LYNX POWERSPORTS USER AGREEMENT & WAIVER AND RELEASE AGREEMENT
PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following conditions and terms. By using this site, you signify your assent to these conditions and terms. If you disagree with any part of the following restrictions, you must not use this site.
This site, and each of its modules, together with the arrangement of the content found on this site, is the copyrighted property of LYNXPOWERSPORTS.COM ("LynxPowerSports.com") and/or its various third party providers and affiliates. Some of the content of this site is owned by third party providers and distributors and, specifically, certain data relating to the functioning of independent rental concerns. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law trademarks of Harley Davidson, Honda, BMW, Suzuki, Kawasaki, Yamaha, Ducati, Polaris, Lynx Powersports, it's affiliates, and various third parties. Any reference to the above names and or trademarks is strictly intended for comparison and identification purposes only.
USE OF THIS SITE: LynxPowerSports.com grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservation requests or purchases and shall not use this site to make any speculative, false and fraudulent reservation or any reservation in anticipation of demand. You agree that you will not transmit or otherwise transfer any web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of this site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which infringes the rights of others or violates their privacy or publicity rights, is protected by copyright, trademark or other proprietary right, unless with the express written consent of the owner of such right, contains a bug, virus, or other harmful item, or is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
AGE AND RESPONSIBILITY: If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password.
LIMITATION OF LIABILITY: LynxPowerSports.com assumes no responsibility, and shall not be liable for, any damages to, or viruses, that may affect your computer equipment or other property on account of your access to, use of, or browsing in this site, or your downloading of any materials, data, text, images, video, or audio from this site. In no event shall LynxPowerSports.com or any third party providers or distributors be liable for any injury, loss, claim, or damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind.
INDEMNIFICATION: You shall defend and indemnify LynxPowerSports.com and any third party provider and distributors and their officers, directors, employees, and agents from and against any claim, cause of action, including without limitation reasonable legal and accounting fees, brought by, or on your behalf, in excess of the liability described herein or by third parties as a result of your use of this site.
LINKS: This site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by LynxPowerSports.com, or its third party providers or distributors of the contents of such other Web sites. LynxPowerSports.com shall not be responsible for the content of any other Web sites and makes no representation or warranty regarding any other Web sites or the content and material of such Web sites. If you decide to access the other Web sites, you do so at your own risk.
RELATIONSHIP: The relationship between LynxPowerSports.com and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, employees, or agents of the other.
RESPONSIBILITY: You acknowledge that motorcycle activities or any other Power Sport activity can be a dangerous pastime. You are aware that traffic conditions, roads, weather, and or influences as well as the actions of other vehicles can influence the risks involved. You acknowledge these risks. Furthermore, it is agreed and understood that the owners, operators, and agents of this service, including Lynx Powersports, are not the guardians of your safety and they, individually, or collectively, shall not be held liable in any way for any occurrences in connection with the operation or your involvement in connection with the rental which may result in injury, death, or damage to you, your property, or you passengers. You acknowledge that LynxPowerSports.com is a referral network for actual rental outlets. LynxPowerSports.com assumes no responsibility, and shall not be liable for any damages to you or your personal belongings after the referral is offered.
ENTIRE AGREEMENT: This User Agreement, together with any terms and conditions incorporated herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
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WAIVER AND RELEASE AGREEMENT
First and foremost, I understand that Lynx Powersports (Lynx Motorcycle Rentals LLC.) is a basic referral service for a nationwide network of independent powersport rental stores. The relationship between LynxPowerSports.com and each individual rental outlet will be that of independent contractors, and neither of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other. I understand that LynxPowerSports.com is not connected in any material way to the rental outlets that it serves.
I understand that operating a Motorcycle (Watercraft, Snowmobile, ATV, Scooter, or any other motorized vehicle) is an activity that precludes and contains considerable risk of serious personal injury, paralysis, dismemberment, property damage or loss or death. I hereby knowingly and freely accept risks of all personal injury, and property damage arising from my participation in a Power Sport Rental (Motorcycle, Watercraft, Snowmobile, ATV, Scooter, or any other motorized vehicle) and I hereby agree, that I, my dependents, heirs, successors, executors and assigns do release and hold harmless against, and indemnify Lynx Motorcycle Rentals LLC. (LynxPowerSports.com), its owners, employees, and agents from any and all claims, including claims of death, bodily injury, illness, property damage or loss, however cause, arising from or related to, a LynxPowerSports.com referral even if arising from the negligence of the releases of others.
I know that I will be required to sign a waiver and release form and provide a damage deposit before I can pick up my rental vehicle (Always with regard to motorcycles).
I hereby release, hold harmless, and promise not to sue Lynx Motorcycle Rentals LLC (Lynx Powersports DBA), its officers, owners, directors, employees, agents (collectively “releases”) with respect to any and all bodily injury and/or other loss resulting in my participation in a LynxPowerSports.com referral whether as passenger or operator of a motorcycle (ATV, Watercraft, Scooter, Snowmobile, etc), whether caused by the negligence of the releases during any aspect associated with riding upon my rental vehicle.
In addition, by signing this form, I certify that I do not have any physical or mental condition or disability that would create a hazard for me, my passengers, or the owners of the rental vehicle. I certify that I am over 21 years of age, and acknowledge that I may have to be over 25 years of age to rent a powersport vehicle in most states.
I affirm that I have read and understand that rental policies vary on a State by State basis, as described on the LynxPowerSPorts.com policies page.
I affirm that I have read and understand the rental descriptions on the LynxPowerSports.com Frequently Asked Questions page:
This Waiver and Release Agreement, together with any terms and conditions incorporated herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
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