Terms of Use
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of atomo moto. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with atomo moto or purchasing atomo moto products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with atomo moto or to purchase atomo moto products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by atomo moto. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of atomo moto used in the site are trademarks or registered trademarks of atomo moto.
Limitation of Liability
atomo moto shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if atomo moto has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that an atomo moto product is mistakenly listed at an incorrect price, atomo moto reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. atomo moto reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, atomo moto shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by atomo moto without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
atomo moto may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to atomo moto.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products) shall be in the state or federal courts located in Santa Clara County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. atomo moto's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. atomo moto may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an atomo moto or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
atomo moto does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, atomo moto is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, atomo moto reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to atomo moto in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless atomo moto, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, atomo moto may link to sites operated by third parties. However, even if the third party is affiliated with atomo moto, atomo moto has no control over these linked sites, all of which have separate privacy and data collection practices, independent of atomo moto. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, atomo moto seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
STATEMENT OF LIMITED WARRANTY
Statement of Limited Warranty for atomo moto Products
Note: All other products sold through atomo moto online store that are NOT manufactured by atomo moto, are covered under their own respective Manufacturer's Warranties. Please see specific manufacturers site for details on their Warranties.
The warranties provided by atomo moto in this Statement of Limited Warranty apply only to products you purchase for your use, and not for resale, from atomo moto and returned from the countries listed in the Extent of Warranty section below. The term "Product" means an atomo moto product. Nothing in this Statement of Limited Warranty affects any statutory rights of consumers that cannot be waived or limited by contract. If you have any questions, contact atomo moto.
Warranty Period
1 (one) year
The atomo moto Warranty warrants that each product:
1. is free from defects in materials and workmanship and
2. conforms to atomo moto's Official Published Specifications
The warranty period for a product is a specified, fixed period commencing on your date of purchase. A valid proof of purchase may be required. If you do not have a valid proof of purchase, the warranty period will be measured from the date of sale from atomo moto.
If, during the warranty period, the product is not in good working order, atomo moto will, at its option, repair or replace it at no additional charge, except as is set forth below. A refund may also be available.
Extent of Warranty
The warranty does not cover the repair or exchange of a product resulting from misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you, or failure caused by a product for which atomo moto is not responsible. The warranty is voided by removal or alteration of product or parts identification labels.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.
The warranty described in this statement applies only to drives returned from the United States, Canada, Mexico, Austria, the Netherlands, Ireland, United Kingdom, France, Spain, Portugal, Switzerland, Denmark, Norway, Germany, Italy, Sweden, Greece, Luxembourg, Belgium, Finland, Australia, Hong Kong, South Korea, Malaysia, New Zealand, Singapore, Taiwan, and Thailand.
Warranty Service
Warranty service may be obtained from atomo moto by returning a atomo moto Returns Material Authorization and the product to the atomo moto logistics center during the warranty period. You may be required to present proof of purchase or other similar proof of warranty entitlement. You are responsible for any associated transportation charges, duties and insurance between you and the atomo moto Logistics Center. In all instances, you must ship products in atomo moto approved packaging. |