All other names and trademarks are the property of their respective holders.

2. SINGLE COPY LICENSE: The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may download one copy of the information or software ("Materials") found on the SMG Site on a single computer for Your personal, non-commercial internal use only, unless specifically licensed to do otherwise by SMG in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

3. TERMINATION OF THIS LICENSE: SMG may terminate this license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy the Materials.

4. OWNERSHIP OF MATERIALS: All Materials on this Site are Copyright ©SMG Media, LLC 2010, All Rights Reserved, unless indicated otherwise. SMG retains all copyrights in the individual pages, and their components, and collective works available at the Site.

   The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without SMG’s prior written permission. Except as expressly provided herein, SMG, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents do not grant any express or implied right to You under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to You by SMG in writing or incorporated elsewhere in the Materials.

5. DISCLAIMER: THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL SMG, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY SMG OR SMG’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER SMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMG ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. SMG and its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. SMG may make changes to these materials, or to the products described therein, at any time without notice. SMG makes no commitment to update the Materials. Any description of products or services in the Materials is not a representation that any particular products or services are available for sale or distribution in Your location. You agree to indemnify and hold SMG and its agents harmless from any fines, penalties, claims, complaints, or other actions arising from Your unlawful use or possession of any of the Materials obtained from or through the Site.

   If necessary and in accordance with applicable law, SMG will cooperate with local, state and/or Federal authorization to protect this Site, visitors, customers, members, SMG, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Site.

6. LIMITATION OF LIABILITY: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, SMG SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND SMG AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF [$1,000] OR THE FEES YOU PAID SMG DURING THE YEAR IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND SMG AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND SMG AND REFLECTS THE FEES, IF ANY, SMG CHARGES YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, SMG WOULD NOT PROVIDE THE SITE TO YOU.

7. INDEMNITY: You agree to defend, indemnify and hold SMG, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including SMG’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using Your Classified Number and/or Password.

8. USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). SMG will have no obligations with respect to the Communications. SMG and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

   Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. SMG hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by SMG in its sole discretion and without further notice.

9. LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of SMG and SMG is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. SMG reserves the right to terminate any link or linking program at any time. SMG has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and SMG shall not be responsible for notification of any change in name or location of any information of the Site. SMG reserves the right to request any web site administrator to disable or remove any link that violates any rights of SMG or causes interruption or deterioration of services provided by SMG. Failure to abide by this request shall be dealt with as any other unauthorized use or access to SMG resources.

10. DEALINGS WITH ADVERTISERS/CLASSIFIED ADVERTISERS: Correspondence Generally: Your correspondence or business dealings with, or participation in promotions of, advertisers or classified advertisers (collectively "Advertisers") found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Advertiser. You agree that SMG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Site.

    Product Information, Condition, Warranty: KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE OR LEASE as an Advertiser is not prohibited from negotiating all of the terms and conditions of the final sale.

    IT IS YOUR RESPONSIBILITY TO READ THE DESCRIPTIONS OF THE MOTORCYCLES, ATV’S, PWC’S, SNOWMOBILES, TRUCKS, TRAILERS, RECREATIONAL VEHICLES, PARTS AND EQUIPMENT, ACCESSORIES, AND/OR ANY OTHER PRODUCTS (COLLECTIVELY, THE "PRODUCTS") PROVIDED BY THE ADVERTISER AND TO PHYSICALLY INSPECT THE PRODUCT PRIOR TO COMPLETING YOUR PURCHASE(S).

    Advertiser is responsible for disclosing prior rental and demonstrative history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage defect or irregularity of the Product.

    It is Advertiser’s sole responsibility to ensure that the Product meets all local state and federal emission and safety standards applicable for the model and year of the Product.

    ASK FOR A COPY OF THE WRITTEN WARRANTY BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE.

    Return Policy: ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE YOU COMPLETE THE PURCHASE OR LEASE OF A PRODUCT. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE.

    Product Availability and Prices: SMG DOES NOT GUARANTEE PRODUCT PRICES OR AVAILABILITY. All transactions are conducted by Advertisers. All Product descriptions and prices provided to You on SMG’s Site, or via separate contract following Your submission of a purchase request or inquiry to the Advertiser, are made by the participating Advertiser possessing the described Product and not SMG.

    ALL PRODUCTS ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST OR INQUIRY IS PROCESSED OR RECEIVED BY AN ADVERTISER. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY.

    Deposits: IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR PRODUCT PURCHASE OR LEASE.

    Absent a specific agreement between You and the Advertiser, the Advertiser is not required to hold any Product off the market and is free to sell any Product at any time before You have executed the contract to purchase such Product.

    The act of submitting a purchase request through SMG’s Site does not place a hold on any specific Product in an Advertiser’s inventory. A monetary deposit made by You to the Advertiser is not a guarantee that a specific Product will be available for You to purchase unless You and the Advertiser specifically agree to such term. It is Your responsibility to confirm with the Advertiser that the Product will be held off the market until You can complete the purchase.

    Whether Your deposit is refundable or not is subject to Your contractual agreement with the Advertiser and/or state law. You should not assume a deposit made by You towards the purchase or lease of a Product is fully refundable.

11. APPLICABLE LAWS: This Site is controlled by SMG from its offices within the Commonwealth of Massachusetts. SMG makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.

12. DISPUTE RESOLUTION: Any dispute between SMG and You arising out of this Agreement shall be resolved first by direct communication with one or more of SMG’s management team members. Should SMG and You be unable to resolve the dispute by communication, either SMG or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of SMG’s headquarters and pursuant to Massachusetts state law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify nonbreaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

13. ENTIRE AGREEMENT: This Agreement, including the Privacy Policy and Guidelines incorporated herein by this reference, contains the entire agreement between You and SMG relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) statements of any of SMG’s employees. SMG reserves the right to make changes to this Agreement at any time without advance notice. SMG agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

14. TERMINATION: Your right to access and use the Site immediately terminates without further notice upon Your breach of this Agreement. SMG may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 5, 6, 7, 10, 13, 14 and 17 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. SMG reserves the right to discontinue or make changes to the Site at any time.

15. ASSIGNMENT: SMG may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without SMG’s prior written permission. Any attempt by You to assign Your rights under this Agreement without SMG’s permission shall be void.

16. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

17. FORCE MAJEURE: SMG shall not be liable for any failure or unavailability of the Site and/or services or failure by SMG to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond SMG’s control.

18. CLAIMS OF COPYRIGHT INFRINGEMENT: We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

    Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

    Notification must be submitted to the following Designated Agent: Service Provider: SMG Media LLC

    Name of Agent Designated to Receive Notification of Claimed Infringement: Paul J Renaud

    Full Address of Designated Agent to Which Notification Should be Sent: 106 Main St, North Adams MA 01247

    Telephone Number of Designated Agent: (413) 663-3384

    Facsimile Number of Designated Agent: (413) 663-3615

    E-Mail Address of Designated Agent: support@sprocketlist.com

    To be effective, the notification must be a written communication that includes the following:

    1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Sprocketlist.com Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

    1. Your physical or electronic signature;
    2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Raceway Media may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
19. NOTICE: SMG may deliver notice to You under this Agreement by means of electronic mail, a general notice on Sprocketlist.com TM , or by written communication delivered by first class U. S. mail to Your address on record in SMG’s account information. You may give notice to SMG at any time via electronic mail to support@Sprocketlist.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

    Sprocket Media Group, LLC
    P.O. Box 491
    North Adams, MA 01247
    Tel: 413-663-3496
    Fax: 413-663-3615
    Attn: Paul Renaud
    Electronic Mail: support@Sprocketlist.com

20. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

21. INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.

Copyright ©2010 SMG Media, LLC, All rights reserved