Terms of Use – Moto Enterprises

By using the website www.motoent.com (this “Website”), you agree to abide by these terms of use (these “Terms of Use“). This Website is operated by Moto Enterprises Inc. (“Moto Enterprises“).

Moto Enterprises does not represent or warrant that information on this Website is current, accurate, or up-to-date.

NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE THAT COULD MATERIALLY AFFECT YOUR LEGAL RIGHTS AND REMEDIES.

1. Ownership. This Website and all rights to the materials on this Website are owned by Moto Enterprises. These materials may not be copied, reproduced, transmitted or distributed in any way and nothing shall be construed to confer any license to Moto Enterprises’ intellectual property. Any rights not expressly granted herein are reserved by Moto Enterprises.

2. Privacy Policy. Moto Enterprises Privacy Policy is incorporated into these Terms of Use.

3. Links to Third Party Sites. This Website may contain links to websites and resources controlled by third parties. Moto Enterprises is not responsible for the contents, services, functionality or products from these third party websites. Inclusion of any link on this Website does not imply endorsement by Moto Enterprises. You acknowledge that you assume all risks associated with your use of third party websites and agree to hold Moto Enterprises harmless for any damage you may incur from the third party website.

4. Jurisdiction and Disputes. The validity, interpretation, construction, performance, and enforcement of all of the terms and conditions of these Terms of Use shall be pursuant to the laws of the State of California. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, or any use of this Website shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Website.

5. Additional Terms. Some services may be subject to additional terms of use (the “Additional Terms”) and you agree to those Additional Terms. In the event of any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for services applicable to the Additional Terms.

6. NO WARRANTY. THIS WEBSITE AND ALL MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOTO ENTERPRISES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD MOTO ENTERPRISES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, AND ANY VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MOTO ENTERPRISES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF MOTO ENTERPRISES, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

8. Copyright Infringement. All DMCA Notices should be sent to the following address:

Moto Enterprises DMCA Agent
10531 4S Commons Drive
#509
San Diego, CA 92127

9. Personal Use. This Website site is made available for your personal use on your own behalf.

10. Minors. Minors are not eligible to use this Website. You agree that by using this Website, you are at least 18 years of age and you are legally able to enter into a contract.

12. Media. The media hosts on the Website (if any) are paid spokespersons.

13. Acknowledgement. Moto Enterprises reserves the right to refuse service to anyone at any time. If at any time you do not agree to these Terms of Use, you agree to not use this Website. Moto Enterprises may revise these Terms of Use at any time without notice to you. BY USING MOTO ENTERPRISES’ SERVICES OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.