Terms of Service

CX Motorcycles is an online website (hereafter the "Website") owned and operated by Kapok Marketing, Inc., a Florida corporation, doing business as ChopperExchange (hereafter the "Company"). Throughout the site, the terms "we", "us" and "our" refer to the Company. The Company offers the Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

If you continue to browse and use the Website, you are agreeing to comply with and be bound by the following terms and conditions of use (hereafter the "Terms"), which together with the Website's privacy policy (https://www.cxmotorcycles.com/legal/privacy), govern the Company's relationship with you in relation to the Website. The use of the Website is subject to the following terms of use:

Third-party Relationships

The Website is a platform for third-party motorcycle dealerships (hereafter the "Dealers", or individually referred to as a "Dealer") to create landing pages for their business and advertise their motorcycles to potential customers. The motorcycles advertised for sale are being advertised by each Dealer individually. The Company does not sell motorcycles and is not a partner to nor responsible for any transactions or agreements you may enter into with a Dealer.

General Information

All content within the Website is for your general information and use only. It is subject to change without notice.

No Warranty or Guarantee

Neither we nor any third parties, including but not limited to the Dealers, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Limitation of Liabilities

Your use of any information or materials in the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website or the Company meet your specific requirements.

In no event shall the Company be liable to you or any party related to you for any indirect, incidental, consequential, special, exemplary, or punitive damages or lost profits, even if the Company has been advised of the possibility of such damages. In any event, the Company's total aggregate liability to you for all damages of every kind and type (regardless of whether based in contract or tort) shall not exceed the greater of one hundred US dollars ($100) or the total amount you have paid the Company in the past twelve months. In such a case where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the Company's liability will be limited to the fullest extent permitted by applicable law.

Licensed Content & Reproduction

The Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is strictly prohibited without the Company's prior written consent.

User Content

When you upload, or otherwise provide content, to the Company, you give the Company, and our third party vendors, a non-exclusive, transferable, royalty-free worldwide license to use, store, host, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, improving, and developing the Website, and other services provided by the Company. Make sure you have the necessary rights to grant us this license before you provide the Company any content, via the Website or by any other means.

Trademarks & References

The Website may include references to third-party trademarks, which are the property of their respective owners. Reference to any product, service, or other entity by trademark does not constitute or imply the endorsement or recommendation by the Company.

Unauthorized Use

Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offence.

External Links

From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Severability

The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

Jurisdiction & Venue

Your use of the Website and any dispute arising out of such use of the Website shall be governed by and construed in accordance with the domestic laws of the State of Florida, and you agree and submit to the jurisdiction and venue of the Courts of Pinellas County, Florida, and the Federal Court in and for the Middle District of Florida, to resolve any dispute arising hereunder or related hereto. Any interpretation of the law governing the Website and these Terms shall be without regard to Florida’s or any other jurisdiction’s conflicts of law rules. These Terms, together with the Website's privacy policy, constitutes the sole and entire agreement between you and the Company pertaining to the subject matter contained herein and supersedes and cancels any and all prior or contemporaneous agreements or understandings, whether oral or written, between you and the Company with respect to the Website.