Terms/Policies - Seller’s Market Agreement:

Welcome to the Rocky Mountain ATV/MC Seller’s Market. We are committed to creating a safe, fair and enjoyable environment for the selling of off-road and street bike products and accessories to fellow enthusiasts.

The policies below were specifically created to promote equal opportunity for buyers and sellers, provide an over-all enjoyable buying experience, minimize risk to buyers and sellers and support government laws and regulations.

This agreement applies to all current, and upon acceptance, new Seller’s Market members. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SELLER’S MARKET. BY REGISTERING FOR AND USING THE SELLER’S MARKET, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Before completing registration for the Rocky Mountain ATV/MC Seller’s Market, you must enter into an agreement to follow and accept the terms, conditions and policies of the Seller’s Market Agreement (the "Agreement"). Rocky Mountain ATV/MC reserves the right to change or add to this Agreement at any time at our sole and absolute discretion. You are responsible for reviewing the terms below and any updates that are posted from time to time on our website. Changes may be posted without notice to you. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY BEFORE USING THE SELLER’S MARKET. BY REGISTERING FOR AND USING THE SELLER’S MARKET, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Rocky Mountain ATV/MC may be referred as "We" or "Our" and the Rocky Mountain ATV/MC Seller’s Market may be referred as "Seller’s Market", "the site" or "website" throughout this Agreement.

Eligibility:

  • Participant (seller or buyer) must be at least 18 years old to participate. Participant must be able to enter into and form contracts under applicable law. Minors are not allowed to use the Seller’s Market. To register, you must supply your real name, address, phone number and email address along with other information we may require.
  • By registering and using the Seller’s Market, you are representing that you are not a minor (at least eighteen (18) years old) and may otherwise enter into and form binding contracts under applicable law.

Rocky Mountain ATV/MC Rights:

We reserve the right to:

  • Allow or reject participation in the Seller’s Market program to any person, or terminate an existing account at our sole discretion. Violation of any policies contained in this Agreement can lead to account termination.
  • Determine content on our website, including content regarding appearance, design, relevance and functionality.
  • Display or reject submitted and edited listings. All listings that are submitted and/or edited by sellers are first reviewed by a Rocky Mountain ATV/MC representative and will undergo a screening to make sure it fits within our guidelines and is relevant to the Seller’s Market before it is posted to the site.
  • Limit the amount of specific brand products an individual can sell, including Rocky Mountain ATV/MC house brands.
  • Monitor any and all seller/buyer activity.

Rocky Mountain ATV/MC’s involvement between the seller and buyer:

  • The Rocky Mountain ATV/MC Seller’s Market acts only as a web presence for visitors and for sellers and buyers to sell and buy goods.
  • Sellers and buyers are liable for their own actions and trade practices. Rocky Mountain ATV/MC is not responsible for, and will not be held liable for the actions or trade practices of sellers or buyers.
  • The seller and buyer use this site at their own risk. Rocky Mountain ATV/MC will not be held responsible for any loss that occurs relating to transactions between a seller and buyer.
  • We encourage the buyer and seller to use our contact forms to discuss questions about seller’s products, etc. Contact must be courteous and apply to the transaction.
  • We strongly encourage sellers and buyers to resolve disputes before leaving negative feedback.
  • Rocky Mountain ATV/MC is not the agent of and has no authority for either the buyer or seller for any purpose.

Buyer and Seller’s obligations:

  • By accepting this Seller’s Market Agreement, you agree to complete transactions according to the policies set forth herein. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
  • Sales, Use or other taxes: By accepting this Seller’s Market Agreement, you agree it is your responsibility to determine how taxes apply to a sale. Recording and reporting the tax that comes about from any sales is the seller’s and buyer’s responsibility. You also agree that Rocky Mountain ATV/MC is not responsible to collect or report any tax information for your sales or purchases. We will not extract our fee from any tax you collect.
  • You agree to do business in a lawful manner by following all local and federal laws and regulations.
  • You agree not to commit any fraudulent activity or misrepresentation of any kind, including using another person’s identity. Unlawful activity will be reported to authorities and Rocky Mountain ATV/MC will cooperate and reserves the right to work with those authorities by relaying information to ensure violators are prosecuted to the full extent of the law.
  • You agree not to use techniques to avoid or circumvent Rocky Mountain ATV/MC Seller Market fees.
  • You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose.
  • You agree that you will not: (a) take any action that imposes, or may impose, in our sole and absolute discretion, an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or (d) bypass any measures we may use to prevent or restrict access to the website.

Listing Policies and usage of the Rocky Mountain ATV/MC Seller’s Market:

Product:

  • Prohibited products include, but are not limited to: Pornography/erotica, tobacco/drugs, Illegal or stolen products, food items and products that infringe on any third-party’s intellectual rights including: copyright, trademark, patent, trade secrets and any other proprietary rights. Each listing submitted will be screened by a Rocky Mountain ATV/MC representative to ensure the product is relevant to the power sports industry and fit within our categories listed.

Product Pricing:

  • If an item is listed as "New" or "Like New," and the product is currently being sold on the Rocky Mountain ATV/MC website as a new item, the seller’s price must meet Manufacture’s Advertised Price (MAP). Some brands that are sold on our site require this pricing structure. The current retail price will automatically be inserted and displayed if an item is marked as "New" or "Like New" and the proper category drop downs have been selected when building your listing.
  • If an item is marked as "Used" by the seller, the seller will be able to mark the price as the seller sees fit. Note: Sellers are prohibited from creating "Used" listings and marking items as "New" or "Like New" in product description to avoid MAP pricing.

Product Description:

  • The seller agrees to list the product accurately and truthfully with no intent to mislead or deceive.
  • The seller agrees to keep the content free from profanities, adult content/language and any reference to illegal activities.
  • The seller agrees not to divert traffic or sales to another website or slander others. Seller also agrees not to add links, URLs to other websites, or email addresses.
  • The seller may not use another seller’s text description or images without their written consent.

Images:

  • Nudity or images with sexual content/erotica are prohibited. Any new or edited listings with this type of content will be rejected.
  • Pictures displaying illegal or dangerous activities will be rejected.
  • Any picture must be an image of the actual product and/or relevant to the listing.

Shipping:

  • Seller’s Market items will not be charged additional shipping by Rocky Mountain ATV/MC.
  • Seller’s Market orders are shipped ground only to the 48 continental United States.
  • Seller is responsible for shipping item to the buyer.

Listing Duration:

  • Listings are posted for 30 days, but can be deleted at any time by the seller before the sale is made.
  • The seller will have the opportunity to relist an item in additional 30 day increments before the listing expires.

Publishing the listing:

  • Rocky Mountain ATV/MC will review all new and edited listings and will either approve or reject the listing, at our sole and absolute discretion. If it is rejected, the seller will be notified with a reason why it was rejected and may be given further instructions.

Fees/Payments:

Fees:

  • Rocky Mountain ATV/MC will charge the seller 12% of the "Total" price of a sold item which includes: the price of the product and the shipping amount, excluding taxes. (Unless you tell us you are extracting taxes we will assume the total price does not include taxes.) Item price and shipping are combined and shown as one price to the customer on our site.

Payments:

  • Rocky Mountain ATV/MC will deposit the seller’s item price total (product price + shipping as stated above) minus 12% of the listing fee to either the seller’s PayPal® account or give the seller Rocky Mountain ATV/MC credit; whichever method the seller chooses when signing up for the program. (The PayPal®/store credit payment method preference can be changed at anytime by the seller in the account area.)
  • Payment will be released to the seller when the buyer verifies delivery or 10 business days after a tracking number is entered by the seller and shipment is verified by Rocky Mountain ATV/MC. If a valid tracking number is not provided by the seller, we will release payment after the buyer verifies delivery or 20 business days after the date of sale if the buyer does not send any type of communication.
  • Items purchased from the Seller’s Market are not applied toward the Rocky Mountain ATV/MC cash rewards program.
  • Seller’s market items will not count toward offer code subtotals or receive percent off from offer codes.

Seller feedback "Dos and Don’ts":

  • Do not threaten to leave negative feedback or extort seller for additional goods on a sale.
  • Do not manipulate feedback to artificially enhance a seller’s reputation.
  • Do not include profanity, html links or other inappropriate comments.
  • Do leave feedback that states the facts and lets others know of the seller’s business practices.
  • Do give feedback comments careful consideration before posting as this rating will stay with the seller.

NO WARRANTIES:

THE SELLER’S MARKET SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. Rocky Mountain ATV/MC MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  1. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  2. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
  3. THE INFORMATION , CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
  4. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
  5. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Rocky Mountain ATV/MC. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Rocky Mountain ATV/MC DISCLAIMS ANY AND ALL SUCH WARRANTIES.

GENERAL RELEASE:

BECAUSE Rocky Mountain ATV/MC IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE Rocky Mountain ATV/MC (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

LIMITATION OF LIABILITY:

Rocky Mountain ATV/MC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

APPLICABLE LAW:

The laws of the state of Utah govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

DISPUTES:

Because Rocky Mountain ATV/MC is not the agent of either seller or buyer for any purpose, Rocky Mountain ATV/MC will not act as either party’s agent in connection with resolving any disputes between participants related to or arising out of any such transaction.

TERMINATION:

Rocky Mountain ATV/MC, in its sole and absolute discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately, without notice, for any reason. Rocky Mountain ATV/MC, in its sole and absolute discretion, also may prohibit any Seller from listing items for fixed price sales.

GENERAL PROVISIONS:

  • Entire Agreement. This Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Seller’s Market, including but not limited to the Privacy Notice and Terms and Policies, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
  • No Agency; Third-Party Beneficiary. Rocky Mountain ATV/MC is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended to be or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Rocky Mountain ATV/MC, you, and relying buyers or sellers.
  • Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  • No Waiver. We will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Rocky Mountain ATV/MC’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Rocky Mountain ATV/MC 's right to subsequently enforce such provision or any other provisions of this Agreement.
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