Thank you for visiting MotoSport.com (“MotoSport”). All sites, including mobile applications,
are referred to in these notices as the “Sites,” and MotoSport is referred to as “we”
or “us.” End users such as yourself are referred to as “you.”
and our Copyright Policy. You agree that our provision of the Sites and associated services
would not be possible on the same terms without your agreement to these terms and policies.
Please read them carefully.
BY SIGNING UP FOR AN ACCOUNT AND PROVIDING US WITH YOUR EMAIL ADDRESS, YOU EXPRESSLY CONSENT TO
RECEIVE EMAILS FROM US AND OUR PARTNERS. YOU MAY OPT OUT OF RECEIVING THESE EMAILS AT ANY TIME BY FOLLOWING
You further agree that communications between us may be done electronically and are considered to be
communications in writing. We may send you communications from us electronically, whether by email,
posting notices on the website, or other electronic means. You agree not to send Personal Information
credit card information, by email.
Some of the links we make available to you on the Sites will redirect you to leave the Site(s). We
cannot guarantee that the hyperlinks set out on our Site(s) will be accurate in any respect. You
agree and acknowledge that the third party websites accessed through these hyperlinks are developed
and maintained by person(s) or entities over which we have no control, and that we cannot and do not
monitor these third party websites. You agree that we assume no responsibility for the content of any
website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites
in any manner or respect. You acknowledge that making available hyperlinks to publicly accessible web
pages and newsgroups is legally permissible and consistent with the common, customary expectations
of Internet users. These links are provided only for your convenience, and their inclusion does
not constitute or imply our approval or endorsement of those sites or their content.
All content included on the Sites, including text, graphics, logos, images, audio clips, data compilations,
software, as well as the compilation of the website content, is our property or that of our suppliers, and
protected by United States and international copyright laws.
Our graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress,
of ours in the United States and/or other countries. You agree not to use these trademarks and trade
dress in any manner prohibited by law or prohibited by us, including but not limited to any manner likely
to cause confusion among customers or to disparage or discredit us. There may be other trademarks we do
not own appearing on the Sites. Those trademarks are the property of their respective owners, who may or
may not be affiliated with us.
If you believe that your work has been copied by us, please contact our Legal Department at:
Attn: Legal Department
1678 West Redstone Center Drive
Park City, UT 84098 Legal@backcountry.com.
LICENSE AND SITE ACCESS
We grant you a limited license to use the Sites for personal and non-commercial use only. You may not copy
or reproduce the Sites, or any portion of them, without our express written consent. In addition, we grants
you a limited, revocable, and nonexclusive right to create a hyperlink to any of the Sites, so long as
the link does not portray us in a misleading, derogatory, false, or otherwise offensive manner.
You are responsible for maintaining the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all activities that occur under your
account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in our sole discretion. If you are under 18, you may not use or access the Sites without the
involvement of a parent or guardian over the age of 18.
The Internet, being an open network, is not secure. If you choose to send us electronic communications via
the Sites (whether by means of email or posted messages on the Sites), you recognize the inherent risk of
such an open network. You agree that we do not, and cannot, guarantee that such communications will not
be intercepted or changed or that they will reach the intended recipient safely. However, when we request
that you provide us with Personal Information (as defined in our
information, to complete a transaction or survey, or enter a contest, we use commercially reasonable
security measures meeting industry standards to protect that information. Credit card information should
only be provided through our check-out procedure which uses encryption technologies to provide secure
YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO CONTENT AND MATERIAL SUBMITTED BY YOU
You may submit comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio,
materials, ideas, suggestions or other communications a user submits (“User Content”) on certain portions of
the Sites, and submit other content or information to us. User Content is not private or proprietary. You
agree that as a condition of permitting you to submit User Content to us, you grant us, our affiliates, and
any sublicensees, a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensable, perpetual right
and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works
based upon such User Content, in any form, media, software or technology of any kind now existing or
developed in the future.
By submitting User Content, you represent and warrant that (a) you are its sole author, that it originated
with you and was not copied in whole or in part from any other work, and/or that you own or otherwise
control all the intellectual property rights to it; (b) if necessary, you have obtained all permissions
associated with it, including without limitation permissions relating to intellectual property, rights of
publicity and/or rights of privacy; (c) it does not contain hate speech or profanity, is not libelous,
obscene, injurious to third parties, otherwise objectionable (as determined by us), or in violation of
this Agreement; (d) that you are not a minor and have the legal right and capacity to enter into and comply
with these terms; and (e) it is not composed of and does not contain software viruses, political campaign
messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You agree to use
your own e-mail address to submit all User Content. YOUR SUBMISSION OF USER CONTENT CONSTITUTES AN
AGREEMENT THAT YOU WILL DEFEND, INDEMNIFY, AND HOLD US HARMLESS FOR ALL CLAIMS RESULTING FROM USER CONTENT
You agree that if you violate any of these representations and warranties, we have the right, at any time,
without notice and without limiting any and all other rights we may have in law or equity, to (a) refuse
to allow you to submit further User Content; (b) remove and delete your User Content; (c) revoke your
registration and right to submit User Content; and (d) use any technological, legal, operational or other
means available to enforce the terms of this Agreement, including, without limitation, blocking specific
IP addresses or deactivating your registration, access using your e-mail address, your user name, and your
, your submission of User Content grants us permission, in
connection with our use of User Content, to use your name, alias, and any other information (provided by you)
for attribution purposes, and to share that information with our affiliates and on other Sites. You also
grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in
such User Content. We are not responsible for the similarity of any of our content or programming in any
media to User Content submitted by you. Any and all rights granted in this section are granted without the
need for any compensation to you in any form. User Content does not reflect our views, and we do not
represent or guarantee the truthfulness, accuracy, completeness, timeliness or reliability of any User Content,
nor endorse or support any opinions expressed in any User Content.
You acknowledge that we do not regularly review posted User Content. You agree that we have the right (but not
the obligation) to monitor and edit or remove any activity or User Content, and that under no circumstances
shall we take responsibility or assume liability for any User Content posted by you or any third party.
WE DO NOT ENDORSE, ARE NOT RESPONSIBLE FOR USER CONTENT, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR
LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON USER CONTENT)
FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER
CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITES.
RISK OF LOSS, FOREIGN SHIPMENTS, RETURNS, REFUNDS AND TITLE
You acknowledge and agree that all items purchased from us are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
If you request that we ship an item to a country outside the U.S. (a “Foreign Shipment”), you acknowledge and agree
that those shipments may be subject to taxes, customs duties, and fees levied by the destination country
(“Import Levies”). THE RECIPIENT OF THE SHIPMENT IS THE IMPORTER OF RECORD IN THE DESTINATION COUNTRY AND IS
RESPONSIBLE FOR ALL IMPORT LEVIES.
We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a
refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
For more information about our returns and refunds, please see our
PRICING, PRODUCT DESCRIPTIONS, AND RESELLERS
We make every effort to ensure that the price of each item listed for sale is accurate, and that its products
are described accurately. However, a small number of items may at times be mispriced due to administrative
or other error. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order,
and will, at our sole discretion, either contact you to determine whether you would like to proceed with the
order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that
product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described,
your sole remedy is to return it in unused condition. In addition, if we determine, in our sole discretion,
that you are a reseller or commercial entity, we reserve the right to cancel your order.
All press releases and other promotional materials are only current on their original date, unless otherwise stated.
These materials were, to the best of our knowledge, timely and accurate when issued. However, you should not
rely on the continued accuracy of any such material beyond the date of issuance.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE (MOTOSPORT.COM, LLC AND ITS AFFILIATES) DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH THE SITES; OUR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE
OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED
WEBSITES) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY US ON AN
"AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR
USE OF THE SITES IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CLAIMS AGAINST US TO BE RESOLVED BY ARBITRATION / WAIVER OF CLAS ACTION AND JURY TRIAL
If you have a claim against us, you agree that it will be resolved by binding arbitration. Without your agreement
to binding arbitration, we would be unable to provide our products and services to you on the same terms. Your
agreement to binding arbitration means that you give up your right to sue us in a court of law, except that you
may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be
conducted and governed by the Utah Arbitration Act. You also agree not to bring a class action suit against us,
and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing
an action to such equitable relief, if that is the only available appropriate relief under the circumstances.
We have the right to modify, amend or delete any policy posted on the Sites at any time or for any reason. If a
court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain
valid and enforceable.
Attn: Legal Department
1678 West Redstone Center Drive
Park City, UT 84098 Legal@backcountry.com.
OUR COMMITMENT TO PRIVACY
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online
information practices and the choices you can make about the way we collect and use your information. Your use
of the Site constitutes an agreement to these information practices. To make this policy easy to find, we
make it available on our homepage and at every point where personally identifiable information may be requested.
In this policy, “Personal Information” is defined as data and facts about you that we collect. Personal
Information does not include your IP address.
THE INFORMATION WE COLLECT
This policy applies to all information collected by or submitted to us on a Site. In some areas of a Site, you
can order products, make requests, submit product reviews, and register to receive materials or communications
from us. The types of Personal Information collected on these Sites are:
Credit/Debit card information
On some Sites, you can submit information about other people. For example, if you order a gift online and want
it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance,
the types of Personal Information collected are:
THE WAY WE USE YOUR PERSONAL INFORMATION
Personal Information is generally kept for our use in assisting you in your current or future purchases or in
analyzing sales trends. We do not sell, rent or provide your "Personal Information" to third parties, except
as described below.
Our use of Personal Information: We use Personal Information that you provide when placing an order primarily
to complete that order. Personal Information from the order form is used to send orders, information about
our company, and promotional material from some of our partners to you. Personal Information is also used to
get in touch with you when necessary. You may opt-out of receiving future mailings by following the
directions in those mailings.
We sometimes use online surveys which ask you to voluntarily submit your Personal Information which usually
includes contact information (typically your email address) and demographic information (like your zip code,
age, or income level). If you choose to submit this Personal Information, we use it to send you promotional
We periodically run contests on the Sites in which we ask you to voluntarily submit selected Personal
Information such as contact information (typically your email address) and demographic information (like your
zip code, age, or income level). If you choose to submit this Personal Information, we use it to send you
our promotional material and at times, send it to some of our partners. Your Personal Information is also
used to contact you when necessary (i.e. if you win a contest).
Demographic and profile data is also collected on the Site. We use this information to tailor your experience
on the Site, showing you content that we think you might be interested in, and display the content according
to your preferences.
On some of the Sites, you are permitted to submit User Content. Our policies with regard to User Content are detailed
Our sharing of Personal Information with third parties:
We may share Personal Information with a third party with your consent. For example, you have the option to
enroll in PayPal Credit (formerly Bill Me Later), which is an independent third-party payment service.
If you choose to enroll in PayPal Credit, we will share your email address with PayPal Credit to facilitate
the enrollment process. PayPal Credit’s subsequent use of this Personal Information will be governed by
We may provide Personal Information to affiliated companies or other trusted businesses or persons for the purpose
of processing it on our behalf. We require that these parties agree to process your Personal Information based
and security measures. These third parties may only use your Personal Information to the extent required to
perform their services on our behalf.
We may provide Personal Information to third parties or marketers for their marketing purposes. We never provide
your entire credit card or debit card numbers to any of these third parties or marketers, but may provide the
last four digits of those numbers to a third party or marketer to aid those third parties or marketers in
differentiating individuals from one another.
We may buy or sell subsidiaries or business units. Generally, in these transactions, customer information
(including Personal Information) is a transferred asset. That information will remain subject to the then-existing
We may share Personal Information to the extent required by legal process or enforceable governmental request.
We may share Personal Information with third parties to detect, prevent, or otherwise address fraud, security,
or technical issues. These third parties may place and read cookies on your browsers, or may use web beacons
or similar technologies to collect information in connection with the Google Trusted Merchant Program.
COOKIES AND IP ADDRESSES
We also collect, use, and monetize IP Addresses. An IP Address is a convention of the Internet Protocol that
identifies your "virtual" address on the internet. It is not personal to you and does not identify any of your
Personal Information. All devices connected to a network have an IP Address permitting communication to and from
the device. If you connect to the Internet from your computer, then you have an IP Address that looks something
like this: 209.17.654.152. In the simplest possible terms, your IP Address contains no data that identifies you
individually. It is only a logical address allowing you to connect to others and others to locate your computer.
We use an IP Address for a number of uses as summarized in this Policy, such as to help diagnose problems with
our server and to administer our Web site. We also use IP Addresses to help identify you and your shopping cart,
and to gather broad demographic information.
the Site for you. You can reject cookies and still use the Site; however, it will disable the Site’s ability to
recognize your cart, your account, and any personalization efforts.
In addition to the disclosure of Personal Information to third parties as described above, we may monetize or
otherwise provide anonymous IP Addresses to other third parties. For example, we sometimes employs other companies
and individuals to perform functions on our behalf, such as hosting our website; providing marketing assistance,
search results and links, or retargeted advertising; and/or analyzing data. These third parties have access
only to IP Addresses and do not have access to your Personal Information. However, as disclosed above, we
may disclose Personal Information to third parties in certain limited circumstances.
We work hard to provide you with a personalized experience. We do not alter or change your experience, or
otherwise respond to “DNT” or “do not track” signals or other mechanisms received from your computer or mobile
device. While on the Site, other third parties may be collecting your Personal Information as described above.
This site contains links to other sites. This Policy applies to our Sites only. We do not exercise control over
the privacy practices or content of any of the external links contained on the Site. These external links may
place their own cookies or other files on your computer, collect data, or solicit personal information from you,
and are governed by their respective privacy policies and legal notices.
OUR COMMITMENT TO DATA SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put
in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we
collect online. For example, we work to protect the security of your Personal Information whenever it is
transmitted by using Secure Sockets Layer (SSL) software, which encrypts information a user inputs.
We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit
the entire credit card number to the appropriate credit card company during order processing, using commercially
reasonable security measures.
It is important for you to protect against unauthorized access to your password and computer. You should be sure
to sign off after using a shared computer.
You also have the option to access the Site from your mobile or wireless device. When using a mobile device or
a wireless network, depending on your carrier or network administrator's policies (over which we have no control),
the carrier or network administrator may have access to your Personal Information. For information regarding your
carrier or network administrator’s treatment of Personal Information, you should consult your carrier or network
administrator's privacy policies.
OUR COMMITMENT TO CHILDREN’S PRIVACY
Protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain
information from those we actually know are under 13, and no Site is structured to attract anyone under 13.
OPTING OUT OF COMMUNICATIONS FROM US
There is an unsubscribe link in every email that we send. You can be removed instantly from our list by clicking it.
OPTING OUT OF HAVING OUR MARKETING PARTNER DELIVER ADS TAILORED TO YOUR WEB PREFERENCES AND USAGE PATTERNS
If you choose NOT to have our marketing partners deliver ads tailored to their Web preferences and usage patterns,
you can opt out of this usage of their Personal Information by visiting the Network Advertising Initiative Opt-out
Tool located at: http://www.networkadvertising.org/managing/opt_out.asp and opting out from targeted ads
delivered by various marketers.
OPTING OUT OF SHARING INFORMATION WITH THIRD PARTY PARTNERS FOR MARKETING PURPOSES
If you prefer that we do not share your Personal Information with other marketers, send us an email containing
the subject line “opt out” to firstname.lastname@example.org.
customers and registered users with a revised notice that describes our new practices or a link to the new privacy
policy. Stylistic changes will be publicized via notice on the Sites.
We prohibit copyright infringement by users of our Sites, and will remove or disable access to any User Content
that infringes any copyright, if we are properly notified or otherwise determine that the submission is or may be
infringing. Without limiting any other rights that we may have, we reserve the right to remove or disable access
to any allegedly infringing User Content without notice.
Any copyright owner or its authorized agent who believes that any User Content infringes such owner’s copyright
may submit notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”), see 17 U.S.C. § 512.
The notification must contain the following: (1) a physical or electronic signature of the copyright owner or
its authorized agent, (2) an identification of the copyrighted work allegedly infringed, (3) identification of
the content that is claimed to be infringing or the subject of infringing activity, and information reasonably
sufficient for us to locate the content, (4) contact information for the copyright owner or its authorized agent,
including address, telephone number, and (if available) an email address, (5) a statement by the copyright
owner or its authorized agent that he/she has a good faith belief that the content is not authorized by the
copyright owner, its authorized agent, or the law, and (6) a statement that the information contained in the
notification is accurate and, under penalty of perjury, that the person submitting the notification is authorized
to act by the owner of the exclusive right allegedly infringed. If we receive a proper notification, we will
remove or disable access to the User Content (or allegedly infringing portion thereof) as required by the DMCA
“safe harbor” provision, 17 U.S.C. § 512(c).
If your submission of User Content or any portion of it is removed, or access to it is disabled, and you believe
that you have authorization from the copyright owner or its designated agent to make a submission or believe
that your submission is otherwise non-infringing, you may submit a DMCA counter-notice to us. The counter-notice
must contain the following: (1) your physical or electronic signature, (2) information sufficient to identify
the content of the submission removed or to which access was disabled and the location where it was located,
(3) a statement of your good faith belief that the content was removed, or access to it was disabled, in error,
(4) your name, address, telephone number, and (if available) email address, (5) a statement that you consent to
jurisdiction in the State of Utah, USA with respect to the dispute, and (6) a statement that you will accept
service of process from the person who notified us of the alleged infringement. If we receive a proper
counter-notice, we will have the right to send a copy of it to the complaining party, and we may restore or
re-enable access to the submission if the complaining party does not file suit within fourteen (14) days.
We are not in a position, however, to adjudicate such disputes.
We may terminate your access to the Site(s) without notice if, under appropriate circumstances, we determine
that you are a repeat infringer.
DMCA notices and counter-notices should be submitted to our designated agent for receiving such notices,
which is our Legal Department at:
Attn: Legal Department
1678 West Redstone Center Drive
Park City, UT 84098 Legal@backcountry.com.