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Terms of Use

This Terms of Use Agreement “Agreement” is a legal agreement between you (“User”) and Machineart, Inc. that governs your use of this website. By utilizing this Machineart, Inc. website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement.

Machineart, Inc. may amend these terms and conditions at any time. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.

Corporate Identification and Trademarks

The content of the MachineartMoto site is proprietary to Machineart, Inc. and is protected by intellectual property laws. All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this website are the property of Machineart, Inc. unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without prior written permission from Machineart, Inc.

Limitation of Liability

Machineart, Inc. makes no express or implied warranties of any kind. Customer agrees that use of the service is entirely at customer’s own risk. Services are provided ‘as is,’ without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service. Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Neither the service nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the service.

Indemnification

User agrees, at User’s expense, to indemnify, defend and hold harmless Machineart, Inc., its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this website or any product or service related thereto.

Venue and Governing Law

This Agreement and the relationship between User and Machineart, Inc. shall be governed by and construed in accordance with the laws of the State of New Jersey. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Hunterdon County. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach
or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.
Machineart, Inc. may amend these terms and conditions at any time. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.