TERMS AND CONDITIONS
Motohorse, Inc. Terms of Use
Effective December, 2023
Introduction to Our Services
Welcome to Motohorse, Inc., your premier destination for motorcycle parts and accessories. These Terms of Use (“Terms”) are designed to ensure a mutual understanding of rights and responsibilities between you (“User”, “you”) and Motohorse, Inc. (“we”, “us”, “our”) as you engage with our websites and mobile applications (“Services”). By accessing, using, downloading, or browsing our Services, you acknowledge your agreement to these Terms and our Privacy Policy. If you find any aspect of these Terms or the Privacy Policy unacceptable, please discontinue your use of our Services immediately.
Comprehensive User Agreement
In addition to these overarching Terms, specific features, promotions, products, or services you may choose to use or participate in may be subject to additional terms (“Additional Terms”). In instances where Additional Terms apply, they complement these Terms. If there’s a conflict between these Terms and the Additional Terms, the latter will have precedence regarding your use of the relevant Services.
Accessing and Utilizing Our Platforms
Our commitment is to maintain the accessibility and functionality of our Services. However, we must acknowledge the unpredictability of technology and cannot guarantee uninterrupted service, complete security, or error-free experiences. It’s your responsibility to secure your technology infrastructure and safeguard it against potential threats, including viruses and malware.
Our Services are intended for individuals who are of legal age to form binding contracts under applicable laws. We prohibit the use of our Services by those not meeting this criterion and reserve the right to terminate access for any user violating these Terms, compromising the safety of others, engaging in fraudulent activities, or failing our risk assessment protocols without prior notice or compensation.
User Conduct and Responsibility
Creating an account with us may enhance your experience and access to certain features. It’s crucial that you provide accurate information during registration and maintain the confidentiality of your account details. You’re responsible for all activities under your account and must notify us promptly of unauthorized use. Acting on behalf of another entity implies you have the authority to agree to these Terms on their behalf, and we hold you accountable for compliance with these Terms.
Intellectual Property Rights and Usage
By accepting these Terms and any applicable fees, you’re granted a limited, non-exclusive, personal, and revocable right to access and use our Services. This license is strictly for personal, non-commercial use. Any attempt to reverse engineer, create derivative works, or use our Services for competitive purposes without our explicit consent is strictly prohibited.
We claim exclusive ownership and control over all intellectual property within our Services. This includes, but is not limited to, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code. Unauthorized use, alteration, or exploitation of any intellectual property within our Services will result in immediate termination of your access and may lead to legal action.
Restrictive Use Policy
To preserve the integrity and security of our Services, users must adhere to specific guidelines. These include prohibitions on altering our Services or content, engaging in data mining through automated systems, commercial exploitation of our Services without consent, and any activities that compromise the security or functionality of our Services. Violation of these guidelines warrants corrective action from Motohorse, Inc., which may include termination of access.
Your commitment to these Terms supports a respectful, lawful, and enjoyable environment for all users. We reserve the right to modify these Terms as our Services evolve. Your continued use of our Services following any such changes signifies your acceptance of the new Terms.
Creativity and Community Engagement
At Motohorse, Inc., we deeply value the creativity, insights, and engagement of our user community. Our platforms offer various features enabling you to share a wide range of user-generated content (UGC), such as reviews, photos, texts, and videos. Whether you’re responding to our engagement prompts or using our designated hashtags on social media, it’s crucial to understand and respect the terms governing your content submissions and usage.
Content Submission and Licensing Agreement
By sharing UGC on our platforms or using our hashtags, you grant Motohorse, Inc. and our affiliates a non-exclusive, royalty-free, perpetual, and worldwide license to use, adapt, reproduce, distribute, and display your UGC across all media. This license is for various purposes, including but not limited to promotional, marketing, and other commercial or non-commercial endeavors. We may alter or integrate your UGC with other materials at our discretion, without further obligation to you. Submitting UGC implies your consent for us to use it without attribution, waiving any rights to be recognized as the author.
User Assertions and Obligations
By contributing UGC, you confirm that:
- You own the UGC or have obtained necessary permissions from the copyright holder.
- You’ve secured consent from individuals depicted in the UGC, particularly minors.
- Your UGC does not infringe on any third-party rights or violate any laws
- You absolve Motohorse, Inc. from any claims related to our use of the UGC as permitted by these terms.
Content and Behavior Guidelines
To foster a respectful and safe community, please exercise discretion with your UGC and interactions on our platform. Avoid sharing offensive, illegal, or harmful content and engaging in disruptive behaviors. Specifically prohibited are sexually explicit materials, fraudulent content, unsolicited advertising, and personal data without consent. We reserve the right to remove content and take necessary actions against violative behaviors.
While we aim to create a positive user experience, Motohorse, Inc. cannot oversee all UGC or guarantee the appropriateness of content shared by others. We encourage your assistance in maintaining a respectful community by reporting any concerns.
Intellectual Property and External Content
You retain ownership of your UGC but grant us broad usage rights as detailed. Always respect others’ intellectual property rights and avoid infringing content. Our services may include or link to third-party content; Motohorse, Inc. is not liable for these external resources. Ensure you review their terms and privacy policies.
Engaging with Motohorse, Inc.
Your feedback and creative ideas are welcome, though not confidential. By sharing them, you allow Motohorse, Inc. unrestricted use without compensation. Engaging with our platforms signifies your acceptance of these guidelines, enhancing our community’s vibrancy and respectfulness. We reserve the right to update these terms to align with evolving community standards and legal requirements.
Responding to Copyright Concerns & Infringement Notification Process
If you believe that your copyright has been infringed upon by material hosted on our platforms, including User Content, Motohorse, Inc. takes these concerns seriously and asks that you follow the outlined procedure to submit a formal infringement notice:
- Identification of Copyrighted Work: Clearly identify the copyrighted work you believe has been infringed upon.
- Identification of Infringing Material: Provide a clear description of the infringing material and sufficient details (e.g., a URL) to allow us to locate the material on our websites or apps.
- Contact Information: Include your contact details, such as an email address and phone number, to facilitate our response to your complaint.
- Good Faith Statement: Add a statement indicating your good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Accuracy Statement: Include a statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Signature: The notice must be signed by the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Notices of copyright infringement claims should be directed to Motohorse, Inc. via email to [email protected], or mailed to our designated copyright agent. Please mark your correspondence with “Attention: Copyright.”
Motohorse, Inc. adheres to a policy of responding promptly to clear and complete notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. Upon receipt of a proper infringement notification, we commit to removing or disabling access to the allegedly infringing material and, where applicable, terminating or disabling the accounts of repeat infringers.
Before submitting a notice or counter-notice, we recommend consulting with your legal advisor. Be aware that false claims of copyright infringement may expose you to liability for damages, including legal costs and attorneys’ fees. We are dedicated to reviewing and addressing all notices that meet the required criteria.
In line with the DMCA and applicable laws, Motohorse, Inc. has established a policy of terminating, under appropriate circumstances and at our discretion, users who are determined to be repeat infringers. We may also limit access to our platforms or terminate the accounts of any users who infringe on the intellectual property rights of others, irrespective of repeat infringement.
Termination of Usage
We reserve the right to suspend and/or terminate your Account and your access to our websites and apps at any time, for any reason, without prior notice, as determined in our sole discretion. If you violate any of these Terms of Use, commit fraud or falsify information in connection with your use of our websites or apps, your Account may be terminated immediately, and we reserve the right to hold you liable for any and all damages we may suffer, to pursue legal action through relevant local, national, and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of our websites or apps. If we terminate your Account, you may not re-enroll or join under a new account unless we formally invite you.
You may discontinue your use of and access to the websites and apps at any time. However, these Terms remain in force until terminated by Motohorse, Inc., which may be done at any time in our sole discretion. We may also, at any time, suspend or block your access to our websites and apps without notice for any conduct that we, in our sole discretion, believe is contrary to the interests of Motohorse, Inc., in violation of these Terms, or in violation of any applicable local, state, or federal laws or regulations.
In the event of any termination, the restrictions on your use of the material on the websites and apps (including with respect to intellectual property), and any of these Terms that are by their nature unaffected by termination of your usage of the websites and apps (including the terms applicable to dispute resolution, indemnification, limitation of liability, and disclaimer of warranty) shall survive such termination, and you agree to remain bound by those terms. We reserve the right to seek all remedies available at law and in equity for violations of these Terms.
Accessibility of Websites and Applications
At Motohorse, Inc., we endeavor to ensure our websites and applications are reliably accessible to our users. Despite our best efforts to maintain uninterrupted service, occasional downtime for maintenance, updates, or unforeseen circumstances may render our digital platforms temporarily unavailable. We appreciate your understanding and patience during these periods. Please note, Motohorse, Inc. is not liable for any connectivity issues, data charges, or other expenses incurred during your use of our services.
Product Information and Availability
Our commitment is to provide you with up-to-date and accurate product information. However, the availability of products cannot be guaranteed, and all pricing is subject to change without prior notice. We display all prices in U.S. dollars, applicable within the continental United States. We reserve the right to discontinue products, modify specifications, and adjust prices or product availability at any time. Furthermore, we may limit quantities on any order at our discretion.
While we strive for accuracy in product descriptions, images, and general website content, discrepancies may occur. This includes potential variances in product colors as displayed on your device, which may not precisely reflect the actual color of the product. Motohorse, Inc. assumes no responsibility for any misinterpretations or reliance on the information presented on our platforms.
Should any inaccuracies or errors in pricing and product information arise, we reserve the right to correct such issues and, if necessary, cancel orders based on incorrect information. Customers affected by order cancellations due to corrected inaccuracies will receive a full refund for the purchase amount.
Risk of Loss
The transfer of risk and title for purchased products occurs when the items are delivered to the shipping carrier. This means you assume the risk of loss once the products are in transit.
Compliance with Emissions and Aftermarket Parts Regulations
Purchasing aftermarket components that modify your motorcycle’s emission control systems signifies your understanding and agreement that these parts, including exhaust systems and fuel controllers, are designated solely for closed-course competition. Use of these components on street vehicles contradicts their intended purpose. Motohorse, Inc. cannot monitor the installation or use of these parts and is not liable for any legal or regulatory violations that may result from their improper use. It is your responsibility to adhere to all applicable laws regarding your vehicle.
Tax Obligations
Purchases made through Motohorse, Inc.’s platforms may be subject to state sales, use, and other applicable taxes. We will notify you of any taxes due at the time of purchase. Some states require the issuance of an annual purchase summary to both customers and tax authorities, detailing transactions over the previous year. By making a purchase, you consent to receive this summary electronically and acknowledge it may necessitate action on your part for tax reporting purposes.
Participation in Promotions and Contests
Motohorse, Inc. frequently hosts contests, sweepstakes, and other promotional events that encourage community engagement. Participation in these activities is governed by specific rules and terms, which supplement these Terms of Use. We advise reviewing all applicable rules and our Privacy Policy before taking part. In instances of conflict, the specific promotion’s rules will prevail.
Interaction with Third-Party Content
Our digital platforms may feature links to third-party websites and applications. Motohorse, Inc. bears no responsibility for the content, policies, or practices of any third-party site. We encourage you to review the terms and privacy policies of any third-party platforms before engaging with their content.
Disclaimer of Warranties
Motohorse, Inc. provides its websites, apps, products, and services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Motohorse, Inc. disclaims all warranties, express or implied, including warranties of merchantability, non-infringement, and fitness for a particular purpose. You acknowledge that your use of our services is at your own risk and that we are not liable for any personal injury, property damage, or other loss resulting from such use. You assume full responsibility for any necessary servicing, repair, or correction to equipment or data you use in connection with our services.
Limitation of Liability
Under no circumstances will Motohorse, Inc., its employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our websites, apps, or any products or services offered. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, whether based on warranty, contract, tort (including negligence), or any other legal theory. The total liability of Motohorse, Inc. for all claims under these terms will not exceed the greater of $250 USD or the amount you have paid us in the past twelve months.
Dispute Resolution
We aim to resolve disputes amicably through our customer service. However, unresolved disputes shall first undergo mediation under the American Arbitration Association (“AAA”) before proceeding to binding arbitration as per AAA’s Commercial Arbitration Rules. This excludes disputes eligible for small claims court and those involving intellectual property infringement claims, which may be taken to state or federal court. You and Motohorse, Inc. agree to individual arbitration, waiving any right to participate in class-action lawsuits or arbitrations. Disputes must be filed within one year from the cause of action, beyond which they are considered waived.
Indemnification
You agree to indemnify and hold harmless Motohorse, Inc. and its affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
Additional Terms for iOS App Users
iOS app users acknowledge that these Terms are solely between you and Motohorse, Inc., not Apple. Motohorse, Inc. is responsible for the provision and maintenance of the app, not Apple. Any inquiries or complaints regarding the app should be directed to Motohorse, Inc., not Apple.
General Terms
No waiver by Motohorse, Inc. of any terms will be considered a further or continuing waiver. If any provision of these Terms is held to be invalid, the remaining provisions will remain in effect. These Terms may be assigned by Motohorse, Inc. but not by you without our prior written consent. Disputes arising under these Terms will be governed by the laws of the specified jurisdiction, without regard to its conflict of law provisions.
Contact Information
For questions or concerns about these Terms, please contact us at [email protected].