Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

Welcome to Motorcycle-411.com. These website Terms and Conditions of Use (“Terms”) contain the terms and conditions upon which Motorcycle-411 is willing to provide you access to and use of this Motorcycle-411  website and all related pages, mobile applications, information, databases, materials and services (collectively, the “Site”), and govern (i) any payment of premiums or, renewals, or otherwise that you make to Motorcycle-411 through the Site, (ii) any request you make to Motorcycle-411 to subscribe to any Motorcycle-411 mailing list, and (iii) your use and purchase of any products, policies, and/or services available through the Site (collectively, the “Services”). These Terms form a contract between you and Motorcycle-411. If you do not agree to be bound by these Terms, you may not access or use the Site or the Services. Use of the Site or purchase or use of the Services indicates your acceptance of these Terms, Motorcycle-411’s website Privacy Policy, and any other separate terms and conditions you expressly agree to be bound by when purchasing or using such Services. Please scroll down through these Terms to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions. YOUR USE OF ANY PORTION OF THE SITE CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.

If you have questions regarding these Terms for Seattle Motorcycle Insurance® branded products or services, please contact Motorcycle-411 by phone at 1-888-999-2598or by email at Help@Motorcycle-411.com. 

License
You may only use this Site if you are at least 13 years of age. By accessing any portion of the Site, you have a limited license to use the Site and Services, including the limited right to view, bookmark, download and print, for your non-commercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use and/or payment in these Terms or on the Site. These Terms cannot be waived or modified by any oral communications between you and Motorcycle-411. 

Updating terms
Motorcycle-411 reserves the right, at its discretion, to change, delete, and update portions of these Terms or other policies that govern use of the Site at its discretion, at any time, for any reason, including the right to terminate the Services or any part of the Services. You should review these Terms periodically for changes. Any amendments and modifications by Motorcycle-411 will be prospective only, and unless otherwise provided in the Terms, will be effective upon being posted on the Site. The Terms can be accessed from the link at the bottom of each Site page. If you use the Site after we post changes to the Terms, you agree to the changed Terms. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

If you have an account or other relationship with Motorcycle-411 that relationship is governed by the agreement specific to that particular account or relationship; provided that nothing in these other agreements shall diminish the protections and rights provided to Motorcycle-411 under these Terms. Except as may be expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute the entire agreement between you and Motorcycle-411 with respect to the use of the Site. 

Services information
Without limiting the disclaimer language in these Terms, the Services information contained on this Site is believed to be accurate at the time of posting. However, occasionally Motorcycle-411 may find it necessary to make revisions. Motorcycle-411 reserves the right to make all such changes without notice. Additionally, Service availability varies by state. Not all of the Motorcycle-411 companies are licensed in each state. Therefore, you can confirm the Services information for Seattle Motorcycle Insurance® branded products by phone at 1-888-999-2598or by email at Help@Motorcycle-411.com.

Site Registration and Personal Information and Unauthorized Use
When you register, sign-up for, purchase, or make payments on any Motorcycle-411 products or services, whether through the payment process, purchasing process or otherwise, you agree to provide true, accurate, current and complete information, whether through questionnaires, registration forms, or other information requests, including, without limitation, passwords, usernames, login IDs, Social Security Number, driver’s license number, credit card and financial information, and other personally identifiable information (collectively, “Personal Information”). You agree not to provide Personal Information that is false, inaccurate, misleading, or fraudulent. You agree to provide Motorcycle-411 with any information reasonably requested by Motorcycle-411 related to the provision of the Services. You are solely responsible for all transactions and transmissions that occur through the use of your Personal Information, and it is your responsibility to maintain and promptly update your Personal Information. You agree that Motorcycle-411 is not liable to you or any third party for damages or losses related to the accuracy or disclosure to Motorcycle-411 of your Personal Information. It is your responsibility to maintain the confidentiality of your Personal Information, including your password for the Site. This will assist in preventing unauthorized use or misuse of the Site and protects you, Motorcycle-411 and other Site users. If you believe that someone has used your Personal Information to access any Motorcycle-411® branded products or services without your authorization, please contact Motorcycle-411 immediately by phone at 1-888-999-2598or by email at Help@Motorcycle-411.com.

Restrictions on Use of Motorcycle-411 Materials on the Site
Your use of the Site includes the limited right to view, bookmark, download and print, for your non-commercial, personal use and information only, those pages of the Site that interest you. Your use of any materials or software from the Site is terminable by Motorcycle-411 at any time under the circumstances described in these Terms.

Motorcycle-411 or its content providers own all of the content, materials, and other intellectual property related to the Site and the Services, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressly set forth in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited.

The contents and use of the Site (including Motorcycle-411’s name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You may not delete or change any copyright or trademark notices, and cannot alter or modify the content in any manner without the express written permission of Motorcycle-411.

You further agree you may not:

  1. use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
  2. copy (except as set forth above for non-commercial personal use), modify, distribute, create any derivative or compilation work from, or display Motorcycle-411’s name or logo, or any text, graphic images, or other content from the Site or redeliver such content using framing or similar technology;
  3. use any device designed to provide repeated automated access to the Site other than those made generally available by Motorcycle-411;
  4. include the Motorcycle-411 logo, and other marks, including but not limited to, Motorcycle-411, Hardware Mutuals, Captain John Parker logo, Patriot General, Payback, Plain Talk, Project Partnership, Motorcycle-411, Motorcycle-411World, Special 401“K”, and the names of various products and services described within and offered by Motorcycle-411 or any other Motorcycle-411 trademarked materials, the name of any Motorcycle-411 personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Motorcycle-411 and you, any other party, or any other website, or otherwise use these items without Motorcycle-411’s express written permission;
  5. collect, harvest or store personal data about other users of the Site;
  6. upload, e-mail or otherwise transmit to Motorcycle-411 or through the Site or any Motorcycle-411 computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by Motorcycle-411;
  7. create a link to the Site without Motorcycle-411’s prior written permission;
  8. use the Site to advertise or perform any commercial solicitation;
  9. use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  10. use any robot, spider, scraper, or any other automated means to access the Site or the Services for any purpose without Motorcycle-411’s express written permission;
  11. forge any TCP/IP packet header or any part of the header information in any e-mail or posting;
  12. take any action that Motorcycle-411 believes, in its sole discretion, imposes, or may impose an unreasonable or disproportionately large load on the Motorcycle-411 infrastructure;
  13. interfere or attempt to interfere with the proper working of the Site, the Services, or any activities conducted on the Site; or
  14. bypass measures used by Motorcycle-411 to prevent or restrict access to the Site or the Services, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Motorcycle-411; or
  15. contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

Motorcycle-411 reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities.

Motorcycle-411 does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users, nor does Motorcycle-411 endorse any opinions expressed by users or any third parties using the Site. Any reliance on material posted by other users shall be at your own risk.

Motorcycle-411 shall have a royalty-free, irrevocable, transferable right and license to use any comments, ideas, suggestions, information, files, images or other materials you submit, upload or post to Motorcycle-411 or the Site (“Submissions”) however Motorcycle-411 desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Motorcycle-411 is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions.

You grant Motorcycle-411 the right to use the name that you submit in connection with any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. Motorcycle-411 and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party.

You agree to defend, indemnify and hold Motorcycle-411 harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Motorcycle-411 arising out of any Submissions you post or allow to be posted to the Site.

Please review the Site’s Privacy Policy for more information regarding Motorcycle-411’s policies and procedures for disclosing and using your personal information.

Termination, Removal of Materials, and Monitoring
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Site and any related Services. You agree that Motorcycle-411 may terminate, restrict, or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, at its sole discretion, without prior notice to you and without any liability to you. Motorcycle-411 also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in Motorcycle-411’s sole discretion, may create liability for Motorcycle-411, its agents or its contractors or may affect Motorcycle-411’s business relationships or contracts with its agents or its contractors. Motorcycle-411 further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms – though Motorcycle-411 shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that Motorcycle-411 has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release Motorcycle-411 from any liability related to its monitoring activities. If Motorcycle-411 denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials. You acknowledge that, upon termination, Motorcycle-411 may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, the Site, and the Services.

Accuracy of Materials
Although Motorcycle-411 attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and the Materials. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Motorcycle-411 so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Motorcycle-411 shall have no responsibility or liability for information or Materials posted to the Site from any non-Motorcycle-411 affiliated third party.

Website Links and Third-Party Information on the Site
For your general informational use only, Motorcycle-411 may provide access to third party websites. These links allow you to leave the Site. Motorcycle-411 is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Motorcycle-411 or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which Motorcycle-411 may link). By providing access to other websites, Motorcycle-411 is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization. Motorcycle-411 does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

Motorcycle-411 may include third party information on the Site for general informational purposes only. Motorcycle-411 is unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site. Your acceptance of these Terms indicates that you agree Motorcycle-411 does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content and Motorcycle-411 is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom Motorcycle-411 conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or make the third parties or your partners or joint venturers with Motorcycle-411, or otherwise provide you or any third parties with any rights to act on Motorcycle-411’s behalf.

Disclaimers and Limitations of Liability
In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your Personal Information for unauthorized or illegal purposes.

YOU AGREE THAT MOTORCYCLE-411, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “MOTORCYCLE-411 PARTIES”) HAVE LIMITED LIABILITY TO YOU FOR ANY DIRECT CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT YOU CLAIM ARISE FROM THE USE OF THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE. THE MAXIMUM LIABILITY OF THE MOTORCYCLE-411 PARTIES IS LIMITED TO THE LESSER OF THE AMOUNT (IF ANY) PAID BY YOU TO MOTORCYCLE-411 TO PURCHASE THE PARTICULAR PRODUCTS OR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, OR THE AMOUNTS PAID BY YOU TO MOTORCYCLE-411 TO PURCHASE PRODUCTS OR SERVICES IN THE THREE (3) MONTHS PRECEDING ANY CLAIM WHERE YOUR CLAIM DOES NOT RELATE TO PRODUCTS OR SERVICES PURCHASED, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO MOTORCYCLE-411. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY MOTORCYCLE-411 IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE MOTORCYCLE-411 PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). THE MOTORCYCLE-411 PARTIES MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN MOTORCYCLE-411, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON MOTORCYCLE-411’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO MOTORCYCLE-411.

Any references on the Site to product or service warranties provided by Motorcycle-411 related to products or services already purchased by you are provided for informational purposes only. These references are not intended to extend, republish, or modify any warranties that accompanied the products or services at time of purchase or to create new warranties. When you provide Motorcycle-411 with an e-mail address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold Motorcycle-411 responsible for any misuse or unauthorized viewing of that information.

Indemnification
In consideration of your use of the Site, you hereby agree to indemnify the Motorcycle-411 Parties (and any of its third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your Personal Information by a party other than Motorcycle-411.

Applicable Law
Motorcycle-411 controls and operates the Site from our offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to Motorcycle-411 and your use of the Site.

Waiver
No failure to exercise and no delay in exercising, by Motorcycle-411, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by Motorcycle-411 of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Motorcycle-411.

Copyright Agent for Claims of Copyright Infringement
We disclaim any responsibility or liability for third party copyrighted materials posted on our Site. Pursuant to the Digital Millennium Copyright Act, Motorcycle-411 designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Motorcycle-411’s designated agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and e-mail address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Motorcycle-411’s designated agent for notification may be contacted at:

Motorcycle-411

Legal Department
Attention: Bob Crenshaw, Legal & Compliance Manager
2442 North 43rd St
Seattle, WA 98101

888-999-2598

Bob.crenshaw@motorcycle-411.com

Dispute Resolution
If a dispute arises between you and any of the Motorcycle-411 Parties, it is the goal of Motorcycle-411 to work in good faith with you to quickly and amicably resolve the dispute. All disputes, claims, or controversies (“Claims”) arising under or relating to these Terms, the Site, or the Services that cannot be resolved informally, will be finally resolved by binding arbitration as described herein.

Any dispute arising under or related to these Terms, the Site, or the Services (including the arbitrability of such a dispute and the existence, validity, interpretation, performance, termination or breach thereof) shall be finally settled by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), with the arbitration to be commenced no later than one (1) year after such Claim accrues. If you fail to commence binding arbitration within one year after such Claim accrues, it shall be deemed forever waived. A judgment upon an arbitrator’s award may be entered by any court of competent jurisdiction. The arbitrator shall be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration related to these Terms, the Site, or the Services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim).

The above obligations to arbitrate shall not: (i) apply to violations of the Restrictions on Use of Motorcycle-411 Materials contained above; or (ii) prevent a party from seeking a preliminary injunction, temporary restraining order, specific performance or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.

Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the Site, the Services, or these Terms shall be in Stevens Point, Wisconsin. Any matter brought before a court shall be brought solely in the state or federal courts located in Stevens Point, Wisconsin. The parties hereby waive their right to a jury trial.

Independent Parties
For purposes of these Terms, the parties hereto shall be independent contractors and neither shall at any time be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by the Terms.

QUOTING OR PURCHASING A POLICY

Paperless transaction
Motorcycle-411 is required by law to provide you with certain disclosures and information about the insurance policy (the “Policy”) available to you for purchase (“Required Information”). With your consent, Motorcycle-411 can deliver Required Information to you quickly and conveniently by displaying the Required Information on the Site electronically and requesting that you print the Required Information and retain it for your records.

THIS NOTICE CONTAINS IMPORTANT INFORMATION THAT YOU ARE ENTITLED TO RECEIVE BEFORE YOU CONSENT TO ELECTRONIC DELIVERY OF REQUIRED INFORMATION. YOUR CONSENT ALSO PERMITS THE GENERAL USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES IN CONNECTION WITH YOUR POLICY. PLEASE READ THIS NOTICE CAREFULLY AND PRINT OR DOWNLOAD A COPY FOR YOUR FILES.

Your acceptance of the Terms of the Site indicates your agreement to receive Required Information from Motorcycle-411 electronically and to the general use of electronic records and electronic signatures in connection with your policy with Motorcycle-411.

ELECTRONIC DISCLOSURE STATEMENT
You may request to receive Required Information on paper, but if you do not consent to electronic delivery of Required Information it will not be possible for you to purchase or maintain the Policy with Motorcycle-411 via the foregoing online paperless process (although alternate methods of obtaining insurance coverage with Motorcycle-411 will continue to be available). When you consent to electronic delivery of Required Information, you may still withdraw that consent at any time. However, withdrawing your consent will result in the termination of your right to access certain portions of the Site. Your consent to electronic disclosures applies to any Required Information Motorcycle-411 gives you or receives from you in connection with your Policy over the life of Motorcycle-411’s relationship with you. The Required Information covered by the consent includes, among other things, notices, disclosures, agreements, communications, account statements and receipts. You agree to print out Required Information when we advise you to do so and keep it for your records. If you have any trouble printing out any Required Information, you may call Motorcycle-411 and request paper copies at 1-800-334-0090. If you need to update your contact information with Motorcycle-411, you may do so by calling 1-800-344-0090. If you wish to withdraw your consent to electronic disclosures, you may do so by sending Motorcycle-411 an e-mail at Help@Motorcycle-411.com for Motorcycle-411® branded policy.

After consenting to receive and deliver Required Information electronically, you may request a paper copy as well by calling 1-800-344-0090 or by email at Help@Motorcycle-411.com for Motorcycle-411® branded policy.

To access and retain electronic disclosures from Motorcycle-411, you must be able to view the disclosures on your display and send screen prints to your printer. Most Internet browsers provide a convenient method of printing the material you view on your monitor. In order to receive Required Information you should be using either Microsoft Internet Explorer version 8.0 or later, or a comparable Internet browser.

YOUR AGREEMENT TO THE TERMS OF THE SITE INDICATES YOU HAVE READ THE INFORMATION ABOUT THE USE OF ELECTRONIC RECORDS, DISCLOSURES, NOTICES, AND E-MAIL, AND CONSENT TO THE USE OF ELECTRONIC RECORDS FOR THE DELIVERY OF REQUIRED INFORMATION IN CONNECTION WITH YOUR POLICY WITH MOTORCYCLE-411; YOU ARE ABLE TO VIEW THESE DISCLOSURES USING YOUR COMPUTER AND SOFTWARE; YOU HAVE AN ACCOUNT WITH AN INTERNET SERVICE PROVIDER; AND YOU ARE ABLE TO SEND E-MAIL AND RECEIVE E-MAIL WITH HYPERLINKS TO WEBSITES. YOU ALSO CONSENT TO THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES IN CONNECTION WITH YOUR POLICY WITH MOTORCYCLE-411, IN PLACE OF WRITTEN DOCUMENTS AND HANDWRITTEN SIGNATURES.

Viewing the Site
Applicable law requires that certain statements and documents made available on the Site be provided in a particular font size. In using this Site, you acknowledge that your monitor resolution is set to 1024X768 and your Adobe “PDF” viewer is set to a view size of at least 100%. This will ensure that all statements and documents will be viewed at the proper size. You further acknowledge that when printing any statements or documents from the Site that they will be printed using the foregoing settings.

Password Registration
In order to retrieve a saved quote or policy documents via the Site, you need to create a password. This password is for your protection. Your acceptance of the Terms of the Site indicates your agreement to maintain the confidentiality and integrity of your password. Unauthorized use of your password does not create liability on the part of Motorcycle-411. Motorcycle-411 reserves the right to require you to periodically change your password. You shall not disclose your password to anyone else, and you shall not use anyone else’s password. You agree to notify Motorcycle-411 immediately about any unauthorized use of your password or any breach of security. You further agree that Motorcycle-411 is not responsible for any failure on your behalf to comply with the password requirement or any loss or damage arising out of, or related to, the use of your password by you or anyone other than Motorcycle-411.

Online Document Retrieval
Policy documents that you create while using the Site are only available online for at least 30 days, but not to exceed 3 years. These documents may include, but are not limited to, applications, mandatory signature forms and temporary ID cards. After this temporary availability has passed, you may retrieve these documents by contacting our customer service department at 1-888-999-2598or by email at Help@Motorcycle-411.com for Motorcycle-411® branded policies and services to have those documents sent to you. Saved quotes created on the Site are available online up to 30 days if a username and password are created. However, should a valid business need arise, this online availability may be temporarily removed.

Insurance Score/Consumer Report
Insurance scoring is a system used to determine credit worthiness and the stability of prospective financial and insurance applicants. Information about you and your credit experiences, such as your bill-paying history, the number and type of accounts with late payments, collection actions, outstanding debt and the age of your accounts is collected from your credit report. Using a statistical program, specialized companies compare this information to the credit performance of consumers with similar profiles. An insurance scoring system awards points for each factor and a final score is computed.

In connection with this application for insurance, we may review your credit history or obtain or use a credit-based insurance score based on the information contained in that credit history. We may use a third party in connection with the development of your insurance score. We will not order your credit history or order a credit-based insurance score if it is prohibited by your state’s laws. Your agreement to the Terms of the Site indicates your consent that we may order this report.

We cannot use credit history or an insurance score for any arbitrary, capricious, or unfairly discriminatory reason. Additionally, credit history or an insurance score based wholly or partly on residence, sex, race, color, creed, occupation, income, physical handicap or disability of an applicant or insured is prohibited. The information acquired to do the insurance scoring will be kept confidential and will only be used by our company to determine your rate.

Motor Vehicle Report
A routine inquiry may be made to obtain the motor vehicle records of all drivers of the vehicle(s) being insured. We may also obtain information from previous insurance companies. Reports received may contain information concerning character, general reputation, personal characteristics and mode of living. Upon written request, additional information as to the nature and scope of the report, if one is made, will be provided. Your agreement to the Terms of the Site indicates your consent that we may order this report.

Motorcycle-411 will verify the information you have given. Your agreement to the Terms of the Site indicates your authorization of Motorcycle-411 Insurance Group to obtain investigative consumer reports including motor vehicle records, loss reports and credit reports, as necessary to evaluate your application.

FAILURE TO DISCLOSE ALL ACCIDENTS AND CONVICTIONS MAY JEOPARDIZE COVERAGE OR CHANGE QUOTED POLICY PREMIUMS.

EFT/Credit Card Use
To complete your transaction online, you must authorize Motorcycle-411 to draw funds from a credit card account. The initial down payment will be drawn from a credit card that you are legally authorized to use. You agree to be bound by all Terms set forth by the credit card issuer for repayment of those funds. Should you choose to pay your monthly installments by electronic fund transfer, you represent that you are the authorized owner of that bank account and authorize Motorcycle-411 to initiate debit entries for the amount specified, at the depository financial institution indicated, and to debit specified amounts from such savings or checking bank account. You agree that your authorization will remain in full force and effective until Motorcycle-411 has received notice from you of its termination in such time and in such manner as to afford Motorcycle-411 a reasonable opportunity to act on it. Your agreement to the Terms of the Site represents and warrants that (A) you are legally authorized to use the accounts provided in the online payment section, (B) any credit card, debit card and bank account information you supply is true, correct and complete, and (C) charges incurred by you will be honored by your credit card company or bank.

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