Terms & Conditions

Introduction

Thank you for visiting the Next Motorcycle website. We hope that you find our website to be a useful part of your vehicle-buying experience. Please note that the services Next Motorcycle provides to you through this website are subject to the terms and conditions in the following Website Agreement, a contract between you and Next Motorcycle that explains the permissible and prohibited activities on this website.

Corrections

If any information we have about you is incorrect or any information contained in this Terms of Use is inaccurate, we will gladly correct it. Simply Email us, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.
 

Website Agreement

Acceptance of Terms and Conditions

The terms and conditions in this Website Agreement govern your use of this website. Please take a few moments to review this information carefully. By using this website, you agree that you have read, understand, accept, and will be bound by all of the terms and conditions in this Website Agreement, and you agree not to use this website in contravention of these terms and conditions.

This website is intended for use only by citizens of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing this website, you represent and affirm that you meet these requirements. Next Motorcycle reserves the right to amend any part of this website at any time without notice and without incurring any obligation unless prohibited by applicable law. Next Motorcycle will provide to you all notices as required by law in the event of such change. We encourage you to periodically review this Terms of Use and Website Agreement for amendments.

Minor

In compliance with the Children's Online Privacy Protection Act, Next Motorcycle does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.

Next Motorcycle Affiliates

The Next Motorcycle family is made up of several companies, or "affiliates." As of the date of this Notice, these companies include, but are not limited to:

  • Next, LLC
  • Next Motorcycle LLC
  • Next Motorcycle Florida LLC

When we use the term Next Motorcycle, us, or we in this Website Agreement, it refers to Next Motorcycle and any or all of our affiliates.

 

Accuracy of Website Information

Next Motorcycle designed this state-of-the-art website to meet your vehicle-shopping needs by providing you with accurate and up-to-date information about Next Motorcycle 's inventory across the country. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present. Additionally, photographs of vehicles found on the Next Motorcycle website are photographs of the actual vehicles; however, their color and general appearance may appear differently based on your monitor and color settings. For this reason, please contact the store location where a vehicle is located to confirm the accuracy of the contents of our website before you visit that store location. Further, Next Motorcycle reserves the right to change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.

In addition, you understand and agree that the information provided on this website is advertising only and in no way constitutes an offer for the sale of goods or to provide a service. To this end, and to the extent permitted by applicable law, Next Motorcycle will not be responsible for errors found on this website, including but not limited to, pricing errors or an incorrect statement of accessories on a particular vehicle.

Ownership and Proprietary Rights

All information contained in this website, unless otherwise stated, is owned solely and exclusively by Next Motorcycle. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, Next Motorcycle has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Next Motorcycle; however, vehicle information and the online credit application may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other "hidden text" utilizing Next Motorcycle's name or trademarks without the express written consent of Next Motorcycle. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.

Intellectual Property

Next Motorcycle (and design), Next Rider (and design), Next Certified (and design), are all registered or registration-pending trademarks or service marks of Next Motorcycle. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. All other trademarks not owned by Next Motorcycle or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Next Motorcycle.

Warranty Disclaimer

NEXT MOTORCYCLE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEXT MOTORCYCLE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. NEXT MOTORCYCLE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE NEXT MOTORCYCLE WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Incentives Offered by Manufacturers

Rebates, customer cash, dealer cash, coupon offers, and other incentives provided by vehicle manufacturers are subject to the terms specified by the manufacturer. Thesƒe terms include, among others, the timeframe of the offer and limitations on quantities and/or combinations with other offers.

Usage and Ownership of Customer Information

All information submitted to Next Motorcycle through our website becomes and remains the property of Next Motorcycle. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with this Terms of Use and our Privacy Policy. We maintain strict physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those Next Motorcycle employees who need to know the information to respond to your request or inquiry.

Links to Third Party Websites

While using this website, you may choose to link to third-party websites that are not affiliated with Next Motorcycle. Next Motorcycle is not responsible for the content of these third-party websites, or any subsequent links, and has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third-party websites are not necessarily those of Next Motorcycle, and Next Motorcycle does not endorse the contents of these third-party websites in any way. Also, Next Motorcycle is not responsible for webcasting or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential. Next Motorcycle is providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.

Legal Disputes and Choice of Law

If there is a legal dispute of any kind about or arising out of the use of this website, the laws of the Commonwealth of Delaware will govern such dispute without regard to its conflict of laws rules. You agree that if any part of these terms and conditions is found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.

Violations of Website Agreement

In the event you violate or attempt to violate any part of this Website Agreement, Next Motorcycle reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.

Indemnification

You agree to indemnify, defend, and hold harmless Next Motorcycle from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees), relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

Severability and Integration

In the event any part of this Website Agreement is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that this Website Agreement represents the entire agreement governing your use of this website.

Reservation of Rights

Any and all rights not expressly granted to you in this Terms of Use and this Website Agreement are hereby reserved by Next Motorcycle.
 

Procedure for Alleging Copyright Infringement

A. DMCA Notice.

Next Motorcycle will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via this website, then you may send us a written notice that includes all of the following :

  • a legend or subject line that says: "DMCA Copyright Infringement Notice";
  • a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the website on which the material appears);
  • your full name, address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed);
  • your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by "//s//", which will serve as your electronic signature.


Next Motorcycle will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below: By E-Mail:copyrightnotice@ NextMotorcycle.com
By Facsimile:(310) 441-4090

It is often difficult to determine if your copyright has been infringed. Next Motorcycle may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Next Motorcycle may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Next Motorcycle’s other rights, Next Motorcycle may, in appropriate circumstances, terminate a repeat infringer’s access to this website and any other website owned or operated by Next Motorcycle.

 

B. DMCA Counter-Notification.

If access on the Website to a work that you submitted to Next Motorcycle is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  • a legend or subject line that says: "DMCA Counter-Notification";
  • a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the website from which the material was removed or access to it disabled);
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your full name, address, telephone number, e-mail address, and the username of your account;
  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Eastern District of Virginia), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person;
  • your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by "//s//", which will serve as your electronic signature.


Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

 

Required California Disclosure: CA Supply Chain Transparency

Next Motorcycle recognizes the serious nature of the crimes of human trafficking and slavery. Next Motorcycle has taken and will take every reasonable effort to ensure that its supply chain is free of products that are tainted by human trafficking. Because all of the vehicles sold by Next Motorcycle in California are used vehicles, and all of the replacement parts Next Motorcycle uses in its reconditioning process are purchased from other retailers, Next Motorcycle believes that it has taken all necessary steps to audit and reasonably mitigate the risk that its products are tainted by the crimes of human trafficking and slavery.