Last revised on October 15, 2021
- By accessing the Platform or Service, you automatically accept this Agreement and associated terms, conditions and notices and agree to have this Agreement and associated notices in electronic form. You may print a copy of this Agreement for your records.
- You automatically agree to receiving this Agreement in electronic form by using the Platform or the Service. You must terminate your account, meaning both your subscription and membership to Motorcode, to withdraw this consent.
To use the Service you must be at least 18 years of age. By using the Platform or the Service you warrant and represent you have the capacity and authority to enter this Agreement and honor the terms and conditions of this Agreement.
- Membership and Subscription.
Motorcode is a subscription only service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time. The subscription policies you see when you subscribe to the Service are part of this Agreement.
- Term and Termination.
- This Agreement will remain in full force and effect while you use the Service and/or are a Member.
- The Company may suspend or terminate your Service subscription and/or membership in the Service without notice if the Company believes you breached this Agreement via actions including but not limited to non-personal use, participation in prohibited or inappropriate behavior, or breaching your warranties and representations. Upon termination or suspension, you will forego the refunding of unused subscription fees and any unpaid subscription amounts and other fees owed by you will be due immediately. Please note the Company is not required to disclose, and may be prohibited by law from disclosing, the reason(s) for the termination or suspension of your Motorcode account.
- After subscription or membership termination, the terms of this Agreement will continue other than terms with obligations that have been met or by their nature have expired.
- Commercial Use is Prohibited.
Motorcode’s Platform and Service is solely for personal use by individuals. Members may not use the Service in any way related to their solicitation of any commercial activities. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Platform or Service, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platform.
- Your Personal Security.
You are responsible for protecting your account username and password you utilize to access the Platform and Services and are responsible for all activities that occur associated with your username and password. You must immediately notify Motorcode via email at email@example.com of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session.
- Communicating with Motorcode Members.
- MOTORCODE DOES NOT CONDUCT BACKGROUND CHECKS OR ANY OTHER SCREENINGS ON THEIR MEMBERS OR PARTICIPANTS. YOU ARE FULLY RESPONSIBLE FOR YOUR INTERACTIONS WITH SAID MEMBERS OR PARTICIPANTS. THE COMPANY ALSO DOES NOT ATTEMPT TO VERIFY STATEMENTS OF SAID MEMBERS OR PARTICIPANTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF SAID MEMBERS OR PARTICIPANTS.
- The Company is not responsible for the conduct of any Member. As noted in and without limiting other sections of this Agreement, in no event shall the Company, its parents, subsidiaries, affiliates or their officers, directors, shareholders, employees, contractors, or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you interact with through the Service. You agree to take all necessary precautions, and knowingly assume all risks associated therewith, in all interactions with other Members, particularly if you decide to communicate off the Platform or meet in person, or if you decide to send money to another Member. Please do not share your personal financial information or financial assets with other Members.
- Intellectual Property Rights.
Excluding certain technologies licensed to the Company by its licensors, Motorcode owns and retains all trademarks, trade names, service marks, patents, copyrights, and other intellectual property rights in and related to the Platform, the Service, and in all content therein. You agree you cannot copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, patents, or other intellectual property or proprietary information accessible on the Platform or through the Service, without obtaining prior written consent of the Company or, if such property is not owned by the Company, the owner(s) of said proprietary and intellectual property rights. You also agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, patents, and other intellectual property notices.
- Third Party Content.
Motorcode may distribute and publish content supplied by its customers, partners, and other third parties (“Third Party Content”). Motorcode has no editorial control over such Third Party Content and takes no responsibility for such Content. All information expressed or made available by third parties as part of the Third Party Content, are those of the respective author(s) or distributor(s) of that information, not Motorcode. Motorcode does not endorse or claim the accuracy of any Third Party Content related to the Services created by anyone. We may monitor and review Third Party Content on the Services and Content (as defined below) associated with your account to assess compliance with this Agreement and any other rules we establish, to satisfy regulations, laws, government requests, or for any other purposes. You acknowledge and understand Motorcode does not monitor Third Party Content for accuracy or reliability.
- Content You Submit.
- You are completely responsible for any content and information you upload, post, publish, link to, record, display or otherwise make available (hereinafter, “post“) on the Service or transmit to Members. This includes, without limitation, photos, videos, messages, other recordings or text, which are publicly posted or privately transmitted (collectively, “Content“). You cannot post on the Platform or as part of the Service, or provide to the Company or any Member, false, offensive, abusive, obscene, profane, sexual, threatening, rude, vulgar, sexist, or illegal material, or any material that infringes or violates another person’s rights including intellectual property rights, and privacy and publicity rights. You hereby represent and warrant that all information that you submit upon registration is accurate and you will promptly update any information provided by you that becomes inaccurate.
- You understand and agree that the Company may review Content you post on the Platform or as part of a Service. The Company can remove any Content that the Company believes violates this Agreement.
- By posting Content on the Platform or as part of the Service, you grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
- In addition to the categories of Content noted above at the beginning of this section, you may not post, upload, display or otherwise make available Content (either on or off the Platform) that:
- promotes harassment, hatred, bigotry, or harm against anyone or any entity;
- impersonates any person, entity or relationship;
- requests money from any users of the Platform or Service;
- involves “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
- promotes misleading or false information, illegal activities or objectionable behavior;
- promotes an illegal or unauthorized copy of a person’s or entity’s copyrighted work
- contains images, audio or video of another person without their permission (or their legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or other illegal manner or information related to a minor;
- provides instructional information about illegal activities;
- contains harmful codes, components or devices;
- illegally shares information;
- solicits or shares passwords or personal identifying information for commercial or unlawful purposes
- publicizes or promotes commercial activities or events without our prior written consent
Motorcode reserves its sole right to investigate and take appropriate legal action against anyone violating this provision, including removing the offending Content from the Platform or Service and terminating or suspending the membership of said violators.
- Your use of the Platform and Service must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Platform in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
- Prohibited Activities.
Motorcode reserves the right to investigate and/or terminate your membership if you have misused the Platform or the Service or behaved in a way the Company regards as unlawful or inappropriate. The following, in addition to the actions prohibited above, includes actions you cannot perform with respect to the Service or Platform, including:
- impersonate or misrepresent any person or entity.
- solicit assets from any Members.
- ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, Service or its contents.
- collect usernames and/or email addresses of members to utilize them outside the guidelines of this Agreement.
- interfere with or disrupt the Service or the Platform.
- Attempt to imitate or disguise the origin of any information or capabilities of the Platform or Service.
- attempt to direct any person to any other website for any purpose.
- without our prior written consent (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Platform or Service or monitor or copy Company web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Platform or any software used on or for the Service or the Platform, or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Platform or the Service other than solely in connection with your use of the Platform or the Service in accordance with this Agreement.
- Customer Service.
Motorcode Customer Service (email address: firstname.lastname@example.org) provides Motorcode customers with assistance. You agree to interact with Motorcode Customer Service in an appropriate manner. Motorcode Customer Service calls may be recorded for quality assurance purposes. If we believe your behavior towards any of our customer care representatives or other employees is threatening or offensive, we reserve the right to immediately terminate your subscription and membership and you will not receive a refund of any unused subscription fees.
- Purchases and Subscription Details.
- The Company may offer products and services for purchase through iTunes, Google Play or other external services authorized by the Company (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). The Company may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
- External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel. By using an External Service, you agree to comply with any applicable terms, conditions or requirements promulgated by such External Service. When making a purchase in the App, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time. If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. To cancel a subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device.
- Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel. If you make an Internal Purchase, the Company will bill you through an online account (your “Billing Account“) for use of these features of the Service and You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize the Company to charge your chosen payment provider (your “Payment Method“) for the Service. You agree to make payment using that selected Payment Method. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 13 includes any agreements you made with the Company on the Platform when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately. In such event, if the Company successfully disputes the reversal, and the reversed funds are returned, you will not entitled to a refund or to have your account or subscription reinstated.
- Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Account Settings” on the Platform and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Method (once the Company institutes charges to use one or more features of the Service) and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
- You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings” on the Platform. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Platform or Service when automatically renewing your account, as set forth in this Section 13.
- REFUNDS. Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
If any of the above apply to you and you subscribed using your Apple or Google ID, your refund requests are handled by Apple or Google, not the Company. To request a refund, please contact your External Service directly.
IN ORDER TO PROVIDE CONTINUOUS SERVICE, THE COMPANY AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. MOTORCODE WILL ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION, UPON CONFIRMATION OF PURCHASE, AND IF APPLICABLE IN YOUR JURISDICTION, IN AN EMAIL REMINDER AT LEAST 30 DAYS PRIOR TO THE EFFECTIVE RENEWAL DATE. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE THE COMPANY TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER RELATED TAXES TO WHICH YOUR SUBSCRIPTION MAY BE SUBJECT AND WHICH MAY VARY FROM TIME TO TIME. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT HERINABOVE ABOVE.
- Service Changes.
The Company can change, suspend or end the Platform or the Service (or any part thereof) with or without notice. The Company also reserves the right to block users from specific internet protocol (IP) addresses from accessing the Platform or Service.
- Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any third-party copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service or the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
- your address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at the following email address: email@example.com.
The Company will terminate the accounts of repeat infringers.
- Emails, Text Messages and Test Data.
As a member you agree to receive email messages from Motorcode which can address a wide range of areas including but not limited to user communications, transactions, service updates, promotions, test data, and announcements.
- You acknowledge and agree that neither the Company nor its affiliates or third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Platform or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Platform or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; (v) any parts or other equipment purchased or received through your use of the Service or (vi) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members’ or to any other person’s computer or mobile device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE PLATFORM AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE PLATFORM OR IN THE SERVICE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR THE PLATFORM IS ACCESSED BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR THE PLATFORM.
- From time to time, the Company may make third-party opinions, advice, statements, offers, or other third party information or content available on the Platform and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PLATFORM OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE PLATFORM OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
- In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Platform or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
- Motorcode and Third Party Links.
The Platform may contain, and the Service or third-parties may provide, items offered by third-parties and links to other web locations. Motorcode’s provision of a link to any other site or location is for your convenience and does not signify Motorcode’s endorsement of such other site or location or its contents. You agree Motorcode is not responsible for external web locations and is not responsible for any information from or your interactions with other web locations. You agree that Motorcode shall not be responsible or liable in any way for loss or damage, actual or potential, associated with such third-parties, websites or other web locations.
- Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE OR THE PLATFORM DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Backup Policy
YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUP COPIES OF ANY CONTENT YOU UPLOAD, POST OR MAKE AVAILABLE THROUGH THE SERVICES DURING ANY APPLICABLE SUBSCRIPTION TERM AT YOUR SOLE COST AND EXPENSE. YOU MAINTAIN RESPONSIBILITY AND LIABILITY FOR ANY LOSSES OR DAMAGES YOU INCUR FOR FAILURE TO MAINTAIN BACKUP COPIES OF YOUR USER CONTENT. SMUGMUG IS NOT LIABLE TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM THE LOSS OR BREACH OF YOUR USER CONTENT IN CONNECTION WITH YOUR USE OF THE FLICKR SERVICES.
Motorcode uses third party vendors to host and store any Content that you upload to Motorcode through your use of the Platform. Motorcode may require its vendors to maintain certain standards with respect to your Content, but does not guarantee that your Content will be secure and/or available at all times. Motorcode does not guarantee that your Content will be available on the Platform after the termination of your Subscription, irrespective of the reason for such termination. It is your sole responsibility to create and maintain backup copies of any such Content on a regular basis. Please note that when Content or other files are deleted (or your account is cancelled), those files will be deleted as soon as reasonable pursuant to Motorcode’s data destruction policies and cannot be recovered by Motorcode or any third party vendor following deletion.
- Responsibility Related to Third Parties.
Your correspondence and/or ensuing relationship with other Members or other third parties found on or through the Services, are solely between you and the Members/third-parties you choose to deal with. YOU AGREE THAT MOTORCODE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE PLATFORM OR THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST MOTORCODE ARISING FROM OR RELATED TO YOUR RELATIONSHIP AND INTERACTION WITH OTHER MEMBERS OR ANY OTHER THIRD PARTY.
Release – You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Motorcode users, or (ii) your participation in any offline events or activities arising from or related to your use of the Platform or the Services.
- Arbitration and Governing Law.
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Platform shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
- By using the Platform or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Travis County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Indemnity by You.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Platform or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable digital means assuming you access the Service in an authorized manner.
- Our Entire Agreement with You.
This Agreement, along with any additional terms upon purchase, any other separately posted rules or guidelines or other communications related to the Platform or the Service, represent the complete agreement between you and the Company regarding the use of the Platform and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.
- Subject to Change at Any Time.
This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Platform and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription as contemplated above. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
Please contact us with any questions by emailing firstname.lastname@example.org. Motorcode is a trademark of Motorcode INC.