Terms and Conditions
Use of our website (this “Website”) is governed by the terms and conditions described below. Please read them carefully. Your use of this Website indicates your acceptance of these terms and conditions. Motorq, LLC (the “Company”) reserves the right to make modifications to these Terms & Conditions of Use at any time. You accept the obligation to review these Terms & Conditions of Use prior to each use, and your use of this Website constitutes an acceptance to be bound by any modifications. These Terms and Conditions of Use were last amended on October 25, 2017. These Terms & Conditions of Use are referred to hereafter as the “Agreement” and you will be referred to as “User.”
User hereby acknowledges that the Company may disclose to User valuable confidential information of the Company. User agrees to hold all such confidential information in confidence and not to disclose such confidential information to anyone other than User’s employees with a bona fide need to know, provided such employees are governed by a parallel confidentiality obligation of equal or greater force. Additionally, User agrees to use at least that degree of care which User uses to protect User’s own information of a similar confidential nature, but in no event less than reasonable protection. Excluded from such confidential information is information which, as proven by User by clear and convincing evidence, was in User’s possession without confidential limitation prior to disclosure, is known or becomes known to the general public without breach of this Agreement, is received rightfully by User without confidentiality limitations from a third party, or is disclosed publicly by the Company without substantially similar confidentiality restrictions. This confidentiality obligation is to survive the termination, expiration or cancellation of this Agreement for any cause whatsoever, and to remain in force in perpetuity.
2. Competitive Services.
User is prohibited from, and shall not, develop, market or sell any competitive service based on or derived in any way from the use of the Website or from Proprietary Information or from the benefits of know-how resulting from access to or work with the Company’s confidential information. The term “benefits of know how” means information in non-tangible form which may be retained by persons who have had access to the confidential information, including ideas, concepts, know how or techniques contained therein.
User acknowledges that the Company has acquired, and is the owner of, trademark rights in the name and word mark Motorq™, and in the design marks displayed on the Website. User acknowledges that this name and these marks are famous and internationally known. User shall not, at any time or for any reason, challenge the validity of, or the Company’s ownership of, the foregoing name and marks, and User waives any rights User may have at any time to do so. All use of the foregoing name and marks by User shall inure exclusively to the benefit of the Company. All marks shown on the Website but not owned by the Company are the property of their respective owners.
4. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Company to locate the material on the Website;
(d) the name, address, telephone number, and email address (if available) of the complaining party;
(e) a statement that the complaining party has 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; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Website should be sent to firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
5. Image Display and Information.
We attempt to display the images featured on our Website as accurately as possible. However, we cannot guarantee that your monitor’s display of graphics, designs, color, texture or detail will be accurate. On occasion, the Website may contain incomplete information, typographical errors, or inaccuracies. We reserve the right to correct errors at any time without prior notice. Our liability for such errors shall be limited pursuant to paragraph 7 hereof.
6. Disclaimer of Warranty.
13.1 THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND THE USE OF SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THE SERVERS UTILIZED FOR THE WEBSITE; OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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.
7. Limitation of Liability.
Each User is solely responsible for (i) his or her use of the Website, and (ii) any damages incurred by him or her or any third party that arise from or are related to the Website. Neither the Company nor third parties who provide content to this Website (its “Content Providers”) will be liable to User or any third party for any damages arising from or relating to this Website, except to the extent such damages are determined by a court of competent jurisdiction to have arisen directly from a willful breach by the Company of any of its express obligations hereunder. In the event of such a finding, the aggregate liability of the Company and its Content Providers for any damages, whether arising in contract, tort or otherwise, shall be limited to five hundred dollars ($500). Notwithstanding anything to the contrary set forth herein, neither the Company nor any of its Content Providers shall be liable for any punitive, special, indirect or consequential damages, even if the Company or its Content Providers have been advised of the possibility of such damages. The Company specifically disclaims responsibility for the security of information submitted by and shall have no liability for any release of such information due to third party misappropriation or otherwise.
8. Term and Termination.
The term of this Agreement (the “Term”) shall commence on the date on which User first accesses or utilizes the Website in any way and will continue so long as User continues to access or utilize the Website. The terms of this Agreement shall survive expiration or termination of this Agreement.
9. Place for all Disputes.
All disputes arising out of this Agreement or the performance thereof shall be determined exclusively under the laws of the State of New York, without reference to its conflict-of-law provisions, and User consents to the personal jurisdiction of the state and federal courts located in New York County, New York. User shall not initiate any legal proceeding arising out of this Agreement or the performance thereof in any jurisdiction other than in the state or federal courts located in New York County, New York. In any proceeding to enforce the Company’s rights hereunder, the Company shall be awarded all of its costs and fees, including reasonable attorneys’ fees.
10. Entire Agreement; Variation.
This Agreement, sets forth the entire agreement between the Company and User with respect to the Website; provided, however, that the Company reserves the right to modify this Agreement, effective as of the date of the modification, at any time at its sole discretion. If the Company does make changes to the Agreement, the Company will post a revised Agreement on the Website. User will be responsible for regularly checking the Website for any such changes. By accessing the Website after the effective date of any change, User agrees that he or she will be bound by the revised Agreement.
If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provisions shall be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of this Agreement shall not be affected thereby.
When any notice is required or authorized hereunder, such notice shall be given in writing by recognized overnight express service, certified or registered mail, or personal delivery, in the case of the Company, to Motorq, LLC, 11860 Brookglen Drive, Saratoga, CA 95070, with a copy to: Black & Associates, 100 Wall Street, Suite 900, New York, NY 10005, and in the case of User, to User’s attention at the address, including e-mail address, on file with the Company, or such other address as may be obtained through means believed by the Company in good faith to be accurate. A notice shall be deemed given on the date of personal delivery, one business day after being deposited with the overnight express service, or five days after being deposited in the certified or registered mail.
No delay, omission, or failure to exercise any right or remedy provided herein shall be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.